Now more than ever, nonprofits and their boards must guard against unwanted, negative legal exposure. This article discusses some of the top legal risks facing nonprofit boards, as well as practical tips for addressing these risks...
Jamie Ray-Leonetti
A recent case in the Third Circuit expands the scope of potential age discrimination claims where younger workers replace older workers, even when the replacement workers are over 40 years of age. The Age Discrimination in Employment Act prohibits age discrimination against people who are 40 years of age or older...
The Federal Family and Medical Leave Act provides qualified employees of both nonprofit and for-profit companies up to 12 weeks of unpaid leave per year to deal with a “serious health condition” or to care for certain family members with a “serious health condition.” In most instances during a period of FMLA qualified leave, an employee’s job is protected and their employment cannot be terminated...
Social media can be a great tool to promote social change. Nonprofits are taking advantage of such tools to advance their mission. However, social media can pose some risks if not used properly. You should develop a policy that employees can use when making decisions about posting on social media...
It has been months since the changing of the guard in the Oval Office. It seems that every day has been filled with some potential legal blow for those of us in the nonprofit world...
It’s no surprise that many nonprofits turn to the Internet to meet fundraising goals and connect with potential donors. But, does using the Internet for fundraising pose any legal issues? For example, if you have a nonprofit in Pennsylvania, but your online fundraising post reaches a donor in California, is your nonprofit now conducting business in California?...
The Workforce Innovation and Opportunity Act (WIOA) is a federal law signed July 22, 2014. It is intended to help job seekers access employment, education, training and support services to succeed in competitive and integrated employment...
We previously took a look at six legal situations nonprofit leaders regularly encounter, so now we’re looking at six more. As we continue to explore the many legal questions nonprofit organizations face on a daily basis, keep in mind...
We take a moment to explore the many legal questions nonprofit organizations face on a daily basis. Just as nonprofits themselves are diverse and cover many topics, so too are the legal issues they face—employment law, tax questions and queries straight out of Business Law 101...
New federal overtime rules take effect Dec. 1, 2016, and compliance with these rules is mandatory for for-profit and nonprofit employers alike. Among other things, the rules mandate that full-time, salaried employees who are paid less than $47,476 per year must now be paid overtime. This can certainly place financial stress on nonprofits already staring down general funding cuts or those whose fiscal-year budgets already are in place...
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As an attorney and advocate for people with disabilities, I often hear questions like these: “If I return to work, I could lose my Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits. So, what happens if I find out that working is more than I bargained for? Can I return to my benefits? If so, how difficult is that?”...
Severance pay should be considered whenever an employee is laid off, is terminated with or without cause, or resigns from employment. Termination can result from a variety of circumstances, some of which may involve contentious people or situations, and difficult issues. Thus, severance pay may be a good risk-management tool for avoiding potential litigation, adverse publicity and other claims against a nonprofit employer...
Part of good succession planning for your nonprofit should include the following question: What should we do if a longtime CEO is planning to leave? An exit agreement may be a good answer for your organization. There generally are four reasons nonprofit boards explore an exit agreement. These reasons correspond to the type or focus of the agreement...
Title I of the Americans with Disabilities Act (ADA) as amended prohibits employment discrimination by all employers— including local government employers—with 15 or more employees. The following sections—the application, the interview and landing the job—will provide you with information about the details of Title I and how it may apply to hiring practices at your organization or agency...
Building your nonprofit’s board of directors can be challenging for a variety of reasons. First, board members are volunteers, yet much is expected of them. Second, board members have a great deal of responsibility, and not everyone you approach about the role may be up for all that’s involved in being an active, contributing board member. Third, a good board takes time to develop and may require a lengthy search process...
