Federal Funding Available to Offset Reduced Staffing

By |2020-04-16T23:39:44+00:00April 13th, 2020|COVID-19, Employment|

Since the CARES Act was enacted on March 27, there has been a storm of information about how the federal government is assisting businesses, nonprofits, and employees. An overlooked area of the CARES Act is the federal subsidy to state-based short-time compensation agreements. Wisconsin has a short-time compensation program called Wisconsin's Work-Share Program. A work-share program provides employees with partial unemployment insurance (UI) benefits when their employer has temporarily reduced worker hours. The employees with reduced hours receive a pro-rated UI benefit to offset this reduction in paid wages, implemented by the employer in lieu of laying off workers. Wisconsin's Work-Share Program's general [...]

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SBA Loan and Employment Guidance

By |2020-04-16T23:31:19+00:00April 8th, 2020|COVID-19, Employment, Nonprofit|

Hello friends and colleagues, Thanks to the support of the Madison Community Foundation, over the past two days, Scholz Nonprofit Law has hosted several seminars on the Coronavirus Aid Relief and Economic Support Act (“CARES”), and related options for financial support and sustainability during these challenging times. If you want to listen to a recording of the seminar, see here. We focused our seminar on two topics (i) SBA loan programs available to nonprofits, and (ii) employment challenges nonprofits are facing. Jeff Femrite discussed (i) the SBA’s Paycheck Protection Program (“PPP”) loans (which may be totally forgiven if used [...]

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CARES Act Impact on Nonprofits

By |2020-04-16T23:31:31+00:00March 29th, 2020|COVID-19, Employment, Nonprofit|

Dear clients, better known as friends and colleagues: We know this is a difficult time for so many, personally, as well as for your organizations. Know that we’re concerned and thinking of you! We are keeping track of opportunities for assistance for nonprofits and will keep providing information as it becomes available (and we have the chance to digest it). For today, below is a brief summary of provisions of the federal Coronavirus, Aid, Relief, and Economic Security (CARES) Act that apply to nonprofits. As we learn more details, we will keep updating the Scholz Nonprofit Law blog. The [...]

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Updates to FFCRA, effective April 1

By |2020-03-29T14:00:42+00:00March 27th, 2020|COVID-19, Employment, Nonprofit|

All employers with fewer than 500 employees, including nonprofits, must provide two weeks of paid leave and likely are required to provide up to 12 weeks of paid FMLA under FFCRA. Employers will be paid back by the government through a payroll tax offset or additional refunds. The only exemption for the FMLA paid leave is for employers with 50 than fewer employees for whom this obligation would jeopardize their viability. We have no details on that at this point so all employers should assume they will be required to do this and get reimbursed. Details below. Notice requirements [...]

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COVID-19 Response Update

By |2020-03-29T14:01:44+00:00March 25th, 2020|COVID-19, Employment, Nonprofit|

The past two weeks have been….a lot. It has been a shake-up for all of us personally and is certainly impacting the nonprofit community. We want to support our community in these difficult times and will send out periodic updates. As a start: Our team remains available to assist as your organization pivots in the wake of this COVID-19 crisis. While our office is temporarily closed, all members of our team are available to you by email, mobile phone or teleconference. See contact information below. We are monitoring emerging laws affecting the nonprofit community and will share resources that [...]

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New Overtime Rule Salary Limit for Exempt Employees

By |2019-10-11T00:54:00+00:00October 11th, 2019|Employment|

What it is and what employers need to do now On September 24, 2019, the Department of Labor issued a final rule on overtime pay eligibility increasing the minimum salary threshold to $35,568 annually or $684 weekly. This followed a halted, never-implemented rule announced in 2016 to increase the level to $47,476. The increase is the first since 2004 and will take effect on January 1, 2020. Overview of determining overtime pay exemption. Any work performed by an employee that exceeds 40 hours per week is “overtime.” All employees, including nonprofit employees in almost every case, are eligible [...]

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How to Conduct Meaningful Performance Reviews

By |2019-04-25T17:53:14+00:00February 19th, 2019|Employment|

An indispensable element to a strong & stable work force Performance reviews are the employment equivalent of annual physical exams. Many dread them. While some schedule one each year, others avoid them until and unless problems arise that cannot go ignored. When used properly, performance reviews are excellent investments in staff and an organization. From a legal perspective, you are in a much stronger place to make decisions about promotion, compensation, and continuation of employment when you have provided and received input throughout the employment period. Performance reviews should be an ongoing process. Feedback—positive and negative—should be a continuous, [...]

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Alternatives to Arbitration Clauses in the Wake of Epic v. Lewis

By |2019-04-25T00:09:43+00:00May 24th, 2018|Employment|

There was a huge employment news day this week. You may say it was Epic. The Supreme Court issued its decision on Epic Systems Corp. v. Lewis allowing for employers to hold employees to binding individual arbitration agreements even in class action situations. There are many excellent articles that explain the importance of this decision such as these in the New York Law Journal and the Washington Post. What does this mean to the small employer? In short, this ruling favors large employers and disadvantages the employees that work for them. Generally, we at Scholz Nonprofit Law find that [...]

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Summer Hires

By |2019-04-25T18:42:58+00:00April 19th, 2018|Employment|

Summer Help: Temporary Employee, Independent Contractor, or Volunteer? Despite the incredible blast of winter we are experiencing this April, summer is coming. [Just an expression of faith!] With summer comes summer help. Whether it's a stand-alone project or coverage for vacationing staff, it's a rite of passage for many--we were once the young, bright intern and now take the role of the wise, experienced employer. While this type of relationship can be a win-win for your organization and a student looking for a real-world experience, bringing on summer help can be a risk to your organization if classification of [...]

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Fair Labor Standards Act (FLSA) New Rules Suspended

By |2019-04-25T00:06:49+00:00November 29th, 2016|Employment|

The new FLSA rules that were scheduled to take effect on December 1, 2016 were suspended by a federal judge last week. This means employers are not required to implement the new rules regarding treating employees who make less than $47,476 as “non-exempt” under the FLSA. Of course, if you've made promises for raises, those may be hard to reverse.  However, the ruling does mean that employees earning $23,660 or more per year (the current salary level) may be spared from adding overtime recordkeeping obligations and may continue to take advantage of flex-time arrangements if they meet the other [...]

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