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Q&A #21 – Which state’s laws govern our telecommuting employees?
You have correctly identified an extremely complex issue for which you will certainly need individualized advice. The issue of which state employment laws govern telecommuting employees impacts your organization’s responsibilities on a wide range of laws including but not limited to unemployment insurance, income tax withholding, wage & hour laws, workplace safety, anti-discrimination, and paid and unpaid leave.
![EBOOK: Nonprofit Legal Basics Primer [SUBSCRIBERS-ONLY]](https://images.squarespace-cdn.com/content/v1/5e6ccadfb4659c1d51df14d5/4dd69115-399e-461e-a23f-20a65c6608b8/tsvetoslav-hristov-iJ-uantQb9I-unsplash.jpg)
EBOOK: Nonprofit Legal Basics Primer [SUBSCRIBERS-ONLY]
This 48-page primer provides an overview of the key areas of nonprofit law governing 501(c)(3) organizations, including federal tax law requirements, state nonprofit corporation and tax law, fundraising laws, and employment law basics. This primer is tailored for organizations that are incorporated and operated in the District of Columbia, but many of the subject areas are useful for organizations based in other states.
Q&A #20 – Which state’s laws should govern our contracts?
The short answer is that it is generally up to the parties to select the state whose laws will govern interpretation of the contract, and there is no one “correct” state that you have to select. Only in rare instances will a court override the state of governing law specified in a contract. Which state is the best choice is a more complicated question that depends on the circumstances.
Staying on Course: What to Do If You Are in the Middle of a Multi-Year Transformation Plan
Good for you if you started a major transformation plan before the pandemic hit. While the pandemic forced many nonprofits to quickly pivot to change mode, your organization is in the relatively good position of having already embraced and started this process. Now the challenge is how to stay on course while recognizing that the world around you has changed.
Q&A #19 – What’s the difference between an MOU and a contract?
In my experience, the concept of a “memorandum of understanding” or “MOU” is widely misunderstood in the nonprofit community. The same goes for similar terms like “memorandum of agreement” (MOA) and “memorandum of intent” (MOI).
Q&A #18 – Is it reasonable to use the same CPA firm to do our audits for more than 6 years?
This is a very common and important question that must be considered on a regular basis. The key to the answer is defining and establishing what is the “regular basis” in your governance related financial statement audit management practices.
What I Look For When Deciding to Donate: An Attorney’s Perspective
The unprecedented social, economic, and public health upheaval of the past few months has led many people across the country to make heart-felt charitable donations (to the extent they are financially able to do so). Many would-be donors are looking to support nonprofits working in cause areas that may be unfamiliar to them, such as organizations providing COVID-19 relief, scientific research organizations, and organizations that combat racism.
Q&A #17 – Is it a conflict of interest to make a grant to another nonprofit founded by one of our Board members?
This is not the type of conflict of interest that is the main concern of the rules applicable to 501(c)(3) organizations, but there are a few good reasons to approach this situation carefully regardless.
Q&A #16 – Should I take over a dormant 501(c)(3) rather than form a new organization?
I have seen numerous people try this approach over the years, but it is almost always a bad idea. The main problem is that you are going to have a very difficult time keeping the previously inactive organization’s status as a 501(c)(3) “public charity” (as opposed to a “private foundation,” which is a type of 501(c)(3) organization that is subject to less favorable rules).
Q&A #15 – Is it a good idea to switch to filing the Form 990-EZ to save costs?
I have gotten this question a lot over the years and not just during a protracted downturn. The simple short-term answer could be yes, but the longer-term impact might not be what you wanted or expected.
Q&A #14 – Can a nonprofit organization have non-Directors on its standing committees?
It is quite common for nonprofit organizations to have non-Directors on their standing committees, but whether this is permitted is a surprisingly complicated question. The answer depends on the applicable state nonprofit corporation statute, and these laws are often more restrictive on this subject than you might think.
Another Crisis-Driven Pitfall: Vacation Accruals
As nonprofit organizations continue to adjust to each new twist and turn this crisis throws at them, sometimes basic steps such as updating vacation accruals can catch you by surprise.
Q&A #13 – What are the eligible expenses that EIDL funds can be used for?
There are some important restrictions on the permissible uses of Economic Injury Disaster Loan (EIDL) funds, especially for organizations that have received a PPP loan.
Q&A #12 – What is the deadline to submit the application for PPP loan forgiveness?
There is not one hard deadline that applies to all organizations. For practical purposes, you want to submit the PPP loan forgiveness application before any repayments are due (though you should keep a close eye on whether your lender has their own requirements about when loan forgiveness applications must be submitted).
Q&A #11 – Can my 501(c)(6) organization get in trouble for receiving a PPP loan?
Yes, there are risks for accepting a Paycheck Protection Program loan when the organization was not eligible to receive it. It is clear from the text of the CARES Act statute and from prior SBA guidance regarding eligibility for the “Section 7(a)” loan program (of which the PPP is one type) that the only nonprofit organizations eligible for PPP loans are 501(c)(3) and 501(c)(19) organizations. I do not see a credible argument that any other types of nonprofits (such as 501(c)(6) organizations) were ever eligible to receive a PPP loan.