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

Anita Pelletier
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.

Kristina Grimshaw
Kristina Grimshaw
Florentino & Grimshaw LLC

Kristina Grimshaw enjoys working with organizations to find practical and compliant solutions to their labor and employment problems.

On-Demand: July 1, 2021

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

Anita Pelletier

With increasing scrutiny and compliance activities by the IRS as well as state charity regulators, it is more important than ever that charities operate in a compliant as well as transparent manner. This program provides what the regulators, as well as industry organizations, are expecting and even demanding from charities today. The program will include information regarding the legal standards as well as best practices to position your organization for success.

Kristina Grimshaw

The presentation will cover hot topics in labor and employment law for non-profits. Specifically, will cover wage and hour issues, including interns, volunteers, and exemption status; creating and sustaining a diverse, equitable, and inclusive environment; compliance considerations.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

Anita Pelletier

  • Nonprofit good governance standards
  • What is Code Section 4958, why it is important and what to be aware.
  • What the IRS and other “best practices”

Kristina Grimshaw

  • Wage and hour Issues
  • DEI Initiatives
  • Compliance Considerations

Date/ Time: October 11, 2021

  • 2:00 pm – 5:20 pm Eastern
  • 1:00 pm – 4:20 pm Central
  • 12:00 pm – 3:20 pm Mountain
  • 11:00 am – 2:20 pm Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are view-able for up to one year.

Closed-captioning available

Speakers

Anita Pelletier_Nixon Peabody LLP_myLawCLEAnita 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_myLawCLEKristina 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.

Agenda

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