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Legal Workshop Descriptions
Employment Law Seminars
Employee Evaluations and Terminations
This workshop will describe the ways in which a nonprofit employer should
evaluate and provide feedback to its employees, including progressive discipline
procedures. The workshop will also discuss the careful analysis that must
be used if a nonprofit needs to terminate an employee for any reason, and the
steps to use in implementing the termination.
Employment Law for Nonprofits
Sound employment practices are crucial for the
success of nonprofit organizations. This important workshop covers the basics
of employment law, including: hiring and firing, classifying workers as
employees/ independent contractors and exempt/nonexempt employees, harassment
policies, personnel policies, employee discipline issues, maintaining employee
records, state and federal laws affecting the employment relationship, and much
more.
Employment Manuals
Does your organization have
an employment manual? Should you have one? What policies and practices does it
address? Is it up to date? Do you follow the manual, and what are the
repercussions if you don’t do so? Can you have a manual and maintain an
"at-will" workplace? This workshop will discuss employee manuals in detail.
The Art of Hiring and Firing
What are the "do's and don'ts" of hiring and
firing paid and volunteer staff? What questions can you ask a prospective
employee? What kinds of background checks can you perform? What is the best way
to handle the termination meeting? Can you, or should you, give a reference for
former employees? This seminar will address these and other questions related to
hiring and terminating.
Harassment Policies
Does your organization have
a harassment policy? Does it cover sexual, religious, racial and other forms of
harassment? When and how do you investigate a claim of harassment? What
harassment training should paid and volunteer staff receive? This workshop will
address harassment issues in the workplace and how to protect against a claim of
harassment.
Classifying Employees:
Employee/Independent Contractor Issues and Exempt/Non-Exempt Issues
Are your workers independent
contractors or employees? What are the pitfalls of misclassification? This
workshop will discuss the factors to be considered in determining this status,
as well as a discussion of how to properly classify employees as exempt or
non-exempt, and the consequences of these classifications.
Managing Employee Leaves
Integrating the FMLA, ADA, Workers’ Compensation and
Company Leave Policies Does your organization understand the Family and Medical
Leave Act and the NJ Family Leave Act? Do you have employees who have applied
for Workers' Compensation benefits? Do you know how to deal with employees
reporting disabilities? This workshop will address the relationship between FMLA,
NJFLA, Workers’ Compensation, the ADA and company policies.
Employee Discipline
Issues for Nonprofits
When employees are not performing at an expected level, you need to implement
sound strategies for encouraging them to demonstrate immediate and sustained
improvement in their conduct or performance, so that they remain a valuable
asset for your organization. This workshop will describe the benefits of
progressive employee discipline, provide practical suggestions, and address what
to do when progressive discipline fails.
Wage and Hours Issues for
Nonprofit Employers
Does your
organization need guidance in determining how employees should be classified?
Do you sometime struggle with issues of how and when your organization is
required to pay overtime? This workshop will discuss the factors to be
considered in determining how to properly classify employees as exempt or
non-exempt, and the consequences of these classifications. The workshop also
will discuss overtime issues and allowable wage deductions.
Religion in the Workplace
Requests for religious accommodation at the workplace are rising.
Claims of discrimination based on religion are also rising. Managers and
supervisors need to understand how to balance the various rights and obligations
of employers regarding religious practices, observances and beliefs. This
workshop provides a clear overview of the legal framework; basic understanding
of way that the diverse religions we see in the United States may manifest at
the workplace; and guidance on how and when to reasonably accommodate those
expressions.
Risk Management in Hiring: Overview of Employment
Law and a Best Practices' Guide to Safe Hiring
Never hired an employee before? The task can be daunting at first.
This program will give you an overview of the basic things you need to do, and
the things you shouldn’t do, with special attention to discrimination and
privacy issues. Topics covered include: recruiting and interviewing candidates;
selecting the right person; doing background checks (arrest and criminal
records, reference and credit checks); drug testing; responding to reference
checks from other employers; using applications, offer letters, and job
descriptions; ensuring new hires complete required forms (e.g., W-4, I-9,
insurance enrollment); distributing notices you need to give new hires (e.g.,
COBRA, CEPA, FMLA, anti-harassment policy, and workplace posters); dealing with
the new Department of Homeland Security regulations regarding “no match” letters
and the “e-Verify” program; properly classifying a worker as an employee,
volunteer, or independent contractor; properly classifying an employee as exempt
or non-exempt; setting up the personnel file (including segregating confidential
information, such as medical records)
Harassment/Discrimination Issues in the Workplace:
The Basics & Recent Developments
Did you know that New Jersey law prohibits discrimination and
harassment against employees in at least 18 different categories, including
employees under the age of 40 and, as of July 2007, employees with varying
gender identities and expressions? Or that the EEOC recently began targeting
discrimination against “workers with care giving responsibilities”? Or that an
employer has an obligation to train its managers, employees, and volunteers
about the organization’s anti-discrimination/harassment policies? Or that
illegal harassment isn’t limited to just “sex”?
