Is worker in rehab an employee or a volunteer?

One would expect that the answer to this question would be clear by now. But, at least in California, it is not a settled issue, and an appellate court has attempted to establish a new standard by which to determine the answer.

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February Webinar

Top 10 Critical Policies for Nonprofits
Wednesday, February 11, 2026
1:30-3:00 PM ET

Having good policies is essential to good governance.

Most nonprofits have policies on conflicts of interest, whistleblowers and document destruction and retention because the IRS asks if you have them on your Form 990 tax information return. We will discuss in detail the critical issues in these policies so that you can see if your policies measure up well for your needs.

We will also go deep on some additional policies of real importance in the current environment:
Compensation policies
Confidentiality policies
Advocacy policies
Third-party fundraising policies
Social media policies
Remote work policies
Privacy and data security policies

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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.

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SAY THAT AGAIN?

May 30, 2025

The loan agreement says: “All contractual rates of interest chargeable on the outstanding Term Loans shall continue to accrue and be paid even after default, maturity, acceleration, judgment, bankruptcy, insolvency proceedings of any kind or the happening of any event or occurrence similar or dissimilar.”

A former banker friend says that “any event or occurrence similar or dissimilar” is some lawyer “fancy talk” for “the kitchen sink!”

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.
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Is worker in rehab an employee or a volunteer?

Is worker in rehab an employee or a volunteer?