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Legal Compliance for Out-of-State Remote Workers

Details: While state laws may be uniform in many respects, significant differences may exist such as with respect to how paid vacation days are treated, paid sick leave, and other state-specific benefits. Employees handbooks may otherwise warrant updating to provide for remote work arrangements, whether as an across-the-board policy or on a job-specific

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Q&A: Nonprofit Bylaws Wagenmaker & Oberly, LLC

Details: Most state laws additionally impose minimum notice requirements, such as at least 20 days’ notice for a nonprofit merger in Illinois (accompanied by a proposed plan of merger or summary thereof). Fourth, bylaws should reflect best practices for nonprofit organizations.

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Conscientious Objections to COVID-19 Vaccine Mandates

Details: Many laws preserve only the right of conscience for medical practitioners, health care institutions, or healthcare providers to refuse to provide abortions. Others go so far as to permit medical practitioners to refuse participation in or payment for medical procedures or prescriptions for medication to which the practitioner objects on the

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Multi-State Employees’ Paid Leave Compliance Wagenmaker

Details: To accommodate multi-state employment law requirements, employers should review vacation and sick leave policies to check for legal compliance with all applicable laws for an organization’s workers. Adjust as needed. In addition, nonprofits may wish to implement one or …

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Nonprofit Fundraising Wagenmaker & Oberly

Details: State charitable solicitation laws regulate when and how a nonprofit fundraises. Since state laws vary, compliance can be challenging. We support clients’ fundraising operations by facilitating compliance in all jurisdictions. Charitable solicitation registrations, reporting, and disclosure

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Clergy as Mandated Reporters, Without Exception

Details: Many state mandated reporter laws include clergypersons in their lists of individuals required to make reports of child abuse to child protective services agencies. Ministers, rabbis, imams, and other religious leaders may be legally obligated to report situations in which they reasonably suspect that a …

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Multi-Site Nonprofit Employers and Unemployment Coverage

Details: As explained in our law firm’s prior blog article, nonprofit employers enjoy special privileges under unemployment laws. For example, nonprofit employers are “covered” by such laws only if they have at least four employees during at least 20 weeks of a calendar year. (Note that churches and other religious institutions are categorically exempt.)

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Nonprofits and Online Website Privacy Wagenmaker

Details: Most nonprofit organizations have websites. The websites typically collect personal information about visitors, whether intentionally or unintentionally. State, federal, and international laws govern the storage, handling, and transmission of personal information that is collected through websites. How should nonprofit organizations responsibly handle this website data? The laws are complex

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Sales Tax Liability for Nonprofit Sales Wagenmaker

Details: Evaluating sales tax obligations under other state laws is critical for any nonprofit physically operating in more than one state and engaging in sales tax activities (whether online or otherwise). Nonprofit exemptions from sales tax laws generally can be divided into the following three categories: (a) a small number of states with broad

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Giving Globally: Equivalency Determinations …

Details: International philanthropy is heartily encouraged under US tax laws, which generously allow section 501(c)(3) nonprofits to financially support other organizations and projects operating entirely outside the United States. But foreign grantmaking rules for 501(c)(3) organizations differ depending on whether an organization is a public charity, a private foundation, or a sponsoring organization

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Transgender Access Policies for Nonprofits: Legal

Details: One threshold question in evaluating a nonprofit’s legal requirements is to determine whether the organization is a “public accommodation” and therefore subject to state or local anti-discrimination laws that cover gender identity. State and local laws defining the term “public accommodation” are generally quite expansive in scope.

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What's in a Nonprofit Name

Details: Trademark laws empower an organization to hold the exclusive right to use a name to identify specific services or goods, and prevent others from using confusing similarities. In some cases, founders may not have any interest in securing trademark protection.

