Primer for Nonprofits on Paid Employees, Volunteers, and Interns
The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more
As the wildfires continue in Southern California, local communities quickly mobilized and responded with massive volunteer efforts to help those affected by the wildfires. American Red Cross, Habitat for Humanity, World...more
In Zanette v. Ottawa Chamber Music Society, 2024 HRTO 998, the Human Rights Tribunal of Ontario (HRTO) dismissed a volunteer’s application alleging discrimination with respect to employment because of sexual orientation,...more
A new Connecticut law went into effect this year creating early voting procedures for the first time in Connecticut. The law, Connecticut General Statutes § 9-163aa, provides that before each election, a period of early...more
On March 12, 2024, the U.S. Court of Appeals for the Eleventh Circuit (covering Alabama, Florida, and Georgia) affirmed the dismissal of a putative class action wage and hour lawsuit brought by three golf course attendants...more
Taking a “commonsense” approach, the U.S. Court of Appeals for the Eleventh Circuit held that volunteers’ mere receipt of certain “perks” does not convert them to employees under the FLSA. In Adams v. Palm Beach County (11th...more
What takes priority? There was a social media storm this week after a large non-profit organization terminated a volunteer after the volunteer questioned the point of having preferred pronouns in signature blocks. The woman...more
Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has ruled that Title IX of the Education Amendments of 1972 affords a faculty member a private right of...more
Amid the headlines reporting on the “Great Resignation” and America’s “Labor Crisis,” employers are searching for solutions to the current workforce shortage. According to a recent report from the U.S. Chamber of Commerce, a...more
Das Bundesarbeitsgericht (BAG) räumt mit einer Entscheidung des Landesarbeitsgerichts Nürnberg (LAG Nürnberg vom 14. Oktober 2020, 2 Sa 215/20) auf. Diese hielt ein Freiwilligenprogramm für unzulässig, weil es zeitlich mit...more
With 2022 midterm elections right around the corner, you may already be planning to approach your executives and employees to encourage them to be more engaged politically in today’s important issues, whether that’s learning...more
Manicurist Can Proceed With Hostile Work Environment Claim - Fried v. Wynn Las Vegas, 18 F.4th 643 (9th Cir. 2021) - Vincent Fried, a manicurist at a salon in the Wynn Hotel in Las Vegas, was sexually propositioned by a...more
The California Court of Appeal has definitively resolved an issue that was until now somewhat ambiguous: Can volunteers in fact volunteer their time for nonprofit organizations without receiving pay or other forms of...more
Nonprofit organizations depend heavily upon their volunteers. What if a court were to hold that volunteers were in fact employees entitled to minimum and overtime wages, meal and rest breaks, wage statements and other...more
The UK Government has recently published its long-awaited response to its 2019 consultation on measures to combat sexual harassment in the workplace and strengthen existing legal protections. Most significantly, the...more
The UK government’s response to the 2019 consultation on sexual harassment in the workplace confirms that it will introduce a legal duty on employers to protect workers from harassment, re-introduce protection against...more
Part 2: Statements of employment, statements against bullying and sexual harassment, new entitlements and other changes to Bermuda’s Employment Act 2000 - On 1 June 2021, various changes to Bermuda’s Employment Act 2000...more
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
This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more
In June 2020, Hong Kong passed the Discrimination Legislation (Miscellaneous Amendments) Ordinance 2020 (“Amendment”), amending the Sex Discrimination Ordinance (SDO), the Race Discrimination Ordinance (RDO), the Disability...more
As the COVID-19 pandemic swept over the world, an unlikely phenomenon swept the United States. While new terms like “social distancing” and “essential employees” suddenly became part of the common lexicon, a surprising phrase...more
The line between lawful and unlawful unpaid work is not always clear. Many companies are contacted by people offering to work on a voluntary basis. It is often pitched as a “win-win” because the person is willing to work...more
Seyfarth Synopsis: When faced with wildfires or natural disasters, California employers must keep calm, carry on, and continue to meet their obligations under California law. ...more
We include the 2018 chapter in its entirety for reference following the 2019 update. Background - As part of last year’s Labour & Employment group paper, "Sexual Harassment in the Workplace: What Your Company Needs to...more
It’s hurricane season, and companies all along the Gulf should have a plan in place not only to address business continuity issues, but also the human resources and staffing questions that arise in the event of a natural...more