Newest CA Sexual Harassment Laws

The annual schedule of the California Legislature is packed into a tight 8-9 months of activity with a frenzied rush in the final month. Now in his final year as governor, Democrat Jerry Brown doesn’t necessarily sign into law each and every measure passed by the overwhelming blue Senate and Assembly.   Recently, in New CA Legislature Action Affecting Nonprofits, we highlighted two of the new laws: (1) AB 2252, Read More

Scandal Erupts at Silicon Valley Community Foundation

In just over ten years, a new community foundation in Silicon Valley - the result of a merger of two existing organizations - grew into one of the nation’s philanthropic powerhouses. With assets totaling $13.5 billion by February 2018, the Silicon Valley Community Foundation became not only the largest community foundation in the United States but also vaulted ahead of venerable philanthropies like the Ford and Read More

CA Sexual Harassment Training Mandates

The explosion of sexual harassment allegations and verified charges in recent weeks and months has brought this urgent topic to public attention in a way that makes us all eager for action to combat it. It’s a problem that must be attacked in a variety of ways: prevention, education, transparency efforts, exposure, and punishment.  But probably few people outside law firms and human resources departments of large Read More

California Employers in a Post Dynamex World

A recent California Supreme Court ruling has the potential to significantly impact all California employers, including nonprofit organizations. Appropriately classifying workers as either employees or as independent contractors has never been easy.  We've written about it in the past. Nonprofits and start up businesses are often tempted to simply pay those who provide services for the organization as independent Read More

Food, Faith, and Fair Labor Standards

On the spectrum of the relative excitement of various types of litigation, an employment law, wage-and-hour, case barely registers. Occasionally, though, one of them is a big deal because of the unusual circumstances - or characters - involved. Three decades ago, in 1985, the United States Supreme Court grappled with a Fair Labor Standards Act (FLSA) lawsuit brought by a colorful cult leader named Tony Alamo. The Read More

Another Reminder to Pay Withholding Taxes

The year 2017 will not go down in the record books as a quiet or uneventful one, and while everyone's attention seems to be on the newly proposed tax plans released by the House and the Senate, nonprofits need to  remember the taxing requirements currently in place. For the philanthropy community, the new political reality poses enormous possible challenges, particularly for 501(c)(3)s which have, in the past, safely Read More

Can A Nonprofit Pay Their Workers Less Than Minimum Wage?

In a quiet corner in rural Maine, disabled workers employed by a nonprofit called Skills, Inc. spend their days “sorting items for its thrift store, cleaning area businesses, and packaging candle wicks and other goods.” The workers’ pay is “based on their determined productivity level, regardless of the state’s minimum wage.” Some earn as little as $2 to $3 an hour. This organization -- offers residential and day Read More

Time for Nonprofits to Advocate for Themselves

From time to time, nonprofits and their advisors are invited to comment on proposed new regulations and rules proposed by government agencies. Currently, there is an important “public comment” period that should be of interest to nonprofits along with other employers nationwide; that is, the final regulations issued in May 2016 that make substantial changes in eligibility for overtime pay.  Specifically, these Read More

Charities in the Courtroom, Pt. 13: Creative Differences

Aspen Film, founded in 1979, is a “year-round film arts and education organization.” Appealing to “both the serious cinephile and casual movie lover,” the nonprofit group “organizes a major movie event in every season, offers an extensive education program, and hosts numerous special presentations. Each year, some 30,000 people participate.” It's a membership organization with a 10-member board of trustees and an Read More

Overtime Rules Changes: More News

A little over a year ago, the Obama Administration Department of Labor announced a huge pay raise for millions of American workers - just in time for the 2016 holiday season. This gift came in the form of final overtime regulations, set to take effect on December 1, 2016. Under the new formula, the number of employees eligible to receive time-and-a-half when they have to work long hours would greatly increase. Some Read More