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Publications
Please note: These
publications are provided for informational purposes only, without any
representation that they are accurate or complete. These publications
do not constitute legal advice and should not be construed as such.
These publications do not create an attorney-client relationship between
the reader and any other person, nor are they an offer to create such a
relationship. These publications are current as of the date written,
but laws change over time and vary from state to state. As a result,
the information presented here may not be timely and/or appropriate for
any state not specifically addressed in a publication. Consult an
attorney if you have questions regarding the content of any
publication.
Click on a topic or scroll down to find
publications relating to:
Background Checking
Corporate Governance
Employment Law
Fiscal Sponsorship
Intellectual Property Issues
Lobbying and Advocacy
Privacy, Identity Theft, and Confidentiality
Issues
Real Estate
Risk Management, Liability and Insurance
Tax,
Fundraising,
and Registration
Background Checking
Criminal History Record Background Checking:
Step-by-Step Guide for New Jersey Nonprofit
Youth Serving Organizations
Pro Bono
Partnership
(updated October 2009)
This article
describes the procedures that youth serving charities in New Jersey may
follow to obtain criminal history background information on employees
and volunteers.
Criminal History Checks
Nonprofit Risk Management Center
A helpful article on criminal history background checking as one factor
in the screening process. This article was prepared by the Nonprofit Risk
Management Center.
New Jersey Imposes Criminal Penalties on Those Who
Permit Sex Offenders to Work in Youth Serving Organizations
October 2009
In New Jersey, it is
unlawful for a sex offender to serve, in a paid or unpaid capacity, in a
nonprofit or for-profit youth serving organization. A person who
knowingly hires, engages, or appoints a sex offender to serve in a youth
serving organization may be found guilty of a crime and subject to fines
and/or imprisonment. This article summarizes the key points of the
law.
Corporate Governance
The
Sarbanes Oxley Act and Implications for Nonprofit Organizations
Boardsource and the Independent Sector
(copyright 2003, revised 2006)
Responsibilities
and Duties of A Director of a Nonprofit Organization
Lisa Runquist, Esq. (copyright 2009)
The
Independent Sector's Sample Code of Ethics
(copyright 2009)
Employment Law
A Nonprofit’s
Guide to OSHA
David
Diamond, Esq. and Steven Seidenfeld, Esq., of Proskauer Rose LLP.
(February 2010)
This
Guide provides an overview of health and safety regulations that
generally apply to nonprofit organizations. It includes practical
suggestions for conducting a self-assessment of an organization’s health
and safety practices, a discussion of the OSHA inspection process, and
guidance with respect to responding to pandemic influenza events.
Checklist
for a Reduction in Force in Troubled Times
Timothy D. Speedy, Esq. and
Nancy J. Arencibia, Esq., of Jackson Lewis LLP (February 2009)
This article provides a
general outline of issues to consider before implementing a reduction in
force.
Conducting an Employee Termination Meeting
Pro Bono Partnership
(June 2009)
This article provides
some practical tips for conducting an employee termination meeting.
Best Practices for Compensation Audits
Proskauer Rose LLP (April
2009) (posted with permission)
This
article overviews what an audit of an organization’s compensation
practices involves and how such an audit can reduce an organization’s
exposure to claims from employees that their pay has been negatively
impacted by illegal discrimination.
Employment
Law Guide for Non-Profit Organizations
Leonard D. Andrew, Esq., Richard
S. Hobish, Esq., Editors
This manual has been prepared
for leaders of not-for-profit organizations and their advisors who are not expert in
employment law. It should provide useful guidance in the preparation of
human resource policies, and employee and supervisory manuals or
handbooks.
General Overview of Internal Revenue Service and U.S. Department of
Labor Regulations Governing 403(b) Pension Programs
Elise B. Jaffe, Esq. and Jonathan F.
Lewis, Esq., of Debevoise & Plimpton LLP (January 2009)
This article provides an introductory primer
on some of the regulations issued by the Internal Revenue Service (IRS)
and the U.S. Department of Labor (DOL) in 2007 and 2008 pertaining to
the operation of Section 403(b) Pension Programs. This article also
briefly explains how a Section 403(b) Program can be exempt from ERISA
and some basic difference between Section 403(b) Programs and Section
401(k) Plans.
