Separate entities are not single or joint employer
The University of Alabama and the University of Alabama Health Services Foundation, P.C. are not a single employer or a joint employer for purposes of a Title VII discrimination and retaliation suit, a federal District Court in Alabama has held. It has dismissed the case against the foundation on the ground that the plaintiff was an employee only of the university.
Tina Phillips filed the case against both organizations when she was let go from her position as a financial officer whose duties dealt with both the university and the foundation.
Educational foundation loses exemption for inactivity
A nonprofit organization formed to provide conservative research and education on public policy issues of particular impact on minorities has lost its charitable exempt status because of inactivity. The Tax Court has affirmed the revocation of 501(c)(3) status by the IRS.
The ABF Educational Foundation, Inc. was incorporated in 2001 and has operated under several other names, most recently the Community Education Foundation. Its sole officer, director and representative is D. Dante Anthony Hayes.
Another Charity Wins Injunction Against Requirement for Schedule B
A second charity dealing with controversial issues has won a permanent injunction against enforcement of California’s demand that an unredacted Schedule B has to be filed with the state in order to register for charitable solicitation in the state. The Thomas More Law Center has won the injunction against Secretary of State Kamala Harris on the ground that enforcement of the demand for the list of major contributors would violate the center’s Constitutional rights.
Bank May Attach Income From CRUT
A bank holding a judgment against the income beneficiary of a charitable remainder unitrust may attach and collect the income from the beneficiary despite a “spendthrift” provision in the trust preventing a creditor from attaching the income, an appellate court in Arizona has held. Interpreting the Washington state law that all parties agreed was applicable to the trust, it has held that state law specifically provides that a spendthrift provision does not apply to a trust created by the beneficiary.
Union member may compel membership list
A union member may compel a union, incorporated under the Oregon Nonprofit Corporation Act, to provide a membership list including names and email addresses, but the union did not violate the law by submitting a proposal to the members to become an unincorporated association, according to the Court of Appeals of Oregon.
Fired employee can’t recover from co-workers
The fired deputy director of the Marshfield Clinic Research Foundation in Wisconsin cannot recover damages from co-workers who he claimed tortiously interfered with his at-will employment, the Seventh Circuit Court of Appeals has ruled. The statements they made during consideration of the deputy director’s status were substantially true, it said.
Interpreting what it believed state courts would hold, the Court said the employee could not collect when the statements were substantially true, “no matter the motives underlying those statements.”