Labor & Employment Law, Administrative Law, Nonprofit Law

Exempt or Non-Exempt? The Ten Most Common Employee Classification Pitfalls Faced by Nonprofits

by Daniel Chammas, Nicholas Reiter, Jeffrey S. Tenenbaum | Venable LLP on 1/8/2013

In this presentation: - How to find and fix common misclassification errors - Common exemptions from the FLSA – Independent contractors – Commissioned salespersons – Seasonal employees – Computer...more

NLRB Asserts Jurisdiction Over Chicago Nonprofit Corporation That Operates Charter School

by Jennifer Dunn, David Johnson | Franczek Radelet P.C. on 1/4/2013

In a 3-1 decision in Chicago Mathematics & Science Academy Charter School, Inc. and Chicago Alliance of Charter Teachers & Staff, IFT, AFT, AFL-CIO, the National Labor Relations Board (NLRB) asserted jurisdiction over a...more

Contrary to Union's Argument, NLRB Finds Jurisdiction Over Nonprofit Corporation Operating Charter School in Chicago

by Brenda Canale, Tanja Thompson | Littler on 1/2/2013

In Chicago Mathematics & Science Academy Charter School, Inc., 359 NLRB No. 41 (Dec. 14, 2012), the National Labor Relations Board ("the Board" or "NLRB") rejected the position of a teachers' union and found that it had...more

Nonprofit Labor Pains: "Confidential" Investigations Create Legal Risk

by Venable LLP on 10/9/2012

Are you looking for a way to get sued when you investigate employee misconduct? Then prohibit employees from discussing the investigation with their co-workers. If you are scratching your head at that bizarre pronouncement,...more

Payroll Pitfalls: How Nonprofit Employers Can Avoid Big Problems

by Venable LLP on 9/20/2012

In this presentation: – Common exemptions from the FLSA – Independent contractors – Unpaid interns – Volunteers – Waiting around at the workplace – Employee seminars, lectures, and...more

The Next Generation of Nonprofit Executive Compensation: The Keys to Withstanding IRS Scrutiny

by Venable LLP on 6/19/2012

In this presentation: - Explain significance of executive compensation - Explain rules and regulations regarding executive compensation - Explain how organizations can protect themselves - Explain scope of...more

New DOL Opinion States Certain 403(b) Plans No Longer Exempt from ERISA

by McDermott Will & Emery on 6/13/2012

Recently issued U.S. Department of Labor guidance indicates limitations on the use of an exemption from the Employee Retirement Income Security Act of 1974, as amended (ERISA), for certain 403(b) Plans. ...more

Nonprofit Retirement Plan Fee Disclosure – Action Needed

by Venable LLP on 5/31/2012

Nonprofit organizations that sponsor retirement plans such as 401(k) and 403(b) plans are subject to two separate, but related, newly finalized U.S. Department of Labor regulations regarding disclosure of retirement plan fees...more

Proposed New York Regulations Would Limit Executive Compensation

by Mintz Levin - Employment, Labor & Benefits on 5/23/2012

On May 16th, Governor Cuomo announced the issuance of proposed regulations by several New York State agencies which limit administrative costs and executive compensation for entities receiving State funding or...more

"Volunteers" And Non-Profits: Round Two

by Fisher & Phillips LLP on 4/13/2012

A few readers were surprised by our April 3 post's caution that, in some scenarios, a volunteer performing work for a federal Fair Labor Standards Act-covered non-profit organization might be an "employee" subject to that...more

Are "Volunteers" The Answer For Non-Profits?

by Fisher & Phillips LLP on 4/4/2012

A reader of our March 14 post relating to unpaid internships at non-profit organizations asks whether non-profits can avoid the intern debate by offering "volunteer" opportunities to engage in charitable or public-service...more

Feds Seeking Public Comments on Religious Objections to Contraceptive Coverage

by Davis Brown Law Firm on 3/26/2012

Last week HHS, DOL and Treasury issued an advanced notice of proposed rule-making seeking public comments on how best to accommodate the objections raised by religious organizations to mandated contraceptive coverage. HHS has...more

