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Category Archives: Nonprofit Law

Immigration Changes for Nonprofits and Churches

By Simms Showers LLP |

  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 »

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Nonprofit and Church Alert: Court Stalls New FLSA Rule

By Simms Showers LLP |

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 »

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Unrelated Business Income Tax Primer for Nonprofits

By Simms Showers LLP |

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 »

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Radical Changes Coming to Salary & Overtime Regulations in 2016

By Simms Showers LLP |

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 »

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BREAKING LEGAL NEWS: Hobby Lobby and What It Means for Churches and Nonprofits

By Simms Showers LLP |

The Supreme Court recently delivered a decisive, though limited, victory for religious liberty in its decision in Burwell v. Hobby Lobby Stores, Inc. In a 5-4 decision, the Supreme Court held that the Department of Health and Human Services’ (HHS) contraceptive mandate violates the Religious Freedom Restoration Act (RFRA), a statute that was passed… Read More »

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Responsibilities of Non-Profit Board Members

By Simms Showers LLP |

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 »

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Granting Money from a U.S. Charity or Church to a Foreign Individual or NGO: Substantial Risks and Best Practices

By Simms Showers LLP |

Many times, conducting charitable work necessitates broadening an organization’s reach, which often in turn requires working outside of the United States. Unfortunately, while these endeavors are exciting, they are complicated and risky for the churches and nonprofit organizations who are involved. Of the many types of risks involved, one of the primary areas involves… Read More »

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How Does the Patient Protection and Affordable Care Act Affect Your Tax-Exempt Organization?

By Simms Showers LLP |

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 »

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The Affordable Care Act’s Employer Mandate & How It Impacts Nonprofits and Small Businesses

By Simms Showers LLP |

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 »

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“Top Ten Legal Hotspots” for Lawyers Serving on Boards for Churches and Non-Profits

By Simms Showers LLP |

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 »

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