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Community Organization Representation Project (CORP)

CORP Model Policies and Legal Alerts

 

The below model policies and legal alerts are provided by the Justice & Diversity Center (JDC) of The Bar Association of San Francisco as a public service solely for informational purposes, without any representation that they are accurate or complete.

They do not constitute legal advice and should not be construed as such. JDC's provision of this information does not create an attorney-client relationship between JDC and the recipient and any other person, or an offer to create such a relationship.

Consult an attorney if you have any questions regarding the contents of the below documents.

Check back soon for more model policies and legal alerts!

 

Health Care Reform Management: Roadmap of Plan Changes Needed for Upcoming Plan Years (170KBPDFPDF): Seyfarth Shaw LLP has generously given permission to CORP to circulate this chart as it appeared in Lawyers Alliance for New York’s legal alert, outlining steps employers need to take to comply with the Patient Protection and Affordable Care Act (ACA). This Health Care Reform Management Alert is designed to provide an in-depth analysis of certain aspects of health care reform and how it will impact your employer-sponsored plans.

 

Fiscal Sponsorship Basics (49KBPDFPDF): The Volunteer Legal Services Program’s Community Organization Representation Project (CORP) has devised this legal alert, entitled “Fiscal Sponsorship Basics.” Fiscal sponsorship is an alternative to forming a traditional nonprofit public benefit corporation. A fiscal sponsorship relationship allows a charitable project to use the fiscal sponsor organization’s 501(c)(3) tax-exempt status to receive grants and tax-deductible contributions that it would otherwise be unable to receive. This legal alert is designed to 1) explore the different models of fiscal sponsorship and discusses the advantages and disadvantages of these types of relationships; and 2) explain the basic process for establishing a fiscal sponsorship relationship. Please contact CORP if you have any questions or would like a volunteer attorney to counsel your organization on this or any other nonprofit organization issues.

 

Penalties for Misclassifying Workers as Independent Contractors (49KBPDFPDF): The Volunteer Legal Services Program’s Community Organization Representation Project (CORP) has devised this legal alert, entitled “Penalties for Misclassifying Workers as Independent Contractors.” On January 1, 2012, California Labor Code Section 226.8 went into effect, imposing new harsh monetary penalties on employers that “voluntarily and knowingly” misclassify their workers as independent contractors, rather than employees. Employers continue to risk exposure to state and federal tax-related penalties for misclassification, in addition to the punitive penalties imposed by Section 226.8. This legal alert offers guidance regarding how to determine whether a worker is an employee or an independent contractor under the law, explores both state and federal penalties for misclassifying workers, and provides links to several resources that may be helpful as you navigate their way through this important legal issue. Please contact CORP if you have any questions or would like a volunteer attorney to counsel your organization on this or any other employment law or tax-related issues.

 

Social Media Usage and the Workplace (52KBPDFPDF): The Justice & Diversity Center's Community Organization Representation Project has designed the attached legal alert, “Social Media Usage and the Workplace,” for a California Nonprofit Public Benefit Corporation. The use of social media applications, such as Facebook, Twitter, and LinkedIn, have surged in the last few years. These applications and social networking sites have become part of the workplace and may pose significant risks for employers. This legal alert is designed to: (1) address the possible risks posed by social media usage by employees and (2) suggest best practices to implement in the workplace and formally adopt in your social media policy. Please note that this area of law is unchartered territory and there are few cases or statutes that address the issues implicated by social media usage in the workplace.

 

Executive Compensation Policy for a California Nonprofit Public Benefit Corporation (71KBPDFPDF): The Justice & Diversity Center's Community Organization Representation Project has designed the attached Executive Compensation Policy for a California Nonprofit Public Benefit Corporation. The redesigned IRS Form 990 significantly changes the reporting requirements for many tax-exempt organizations and increases the level of government oversight. Among these changes, the IRS now wants to know in more detail how your organization sets executive compensation and how much it is paying its executives. While instituting a written policy on compensation is not mandated by the IRS, such policies can improve transparency, accountability, and consistency. Instituting an appropriate executive compensation policy may also help an exempt organization avoid intermediate sanctions for excess benefits transactions. Additionally, by implementing an appropriate executive compensation policy, an organization can establish a rebuttable presumption that the compensation it pays its executive is reasonable.

 

Intellectual Property Law Basics for Nonprofits (31KBPDFPDF): The Justice & Diversity Center's Community Organization Representation Project (CORP) has designed the attached legal alert, “Intellectual Property Law Basics for Nonprofits,” for a California Nonprofit Public Benefit Corporation. Nonprofit organizations sometimes overlook one of their most valuable assets—their intellectual property. Many nonprofit organizations generate valuable ideas, images, marks, products, and reputations but do not take the necessary care of protecting these valuable assets. In addition to safeguarding the organization’s intellectual property, leaders of nonprofit organizations should be aware of their organization’s potential use of others’ protected property; infringing upon another organization’s rights, whether inadvertently or not, can have costly consequences. This overview is intended to cover some of the basics behind intellectual property rights so that organizations can identify where they may have a related legal issue. Please contact CORP if you have any questions or would like a volunteer attorney to help your organization work through any intellectual property issues.

 

Benefit Corporations and Flexible Purpose Corporations in California (88KBPDFPDF): TheJustice & Diversity Center's Community Organization Representation Project (CORP) has devised this legal alert, entitled “Benefit Corporations and Flexible Purpose Corporations in California: New State Legislation Permits Socially Responsible Corporate Formations.” As of January 1, 2012, California corporations have two new options for organization under the California Corporations Code: the benefit corporation and the flexible purpose corporation (FPC).  In a traditional corporation, directors and officers owe a fiduciary duty primarily to the shareholders of the corporation.  Both new forms of California corporations obligate directors and officers to consider the social and environmental impact of their actions on “stakeholders,” i.e., employees, consumers and the environment, as well.  This legal alert will discuss the advantages and disadvantages, as well as the legal requirements and potential liabilities, of both the benefit corporation and the FPC. Please contact CORP if you have any questions or would like a volunteer attorney to counsel your organization on this or any other nonprofit organization issues.