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Iowa Law Threatens Churches, Through Definition as “Public

Details: The laws further violate the church’s First Amendment rights of expressive association and right of assembly – to gather with others for communal prayer, worship, fellowship, discussion, mutual encouragement, and other religious purposes – with no compelling government interest served by …

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Unemployment Taxes for Nonprofits Wagenmaker & Oberly, LLC

Details: Nonprofit organizations enjoy special privileges under unemployment laws. What are the privileges, and how can they benefit your organization? For most nonprofits, the following rules apply: (a) only state law unemployment taxes are owed, not federal; (b) smaller may be better; and (c) self-insurance may provide cost savings (but not always!). Additional tax considerations apply for covered

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Mandated Reporter Essentials Wagenmaker & Oberly, LLC

Details: Compliance with ANCRA and other similar laws safeguards the interests of children who are often the focus of the nonprofit’s charitable, educational, or religious work. Accordingly, nonprofits serving children should establish mandatory reporting policies that, …

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Nonprofit Employment Law Wagenmaker & Oberly

Details: Employment. Clients rely on our firm to work through the myriad employment issues that arise in the daily operations of a nonprofit. We enable nonprofits to maximize their workers’ contributions and minimize potential legal exposure for liability. Hiring, discipline, termination, and …

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State Sales Tax Liability in Wayfair’s Wake Wagenmaker

Details: Selling Across State Laws – Physically and Virtually. The question for our modern, online times is whether the location of the sales transaction makes any difference. In other words, do sellers owe sales tax liability for only sales made physically within their state (and …

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FAQs: IRS Requirements for School Nondiscrimination

Details: Under this IRS guidance, prohibited racial discrimination includes discrimination on the basis of race, color, national, or ethnic origin. Private schools may address other protected classes in a comprehensive nondiscrimination policy, based on other federal, state, or local anti-discrimination laws.

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Fiduciary Duties the Duty of Loyalty Wearing the Right Hat

Details: In general, state and federal laws permit directors to engage in transactions that involve conflicts of interest, under three conditions: (1) all directors are aware of the situation; (2) the interested director does not participate in the decision to engage in the transaction; and (3) …

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Section 501(c)(2) Tax-Exempt Title Holding Corporations

Details: · limitations imposed by various state laws on organizations that would be recognized as exempt under the federal revenue laws. See 1986 EO CPE Text, C. IRC 501(c)(2) - Title-Holding Corporations at 2, “Background.” A further advantage of a (c)(2) is that only its net income may be available to creditors.

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Robert’s Rules: Keeping Good Order and Other Key Nonprofit

Details: Blanket adoptions may also result in negative legal implications, as a number of the sections of Robert’s Rules are superseded by or in conflict with state laws regarding corporate governance. 2. Do use Robert’s Rules for addressing matters of business. The core of Robert’s Rules is the six-step process for handling business.

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Illinois Department of Revenue Revisits “Religious

Details: Under Illinois law and many other state laws, nonprofits may obtain exemption from both local property taxes and retail sales taxes. Such exemptions often provide valuable economic benefits. For these exemptions in Illinois, nonprofits generally must be Section 501(c)(3) tax-exempt organizations and additionally show that they fit into one of

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Paid Sick Leave Trending

Details: Paid sick leave laws are steadily gaining traction among states and local municipalities across the United States. The legislation is popular for employees but poses new challenges for employers now required to comply with a patchwork of diverse legal requirements. This summer, Chicago became the latest city to join the trend, enacting a new sick-leave law effective July 1, 2017. Here’s what

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When Volunteer Leadership Goes Bad: Personal Liability

Details: Can nonprofit volunteer leaders ever be held personally liable in relation to their work for an organization? Unfortunately, the answer is emphatically yes. Most state nonprofit laws protect directors and officers from personal liability for acts performed in such volunteer capacities, but significant limitations exist. Leaders need to be attentive to applicable legal requirements, to govern

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Illinois Mandated Reporter Changes: Clergy, Child Care

Details: On January 1, 2020, significant changes to the Illinois mandated reporter law will take effect for addressing child abuse and neglect issues. These changes are particularly important for all persons who care for children, such as in houses of worship, schools, and social service organizations. New training requirements apply for all mandated reporters, with clarification that all child care

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The IRS Comes to Church: The Rowe Clergy Tax Investigation

Details: As the Christian scriptures put it: Christians are to “be subject to the governing authorities, for there is no authority except that which God has established.” (Romans 13:1) Religious groups need to comply with applicable payroll requirements and other laws, including tax laws, albeit subject to their leaders’ governing consciences. 2.

