A review of key legal developments for nonprofit organizations at the federal and state levels in 2018 and 2019.
Antitrust enforcement continues against nonprofits.
...more
12/30/2019
/ 501(c)(3) ,
Antitrust Violations ,
Campaign Contributions ,
Certifications ,
Corporate Governance ,
Federal Election Commission (FEC) ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Internal Revenue Code (IRC) ,
Nonprofits ,
PACs ,
State Labor Laws ,
State Law Tort Claims
The 2019 Final Rule formally rescinds the Obama Administration’s 2016 Final Rule and increases the current minimum salary level by almost 50 percent and the current exemption salary level for highly compensated employees by...more
10/10/2019
/ Best Practices ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Obama Administration ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
The SHIELD Act will impose substantial new obligations on any employer with an employee residing in New York State, as well as on many employers across the country that conduct online hiring.
Regardless of their location or...more
10/8/2019
/ Cybersecurity ,
Data Privacy ,
Data Protection ,
Electronically Stored Information ,
Employer Liability Issues ,
Employer Mandates ,
Personal Information ,
Popular ,
Privacy Laws ,
SHIELD Act ,
State Data Breach Notification Statutes
New cybersecurity and data privacy laws will impose substantial new obligations on businesses that collect information about residents of those states.
Regardless of their location or size, nonprofit organizations that...more
New York continues to expand its protection of employees in the workplace with a series of laws significantly increasing the responsibilities and potential liability of New York employers.
New York State has enacted...more
8/24/2019
/ Affirmative Defenses ,
Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Attorney's Fees ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Faragher/Ellerth defense ,
Gender-Based Pay Discrimination ,
Hairstyle Discrimination ,
Harassment ,
Mandatory Arbitration Clauses ,
New Rules ,
Non-Disclosure Agreement ,
NYSHRL ,
Race Discrimination ,
Salary/Wage History ,
State Labor Laws ,
Unfair Immigration-Related Practices
The proposed changes seek to formally rescind the Obama Administration’s 2016 Final Rule, which more than doubled the minimum salary levels for exemption for overtime requirements. Instead, the Trump Administration proposes...more
3/19/2019
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
NPRM ,
Obama Administration ,
Public Comment ,
Recordkeeping Requirements ,
Standard Duties Test ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
With a checkered reputation in Silicon Valley, the Department of Labor (DOL) holds “listening sessions” stating “OFCCP Wants to Help.”
DOL’s Office of Federal Contract Compliance Programs (OFCCP) has made several...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
9/19/2018
/ 501(c)(6) ,
Charitable Organizations ,
Classification ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Nonprofits ,
Opinion Letter ,
Policies and Procedures ,
Regulatory Reform ,
Religious Institutions ,
Subject Matter Experts (SMEs) ,
Volunteers ,
Wage and Hour
Talone settlement highlights the continuing risk nonprofit organizations face if they link membership to credentialing.
- Antitrust class action targeted American Osteopathic Association’s practice of requiring physicians...more
8/21/2018
/ Antitrust Violations ,
Business Associations ,
Certification Requirements ,
Class Action ,
Consumer Fraud ,
Illegal Tying Arranegements ,
Membership Agreements ,
Motion to Dismiss ,
Osteopathic Physicians ,
Physicians ,
Sherman Act ,
State Medical Board
A review of key legal developments at the federal and state levels for nonprofit organizations -
Federal government and private antitrust enforcement continues against nonprofits. ...more
7/5/2018
/ 501(c)(4) ,
501(c)(6) ,
Antitrust Investigations ,
Articles of Incorporation ,
Association Health Plans ,
Board of Directors ,
Bylaws ,
Competition ,
Employee Retirement Income Security Act (ERISA) ,
Federal Trade Commission (FTC) ,
Franchise Taxes ,
Gross Negligence ,
Health Care Providers ,
Homeowners Association (HOA) ,
IRS ,
Mismanagement ,
Nonprofits ,
Personal Jurisdiction ,
Sherman Act ,
Trade Associations
Sweeping new legislation in New York aims to prevent and shine light on sexual harassment.
New York State employers will soon be prohibited from mandating arbitration of sexual harassment claims. They must also obtain...more
5/22/2018
/ #MeToo ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Commission on Human Rights ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender-Based Pay Discrimination ,
Harassment ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
New Hires ,
New Legislation ,
Policies and Procedures ,
Sexual Harassment ,
State Labor Laws
Based on feedback obtained at a series of town hall meetings to listen to the concerns of Government contractors, OFCCP has now issued an action plan for improved performance.
