July 16-August 15, 2010

July 16, 2010 - August 15, 2010

Lead Stories

Email Notice Ineffective When Not Specified in Bylaws

Court says notice to nominating committee failed when email was not included in list of approved methods

Agency’s Insurance Doesn’t Cover Physician Treating Private Patient

Court says telling suicide victim not to become agency’s patient shows that treatment was rendered outside scope of employment

Triathlon Club Ordered to Indemnify New York City for Accident During Race

Court says nonprofit has obligation to pay any damages for which City may be ultimately responsible

Behind the Numbers

Can we still call ourselves a nonprofit until we get 501(c)(3) status?

Does a nonprofit have to be 501(c)(3)? We are incorporating and filing/drafting by-laws. Can the 501(c)(3) portion wait if we don't take in any funds and can give charitable contribution receipts by an umbrella org? Can we still call ourselves a nonprofit until we get 501(c)(3) status?

Lessons from Litigation

Is facility liable for “mad” employee’s scalding of resident?

Who owns the right to name of Golden Acres?

Tax Matters

Court denies exemption to congregate living facility

Property leased to for-profit religious camp is exempt

LIHTC project not exempt from real estate tax

Employment Law

Employee loses FMLA claim when he didn’t ask for leave

Employee loses FMLA claim when restructured out of a job

Disciplinary warning is not basis for ADEA claim

April Webinar

IRS Form 990: Public Relations Opportunity or Trap for the Unwary?

Wednesday, April 9, 2025
1:30-3:00 PM ET

Because Form 990 tax information returns are instantly available to anyone anywhere at any time on the Internet, they can be a nonprofit organization's most important public relations document.

They can also be traps for the unwary that lead to confusion, serious adverse publicity, media inquiries, and governmental sanctions.

This session will explore the full (long form) Form 990 from the perspectives of the organization, a potential donor or employee, and a regulator. It will discuss the most common errors and best practices for using the Form as a tool to further the organization's mission.

Learn more and register

Nonprofit bylaw review

Don Kramer will review and comment on your own current or proposed bylaws

Do your Bylaws reflect the way you actually operate? Do they protect the interests of those who should be protected? Do they spell out clearly how to deal with governance issues? Or do they create uncertainty for those who have to implement them?

Most nonprofits don't spend a lot of time looking at their Bylaws until there is a question or a dispute. That's when you need bylaws that are clear and unambiguous, so your questions on how to proceed are already answered. That's when bad bylaws can lead to unnecessary controversies or even costly litigation. Nonprofit Issues editor Don Kramer will review your current or proposed Bylaws to see if they work for you.

Learn more

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SAY THAT AGAIN?

October 29, 2024

Marketers love to make their prospects feel special. But they sometimes don’t seem to want you to think about what they say to do it.

I received two items recently that made me wonder what they were thinking.

I got a package of discount coupons in the mail that touted a “specially curated” set of offers. I thought they might have my personal interests at heart until I saw it was addressed to “Resident.”

I also got a text message saying that “Kellyanne Conway wants YOU and only YOU to know what the latest polling shows” about the Presidential election. I could click the link to read the “exclusive” memo.

And I will be the only one to know? Really? Do they really think the recipients are that stupid?

See our "Say That Again" collection

Special Report Available

Increasing Gender Diversity on the Boards of Nonprofit Eds and Meds: Why and How to Do It

This report provides a rare inside view on barriers women face to selection and success that are particular to nonprofit organizations and makes specific recommendations on how to improve the gender ratio.
Download the full report free

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