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Wagenmaker & Oberly provides legal counsel to NONPROFIT ORGANIZATIONS across the nation with offices in Chicago and Charleston.

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Update on Vaccine Mandate Litigation: Keep Watching...

Is your nonprofit subject to a COVID vaccine requirement for its employees? In the last few months, such “mandates” have been issued for “large” employers (i.e., with at least 100 employees), federal contractors, federal employees, and medical workers. Correspondingly, a flurry of litigation has erupted, with dozens of states, businesses, religious organizations, and other nonprofits challenging such mandates on a plethora of constitutional, procedural, and other legal grounds. We reported recently on OSHA’s large employer mandate, and now we provide an update based on a federal court ruling and other important developments. – with implications for the OSHA mandate as well as similar employment directives. Key takeaway: watch closely for new legal developments!

NONPROFIT LAW NEWSFEED

‘Washougal Moms’ must register as political action committee

Camas-Washougal Post-Record  State commission says group that has opposed school board incumbents must disclose financial backers

Guidance issued for LLCs seeking tax-exemption recognition

Journal of Accountancy  The IRS on Thursday issued Notice 2021-56 to clarify the standards that a limited liability company (LLC) must satisfy to receive a determination letter recognizing it as tax-exempt under Sec. 501(c)(3). Generally, all the members of an LLC seeking tax-exempt status will have to be tax-exempt organizations themselves or governmental units. The LLC will also have to include specified language in its articles of organization and operating agreement.

19 states sue Biden administration over COVID vaccine rule

AP News  Eighteen states filed three separate lawsuits Friday to stop President Joe Biden’s COVID-19 vaccine mandate for federal contractors, arguing that the requirement violates federal law.

Kamala Harris' Campaign Ad Jeopardizes Churches' Nonprofit Status, Say Experts

Newsweek Democratic Former Virginia Governor Douglas Wilder said Vice President Kamala Harris' video endorsement supporting Terry McAuliffe for governor could jeopardize the 501(3)(C) status of those Virginia churches showing it—and some legal experts agree. The taped campaign ad, which has been playing on Sundays in Black churches across the state, has Harris calling upon congregants to "raise your voice through your vote."

How Nonprofit Hospitals Can Support Communities and Advance Public Health

Center for American Progress  Hospitals, critical providers of essential care throughout the pandemic, can serve an influential role in bolstering health equity and population health; and health systems around the nation are increasingly recognizing this responsibility. Nonprofit hospitals have a unique obligation to advance community health. Their tax-free status—saving nonprofit hospitals an average of $11.3 million annually, per hospital—hinges on a need to provide benefit to the community.

After negotiating to revise new Missouri law, Christian boarding school sues to block it

Missouri Independent Heartland Christian Academy has defied government intervention through the courts before. A Christian boarding school from northeast Missouri with a history of defying government intervention filed a federal lawsuit last week seeking to block oversight requirements in a new state law — even after negotiating with legislators to revise the law’s provisions.

Nonprofits Say They’ve Felt a Legal Squeeze from the De Blasio Administration

City Limits  Parks groups and BIDs believe the city has tried to offload legal liability onto small organizations that are built to rally volunteers and sweep plazas, not battle lawsuits.  

NYC Must Give Teachers With Medical And Religion Exemptions Non-Classroom Work, Arbitrator Finds

Gothamist  An arbitrator has ruled that New York City must offer teachers with certain medical and religious exemptions non-classroom assignments, after the teachers' union argued that the city's requirement that all school employees—teachers, administrators, and other staff—must be vaccinated by September 27th was "draconian."

North Carolina General Assembly Passes Bill Limiting Nonprofit Donor Disclosure

Ballotpedia News On August 25, 2021, the North Carolina Senate voted 25-19 to approve S636, a bill that would make donations to nonprofit corporations confidential. The bill now heads to Gov. Roy Cooper (D).

What the bill proposes

 S636 prohibits the public disclosure of names or identifying information of donors to nonprofit organizations.

Locast Loses Key Defense Against Major Networks' Copyright Claims

Reuters A Manhattan federal court has knocked out an important Copyright Act defense for over-the-air streaming service Locast against infringement claims brought by the four major U.S. television networks.

Despite being a nonprofit, Locast makes too much money from user payments to be exempt from ABC, CBS, NBC, and Fox's claims under part of the law that protects nonprofits retransmitting copyrighted works, U.S. District Judge Louis Stanton ruled Tuesday.

‘Washougal Moms’ must register as political action committee

Camas-Washougal Post-Record  State commission says group that has opposed school board incumbents must disclose financial backers

Guidance issued for LLCs seeking tax-exemption recognition

Journal of Accountancy  The IRS on Thursday issued Notice 2021-56 to clarify the standards that a limited liability company (LLC) must satisfy to receive a determination letter recognizing it as tax-exempt under Sec. 501(c)(3). Generally, all the members of an LLC seeking tax-exempt status will have to be tax-exempt organizations themselves or governmental units. The LLC will also have to include specified language in its articles of organization and operating agreement.