Employees & Volunteers

Americans with Disabilities Act (ADA):  Basic Requirements for Non-profits (NP9109-3)
The ADA guarantees civil rights protection from discrimination and equal access to goods and services for individuals with disabilities. This memo discusses the sections of the law dealing with employment regulations and public accommodations, focusing on requirements for the nonprofit employer and nonprofit service provider. (9 pages)

COBRA Compliance for Non-profits (NP9102-5)
This memo presents answers to the 20 most common questions about COBRA group health plan coverage and its requirements for nonprofit organizations and their employees. (8 pages)

Employee Benefits: A Summary for Nonprofit Employers (NP9311-2)
This memo offers a brief overview of the principal employee benefits available to nonprofit employers, with suggestions for getting the most out of benefits such as group term life insurance, transportation and travel, dependent care, and other fringe benefits. (12 pages)

Employee Educational Assistance Programs (NP9103-2)
With this valuable fringe benefit, any amounts paid or expenses incurred by the employer for qualified educational assistance to an employee is excludable from the employee's taxable income. This memo delineates the requirements for such programs. (7 pages)

Employment Applications:  Complying with Federal Laws (NP9306-1)
Two primary areas of liability arise in conjunction with employment applications: certain inquiries may trigger discrimination laws, but a failure to inquire about others may trigger negligent hiring. This memo covers both areas of liability and includes a sample employment application adaptable to any nonprofit. (14 pages)

Employment Discrimination:  Steering Clear in the Nonprofit Organization (NP9312-1)
Here are answers to some of the most common questions nonprofit employers ask about their rights and responsibilities under federal workplace discrimination laws. Includes comprehensive chart of the federal anti-discrimination laws and the classes of employees they protect. (10 pages)

Family & Medical Leave Act (FMLA) Compliance (NP9407-1)
With 26 sections and a set of regulations longer than the act itself, FMLA is one of the most complex laws for employers to understand. This memo summarizes FMLA's basic coverage, including recent court interpretations and government guidelines that help clarify its practical application in the nonprofit workplace. (11 pages)

FLSA:  What is Means for Nonprofit Employers (NP9208-1)
Applying the FLSA to non-profits is not a simple task. The law seems to exempt non-profits, but non-profits must still comply with regulations that cover non-exempt employees. This memo clarifies the rules. (13 pages)

Gifts to Employees: Taxable Income? (NP9204-1)
The generosity of a gift an employer makes to an employee is undercut if the IRS taxes it as additional income to the employee. This memo discusses the difference between income and gifts, and outlines methods of giving that avoid handing the employee an unexpected tax bill. (6 pages)

HIV/AIDS Policy for Nonprofit Employers (NP9102-1)All non-profits should have clear policies and procedures for reducing the risk of infection, for dealing sensitively and wisely with those carrying infections, and for minimizing possible discriminatory issues that may arise. This memo addresses those difficult issues. (7 pages)

Hiring & Supervision:  Managing Employee Liability (NP9402-1)
Changes in the legal landscape make the hiring process a critical element of prudent risk management for non-profits. This memo lays out the liability land mines and the steps for proper hiring and supervision. (14 pages)

The Home Office Deduction for Nonprofit Workers (NP9412-1)Some 40 million Americans now telecommute from home to the office. Valuable tax deductions apply to a home office if the space satisfies specific requirements. This memo focuses on the home office deduction available to nonprofit workers. (9 pages)

Independent Contractor vs. Employee (NP9110-2)
The overview provided in this memo can help distinguish employee and independent contractor characteristics for tax purposes so that a nonprofit is better prepared to avoid the consequences of misclassification. (8 pages)

Managing Volunteers:  Risks & Rewards (NP9301-1)
This memo addresses the main liabilities that arise from a nonprofit's use of volunteers, along with the nonprofit's duty to adequately screen, train and supervise volunteer workers. Risk-reducing steps are also identified and explored. (10 pages)

OSHA:  What It Means for Nonprofit Employers (NP9305-1)
OSHA requires that employers (including non-profits) make their workplaces safe and healthy, free from hazards likely to cause serious harm to employees. Is your organization's workplace up to OSHA standards? (6 pages)

Scholarship & Tuition Reduction Programs (NP9211-2)
Thanks to tax-free scholarships and tuition assistance provided by employers, many individuals receive educations they otherwise could not afford. This memo summarizes Section 117 of the tax code, which covers these benefits, and explains how non-profits can make the benefits work for their employees. (6 pages)

Sexual Harassment Policy: Implement & Educate (NP9201-2)
Uncertainties about the definition of sexual harassment creates tension in the workplace for both employees and employers. This memo describes the current state of law, including statutory definitions and examples of recent decisions, and provides risk management tips to avoid liability and ease tensions in the nonprofit workplace. (10 pages)

Substance Abuse Prevention in the Nonprofit Workplace (NP9706-1)
Substance abuse in the workplace is at an all-time high, according to most estimates. Non-profits are not immune. This memo details the federal laws that impose compliance efforts on non-profits, and it provides a framework for developing a substance abuse policy for your organization. (10 pages)

Terminations: Wisely Managing Troublesome Employees (NP9102-2)
The difficulty of terminating an employee and the associated risks of legal action, plus the potential for damage to an organization's reputation can be minimized if an employer adopts a three-point program of prevention, preparation, and process. This memo shows you how. (11 pages)

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