Many nonprofits seek to fund their organization through charitable solicitation (seeking and receiving donations), but the legal consequences of fundraising can get confusing when an organization is receiving funds from different states with different laws governing charitable solicitation. Charitable solicitation registration requirements are how states regulate nonprofits’ fundraising and protect their citizens from swindlers. Basically, this means that to fundraise in a state, a nonprofit is often required to fill out an application or registration and be approved to solicit or receive funds within that state. Nonprofits must ensure the organization is following the laws in each state where they solicit or receive funds.

The danger of noncompliance is revealed in a recent federal Tax Court case called XC Foundation v. Commissioner, which presents a cautionary tale for nonprofit organizations. When an organization fails to do something as basic as remain in good standing in its state of incorporation, the consequences can be as severe as losing its ability to have standing in court, even losing its right to exist.

The Fair Labor Standards Act is a federal law requiring that employees be compensated at least the minimum wage of $7.25 per hour worked and that employees receive overtime pay of at least 1.5x their normal hourly pay if they work more than forty hours in any given week. There are six categories of employees who are exempt from these requirements. For any employees that fall into at least one of these categories, their employers do not have to pay them minimum wage or overtime pay. This whitepaper walks through the components of each of the six exemptions and what they mean for your nonprofit organization.

Nonprofit organizations across the country play a crucial societal role by aiding those in need. However, due to their not-for-profit ethos, these organizations often face funding and human resources constraints. To overcome these challenges, many nonprofits turn to independent contractors to obtain specialized skills and expertise in a cost-effective manner. Hiring independent contractors can be a valuable strategy, but it also comes with its own set of considerations and responsibilities that nonprofits should be aware of. In particular, different government agencies define and classify the term “independent contractor” differently; it is important to understand this distinction to ensure that your organization is not accidentally treating contractors in a way that would inadvertently classify them as employees. In this article, we explore the key factors nonprofits should consider when hiring independent contractors.

On June 25, 2024, the Oklahoma Supreme Court handed down its opinion in Drummond ex rel. State v. Oklahoma Statewide Charter School Board, answering the important question of whether St. Isidore of Seville—a Catholic, virtual, K-12 charter school (the School)—can contract with the state’s Charter School Board (the Board) to operate with public funding in the State of Oklahoma. The Oklahoma Supreme Court ruled that the arrangement between the School and the Board was unconstitutional under the Oklahoma Constitution, as well as under the Establishment Clause of the First Amendment to the United States Constitution. It remains to be seen whether the Supreme Court of the United States will let the Oklahoma decision stand on state-law grounds or whether the Court will find that there is a potential conflict between Oklahoma’s law and the First Amendment’s Free Exercise Clause.