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Employee or Independent Contractor? New DOL Guidance Now on Hold

When are workers “employees” and not “independent contractors”? Three key points apply here. First, no bright-line rule necessarily exists; rather, facts and circumstances are always important. Second, the answer may depend on context – payroll tax, overtime and minimum wage laws, workers’ compensation coverage, etc. Third, careful evaluation may be warranted, depending on specific worker situations per these variables. This legal area just got a little more complicated, with the U.S. Department of Labor’s (“DOL”) January 2021 final rule now placed on hold by the new Biden Presidential Administration.

NONPROFIT LAW NEWSFEED

Governor’s Nonprofit Privacy Bill Approved by State Senate

Rapid City Journal A bill offered by Gov. Kristi Noem to ensure the privacy of donors to nonprofit corporations and charitable trusts earned final passage Tuesday in the State Senate.

Why Is the California Attorney General Investigating the San Francisco Art Institute?

Hyperallergic The California attorney general’s office last summer initiated an audit of the San Francisco Art Institute (SFAI) following a complaint from the financially beleaguered historic art college’s labor union.

Tennessee Bill puts Spotlight on Nonprofit Donors and Public ‘Right to Know’

Gallatin News Lawmakers in at least three states, including Tennessee, have introduced bills that would bar public agencies from publicly disclosing information about nonprofit donors, and experts said donor disclosure issues remain under-the-radar but could have major implications.

Exempting churches from political disclosure laws

Montana Free Press  Opponents are concerned the measure would undermine political transparency - and who gets to define 'religious organization'?

Republican Who Gave Millions to Investigate Voter Fraud Wants His Money Returned

COMPLEX A Republican who donated $2.5 million to a conservative nonprofit focusing on voter fraud in the 2020 election wants his money back.

Senators Push Bill To Make Charitable Giving Easier For Middle-Income Seniors

insurancenewsnet.com U.S. Senators Kevin Cramer (R-ND) and Debbie Stabenow (D-MI) reintroduced the Legacy IRA Act, legislation to increase the tax incentive of elderly middle-class Americans to give to charity.

En Banc Seventh Circuit to Hear an Important Church Autonomy Case in Demkovich v. St. Andrew the Apostle

National Review Can a former parish music director sue the Archdiocese of Chicago for a parish priest’s supposedly “offensive” speech about plaintiff’s sexuality and other matters?

Iowa Lawmakers Consider Bill Limiting Disclosure of Nonprofit Donor Information

Ballotpedia News Last month, we spotlighted three states (Iowa, Nebraska, and Tennessee) considering bills that would bar public agencies from publicly disclosing identifying information about nonprofit donors. 

Federal Court Partially OKs California's COVID-19 Limits on Outdoor Worship

Los Angeles Times A federal appeals court on Monday struck down California coronavirus rules limiting indoor church attendance to specific numbers but allowed the state to continue to ban indoor worship during times of widepread infection.

Final Tax-Exempt Organization Executive Compensation Regulations - What Changed?

Bloomberg Tax Last week the Department of the Treasury and the Internal Revenue Service issued final regulations under Section 4960, which imposes an excise tax of 21% on salaries exceeding $1 million paid to certain employees of nonprofit organizations.

Governor’s Nonprofit Privacy Bill Approved by State Senate

Rapid City Journal A bill offered by Gov. Kristi Noem to ensure the privacy of donors to nonprofit corporations and charitable trusts earned final passage Tuesday in the State Senate.

Why Is the California Attorney General Investigating the San Francisco Art Institute?

Hyperallergic The California attorney general’s office last summer initiated an audit of the San Francisco Art Institute (SFAI) following a complaint from the financially beleaguered historic art college’s labor union.