Minimum Wage and Overtime Requirements for Employers of Home Care
Companions
Pro Bono Partnership (October 2008)
This
article explains that while home care companions are exempt from the
minimum wage and overtime requirements of federal and Connecticut
wage-hour laws, these workers are entitled to at least the minimum wage
and overtime under the wage-hour laws in New Jersey and New York.
Internal Investigation Checklist
Nancy J. Arencibia, Esq. and Kristin A. LaRosa, Esq. of Jackson
Lewis LLP
(February 2009)
This article provides an extensive, though
not exhaustive, overview of the steps to be taken during an internal
investigation, and includes sample questions.
Understanding Affirmative Action Plan and Government Reporting
Obligations Applicable to Federal Government Contractors and
Sub-contractors
Matthew J. Camardella, Esq. and Eric J. Felsberg,
Esq., of Jackson, Lewis LLP - (April 2009)
This article explains the affirmative
action plan and reporting requirements (EEO-1 and VETS 100/100A Reports)
that are applicable to employers that are federal contractors and
sub-contractors, as required by federal Executive Order 11246, Section
503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans
Readjustment Assistance Act of 1974.
Using Shared Work Plans as an Alternative to
Layoffs
(Sept. 2009)
This
article briefly discusses shared work programs, available in Connecticut
and New York. Rather than conducting a layoff, an employer may
implement a shared work plan in which overall employee hours are reduced
and lost wages are supplemented by partial unemployment insurance.
Social Media Policies: What They Are and Why
Your Organization Should Have One
(January 2010)
Millions of people regularly access and post on social media
websites like Facebook. Unfortunately, an employee's inappropriate
use of social media can create significant problems for a nonprofit
employer organization. The Partnership recommends that nonprofit
employers consider adopting a social media policy, which provides
guidelines to your employees for the appropriate use of social
media.
COBRA Subsidy Program
(April 2010)
The article
briefly overviews the 65% federal subsidy for the cost of COBRA
continuation coverage for involuntarily terminated employees. The
article reflects the April 15, 2010 statutory revisions to the
Program.
Influenza
Preparedness – Tips for Employers
Nixon Peabody LLP
(2009) (posted with permission)
The
following three articles provide nonprofits with general guidance on
crafting a written workplace communicable illness response program in
advance of an influenza outbreak.
Swine
Flu
In The Workplace: An Update and Proactive Response
The
Latest Guidance for Employers for Flu Season: The CDC Sees Employers on
the “Front Lines” of Potential Outbreak
The EEOC’s New Guidance on Pandemic Preparedness In The Workplace and
the Americans with Disabilities Act
NOTE: For additional articles
related to Employment Law, see these other subject areas:
Background Checking;
Corporate Governance Series for Nonprofits
Privacy and Confidentiality
Rules
Fiscal
Sponsorship
Fiscal Sponsorships: What You
Need to Know about Using or Serving as a Fiscal Sponsor
Pro Bono Partnership (updated 2009)
If
you are considering serving as a fiscal sponsor, or would like to use a
fiscal sponsor for fundraising, this is an important resource.
Intellectual Property
Issues
Frequently Asked Questions About Trademarks and
Service Marks for Nonprofit Organizations
Vanessa A. Ignacio, Esq. and Sue Nam, Esq.
(November 2009)
This article
describes how trademarks and service marks can protect a nonprofit
organization's right to use a particular name or logo. It also outlines
the process of applying for and maintaining trademark and service mark
registration.
The Pro Bono Partnership thanks Vanessa A. Ignacio, Senior Counsel,
Lowenstein Sandler PC, and Sue Nam, Esq., for their volunteer work on
this article.
Auditing the Non-Profit
Website
Geoffrey G. Gussis, Esq. (copyright
2002)Why do
nonprofits need to have their website reviewed by a lawyer? Geoffrey
Gussis, Esq., of Riker Danzig LLP, provides
answers to this question and important advice to any nonprofit that hosts
a website.
Lobbying and Advocacy
Lobbying, Advocacy and the Law for Nonprofits:
The tax law provides for considerable opportunities for a 501(c)(3)
organization to lobby.
Click here for a quick
tutorial on the federal lobbying law.
Election-related Activities for 501(c)(3) organizations:
What activities may a 501(c)(3) engage in during an election? What’s
prohibited?