'Big Brother' in the Office: Helping Nonprofits Manage Employee Privacy in the Modern Workplace

by Venable LLP on 3/22/2012

In this presentation; Why are we concerned? – Technology trends – Workforce realities – Increasing challenges Legal landscape – Monitoring generally – Work v. Personal...more

Unpaid Internships At Non-Profits Or Arranged By Schools

by Fisher & Phillips LLP on 3/15/2012

Our earlier post prompted questions about whether federal Fair Labor Standards Act principles are different for unpaid internships at non-profit organizations or for those sponsored by educational institutions for which the...more

Starting a Kentucky Business Task List

by Wolfe & Houlehan PLLC on 3/5/2012

List of legal and practical steps most entrepreneurs face in starting a business in Kentucky...more

Detecting and Preventing Fraud and Embezzlement in Your Nonprofit Organization

by Venable LLP on 12/13/2011

In this presentation; - Recent Examples of Nonprofit Embezzlement - Why Does Employee Fraud Occur? - Why Are Nonprofits Frequently the Victims of Embezzlement? - External Audits - Fraud Risk...more

Pitfalls for Nonprofits that Receive Federal Funds: Lessons Learned from ACORN

by Venable LLP on 12/12/2011

In this presentation; - The ACORN Case - The GAO’s Review of the Case - GAO’s Findings – Area #1 Volume of Federal Funding - GAO’s Findings – Area #2 Agency Monitoring - GAO’s Findings – Area #3...more

Treasury Releases Long-Overdue Report on Supporting Organizations and Donor Advised Funds

by Proskauer - Not for Profit/Exempt... on 12/9/2011

Along with making significant changes to the rules for supporting organizations (“SOs”) and donor advised funds (“DAFs”) in the Pension Protection Act of 2006 (the “PPA”), Congress directed that Treasury conduct a study on...more

Holiday "Volunteer" Services Might Be FLSA Employment

by Fisher & Phillips LLP on 11/23/2011

The holiday spirit moves many to volunteer for activities of a benevolent nature. An organization to which such individuals donate services should consider the possibility that they might be "employees" under the federal Fair...more

Recaps from Proskauer's 16th Annual Trick or Treat Tax Exempt Seminar

by Proskauer - Not for Profit/Exempt... on 11/4/2011

Proskauer's 16th Annual Trick or Treat Seminar was held on Monday, October 31, 2011. The Seminar discussed: - Corporate Governance for Not-for-Profit/Exempt Organizations - Maintaining Tax-Exempt Status During...more

Government Investigations & Nonprofits: At Least Two Branches Are Out to Get You

by Venable LLP on 10/12/2011

IN THIS PRESENTATION: Agenda • Preventing Government investigations • Managing organization’s response to Government inquiry • Responding to requests for documents • Conducting internal...more

Telecommuting Employees: How Nonprofits Can Avoid the Legal Pitfalls

by Venable LLP on 9/13/2011

IN THIS SEMINAR: Introduction - What is telecommuting? - Benefits of telecommuting - Policy and practice challenges raised by telecommuting - Legal risks of...more

New Guidance for Nonprofits Regarding Social Media Policies and Punishment

by Venable LLP on 9/12/2011

In our last alert on this subject,1 nonprofit employers were reminded that rapidly developing law in the area of disciplining employees for voicing workplace gripes in social media such as Facebook or Twitter warranted...more

Week in review - August 19, 2011 -- Our top "5" subjects you should know

by International Lawyers Network on 8/22/2011

In This Issue: 1. GOP leaders approach public union leaders for compromise Governor John Kasich, House Speaker William Batchelder (R-Medina), and Senate President Tom Niehaus (R-New Richmond) held a press conference...more

Understanding Compensable Time Issues for Nonprofits under the Fair Labor Standards Act

by Venable LLP on 7/14/2011

Overview -- Why are we concerned about compensable time? – Employers are failing to identify, record, and compensate "off-the-clock" hours spent by employees performing compensable, job-related activities. – ...more

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Labor & Employment Law › Administrative Law › Nonprofit Law