Home for abused, neglected children not under FLSA

A nonprofit that provides residential care for child victims of abuse, neglect and abandonment is not subject to the federal Fair Labor Standards Act a federal District Court in Texas has held in dismissing a suit for overtime pay for direct care personnel.

IRS may levy to collect excess benefit taxes

The IRS may proceed to levy to collect more than $1.3 million in excess benefits taxes and nearly $600,000 in late payment penalties against a husband and wife couple that ran a 501(c)(3) pre-school, the Tax Court has ruled.

Landowner Can’t Enforce Conservation Easement on Neighbor

Maine Court denies standing for owner of land burdened by the same easement granted to land trust

A divided Supreme Court in Maine has denied standing to an owner of real estate burdened by a conservation easement seeking to enforce the terms of the easement against an adjacent landowner to whom the owner sold the property burdened by the same easement.  In a 5-2 decision, the Court has affirmed a trial court decision denying standing on the ground that it is not authorized under the state’s law modeled on the Uniform Conservation Easement Act.

Volunteer firefighters may be able to sue under Title VII

Two volunteer firefighters who claimed that the remuneration and benefits they received from their volunteer firefighter services are sufficient to make the “employees” for purposes of Title VII harassment and retaliation claims have seen their claims survive a motion to dismiss in federal court.

Archers’ names for deer control not public

The Pennsylvania Commonwealth Court has held that names of volunteer archers and landowners who participated in a municipal deer control program are protected from disclosure under the “donor” provision of the state’s Right To Know Law.

Bankruptcy Court Can’t Join Catholic Affiliates to Archdiocese Case

Consolidation would violate Code’s prohibition on involuntary bankruptcies of nonprofits

A federal District Court in Minnesota has affirmed a Bankruptcy Court decision refusing to join more than 180 separate Catholic affiliates in the bankruptcy proceeding of the Archdiocese of St. Paul and Minneapolis.  The Court has ruled that the action would violate the Bankruptcy Code’s prohibition against involuntary bankruptcies against a corporation that is not “a moneyed, business or commercial corporation.”