Taking a Strange Turn on Employee Transit Benefits

Transit benefits can be a great employer-provided perk to employees, whether provided for mass transit or parking, and whether paid directly to transit and parking companies or to employees.  As a result of recent federal legislation known as the Tax Cuts and Jobs Act (“Act”), however, employers may no longer deduct such transportation fringe benefits as their own deductible business expenses.  Moreover, nonprofit employers that provide this employer-provided perk must report and pay tax on the value provided as taxable “unrelated business income.”  On the other hand, employees may still contribute their own earned wages through a pre-tax salary reduction program.  Confusing?  Here are the key legal details and related employment adjustments that may be warranted in light of the Act’s passage, for both taxable and tax-exempt employers.

Nonprofits and Interns: The More Things Change, the More They Stay the Same

The U.S. Department of Labor recently issued update Fact Sheet #71, clarifying that the key test for whether unpaid interns are owed overtime and minimum wage under the Federal Labor Standards Act is the “primary beneficiary” determination – i.e., whether the worker or the business benefits more.  By its own terms, Fact Sheet #71 continues to apply only to for-profit businesses, albeit with a nod to nonprofit volunteers.  In addition, it seems assumed that all internships are, or at least should be, carried out on a voluntary, non-compensated basis.  How might a nonprofit think about an arrangement involving a paid intern?

Leadership Response to Sexual Harassment Complaints: A Step-by-Step Guide to Minimizing Your Risk of Liability

With all the attention that sexual harassment is getting in the media, you may be looking to shore up your organization’s policies and procedures. Not sure where to start? This blog post provides a step-by-step overview of common steps in leadership responses to sexual harassment complaints. That being said, every situation is different, many are tricky, and you may want to check with your counsel.

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