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Protecting Donors and Charities: Four Steps Faith-Based Nonprofits Should Take Following AFPF v. Rodriquez
Napa Legal Staff
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Issue Area
Supreme Court
Corporate Governance
Donor Privacy
Planned & Charitable Giving
Format
Blog
Blog
Two 501(c)(3) nonprofits will advocate for First Amendment protections for nonprofits and their donors before the U.S. Supreme Court on Monday, April 26. The nonprofits, Americans for Prosperity Foundation and the Thomas More Law Center, challenge a California charities regulation that requires most nonprofits fundraising in California to give...
Perspective
De-Platforming Example Action Plan
Napa Legal Staff
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Issue Area
Big Tech
Religious Identity
Format
Template
Template
Use this step-by-step action plan to respond quickly and effectively to a de-platforming. An organized response will minimize the harm a de-platforming will inflict on your organization and those you serve.
Perspective
FAQ: How De-Platforming Can Impact Faith-Based Organizations
Napa Legal Staff
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Issue Area
Big Tech
Format
Blog
Blog
What happens if a social media provider de-platforms my organization? If a social media provider de-platforms your organization, you lose some or all access to your account with that provider.[1] In some instances, your organization’s account...
Perspective
De-Platforming: The Threat Facing Faith-Based Organizations
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Issue Area
Big Tech
Religious Liberty
Format
Policy Report
Policy Report
Big Tech's unpredictable de-platforming of faith-based organizations and their leaders has become so frequent that faith-based organizations can no longer rely on continuous service from these companies, particularly social media providers. Faith leaders must respond decisively to the changed landscape.
Perspective
Vaccination Rollout: Recognizing Clergy as Essential Workers
Napa Legal Staff
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Issue Area
COVID
Religious Identity
Format
Policy Report
Policy Report
Forty-three states and the District of Columbia are failing to prioritize clergy in their vaccine rollouts despite federal guidance. This report from Napa Legal details the issue so that negligent states can update their distribution plans to ensure that clergy are not forgotten as essential workers.
Perspective
2021 Updates to Paid Leave Under FFCRA
Lee Cotugno
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Issue Area
Financial Health & Solvency
COVID
Format
Blog
Blog
The mandatory paid leave programs created under the Families First Coronavirus Response Act of 2020 (“FFCRA”) ended on December 31, 2020. However, the Consolidated Appropriations Act, 2021 (“2021 Act”), signed into law on December 27, 2020, allows for voluntary paid leave and tax credits for employers for a limited period of time and makes other changes that will affect the workplace for all employers, including nonprofits.
Perspective
Five Takeaways for Nonprofit Leaders from the Consolidated Appropriations Act, 2021
Napa Legal Staff
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Issue Area
Religious Liberty
COVID
Financial Health & Solvency
Format
Blog
Blog
The most recent coronavirus relief bill, the Consolidated Appropriations Act, 2021, (the “2021 Act”) expands on and extends existing programs created by previous relief acts. The main updates expand and continue programs under the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, including the Paycheck Protection Program and the employee retention credit program, and the Families First Coronavirus Response Act (“FFCRA”).
Perspective
Religious Liberty and PPP, Revisited
Napa Legal Staff
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Issue Area
Religious Liberty
COVID
Financial Health & Solvency
Religious Identity
Format
Blog
Blog
The Consolidated Appropriations Act, 2021 does not significantly reduce the religious liberty-related concerns that SBA loan programs pose to faith-based loan applicants. In fact, changes in executive and legislative priorities may have increased cause for concern in this area. Many faith-based organizations have considered accepting federal financial assistance through the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act loan programs (the Paycheck Protection Program, or “PPP,” and the Economic Injury Disaster Loans, or “EIDL”) and the new relief under the Consolidated Appropriations Act, 2021 (the “2021 Act”).
Perspective
What to Do if Your Nonprofit Relies on Big Tech
Napa Legal Staff
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Issue Area
Big Tech
Format
Whitepaper
Whitepaper
The first months of 2021 brought new sources of division, as “Big Tech” companies elected to suspend business relationships and censor several religious organizations on grounds that their views were unacceptable in the public square. Chilling examples include Twitter’s recent lockdowns of accounts operated by Catholic World Report and The Daily Citizen.
Perspective
PPP Loan Program Overview Presentation
John C. Peiffer II
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Issue Area
COVID
Format
Blog
Blog
Perspective
Understanding Political Activity and Issue Advocacy: An Introduction for Tax-Exempt Nonprofits
Timothy Noonan
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Issue Area
501(c)(3) Status
Lawsuit Prevention
Tax Compliance
Corporate Governance
Risk Management
Format
Whitepaper
Whitepaper
With election day quickly closing in, leaders of 501(c)(3) tax-exempt organizations should protect their organizations’ tax-exempt statuses by revisiting the Internal Revenue Service (“IRS”) restrictions on political activity and ensuring their organizations remain in compliance.
Perspective
Faith-Based Nonprofits and Federal Agencies: Four Ways the Election Can Impact Your Organization
Napa Legal Staff
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Issue Area
Religious Liberty
Risk Management
Format
Blog
Blog
The presidential election will impact faith-based nonprofits in many ways. One of the most important involves the President’s authority to, with Senate consent, appoint the individuals who lead key federal agencies.
Perspective
What You Need to Know: Faith-Based Organizations and the Coronavirus Pandemic
Napa Legal Staff
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Issue Area
COVID
Format
Blog
Blog
From Why Faith-Based Organizations are Important During a Crisis to How the CARES Act Financially Impacts your Religious Nonprofit
Perspective
What Does it Mean to Be a “Religious Organization”?
