03 Feb

Notes from Oct 19th ONE Luncheon – What Nonprofits Need to Know about Wage & Hour Law

Presenter:  Attorney Denise Blommel

Notes by:  Anne O’Malley Edelstein – Arizona Academic Decathlon

1/3 of workers are contingent workers

Who is a 1099 and who is a w-2 employee?

3 years in minimum wage records available for audits

As of December 1st, 2016 – Exempt salary min.

Overtime pay was instituted to try and increase employment rather than pay overtime.

Minimum wage in AZ is $8.05

FLSA – Overtime

    • 40 work hours per week
    • Can keep a peerson on salary but you can pay overtime.
    • Breaks and meals – one break has to be given only to nursing mom for 1 year per Federal law
    • No breaks required by AZ law – non exempt employees
    • Outside of agriculturural work – no one under 14 years old
    • An employee can bring a civil action suit against an employer

White collar exemptions:

    • Executive, administrative, professional
    • Computer professional is the only one who can be hourly –  all others must me on salary

Salary docking – for an exempt employee can prorate  for the 1st day of work and the last day of work

Safe Harbor – policy must be included in employee handbook

Jan 1st, 2020 – $913 week goes up by the cost of living

Non wage – bonus, commissions, sick pay, vacation pay, certain benefits not included in the $8.05/hour or the $913/week

Industries – exempt from FLSA

    • Amusement park if seasonal
    • Others

Employers – $500,000 revenue threshold

27 Jun

Top 10 “TakeAways” June 15 – Employment Contracts & Separation Agreements

Presenters – Ellis Carter of Carter Law Group, P.C. & Deanna Rader of Rader Mayrose LLP

1. All employment relationships are contractual in nature, but unless a written agreement is signed, the relationship can be terminated by either party at will.
2. A written contract should be seriously considered for non-profit executives. The contract can be flexible in the terms, including if it is able to be terminated at will or only for cause.
3. The contract is not enforceable unless signed by both parties (the executive and board president). The contract should be approved at the Board level and recorded in the minutes.
4. It is worth having an employment attorney create the contract. Contracts found online may not have the correct legal terms for your state or situation. Employment attorneys can create a contract quickly and inexpensively.
5. Compensation included in a contract should be Fair Market Value unless there is a very specific cause for excess benefit.
6. It is better to not make one lump sum for a retirement package, but rather smaller deposits to a retirement account. A large lump sum will be taxed at a higher rate.
7. Contracts are beneficial to both the employee and the organization! It is better to be prepared with a contract rather than handling a crises when you are in it.
8. Do not pay a severance package without getting a severance agreement! The agreement can include a waiver and release of claims, confidentiality statement, nondisparagement statement, transition services, and continued availability.
9. The employment contract should include specifics to keep the organization protected – examples: including a noncompete; including a stipulation that the executive cannot recruit existing employees for some designated amount of time; a note that the executive cannot solicit donors; etc.
10. A contract helps mitigate the risk of an executive leaving an organization (i.e. perhaps they are recruited) without a solid transition plan in place. It’s a hardship to an organization when an executive leaves without a plan.

Thank you to Jalenna Francois & Chris Linn of Feeding Matters for their TakeAways.

27 Jun

Top 10 “TakeAways” from May 18 – A Necessary Evil: Social Media Pitfalls

Presenter – Michelle Davidson – Office of Congresswoman Kyrsten Sinema AZ-09

1. Social media isn’t optional anymore
2. Social media fulfills its promise of getting your message out to the masses.
3. There is power in video
4. Use concise, active words, not passive
5. Check spelling and grammar
6. Don’t “feed the monster”
7. Create an external and internal social media policy
8. Beware of “trolls”
9. Don’t give them broccoli, give them cheese – Make it exciting/interesting
10. Respond as quickly as possible for your agency to comments

Thank you to Dana Terrazas of Child Crisis Arizona for her “TakeAways”.