Category Archives: Nonprofit Law
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 »
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 »
Legal Audit Checklist for 2015
Numerous laws governing non-profit activities, management, and internal policies make non-profit corporation law a legal minefield. Setting off any one of these metaphorical mines can have catastrophic effects on the viability and legitimacy of your non-profit organization. Legal audits are invaluable tools which can be utilized to manage risk and ensure legal compliance with… Read More »
Why Non-Profits Should Regularly Assess Risk
Did you know that your organization may be at risk? Organizations face a myriad of unexpected situations that can either promote their success or leave them vulnerable. Non-profit organizations are no exception and should employ risk management strategies to judge the likelihood, severity and effects of potential liabilities. If your organization would like to… Read More »
End of Year Donations: The Gift that Keeps on Giving?
Although the holidays are a time of rest for most, churches and non-profits often kick into over-drive during this season. The last two months of the year are prime times to connect with donors and potential donors who only have until December 31st to give away money and claim a tax deduction. As your… 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 »
The Benefits of a Registered Agent
A corporate entity of any kind is what the law refers to as a “legal fiction.” It technically does not exist, at least not on its own. It is a fiction; a story that must be told and re-told. When the story stops being told, the corporation becomes a pretense and all the things… 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 »