Author Archives: Jay Butchko
Seventh Circuit to Hear Constitutional Challenge to Ministerial Housing Allowance
Does your organization have ordained ministers? Do you give them a tax-free payment yearly to help with their housing? If so, read more about the upcoming hearing that challenges the constitutionality of this practice, as well as what it means and does not mean for your organization. Later this year, in the case… Read More »
Firm Settles $3 Million Slip and Fall Case
Simms Showers attorney Timothy Bosson filed suit against Food Lion, LLC in the United States District Court for the Western District of Virginia. The Firm represented a woman who sustained extensive knee and back injuries due to a slip and fall incident at the grocery store. Simms Showers brought a $3 Million suit and settled for… Read More »
Firm Obtains $98K Jury Award for Race-Based Harassment
Simms Showers attorney Timothy Bosson filed a case in the Loudoun County Circuit Court, seeking recovery for a client who had been subjected to race discrimination and malicious prosecution. A jury awarded damages of over $98,000 after a four-day trial. This case was brought under a little-used Virginia Statute that allows individuals to bring… Read More »
The Affordable Care Act’s Employer Mandate & How It Impacts Nonprofits and Small Businesses
Over the past two years, a recurring theme in legal news has been the current Administration’s changes to, interpretations of, and delays in implementing President Obama’s flagship Affordable Care Act (“ACA”) otherwise known as “Obamacare.” This law has wide-reaching implications for many industries across the United States and impacts each individual American’s private life. Two of… Read More »
Wired Worship: Is Your Church Ready to Make Wi-Fi Available to the Congregation?
The availability of free wireless internet (“Wi-Fi”) is rapidly expanding, with free Wi-Fi available in coffee shops, parks, and libraries. Many churches want to add their campus to the growing list of “hotspots” (locations where free Wi-Fi is available) in the community, as both a friendly gesture to their congregations and as an aid to their ministries. However, before a… Read More »
EZ Does It, or Not: The New Form 1023-EZ for Nonprofits
Achieving tax-exempt status as a 501(c)(3) nonprofit organization has always been an arduous process, with numerous checks and double-checks built in by the Internal Revenue Service to prevent the fraud that the nonprofit sector seems to attract. Now the IRS has taken a major step to streamline the process, but not everyone is thrilled… Read More »
Reporting Child Abuse: What is Your Duty?
Consider the following scenarios: • Parents tell the pastor they believe, based on examination and the strange behavior of their 2-year-old daughter, that she was molested by her Sunday School teacher. • A volunteer tells the pastor she has seen an adult Praise Factory worker take the same 3-year-old child to the bathroom alone… Read More »
Common Pitfalls to Avoid in Hiring and Firing
In our tight economy, hearing “You got the job!” may be one of the most thrilling moments a person can have, while hearing “You’re fired!” may consequently be one of the scariest moments. As an employer, you hold in your hand the fate of your employees and the fate of dozens of well-qualified potential… Read More »
Is My Church Being Overseen by Wise Counsel or Wise Guys?
Starting and running a church can be a more complex task than it appears at first blush. There are the usual requirements for starting a church: finding a good pastor, finding a place of worship, and building a strong member community. Even with these elements, however, a church can run aground of basic legal… Read More »
Unrelated Business Income Tax Primer for Nonprofits
What do all the following scenarios have in common? A nonprofit youth camp leases its facilities during the off season for weekend business conventions; a homeless shelter forms a joint venture with private investors to raise money for the construction of a new facility; a church sells Christmas trees at twice their cost to… Read More »