Primer for Nonprofits on Paid Employees, Volunteers, and Interns
What takes priority? There was a social media storm this week after a large non-profit organization terminated a volunteer after the volunteer questioned the point of having preferred pronouns in signature blocks. The woman...more
Critical infrastructure and essential services in the United States—especially small or rural service providers—are highly vulnerable to disruptions from cyber attacks. Given the ever-growing need for cybersecurity services...more
Manicurist Can Proceed With Hostile Work Environment Claim - Fried v. Wynn Las Vegas, 18 F.4th 643 (9th Cir. 2021) - Vincent Fried, a manicurist at a salon in the Wynn Hotel in Las Vegas, was sexually propositioned by a...more
Nonprofit organizations depend heavily upon their volunteers. What if a court were to hold that volunteers were in fact employees entitled to minimum and overtime wages, meal and rest breaks, wage statements and other...more
In Jeraci v. Cooper et al., 2021 NY Slip Op 03025 (2d Dep’t May 12, 2021), the Appellate Division, Second Department of the New York State Supreme Court affirmed the dismissal of a negligence claim against a defendant who...more
Q: Our nonprofit organization accepts donations and volunteers drive these donated items between our multiple locations. Is this an issue and can I pay them mileage for the time?...more
With the Annual Tax Act 2020 passed by the Bundestag yesterday, the legislature took a big step towards non-profit organizations (hereinafter referred to as "NPOs"). Finally, new regulations have been created in non-profit...more
It's a cliché because it's true. Especially for volunteers. Gentle reader, perhaps you or your friends serve the community as directors of non-profits. Most non-profits and many local government quasi-public entities rely...more
The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more
An entity must be a Commonwealth agency, a local agency, a judicial agency or a legislative agency to be subject to the RTKL. 65 P.S. § 67.302. In Pysher v. Clinton Township Vol. Fire Co., 1237 C.D. 2017, 2019 WL 2017782, at...more
Various Charities and Nonprofits webpages have been redesigned to improve organization, design and navigation using data analytics and user testing. Charitable hospitals under the Affordable Care Act – Section 501(r) - ...more
Despite most of the government being occupied with the "shutdown" dilemma, the unaffected USDOL has remained busy and gifted us with two opinion letters on Friday: an enlightening one regarding certain volunteers and a simple...more
In a recent case, a federal bankruptcy court in Michigan reviewed important questions involving breach of fiduciary duty and the application of the business judgment rule to both management and volunteer board members of a...more
So far in 2018, the U.S. Department of Labor (“DOL”) has issued more than 20 opinion letters navigating the murky waters of the Fair Labor Standards Act (“FLSA”). In late-August, the DOL issued several new opinion letters to...more
DOL Opinion Letter confirms that volunteer status not jeopardized by nonprofit payment of expenses. Department of Labor Opinion Letter endorses non-employee classification of member volunteers at nonprofit, without...more
Last week, on August 28, 2018, the U.S. Department of Labor (DOL) issued four Fair Labor Standards Act (FLSA) opinion letters. In welcome late-summer news to employers, each opinion is employer-friendly....more
On a daily basis we are inundated with news and information from all over the world. My morning paper, evening news, and daily smartphone alerts are primarily focused on the United States’ political climate, natural...more
From hurricanes Harvey to Irma, Maria and Nate, how nongovernmental organizations, private enterprise, local groups, and transported not-for-profits help to make the system work....more
If your company is a nonprofit or has a nonprofit foundation, are you covered if something happens to your volunteers while they’re engaged in service to your organization? The concern is real. There were 287 fatal...more
The Third Circuit Court of Appeals recently upheld a trial court’s jury verdict finding the individual board members and officers of a non-profit healthcare facility personally liable to the facility’s creditors. The board...more
In this issue: - Not-for-Profit Spotlight - Liability Exposure for Volunteers - Rules for Reimbursing Employers Up for Review—It’s a Good Time to Brush Up on the Benefits and Requirements of Your...more
In our last post, we looked at the rules governing volunteers at for-profit entities. As we discussed, for-profit organizations have almost no latitude to accept volunteer services. However, nonprofit employers face a more...more
It is that fun time for New Year’s resolutions. Right up there with promises to go to the gym and to try to get along with one’s in-laws, many will make plans to do more volunteer work in 2015. From an employer’s point of...more
Many non-profit organizations, public agencies, and other employers rely upon volunteers. But what happens when an organization decides to terminate a volunteer’s affiliation with it because of the volunteer’s religion? ...more
Nonprofit organizations and governmental entities are permitted to use volunteer labor. In many instances, the work performed mirrors that performed by paid staff. Employers may want to recognize the time and efforts of the...more