Category Archives: Nonprofit Law
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 »
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 »