Month: November 2016

News Brief: Delay on New Overtime Rule

Last May, we described the U.S. Department of Labor’s new overtime rule, which increases the salary threshold for overtime pay and makes millions of workers newly eligible for overtime. The rule was set to go into effect on December 1, 2016. This week, however, a federal district judge issued a preliminary injunction against the rule. The case, State of Nevada, et al. v. United States Department of Labor, was brought by the attorneys general of 21 states and other plaintiffs representing business interests. The judge found that the plaintiffs’ claim was likely enough to succeed that the rule should...

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Article of the Week: Should Delaware Be Your Nonprofit’s Home?

In the business world, Delaware is often touted as the best state for incorporation. This is largely due to its well-established body of corporate law and the ease of forming a corporation there. These advantages can also apply to nonprofit corporations, and in fact, many nonprofits choose to incorporate in Delaware. I recently came across this article from the American Bar Association listing the many benefits of incorporating a nonprofit in Delaware. As the author notes, if your nonprofit is based in New York, these benefits may tip the scales in favor of Delaware. But I find the reasons...

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Article of the Week: Do Nonprofits Need Nonprofit Lawyers?

It’s a common practice for nonprofit organizations to receive pro bono legal assistance from lawyers who practice other types of law; sometimes they’re business lawyers or tax lawyers who have some knowledge of the issues that affect nonprofits, but they could just as well be litigators or real estate lawyers who need to provide a state-mandated amount of free legal services. While this pro bono work is admirable, nonprofits face a host of unique – and often complex – legal issues that are best addressed by a lawyer who makes nonprofit law his full-time job. This article from the...

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News Brief: Update on Cuba Travel

Since President Obama’s announcement in December 2014 that the United States would normalize relations with Cuba, there has been a flurry of interest in visiting Cuba. But despite popular perception, Cuba isn’t yet fully open to American travelers. If you’re considering a trip to Cuba, it’s important to understand the current state of the law. First, remember that the Cuba embargo remains in place, and free and unrestricted travel to Cuba is still prohibited. But certain activities, including travel, have become easier. You can now travel to Cuba for one of twelve designated reasons without having to apply for...

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