If you have been involved in the not-for-profit sector, particularly that subsect of the industry involving federally tax-exempt organizations under 501(c)(3) of the Internal Revenue Code, then you have probably come across well-intentioned colleagues using the words...
PLDO Law Blog
Nonprofit Organizations
Is A Not For Profit Organization Permitted To Engage In Lobbying Activities?
Lobbying provides an avenue through which charities can create change in communities and be a voice for the marginalized or disenfranchised in society. However, organizations exempt from taxation under the Internal Revenue Code ("IRC") Section 501(c)(3) are expressly...
Automatic Revocation of Tax-Exempt Status: A New Streamlined Process for Retroactive Reinstatement
Federal law mandates that most tax-exempt organizations file annual returns with the Internal Revenue Service (IRS). Following the enactment of the Pension Protection Act of 2006, and commencing in the 2007 tax year, tax-exempt organizations which fail to file...
GOVERNOR MCKEE MAKES LONG-AWAITED ANNOUNCEMENT OF RHODE ISLAND CANNABIS CONTROL COMMISSION NOMINATIONS
After much anticipation, Rhode Island Governor Daniel McKee made a move critical to advancing the state’s cannabis legalization efforts by naming his appointments to the new Cannabis Control Commission (“CCC”). The announcement of Kimberly Ahern, the Governor’s...
FIRST CIRCUIT EXPLAINS FLSA OVERTIME REQUIREMENTS FOR ADMINISTRATIVE EMPLOYEES
It is well settled that the Fair Labor Standards Act (“FLSA”) requires employers to pay certain employees overtime pay at one and one-half times the employees’ regular rate. 29 U.S.C.S. §207(a). However, certain employees are exempt from this overtime requirement,...
EXECUTING A CAREFULLY DRAFTED CONFIDENTIALITY AGREEMENT IN AN M&A TRANSACTION
The execution of a confidentiality agreement - or what is also referred to as non-disclosure agreement (NDA) - is typically the first official stage of any merger or acquisition. Prior to this stage, a general discussion may have already occurred, and relevant...
THE IMPORTANCE OF CONDITIONS PRECEDENT IN LICENSING, PERMITTING AND PURCHASE AGREEMENTS
A condition precedent is a condition in a contract that must occur before another party is required to perform. In purchase and sale agreements, there are often several conditions precedent that must be satisfied before a party is required to close. Particularly, in...
REMOTE WORKERS IN RHODE ISLAND: STATE REGS MAY CREATE PERSONAL JURISDICTION IN RHODE ISLAND COURTS
The United States District Court for the District of Rhode Island recently held that it had personal jurisdiction over an out-of-state employer, despite the fact that the employer only had one remote employee who worked in Rhode Island. That employee—who was also the...