This workshop will review the protected categories,
the employment practices that are implicated, and the steps you can take to help
minimize the risk of losing an employment discrimination lawsuit (e.g., avoiding
improper questions during the hiring process; making employment decisions based
on objective, relevant business criteria; treating employees with respect; and
promptly investigating complaints of improper conduct).
The “Other Workers” Workshop
This workshop will review the unique rules applicable to non-traditional workers
– independent contractors, temp agency workers, volunteers, and interns. Topics
covered include properly classifying workers (the “ABC” test), potential
liability for these workers’ personal injuries and wrongful acts, and the risks
associated with compensating volunteers
.
Workforce Reduction and the Law
In these
uncertain economic times, Connecticut and New York nonprofit organizations may
have to make difficult staffing decisions. Topics covered in this workshop
include: Making and properly documenting the decision to reduce your workforce;
lawful considerations in making layoff decisions; analyzing your possible
exposure; severance pay considerations and alternatives to reductions in force (RIFs):
part-timing, furloughing, and reducing pay.
FMLA:
The Revised Regulations Webinar for Nonprofits
This workshop will discuss the revised federal Family and Medical Leave Act (FMLA)
regulations recently issued by the U.S. Department of Labor (DOL), effective
January 16, 2009. There are changes to the existing regulations as well as new
regulations addressing the new FMLA military leave provisions. Topics covered
will include: the revised definition of “serious health condition”; intermittent
leave; substitution of paid leave and enforcement of employer’s paid leave
policy; employer notice obligations and medical certifications; and family
member military leaves, including leave to care for service members and
“exigency” leave.
Corporate Law and Governance Seminars
Board
Members: Roles, Responsibilities, Liabilities and Protections
What are the roles, responsibilities and proper activities of
the board of directors of a nonprofit organization? What are the potential
liabilities of board members? What role should the board play in the day-to-day
operations of the organization? What legal protections exist for board members?
This workshop will address these and other topics relating to the legal and
fiduciary obligations of a board of directors.
Nonprofit Mergers and
Collaborations
Is your organization considering
merging, consolidating or collaborating with another organization? What's the
difference between a merger, an affiliation, and a joint venture? What are the
pros and cons of various forms of collaboration? What are the legal issues
involved, and what steps must be accomplished to formally collaborate? How might
the merged organizations operate in the future? This workshop will address
these, and other legal issues, that must be considered when an organization is
considering a merger or consolidation.
HIPAA and other Medical
and Employment Issues in the Nonprofit Workplace
This seminar provides an overview of
several important laws that effect nonprofit organizations: The Health
Insurance Portability and Accountability Act of 1996 (HIPAA): Discussion of
the basics of HIPAA, and an explanation of how to comply with key HIPAA
principles; The Family and Medical Leave Act (FMLA): Federal and state
requirements of the FMLA, and how to negotiate this sometimes complex set of
regulations, including which organizations and employees are affected, how much
leave must be given to covered employees, and what other benefits, if any, must
be offered; and The Americans with Disabilities Act (ADA) - This
complements the FMLA discussion and explains the federal and state ADA
requirements, including principles about what constitutes a "qualified
individual" under the ADA, when must an employer offer a "reasonable
accommodation," and what is considered "reasonable."
Insurance, Liability and Volunteer Seminars
Tough Times,
Tough Decisions
What steps can your organization take to
weather this current economic downturn? Are there ways to reduce costs
without significantly impacting your mission? Can employment arrangements
or existing contracts be changed? What about collaborations or mergers -
do they offer solutions? What do you need to consider as you decide
whether to persevere or possibly close the doors? Our panel of speakers -
attorneys with expertise in corporate workouts, employment and real estate law -
will cover these issues and others you need to consider as you weight your
organization's options for the future in these challenging times.
Risk
Management and Insurance Basics for Nonprofits
What risks does your organization face, and what protections should your
organization have in place to address risk? Do you have Directors & Officers
insurance? Liability insurance? Other policies? Do you know what your policies
say, and what they cover? This workshop discusses risks faced by nonprofits and
suggests strategies for addressing risk, including the role of insurance in
prudent risk management.