As a result of town hall meetings, OFCCP has...more
5/4/2018
/ Construction Contracts ,
CSALs ,
EEO-1 ,
Federal Contractors ,
OFCCP ,
Recordkeeping Requirements ,
Town Hall Meetings ,
Transparency ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Voluntary Compliance
The U.S. Department of Labor has endorsed a seven-factor test for determining whether an intern is considered an employee under the Fair Labor Standards Act.
The U.S. Department of Labor (DOL) has announced it has...more
New state and local laws might change employment salary due diligence and post-closing arrangements in M&A deals New state and local laws might change employment salary due diligence and post-closing arrangements in M&A...more
10/17/2017
/ Acquisitions ,
Due Diligence ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Mergers ,
New Legislation ,
Post-Closing Rights ,
Salary/Wage History ,
Severance Pay ,
State and Local Government ,
State Labor Laws ,
Stock Purchase Agreement ,
WARN Act
Having shaken the prospect of a merger with EEOC, and facing a smaller budget, the OFCCP offers a glimpse into its priorities and invites contractors to suggest changes. -
Takeaways -
Compliance letters have been...more
9/28/2017
/ Affirmative Action ,
Audit Policies ,
Chamber of Commerce ,
Construction Contracts ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Non-Discrimination Rules ,
OFCCP ,
OMB ,
Public Comment ,
Recordkeeping Requirements ,
Town Hall Meetings ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Voluntary Compliance
There have been important legal developments at the federal and state levels for nonprofit organizations. -
Takeaways
- Nonprofits continue to experience Federal government and private litigant antitrust enforcement....more
9/15/2017
/ 501(c)(3) ,
Anti-Tying ,
Antitrust Investigations ,
Breach of Duty ,
CASL ,
Corporate Dissolution ,
Cy Pres Funds ,
Disclosure Requirements ,
Embezzlement ,
Federal Election Commission (FEC) ,
Federal Trade Commission (FTC) ,
Fiduciary Duty ,
Human Resources Professionals ,
Insolvency ,
IP License ,
No-Poaching ,
Non-Solicitation Agreements ,
Nonprofits ,
Osteopathic Physicians ,
Political Contributions ,
Price-Fixing ,
Professional Associations ,
Sherman Act ,
Trade Associations ,
Ultra Vires
In a shock to investors and political analysts around the world, Donald J. Trump won the 2016 Presidential election, putting the Republican Party in charge of the White House and Congress for the first time in a decade. Even...more
On October 24th, 2016, United States District Judge Marcia A. Crone issued a preliminary injunction that suspends the implementation of certain portions of President Obama’s Executive Order 13673, called the Fair Pay and Safe...more
10/27/2016
/ Arbitrary and Capricious ,
Blacklist ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
First Amendment ,
Labor Law Violations ,
Pay Transparency ,
Pre-Dispute Arbitration ,
Preliminary Injunctions ,
Reporting Requirements ,
Title VII ,
Wage and Hour
On September 30, 2016, the Department of Labor (DOL) published the Final Rule implementing President Obama’s 2015 Executive Order 13706, “Establishing Paid Sick Leave for Federal Contractors” (EO 13706) requiring federal...more
10/7/2016
/ Barack Obama ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Paid Leave ,
Service Contract Act ,
Sick Leave ,
Wage and Hour
On August 25, 2016, the Federal Acquisition Regulatory Council issued final rules and the Department of Labor (DOL) published final guidance implementing President Obama’s 2014 “Fair Pay and Safe Workplaces” Executive Order...more
8/31/2016
/ Administrative Merits Determinations ,
Amended Regulation ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Guidance ,
Final Rules ,
Labor Law Violations ,
Reporting Requirements ,
Subcontractors
On May 18, 2016, the U.S. Department of Labor (DOL) issued its much-anticipated Final Rule amending the Fair Labor Standards Act (FLSA) regulations implementing the exemption from minimum wage and overtime pay for executive,...more
Employers in the hospitality industry have been increasingly assessing and updating their tipping practices over the past several years, with some even eliminating tipping all together, affecting both their bottom lines and...more
The New York City Commission on Human Rights has just released a Human Rights Legal Enforcement Guidance on Discrimination on the Basis of Gender Identity or Expression. The Guidance defines eight categories of discriminatory...more
Notwithstanding that the people involved are often surprised at their public exposure, it has become somewhat commonplace for individuals to be either caught on video by a smartphone or to have a social media website posting...more
Two recent developments have added to the list of the Obama Administration’s compensation-related initiatives. On Labor Day, September 7, 2015, President Obama issued an Executive Order that will require federal contractors...more