Click here
for a quick tutorial on the dos and don'ts of
election-related activities.
Privacy, Identity Theft, and Confidentiality Issues
The Red Flags Rule
The Red Flags Rule
requires certain organizations, which may include nonprofit
organizations, to implement a written identity theft prevention
program designed to detect the warning signs of identity theft in
their operations, to take steps to prevent the crime, and to
mitigate the damages it inflicts. Although the Rule was first
issued in January 2008, the Federal Trade Commission recently
announced that it was extending its compliance deadline to June 1,
2010, and the ultimate application of the Red Flags Rule is
currently unclear.
Can I Disclose This Information? Complying with Confidentiality &
Disclosure Requirements
Reprinted with permission, CAPLAW June 2008
This article, by Anita Lichtblau,
Esq., and
reprinted with permission from Community Action Program Legal Services,
Inc., summarizes basic legal issues faced by all nonprofits when
confronting privacy and confidentiality issues.
HIPAA Primer for
Nonprofit Social Services Agencies
Beth L. Rubin,
Esq., of Dechert LLP, with editorial review by Lee Braem, Esq., of
Evonik Degussa Corporation. Drafting assistance was provided by Steven
Espenshade, June Huang, and Allyson Pete Levy, Dechert Summer
Associates. (September 2009)
This Primer provides
an overview of most of the federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) privacy and security requirements.
Primer on Selected Federal, Connecticut, New
Jersey and New York Privacy, Identity Theft and Information Security
Laws Relevant to Charitable and Other Nonprofit Organizations
Christopher D. Carlson, Esq., Owen Foster, Esq., Sonia Kothari, Esq.,
Blair McKechnie, Esq., Evan S. Posner, Esq., and Jeffrey W. Brennan,
Esq., of Dechert LLP. (Revised June 2010)
This Primer provides a summary of significant statutes and regulations
in the area of privacy, identity theft, and information security. It
includes practical suggestions for conducting a privacy and security
audit, and preparing a privacy and security policy.
Real Estate
Issues and Concerns for a
Nonprofit Organization When Negotiating a Commercial Lease
Stephen D. Millas, Esq. and Cristina Coronado, Esq.
(September 2009)
This article identifies and addresses the primary areas of concern for
nonprofits when negotiating a commercial lease, either as a landlord or a
tenant.
The Pro Bono Partnership wishes to thank Stephen D. Millas, Esq.
and Cristina Coronado, Esq. of
Orrick
Herrington and Sutcliffe, LLP for providing this helpful article.
Risk
Management, Liability and Insurance
State
Liability Laws for Charitable Organizations and Volunteers - 4th Edition
Nonprofit Risk Management Center
Good Samaritan Laws. Volunteer Protection. Volunteer Immunity.
Liability Limitation. Shield Laws. Charitable Immunity. These terms, which
have significant, as well as subtle distinctions, have been used to
describe laws that protect people and organizations in the nonprofit
sector from claims, lawsuits and allegations of wrongdoing. Beginning
with an overview of the liability environment, this fourth edition of
State Liability Laws for Charitable Organizations and Volunteers
provides a state-by-state review of the evolving landscape of charitable
immunity and volunteer protection laws.
The Pro Bono Partnership wishes to thank the
Nonprofit Risk
Management Center for their permission to post this publication.
Tax,
Fundraising, and Registration
Frequently Asked Questions about Tax and Filing
Considerations for Small Nonprofits
Many nonprofits have gross receipts (meaning income from donations
and/or membership dues) that total less than $5,000 annually. What
forms must these small nonprofits file under federal and state statutes
in order to be considered tax-exempt? What reporting obligations do
they have? What other tax issues should they consider? Pro Bono
Partnership answer your most frequently asked questions.
What Must a Tax-Exempt Organization Do To
Acknowledge Donations?
Pro Bono Partnership
(November 2009)
The ability to
accept tax-deductible donations is one of the most important features of
being a tax-exempt organization under Section 501(c)(3) of the Internal
Revenue Code. This article discusses the many IRS rules governing the
proper acknowledgment of tax-deductible donations by charitable
organizations.
Charitable Registration in New Jersey
Pro Bono
Partnership (updated May 2009)
This article provides guidance to charities on the New Jersey state law
that requires charities to register their fundraising activities with the
State Attorney General.
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