Legal Issues in Managing
Volunteers
What is a volunteer? Are your staff members volunteers or employees? What laws
apply and don’t apply to volunteers? Should you screen potential volunteers and
how? When and how can a nonprofit organization be held liable for the negligent
acts of its volunteers? Can your volunteers be sued? What procedures can reduce
the risk of liability to your volunteers? This workshop addresses these, and
other legal issues, related to volunteer program management.
The Volunteer Protection
Act and Other Protections for Volunteers
This workshop will discuss the federal Volunteer Protection Act, which affords
protections to nonprofit agency volunteers, including volunteer board members,
and other state-specific protections that reduce or guard against volunteer
liability.
Screening and Background
Checks
Can or should your organization conduct background checks on employees and
volunteers? Can your organization be held liable if you fail to run a background
check? Does your organization have volunteers or paid staff working with
children, the elderly or persons with disabilities? Learn about state and
Federal laws governing background checks, including the Federal Credit Reporting
Act and the Volunteers for Children Act.
Nonprofit Law Seminars
Legal
Checkup for Nonprofits
This important workshop is an overview of the key legal issues for nonprofit
organizations, including board roles and responsibilities proper state and
federal filing requirements, employment law, sound corporate governance,
political and lobbying activities, fundraising and revenue generating issues,
risk management, and much more.
Hot
Legal Topics for Nonprofits
This workshop will highlight current "hot topics" affecting charitable nonprofit
organizations. What is the effect of the federal Sarbanes-Oxley law for
nonprofits? In what ways should your nonprofit become more accountable and how
can you strengthen your governance techniques? This workshop will discuss these
and other current issues affecting the nonprofit sector, including conflicts of
interest, reporting and accountability to the public, financial and audit
committee oversight, fundraising and revenue generating activities, lobbying and
political activities, and more.
Legal
Issues of Fundraising and Revenue Generating Activities
Is your organization properly registered to conduct fundraising and
appropriately reporting the donations it receives to the IRS? Do solicitations
contain required disclosures? Are the proper acknowledgements being provided to
your donors? Are you generating income from a business venture? Do you owe taxes
on such income? Attend this workshop to protect your organization's tax-exempt
status and to ensure that your organization is operating within the legal
guidelines for nonprofit fundraising and revenue generating activities.
The “New” 990: What You Need To
Know
This workshop will highlight the substantial
changes made to Form 990 and its instructions by the Internal Revenue Service,
effective for fiscal years that end on or after December 31, 2008 (Tax Returns
filed in 2009). Topics covered include the new disclosure requirements relating
to income, expenses, compensation, and activities; procedural considerations in
completing the form; the role of senior management and the Board in preparing
and reviewing the form prior to filing; the written governance polices
recommended by the IRS; and the added costs of preparing the 990.
Identity and
Information Theft Issues for Nonprofits
Identity and information theft
is on the rise, and an issue for nonprofit organizations. How secure is your
organization’s information? Have you ever been the victim of information
theft? What safeguards does your organization have in place to protect your
client files, your financial information, and other sensitive information? This
important seminar will discuss the common types of privacy and security
breaches; review the relevant state and federal laws; outline how to identify
information theft risks in your organization; and help you develop an action
plan to minimize such risks.
Negotiating with the IRS
If the IRS comes calling, will your organization
be prepared? This workshop will review pitfalls in tax filings and practical
advice on negotiating with the IRS when liability is threatened or has been
assessed.
Lobbying and Political
Activities for Nonprofits
What political activities are prohibited for charitable organizations? Which are
permitted? Is your organization endorsing candidates, inadvertently or
otherwise? Does your organization engage in lobbying for specific legislation?
Do you encourage others to do so? How much lobbying are you allowed to do?
Come to this workshop to find out what a 501(c)(3) can and cannot do to
influence legislation and encourage constituents to be politically active.
The Law of Nonprofit
Organizations – Workshop for Attorneys
This workshop is designed for attorneys interested in the legal issues of
particular concern to nonprofits.
It reviews the responsibilities and
potential liabilities of serving on nonprofit boards and highlights topics
unique to the nonprofit sector, such as IRS Intermediate Sanctions, disclosure
rules, lobbying and political campaign restrictions, the impact of
Sarbanes-Oxley on nonprofits, and more. It also offers advice on how board
members can best serve their organizations and protect themselves and fellow
board members, and discuss new legislative
developments affecting charities.
