Nonprofit: Employment Law

We advise nonprofit organizations in developing pre-employment background check processes that comply with the law and follow best practices, to ensure that nonprofits are hiring the right candidate for their organization, while also complying with the law and keeping their organization’s and communities safe. This involves, for example, advising on how to conduct interviews in a lawful manner, when and how criminal background checks can be done, when and how conviction information can be considered (if at all), and drafting applications and waivers/releases for conducting reference checks.

We regularly assist clients by reviewing and revising employee handbooks and other personal policies and procedures. Our work in this area includes incorporating developments in the law as well as best practices into our analysis, recommendations, and revisions.

California law mandates that all employers, including nonprofit employers, with 5 or more employees must provide Preventing Harassment and Discrimination training. We provide more than 900 presentations annually and can provide harassment and discrimination training in whatever manner works best for your organization, including live virtual trainings, pre-recorded trainings, and in-person trainings tailored to your organization’s unique needs. We also provide other employee related trainings, such as employee performance management trainings for supervisors, inclusivity trainings, and mandated reporter trainings.

Compliance with the federal Patient Protection and Affordable Care Act (ACA) is essential for nonprofit organizations to avoid potential exposure to ACA penalties. The audit includes a thorough review and analysis of the employer’s current practices, which includes interviews with select employees with knowledge about key areas that are relevant to ACA compliance. LCW prepares a summary of findings, analysis, and recommendations where applicable.

Much of our practice is devoted to advising nonprofit organizations regarding compliance with the innumerable employment related laws and regulations and the complexities of navigating employee relationships. We work closely with employers to help them navigate the day-to-day employment issues they are tasked with managing, such as hiring applicants, properly classifying employees and independent contractors, workplace discipline and performance, managing layoffs and terminations, investigating complaints of workplace misconduct, and responding to requests for disability accommodations.