Senior center aide not covered by FLSA

A maintenance worker employed by a nonprofit adult day-care center is not entitled to coverage of the Fair Labor Standards Act when he fails to prove that the center is an enterprise engaged in commerce or that he is individually engaged in commerce.  A federal District Court in Illinois has dismissed the plaintiff’s claim for overtime wages.

Are Paintings Given for “Permanent Home” At College Considered Part of Endowment?

Court says common law doctrine of cy pres, UPMIFA are not relevant to the decision

Hotel magnate Eugene Eppley commissioned renowned American artist Grant Wood to paint a mural for the Hotel Montrose in Cedar Rapids, IA, in 1932.  When the hotel was sold in 1957, Eppley had the mural, known as “The Fruits of Iowa,” taken down and separated into seven separate panels.  He “loaned” the paintings to Coe College, where they remained on display for nearly 20 years. 

Member of public can’t review corporate records

A member of the general public has been denied the right to review the corporate records of a 501(c)(4) social welfare organization in Missouri.  A state appellate court has affirmed a trial court decision denying the request.

A new Missouri was incorporated as a nonprofit public benefit corporation to advance social welfare “by promoting ideas, policies and/or legislation to create more jobs, higher pay, safer streets, better schools, and more, for all Missourians.” 

Who pays worker’s comp for Rabbi’s housekeeper?

Lilia Orellana worked as an “off the books” housekeeper for Rabbi Eliezer Zaklikovsky and his wife in the home they occupied as head of the Chabad Lubavitch Jewish Center of Monroe, NJ.  When she slipped and fell on the stairs of their home, she was taken to the hospital for treatment.  The emergency room personnel would not treat her because her injuries were “work-related” and her employer had to be notified.  The Center did not maintain workers’ comp insurance.

Trump Must Pay $2 Million For Violation of Foundation Rules

Judge refuses to impose double damages because of agreement to avoid recurrence of wrongdoing

President Donald J. Trump has been ordered to pay $2 million in damages for improperly using the charitable assets of his private foundation to intervene in the 2016 Presidential election and further his political interests.  A trial court judge has rejected a request by the New York Attorney General that he be ordered to pay double damages because he has stipulated to “a number of proactive conditions so that the conduct which engendered this petition should not occur in the future.”

No recusal because defendant and judge aided same charity

A magistrate judge in Indiana has refused to recuse himself from hearing a civil suit where the defendant helped a charity and possibly made contributions when the judge had been an ex officio director of the group.

Bennie Kennedy sued Schneider Electric in the Northern District of Indiana.  The case was assigned to Magistrate Judge Joseph Kolar.  Kennedy sought to disqualify Kolar from hearing the case.