Napa Legal Staff
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Issue Area
Religious Liberty
Lawsuit Prevention
Religious Identity
Format
Blog
Blog
Faith-based nonprofits need to understand how to establish their eligibility for religious exemption and religious liberty protections.Failing to do so can cause the organization to inadvertently forfeit exemptions and protections for which the organization was qualified.
Perspective
The Employment Self-Audit: Putting Religious Liberty & Employment Protections into Action
Lee Cotugno
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Issue Area
Lawsuit Prevention
Employment
Risk Management
Format
Blog
Blog
Recent decisions by the United State Supreme Court have strengthened the legal protections afforded to religious employers. However, these legal protections are not automatic – they can be waived if a religious employer adopts policies or engages in practices that are inconsistent with the new (and evolving) standards.
Perspective
Little Sisters of the Poor Saints Peter and Paul Home: Six Takeaways for Faith-Based Nonprofit Employers
Napa Legal Staff and Kathy Redmonds
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Issue Area
Supreme Court
Religious Liberty
Lawsuit Prevention
Employment
Format
Blog
Blog
In the short term, Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania protected religious organizations from being required to provide contraception under the Affordable Care Act (“ACA”) regulations. However, the decision left important questions unanswered, so litigation challenging the religious exemptions continue throughout the country.
Perspective
Updates on the Ministerial Exception: What Nonprofit Leaders Need to Know about the Supreme Court’s Opinion in Our Lady of Guadalupe
Kaytlin Roholt Layne
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Issue Area
Supreme Court
Religious Liberty
Lawsuit Prevention
Employment
K-12 Education
Format
Blog
Blog
In Our Lady of Guadalupe School v. Morrissey-Berru, the Court held that the First Amendment to the U.S. Constitution protects a religious organization’s freedom to hire and fire key personnel who play an essential role in the institution’s religious mission. The decision offers valuable guidance for faith-based employers seeking to understand the scope of the ministerial exception.
Perspective
Final Treasury Regulations Address IRS Form 990 Schedule B Donor Disclosure Requirements
Gabrielle Mercurio and John Peiffer
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Issue Area
501(c)(3) Status
Tax Compliance
Corporate Governance
Donor Privacy
Format
Blog
Blog
Prior IRS regulations required most exempt organizations to disclose the names and addresses of contributors who donated more than $5,000 (“substantial contributors”) on the Schedule B addendum to the organization’s IRS Form 990. Under new IRS regulations, only organizations exempt under Internal Revenue Code § 501(c)(3) or § 527 must include names and addresses of substantial contributors on Schedule B.
Perspective
Considerations and Resources for Reopening Catholic K-12 Schools
Gabrielle Mercurio
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Issue Area
COVID
K-12 Education
Lawsuit Prevention
Format
Blog
Blog
In the midst of the ongoing COVID-19 pandemic, Catholic schools face quite the task as they look to develop reopening plans for the fall that prioritize not only continuous education but, most importantly, the health and safety of school community members.
Perspective
Change is in the Air: Updates to the Paycheck Protection Program
Napa Legal Staff
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Issue Area
COVID
Corporate Governance
Format
Blog
Blog
Changes to the Coronavirus Aid, Relief, and Economic Security Act (“CARES”) Paycheck Protection Program (“PPP”) were signed into law on June 5, through the Paycheck Protection Program Flexibility Act. The changes make the PPP loan terms and forgiveness program more favorable to borrowers.
Perspective
Returning to Mission: Five Steps to Prepare to Reopen
National Risk Assessment Team, Gallagher & Dan Romanski
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Issue Area
COVID
Leadership
Corporate Governance
Format
Blog
Blog
COVID-19 and its impacts on daily life have been etched into our minds and may affect us for a long time. Human and social services agencies and nonprofits have stepped up and continue to serve vulnerable communities across the globe. As a nonprofit, in some cases, certain aspects of your operation may have been closed while others became more essential than ever.
Perspective
CARES Act § 2205: Another Incentive for Charitable Donations
Kevin Stidham
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Issue Area
Financial Health & Solvency
COVID
Format
Blog
Blog
The Coronavirus Aid, Relief, and Economic Security Act (CARES) Act raises the amount individuals and corporations can deduct from their adjusted gross income for charitable donations made during 2020. This deduction can be taken by individuals who itemize their deductions on their federal tax return.
Perspective
Subsidiarity in a Time of Fear: The Role of the Charitable Sector
Holly Bahadursingh
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Issue Area
Religious Identity
Starting a Nonprofit
Planned & Charitable Giving
Format
Blog
Blog
Since at least the beginning of the last century, American government has expanded in size and scope, especially during times of fear and economic crises like the Great Depression, the Great Recession, and now the Coronavirus shutdown. The results tend to de-emphasize communitarian solutions offered at the local level in favor of top-down solutions at the national level.
Perspective
Best Practices: Creating a Compliance Calendar
Napa Legal Staff
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Issue Area
Record Keeping
Starting a Nonprofit
Corporate Governance
Risk Management
Spiritual Entrepreneurship
Format
Blog
Blog
Using a compliance calendar can minimize the risk of fines and penalties associated with missed or late filings and have a measurable impact on an Organization’s efficient functioning, financial bottom line, and reputation.
Perspective
Considerations for Nonprofit Employers Beginning to Re-Open
Lee Cotugno
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Issue Area
COVID
Lawsuit Prevention
Employment
Risk Management
Format
Blog
Blog
As the country emerges from the shutdown resulting from COVID-19 pandemic, planning will be essential to ensure workplace safety and to avoid legal complications.To assist in this effort, guidance has been offered by federal and state governments, as well as by the private sector. Rules and guidance established by governmental entities, in particular, those of an organization’s home state and locality, should be carefully reviewed and followed to ensure legal compliance.
Perspective
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