Court limits FLSA class action certification
A federal District Court in New York has granted a conditional class certification for Fair Labor Standards Act claims against a nonprofit dedicated to helping persons with disabilities, but has limited the class to direct service workers for which the plaintiff’s claims were “barely adequate.”
Can nonprofit recover fees for fighting derivative suit against corporation?
Three members of the board of a nonprofit homeowners’ association in Tennessee, a former director, and two other members of the association filed what they called a “derivative” action in 2018 against the association for the appointment of a receiver to administer the affairs of the organization. The association moved to dismiss the case on the ground that the relief could be sought only in a “derivative” action brought on behalf of the corporation and that the plaintiffs had not met the requirements for bringing such a suit.
Farmers denied deduction for transfer of crops to CRAT
A husband and wife pair of farmers has been denied a charitable contribution deduction for a transfer of crops to a charitable remainder annuity trust, and the annual annuity payments they have received in return are subject to ordinary income tax, the Tax Court had held.
School District may not challenge exemption in trial court
A school district that argued only that hospital property was “underassessed” in a proceeding before the municipal taxing authority may not argue for the first time on appeal to court that the property should not be exempt at all, the Pennsylvania Commonwealth Court has held.
Gender and Race Gaps Narrow Slightly On Boards of Philadelphia Area Meds and Eds
The Women’s Nonprofit Leadership Initiative and the Nonprofit Center of La Salle University have published an updated report focused on the boardrooms of the Philadelphia area’s largest nonprofit medical and educational institutions (“meds” and “eds”). The report reveals that many have made significant progress in the last three years in increasing the gender and racial diversity of their governing bodies.
Volunteer not liable when lantern falls
When a dancer at an event hosted by a nonprofit organization in a city facility was injured by a lantern that had been hung by a volunteer fell from the ceiling, she sued the volunteer and the city for her injuries. The Supreme Court of Alaska has affirmed a trial court decision granting summary judgment to dismiss the city and a jury decision finding that the volunteer was not negligent. Strangely, the injured woman had not sued the nonprofit organization for which the volunteer was working.