Non-Profits Law 101: Governance, board functions, compliance, and employment issues within charities

Anita Pelletier | Nixon Peabody LLP

Anita Pelletier is Counsel in Nixon Peabody’s nonprofit practice group. She advises nonprofit organizations in matters relating to legal requirements and best practices in connection with governance and operational matters. Today she focuses her practice on three main areas, building on over 10 years of experience assisting nonprofit clients to operate as effectively and efficiently as possible.

She have represented organizations ranging from the very small to the very large. Most recently, the Nonprofit team advised the sole member of a nonprofit regarding its authority to remove board members. She has worked with several organizations to guide them through IRS and regulatory audits. Most recently, she managed and coordinated an IRS audit for a large university. She has assisted numerous charities navigate the various rules regarding charitable solicitations in a market that necessitates the use of social media and electronic communications.

Kristina Grimshaw | Florentino & Grimshaw LLC

Kristina Grimshaw enjoys working with organizations to find practical and compliant solutions to their labor and employment problems. Tina consistently provides strategic advice to employers on topics including but not limited to federal, state, and local leave laws; employee terminations and discipline (including in a unionized environment); reasonable accommodations; wage and hour laws; employee classifications; compliance with the National Labor Relations Act; handling internal investigations; and the laws and regulations surrounding onboarding and employee separations.

Tina has trained numerous organizations and human resource departments on topics such as preventing sexual harassment and discrimination, providing reasonable accommodations, and administering compliant leave policies, lawful behavior during union organizing campaigns, and legal and appropriate interviewing tactics. Tina routinely partners with employers in drafting and revising their employment documents, employee handbooks, separation agreements, and offer letters, to comply with evolving federal, state, and local requirements.

Tina has served as an investigator for organizations faced with claims of discrimination, harassment, and retaliation and has experience defending claims before various federal, state, and local agencies, as well as at arbitration and in federal court. Tina began her career clerking for The Honorable Christopher F. Droney on the United States District Court for the District of Connecticut. She thereafter joined the Litigation Group of Simpson Thacher & Bartlett LLP, before again clerking for Judge Droney, this time on the Court of Appeals for the Second Circuit. Prior to joining Florentino & Grimshaw LLC, Tina worked at Collazo, Florentino & Keil LLP, a boutique labor and employment firm, practicing management-side labor and employment law.

Anita Pelletier
I. Governance | 2:00 pm – 2:10 pm

a. Role of the Board | 2:10 pm- 2:20 pm
b. Fiduciary Duties of Directors | 2:20 pm – 2:30 pm
c. Conflicts of Interest | 2:30 pm – 2:40 pm

II. Code Section 4958 Intermediate Sanctions | 2:40 pm – 3:00 pm

Break | 3:00 pm – 3:10 pm

III. Rebuttable Presumption of Reasonableness | 3:10 pm – 3:25 pm

a. Overview | 3:25 pm – 3:30 pm
b. Why compliance is important | 3:30 pm – 3:35 pm
c. Conflicts, compensation, and expense reimbursement | 3:35 pm – 3:45 pm

II. Basic functions of a Nonprofit Board | 3:45 pm – 3:55 pm

a. Governance vs. Management | 3:55 pm – 4:00 pm
b. IRS guidelines for good governance | 4:00 pm – 4:10 pm

Break | 4:10 pm – 4:20 pm

Kristina Grimshaw
I. General wage and hour obligations | 4:20 pm – 4:25 pm
II. Exemptions | 4:25 pm – 4:30 pm
(Administrative, Professional, Executive, Others/State issues)
III. Classifying Interns/Volunteers? | 4:30 pm – 4:35 pm
IV. Engaging Independent Contractors | 4:35 pm – 4:40 pm
V. Anti-Harassment and EEO Policies | 4:40 pm – 4:43 pm
VI. Training | 4:43 pm – 4:45 pm
VII. Employee Affinity Groups: 3 minutes | 4:45 pm – 4:48 pm
VIII. Considerations for a Remote Workforce | 4:48 pm – 4:50 pm
IX. Handbooks – Why have them | 4:50 pm – 4:53 pm

a. State Law Issues | 4:53 pm – 4:58 pm
b. NLRB | 4:58 pm – 5:03 pm

X. Pre-Employment Checks | 5:03 pm – 5:05 pm

a. Background Checks | 5:05 pm – 5:10 pm
b. Credit Checks | 5:10 pm – 5:15 pm
c. Drug Testing | 5:15 pm – 5:20 pm