Does your nonprofit offer a retirement plan? In Illinois, the “Secure Choice Saving Program Act” requires larger employers to participate in a state-sponsored retirement program, but not if they offer their own retirement plans. The Act thus essentially motivates employers to offer retirement programs benefits, as many do. Since retirement plan benefits may carry substantial administrative expenses, the tendency is for only larger employers to offer them. Smaller employers may or may not provide retirement benefits, such as 403(b) plans for religious organizations and other Section 501(c)(3) organizations. The Act’s reach recently expanded to cover smaller employers, but thankfully with similar exclusions.
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!
Nonprofits reaching Chinese donors, employees, contractors, newsletter and program service recipients, and other stakeholders face new legal challenges in the handling of such stakeholders’ personal information. Adopted on August 20, 2021, China’s Personal Information Protection Law (“PIPL”) became effective on November 1, 2021. This extraordinarily brief implementation period leaves for-profit and nonprofit entities alike scrambling to understand their compliance obligations under the new framework. As addressed below, nonprofits must comply with PIPL, and penalties for non-compliance may be hefty. Nonprofits with connections to China thus should assess their data handling practices, disclosure and notice efforts, including efforts related to consent requirements, individual control of personal information, and data audit functions to mitigate risks arising under the new framework.