Category Archives: Nonprofit Law
Immigration Changes for Nonprofits and Churches
1. Form I-9 Changes in January 2017 Recently the U.S. Citizenship and Immigration Services (USCIS) released a new version of its Form I-9, the Employment Eligibility Verification form and required U.S. employers to begin using the new Form I-9 by January 22, 2017. Currently, U.S. Immigration and Customs Enforcement conduct thousands of I-9… Read More »
Nonprofit and Church Alert: Court Stalls New FLSA Rule
On November 22, 2016, a federal court enjoined the new FLSA salary rule that was scheduled to take effect December 1, 2016. That start date is postponed indefinitely pending further action of the Courts, Executive branch or Congress or all three. Judge Mazzant of the Eastern District of Texas granted an Emergency Motion for… Read More »
Going Deeper: Does FLSA Apply to My Church or Nonprofit?
Generally, all employers are subject to the minimum wage requirements and overtime pay requirements of the Fair Labor Standards Act (FLSA) if they meet interstate commerce requirements either corporately or individually. Thankfully, non-profits and churches enjoy some special exemptions under FLSA, some of which may help exempt many churches and religious nonprofits. There is… Read More »
Radical Changes Coming to Salary & Overtime Regulations in 2016
By July 2016, the Department of Labor is slated to release new regulations that will raise the minimum salary requirement for exempt employees. Currently, in order to be exempt from the overtime requirements of the FLSA, an employee must earn a minimum salary of $23,660 and have specific job responsibilities. Under the proposed rules,… Read More »
How Does the Patient Protection and Affordable Care Act Affect Your Tax-Exempt Organization?
When the Affordable Care Act (ACA) was enacted in 2010, it fundamentally altered the health insurance landscape in the U.S. Although the ACA become law five years ago, it still has not been fully implemented. Instead, the federal agencies tasked with implementing the law, namely, the Department of Health and Human Services, the Internal… Read More »
Responsibilities of Non-Profit Board Members
In one of our recent newsletter articles, we highlighted some legal potholes that could harm your non-profit organization and how you can alert your board of directors to these risks. This article turns the lens inward and addresses the risks to board members, if duties are not performed properly. The board of a non-profit… Read More »
Do’s and Don’ts of Effective and Legal Use of For-Profits with Non-Profits
Increasingly, it has become common practice for churches and non-profits to combine their ministry with a related for-profit endeavor. Whether it’s a coffee shop or a manufacturing enterprise, non-profits can often be seen involving themselves in successful and profitable businesses. Because of the significant differences between for-profit and non-profit activities and structures, an unwary… Read More »
“Top Ten Legal Hotspots” for Lawyers Serving on Boards for Churches and Non-Profits
If you are “THE lawyer” on a church or non-profit Board of Directors, then you’re familiar with the unwarranted expectation that, despite your actual area of legal expertise, all potential legal liabilities are now covered by your presence. However, you also know that this is tantamount to expecting that a talented orthopedic surgeon can… Read More »
What’s In A Name?: Non-Profit Branding And Trademarks
“What’s in a name? A rose by any other name would smell as sweet….” (Romeo and Juliet, Act II, Scene II). Although I cannot disagree with Shakespeare’s words when it comes to affairs of the heart, a name means everything concerning the favor and reputation of a church or non-profit. Protect your “rose” by… Read More »
Four Considerations for Managing Your Non-Profit Board
The non-profit attorneys from Simms Showers discuss the management of a non-profit or a church and its board. Serving as the chairman of a non-profit or church organization can be a truly rewarding experience; however, every leadership position comes with its own fair share of difficulties. One of the most labor-intensive responsibilities is managing… Read More »
