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Donate Your Time Without Risking Your Fortune
Posted by Alexander Wozniak on Mon, Mar 24, 2014 @ 09:16 AM

Often, a not-for-profit organization’s Board of Directors and Officers are volunteers who donate their time and expertise to help manage these institutions. Similar to serving on corporate, for-profit boards, these individuals risk being personally named in lawsuits alleging mismanagement. Consequently, Directors and Officers (D&O) insurance is typically made available to not-for-profits so that experienced professionals can serve on the Boards of these organizations without the fear of personal financial loss.

In today’s litigious society, even not-for-profit organizations and their Directors and Officers run the risk of being sued for an extensive list of alleged wrongdoing. They are susceptible to lawsuits alleging, among other things: discrimination (age, race, sex, employment, membership), harassment, wrongful termination, conflicts of interest, misleading reports or other misrepresentations, defamation, libel & slander (including through the use of social media), breach of fiduciary duty, wage & hour law claims and failure to deliver services.

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Topics: non-for-profit, Non-profits, Not-for-Profits, Alexander Wozniak

Adjunct Faculty: Crediting Hours of Service and Other Affordable Care Act Updates
Posted by Diane Caron on Fri, Mar 21, 2014 @ 04:36 PM

The Affordable Care Act (the “Act”) requires employers to determine full-time status for employees in order to determine if the employer is considered a large employer (50 or more full time employees) subject to the shared responsibility provisions, and also to identify those employees that must be offered minimum affordable coverage in order to avoid penalties under the Act (the shared responsibility provision).

A large employer under the Act is defined as an employer who employed an average of at least 50 full-time or full-time equivalent employees in the preceding year. Full-time equivalent employees are based on the aggregate hours of employees who are not full-time. A full-time employee is an employee who is scheduled to work at least an average of 30 hours per week.  Full-time employees are the only employees considered when determining if an employer is subject to potential liabilities for failure to offer minimum affordable health insurance coverage.

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Topics: The Affordable Care Act, Diane Caron, full-time emplyee, adjunct faculty, student employees

States Nationwide Strengthen Oversight of Not-for-Profits
Posted by Brenda Booth on Tue, Mar 18, 2014 @ 09:24 AM

Attention not-for-profits: expect to be subject to new regulations regarding governance and oversight – especially if you are based in or raise funds in New York State. New York Governor Andrew M. Cuomo recently signed into law Attorney General Eric T. Schneiderman’s Nonprofit Revitalization Act of 2013 (the “Act”), the first major overhaul of the laws governing New York’s not-for-profit sector in more than 40 years.

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Topics: Brenda Booth, Non-profits, Not-for-Profits

Federal OMB Grant Rules Overhauled
Posted by Greg Allender on Thu, Mar 6, 2014 @ 09:17 AM

On December 26, 2013 the Office of Management and Budget (OMB), in conjunction with the Council on Financial Assistance Reform (COFAR), published policy changes in the Federal Register regarding federal agencies’ interactions with contractors and vendors on federal grants, contracts and cooperative agreements. The long-awaited OMB guidance titled, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” replaces rules in OMB Circulars A-21, A-50, A-87, A-102, A-89, A-110, A-122, and A-133.

The latest OMB guidance, which consolidates several OMB circulars to standardize and streamline applications and reporting, is designed to improve the delivery, management, coordination and accountability of federal awards, while reducing the administrative burden on non-federal entities that receive federal awards. The goal of these changes is to improve performance and outcomes by eliminating duplicative and conflicting guidance, while promoting stronger oversight and accountability for taxpayer dollars. The changes should also hopefully reduce waste, fraud and abuse in the process.  

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Topics: non-for-profit, Federal OMB Grant, audit

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