Nonprofits with compensated workers must respect applicable laws governing the distinction between employees and independent contractor. Getting it wrong can result in significant risk exposure to the organizations and even personal liability to board members. For example, nonprofits that misclassify workers as independent contractors may be responsible for unpaid...
EMPLOYMENT LAW / VOLUNTEERS
Anti-Discrimination Laws – Title VII
Nonprofits must of course be aware of and compliant with applicable anti-discrimination laws. The first law we’ll review in this area is Title VII of the Civil Rights Act of 1964. Employment Discrimination Title VII protects employees and job applicants from employment discrimination based on race, color, religion, sex,...
Briefing: AB 5 and the Arts
California Alliance for Arts Education and Californians for the Arts held a briefing on AB 5 and its implications for the arts field on March 3, 2021. Attorney Arlene Yang of Meyers Nave provided an overview of AB 5 and the follow-up bill AB 2257 and described how they...
Nonprofit Radio: Nonprofits and CARES Act
I was interviewed on a special edition of Tony Martignetti Nonprofit Radio released today, April 4, discussing specific provisions of the Families First Coronavirus Response Act and the CARES Act that apply to nonprofits. You can listen here. Below are some highlights of the two Acts and links to helpful...
Nonprofit Radio: Equitable Compensation
I’ll be on on Nonprofit Radio this Friday, February 21, at 10:30 am PT / 1:30 pm ET talking with host Tony Martignetti about charity compensation and pay equity. You can listen live on Talking Alternative. The archived podcast will be available a few days after the show airs. Corporate and tax attorneys who provide “nonprofit...
California AB 5: Employee or Independent Contractor
California’s so-called “Gig Worker Bill,” Assembly Bill 5 (AB 5), goes into effect on January 1, 2020. AB 5 modifies how workers are classified as employees or independent contractors for state law purposes and codifies the 2018 California Supreme Court decision known as Dynamex. Nonprofits that make use of...
Protecting Your Nonprofit from Sexual Harassment
Sexual harassment has long been an epidemic whose immense scope we, as a society, have only recently recognized. No industry has been spared, as Hollywood, government, media, food, tech, and nonprofits have struggled, and continue to struggle, with sexual and other harassment scandals. Harassment in the workplace harms more...
Affiliated Organizations: Sharing Employees
It is becoming increasingly common to see 501(c)(3) organizations affiliated with 501(c)(4) social welfare organizations or 501(c)(6) business leagues. Such affiliations provide an ability to coordinate activities and share resources to further a common goal. But the affiliated organizations must maintain appropriate separation to mitigate against the risks of...
Kathy Has Questions: Volunteers
This post on volunteers is the first in a series prompted by questions from my friend Kathy, who has been an active volunteer, but never an employee or board member, within the nonprofit sector. We hope this perspective will be helpful to both volunteers and nonprofit managers and board...
Nonprofit Radio: Unpaid Interns
I’ll be on Nonprofit Radio this Friday at 10:00 am PT / 1:00 pm ET discussing with host Tony Martignetti what nonprofits need to know about unpaid interns and recent developments in the law. Catch us live on Talking Alternative or a few days later on iTunes. Synopsis Many nonprofits (and for-profits) make use of unpaid...
You must be logged in to post a comment.