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Getting Started: Factoring State Nonprofit Law into

Details: Note too that state laws generally allow for as many directors as the organization may wish, although Illinois law requires that bylaws provide a prescribed range of five (e.g., 3 to 8, 4 to 9, or 5 to 10).

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Nonprofits and Interns: The More Things Change, the More

Details: The U.S. Department of Labor recently issued update Fact Sheet #71, clarifying that the key test for whether unpaid interns are owed overtime and minimum wage under the Federal Labor Standards Act is the “primary beneficiary” determination – i.e., whether the worker or the business benefits more. By its own terms, Fact Sheet #71 continues to apply only to for-profit businesses, albeit

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Sixth Circuit Bucks Trend, Refuses to Overturn State Same

Details: Against the recent trend in federal circuit courts, the Sixth Circuit has refused to hold state laws supporting the traditional definition of marriage unconstitutional, largely on states’ rights, non-religious grounds. Last month, in a 2-1 decision, the Sixth Circuit reversed decisions of four district courts that struck down such state laws.

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Religious Schools as “Public Accommodations

Details: When is a private religious college a “public accommodation,” and therefore subject to state anti-discrimination laws requiring access? According to a Pennsylvania ruling this year, religious nonprofits should not presume upon any categorical deference by the government in answering this question, based merely on the organizations’ self-identified religious affiliation. Instead, they

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Nonprofit Board Accountability: A Brief Comparison with

Details: Notably, the Illinois Not-for-Profit Corporation Act and many other state nonprofit corporation laws are structurally quite similar to state for-profit corporation laws. Both acts provide for formation, corporate powers, limited liability due to corporate structure, directors, officers, merger, dissolution, and annual reports.

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Nonprofit Cybersecurity: Donors, Data, and WISPs

Details: As a custodian, the nonprofit is subject to various federal and state laws that impose obligations on the nonprofit’s handling of information. A. State Laws. The Internet’s global nature blurs jurisdictional lines when it comes to the laws governing the online processing of information.

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When is a “religious” organization religious enough for

Details: State unemployment insurance laws generally provide an exemption for certain religious organizations. Illinois is typical, providing exemption for churches, other religious institutions, denominations or similar associations and church-controlled schools. 820 ILCS 405/211.3.

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“Ministerial Exception” Upheld in Campus Ministry Context

Details: 4. The exception applies to state discrimination laws. Some states have specifically recognized the ministerial exception, but others have not. In Conlon, the plaintiff asserted state-based discrimination claims along with federal claims. The Sixth Circuit held that the state-based claims were defeated by the federal First Amendment right.

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GDPR: A Brief Introduction for Nonprofits Wagenmaker

Details: Under GDPR, one of the biggest changes from prior data protection laws is a significant expansion in scope of what constitutes “personal data.” Under the new law, personal data now includes any information relating to an identifiable person who can be directly or indirectly identified particularly by reference to an identifier, which may

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Religious Liberty After Obergefell v. Hodges Wagenmaker

Details: In particular, the ruling portends new court battles between their constitutional religious liberty interests and developing laws that provide increasing sexual orientation and gender identity (“SOGI”) protection in areas such as employment, education, facility usage, and housing.

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Year-End Deadline for Illinois Sexual Harassment Training

Details: Employer alert: If you run a nonprofit or business of any size, make sure to comply with new anti-harassment training requirements by year-end 2020. Just over a year ago, this new requirement was signed into law, as an amendment to the Illinois Human Rights Act. All Illinois employers of any size must now provide annual sexual harassment prevention training and maintain related records

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Resolved! Best Practices for Board Resolutions

Details: Using Written Consents (Without a Meeting) Under most state laws, nonprofit board may approve a resolution through written consent, without holding a board meeting. In Illinois and South Carolina, these actions require the unanimous agreement of the directors. In other states, the statute is more flexible.

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