Starting a Nonprofit: Myths and Realities
Is your organization ready for tax exemption? What are the pros and cons of
forming a tax-exempt organization? What are the benefits and responsibilities of
being incorporated and tax exempt? What are the alternatives to filing for tax
exemption that will still let your organization receive donations? This
important seminar will thoroughly discuss the process of becoming a charitable
organization, and will help you determine whether this is the right choice for
your organization.
The Internet World:
Legal Issues for Nonprofits
Does your organization have a
website? Do you provide advice over the internet? What if your website
information is outdated, or inaccurate? Do you fundraise on your website, or
elsewhere on the internet? Does your organization have an internet use policy
for employees? What are the legal implications of having links from your website
to other websites? This workshop will discuss these and other evolving
technology issues
relating to the use of the internet and the maintenance of a nonprofit website.
Tough Times, Tough Decisions
What steps can your organization take to weather this current economic downturn?
Are there ways to reduce costs without significantly impacting your mission? Can
employment arrangements or existing contracts be changed? What about
collaborations or mergers – do they offer solutions? What do you need to
consider as you decide whether to persevere or possibly close the doors? Our
panel of speakers – attorneys with expertise in corporate workouts, employment
and real estate law – will cover these issues and others you need to consider as
you weigh your organization’s options for the future in these challenging times.
I
Real Estate Seminars
Real Estate Basics for
Nonprofits
Does your organization own or lease real estate? Do you lease property to
others? This workshop addresses the real estate and facility issues of
nonprofit landlords or leaseholders and provides an overview of legal issues
involved in space-sharing and development projects, selling and purchasing
property, as well as renovating an existing facility.
Commercial Leasing Issues for
Nonprofits
Does your organization lease real estate, either as a landlord or tenant? This
important workshop addresses the real estate issues that nonprofits face when
leasing space as landlords or tenants, and provides an overview of legal issues
involved in subleases, space-sharing arrangements and renovation of leased
facilities. Topics will include options in reducing your space or subletting
part of your leased space, and considerations in trying to renegotiate your
lease.
Special Topics
Privacy and Confidentiality Issues for
Youth Serving Organizations
Do you have concerns about disclosure of confidential client information?
Responding to subpoenas? Do parents or others request case files and other
confidential agency documents? This workshop will cover these and other
issues such as Children’s vs. Parents’ Rights, medical treatment of youth in an
agency's care and HIPAA obligations.
Liability, Risk
Management and Compliance Issues For Youth Serving Organizations
Do you have concerns about liability risks for your agency and staff in
providing services to youth? This workshop, featuring a panel of experienced
managers of youth-serving nonprofits and lawyers, will cover a wide range of
legal issues including: strategies for avoiding claims of negligent hiring and
Department of Labor audits; compliance with government contracts and regulations
governing fundraising; a primer on lobbying and advocacy activities; and
strategies to prepare your agency for increased scrutiny by regulators as a
result of anticipated reforms in the charitable sector.
Employment Law Issues,
Insurance Issues, and Corporate Governance Issues for Women Serving
Organizations
What employment law issues
does your organization face – classification of employees as exempt or
nonexempt? Screening and background checks for employees and volunteers?
Proper hiring and supervision? Sound termination procedures? Proper record
retention policies? Also, does your organization have the right insurance for
your organization’s activities and risks? This workshop will cover these and
other issues such as sound corporate governance policies and liability issues
for board members.
Confidentiality Issues,
Consent Issues, and Landlord-Tenant Issues for Women Serving Organizations
Confidentiality-related issues are of critical concern to many groups working to
empower women and/or prevent domestic violence. What confidentiality laws apply
to your organization? How should your staff respond to subpoenas and requests
for records? What is the difference between testifying as an "expert" or as a
fact witness? This workshop will cover these and other confidentiality-related
issues, as well as other issues, including how to deal with clients as tenants,
and how to obtain proper authorizations, consents and waivers for program
activities. Copyright, Trademark
and other Intellectual Property Issues for Nonprofits
How can charitable organizations protect their program names, logos,
websites, publications and other materials? How does an organization know
if and when it has intellectual property rights to be protected? This
workshop will provide an invaluable overview on the basics of intellectual
property law, including copyrights, trademarks, and service marks; the
difference between seeking state and federal protection, and how to go about
seeking such protections; remedies if and when your intellectual property is
being infringed by others; licensing agreements and releases for the use of
information;
issues with hiring outside
consultants and advertising agencies;
and intellectual property issues raised by a nonprofit’s website and other
internet uses.
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