As we noted in our February e-Newsletter, the US House of Representatives and US Senate have introduced legislation to repeal the ban on partisan activity by 501(c)(3) nonprofits. This legislation would, in effect, allow 501(c)(3) nonprofits to become political organizations, which would turn nonprofits into political operatives.
On Monday March 6, 2017 Lawyers Alliance for New York and the Nonprofit Coordinating Committee (NPCC) filed a lawsuit against the New York State Attorney General’s office challenging a law that unnecessarily discourages contributions to nonprofit organizations.
Source: Overtime Regulations in New York State In Effect as of December 31, 2016
As we reported in New York Nonprofits' October Issue, federal overtime regulations are currently on hold while the U.S. District Court in Texas moves forward with the case.
As we reported in New York Nonprofits' October Issue, federal overtime regulations are currently on hold while the U.S. District Court in Texas moves forward with the case. However, with three days' notice, on December 28, 2016, New York State Department of Labor (NYSDOL) finalized its own overtime rules, increasing salaries for administrative and executive work and the number of workers who will qualify for overtime pay.
Earlier this year, the NYS Governor signed into law, Bill No. A10742/S8160 (the “ethics bill”) which, in relevant part, requires that 501(c)(3)s disclose some of their donor identities if that 501(c)(3) makes in kind or monetary donations to any 501(c)(4) that engages in significant lobbying in NY. This requirement went into effect on November 22nd.
As you may have heard, a federal Judge has temporarily blocked the implementation of the new Overtime Final Rule, originally set to begin on December 1, 2016. In this case, the Judge found that the Department of Labor exceeded its authority in adding a salary test to the existing duties test when determining eligibility for overtime.
The DOL Final Rule on sick leave for federal contracts will NOT apply to most nonprofits because grants and cooperative agreements are not covered. However, as the Rule does apply to subcontracts, nonprofits should review their sources of federal funding to ensure that they are not covered.
Effective July 1st, 2016 the user fee to process FORM 1023-EZ (application for recognition of exemption under 501(c)(3) status) is lowered from $400 to $275.
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President Obama and Secretary Perez announced that the Department of Labor’s final rule on overtime under the Fair Labor Standards Act will automatically extend overtime pay eligibility to 4.2 million workers. The rule will entitle most salaried white collar workers earning less than $913 a week ($47,476 a year) to overtime pay.
The U.S. Department of Labor has recently proposed regulatory changes that could dramatically expand the population of employees entitled to receive overtime pay.