When a conflict develops involving a nonprofit, its leaders, or its programs, one of the first calls is usually to the nonprofit’s lawyer. But when the time comes to call the nonprofit’s attorney, two important questions arise: (1) Who should properly make that call, and (2) On whose behalf is the call being made? These two questions highlight a more foundational and general question: Who or what is the attorney’s client in a conflict involving third parties or internal disputes?
Your nonprofit has just identified a capable and promising executive candidate, perhaps for executive director, chief financial officer, or another high-level position within the organization. And the candidate has accepted! What should be negotiated and worked out for that person’s employment? How can the board promote a positive working relationship with clarity and optimal opportunity for success? The following key areas warrant attentiveness at the beginning of this critical engagement, to promote a healthy, effective, and legally compliant employment relationship.
Thanks to a new federal rule, employers may more flexibly either (a) provide pre-tax reimbursements for their employees’ individual health insurance premiums and other expenses, or (b) pay such expenses directly on employees’ behalf. Effective January 1, 2020, such pre-tax availability has been reinstated, following the Affordable Care Act (ACA)’s elimination and only a limited version under the 2016 21st Century Cures Act, but with some new twists. As a result, employers and their employees now enjoy more pre-tax options for health benefits, albeit with increasing complexity and varied conditions.