News & Analysis as of

Nonprofits Fair Labor Standards Act (FLSA)

Whiteford

Employment Law Update: May Day! The Department of Labor Pauses Enforcement of the Controversial Independent Contractor Rule

Whiteford on

In a significant shift for businesses, nonprofit organizations and gig-economy workers, the Department of Labor (DOL) Wage and Hour Division (WHD) announced on May 1st that it will no longer enforce the 2024 independent...more

Whiteford

Client Alert: Nonprofit Employers - Take Note of New FLSA Overtime Rules Effective July 1st

Whiteford on

Earlier this year, the U.S. Department of Labor (“DOL”) issued a final rule modifying the standard for determining whether employees qualify for several key exemptions to the overtime pay requirements set by the Fair Labor...more

ArentFox Schiff

10 Legal Issues for Nonprofit and Association Leadership in 2024

ArentFox Schiff on

As 2024 gets underway, the nonprofit sector will continue to face new challenges in addition to grappling with ongoing challenges that continue to impact the sector. Our interdisciplinary team, serving thousands of nonprofits...more

Constangy, Brooks, Smith & Prophete, LLP

"No Good Turn Goes Unpunished"

It's a cliché because it's true. Especially for volunteers. Gentle reader, perhaps you or your friends serve the community as directors of non-profits. Most non-profits and many local government quasi-public entities rely...more

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

Jackson Walker on

The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more

Lowenstein Sandler LLP

FAQs On Pandemic-Related Issues for Small Businesses and Nonprofits-UPDATE August 2020

Lowenstein Sandler LLP on

1.PAYCHECK PROTECTION PROGRAM- The Paycheck Protection Program closed on August 8. The SBA is no longer accepting new applications from participating lenders. The federal government created several forms of financial relief...more

ArentFox Schiff

Wage and Hour Division Ends Practice of Seeking Liquidated Damages in Pre-Litigation Settlements

ArentFox Schiff on

The US Department of Labor’s Wage and Hour Division announced a policy change that is sure to please employers facing administrative FLSA back wages claims. Effective on July 1, 2020, the Division will cease to routinely...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Appears Ready to Propose New Salary Minimums for Exempt Employees

Most human resources professionals are generally familiar with the saga surrounding the U.S. Department of Labor’s attempts to increase the minimum salary for claiming overtime exempt status under the Fair Labor Standards...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Says Religious Community Members Are Not Employees

Nonprofit entities often question the dividing line between volunteer work and work considered compensable employment. On December 21, the federal Department of Labor’s Wage and Hour Division issued an opinion letter...more

Fisher Phillips

USDOL Opinion Letters Remind All That Nuances Matter

Fisher Phillips on

Despite most of the government being occupied with the "shutdown" dilemma, the unaffected USDOL has remained busy and gifted us with two opinion letters on Friday: an enlightening one regarding certain volunteers and a simple...more

Smith Anderson

Four New U.S. DOL Wage & Hour Opinion Letters

Smith Anderson on

The federal Department of Labor (DOL) issued four new opinion letters last week that address various compliance requirements under the Fair Labor Standards Act (FLSA). In the accompanying press release, the DOL said that the...more

Polsinelli

DOL Reaches Again Into the FLSA Twilight Zone (Part 1 of 2)

Polsinelli on

So far in 2018, the U.S. Department of Labor (“DOL”) has issued more than 20 opinion letters navigating the murky waters of the Fair Labor Standards Act (“FLSA”). In late-August, the DOL issued several new opinion letters to...more

Pillsbury Winthrop Shaw Pittman LLP

DOL Endorses Volunteer Treatment of Certification Exam Graders

DOL Opinion Letter confirms that volunteer status not jeopardized by nonprofit payment of expenses. Department of Labor Opinion Letter endorses non-employee classification of member volunteers at nonprofit, without...more

FordHarrison

DOL Issues Employer-Friendly Opinion Letters

FordHarrison on

Last week, on August 28, 2018, the U.S. Department of Labor (DOL) issued four Fair Labor Standards Act (FLSA) opinion letters. In welcome late-summer news to employers, each opinion is employer-friendly....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Gives Credit to Unpaid Student Interns After Getting Schooled by the Courts

Over the last few years, several federal courts—and, most recently last month, another appellate court—rejected the Obama administration’s mandatory six-prong test for whether someone can properly be classified as an unpaid...more

Parker Poe Adams & Bernstein LLP

Nonprofits Can Avoid Overtime Requirements If They Avoid 'Enterprise' Status

Last year’s proposal to increase the minimum salary to qualify for exemption from federal overtime requirements hit nonprofit employers particularly hard. While the new salary levels never went into effect, many nonprofits...more

Foley & Lardner LLP

Q&A on the FLSA’s Changes to Overtime Exemptions

Foley & Lardner LLP on

Last month, we discussed the U.S. Department of Labor’s (DOL) recently published final rule making changes to the so-called “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA). We also presented a...more

Patterson Belknap Webb & Tyler LLP

New DOL Overtime Rule Changes the Landscape for Nonprofits, Too

On May 18, 2016, the U.S. Department of Labor’s Wage and Hour Division (“DOL”) issued a final rule modifying overtime eligibility under the Fair Labor Standards Act. The final rule increases the salary threshold for overtime...more

Faegre Drinker Biddle & Reath LLP

DOL's New Salary Rule on Overtime Will Impact Many Nonprofits

As you’ve likely heard, the U.S. Department of Labor (DOL) released its final regulations on May 18, 2016, changing the overtime exemptions under the Fair Labor Standards Act (FLSA). In short, most salaried employees...more

Mintz - Employment Viewpoints

Where do the DOL’s New FLSA White-Collar Overtime Regulations Leave Non-Profits and Educational Institutions?

Over the course of this and next week, we will discuss the final overtime rule’s impact and address related workplace issues on which employers should focus in advance of its December 1st implementation date. Today we focus...more

Benesch

Perspectives - February 2016

Benesch on

I Just Received Drafts of Construction Loan Documents from My Lender, Now What? I have heard the following statement many, many times over the course of my career: “Do I really need to hire an attorney to close a simple...more

Carlton Fields

Unpaid Internships: Tips for Avoiding Legal Liability

Carlton Fields on

Unpaid internships present companies with potential legal exposure, as shown by several recent, well-publicized legal victories for interns, including one against NBC, which ultimately paid out millions of dollars. To help...more

Franczek P.C.

Is Your Volunteer Really an Employee? The Answer Might Surprise You [Part 2]

Franczek P.C. on

In our last post, we looked at the rules governing volunteers at for-profit entities. As we discussed, for-profit organizations have almost no latitude to accept volunteer services. However, nonprofit employers face a more...more

Foley & Lardner LLP

When It Comes to “Volunteer” Workers, No Good Deed Goes Unpunished

Foley & Lardner LLP on

It is that fun time for New Year’s resolutions. Right up there with promises to go to the gym and to try to get along with one’s in-laws, many will make plans to do more volunteer work in 2015. From an employer’s point of...more

Franczek P.C.

Department of Labor Brief Provides More Guidance on Interns

Franczek P.C. on

In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns. On the other hand, private...more

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