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Tuesday, November 19, 2013
Policy Poll: Government Contracting & Prompt Payment Practices
Wednesday, October 5, 2011
Voluntary Compliance Program announced by IRS to address worker misclassification
Information for your members: You may have seen that in late September the IRS announced a voluntary compliance program for employers (including nonprofit employers) to enable those who have mistakenly classified workers as independent contractors to make a correction, along with a modest payment, and avoid the usual penalties of noncompliance. This program’s announcement offers an opportunity to remind nonprofits about the risk of misclassification and share information with them about the voluntary compliance program. See the National Council’s website materials on this topic.
Here is the text of the IRS announcement about the voluntary compliance program (from the IRS’s EO Update circulated on October 4):
“The IRS has launched a new program that will enable many employers, including tax-exempt employers, to resolve past worker classification issues and come back into compliance by making a minimal payment covering past payroll tax obligations rather than waiting for an IRS audit. To be eligible for the new Voluntary Classification Settlement Program an applicant must:
Consistently have treated the workers as nonemployees in the past
Filed all required Forms 1099 for the workers for the previous three years
Not currently be under audit by the IRS, Department of Labor or a state agency concerning the classification of these workers.
Full details, including FAQs, will be available on the Employment Tax Pages of IRS.gov and in Announcement 2011-64.”
Monday, April 19, 2010
Program: Core Policies for Your Volunteers, Board and Staff
Three panelists made presentations based on their area of expertise and took questions from the audience that traveled from three counties.

Panelists were:
Susan Kenny, Executive Director, Roxbury Arts Group, sharing feedback and policies for boards of directors.
Nancy Karaman, Volunteer Administrator, New York State Historical Association and The Farmers' Museum, sharing information and policies on volunteer management.
Melissa Marietta, Internship Coordinator, Hartwick College, sharing information and policies on internship management.
Some of the issues discussed were: board members are volunteers, succession planning for board members and executive directors and staff, what is a volunteer, how to fire a volunteer, creating a volunteer manual, legal matters surrounding interns, why have a intern, and interns are not staff.
Handouts included examples of board policies, intern and volunteer manuals and related materials.
Though Panelists took many questions during the presentation the discussion could have lasted all day.
Thursday, January 21, 2010
Comptroller Questions, Nonprofits Respond
• 66% of nonprofits responding said they currently have a line of credit
• 66% of nonprofits responding said that they had borrowed money because of delayed government contracts and/or payments in the last two years.
Well over 100 comments were also submitted to the Comptroller´s Office. Click here for a sampling of these comments (a full list will be posted soon on the NYCON website.) Still want to add your feedback? Click here for the survey.
Want to know what else you can do? The Comptroller's Office will be holding nonprofit forums around New York State soon. NYCON will inform our members when those forums are scheduled.
Membership Benefits Corner: Special Package Offers on Bylaws, Personnel Policy Reviews and more...
Bylaw & Personnel Policy Reviews
Whether you are a newly created organization or a long standing one, risk management is the keystone for good governance of your organization. Two important tools for protection of your organization from mission killing liability and litigation is the creation and annual review of corporate bylaws and personnel policies. Our attorneys and legal staff will dissect your corporate documents and review same for legal pitfalls, returning same to you with revision comments and "best practice" advice within 30 days.
A Bylaw Review is $500.
A Personnel Policy Review is $700.
A Package price for both is only $1,000.
Interested? Click here and let us know and we´ll have one of our legal staff get back to you to start the process!
Corporate Document Review
Another important element of risk management is the maintenance of the proper form of corporate existence. Our attorneys and legal staff will analyze your Certificate of Incorporation, and any Amendments for consistency between them and your internal corporate documents and Bylaws, returning the same to you with revision comments and "best practice" advice within 15 days.
A Corporate Document Review is $300.00.
Interested? Click here and let us know and we´ll have one of our legal staff get back to you to start the process!
Sunday, May 17, 2009
NY proposes changes to health insurance regulation
The proposal, now before the Legislature, would require companies to seek approval for increases through state Insurance Superintendent Eric Dinallo. Currently the state's "file and use" system gives insurance companies broad discretion for rate increases without state approval.
"It has not worked because self-regulation in this sector has not resulted in the best pricing for New Yorkers," Dinallo said. "It, instead, has resulted in driving New Yorkers out of health plans."
Leslie Moran, a spokeswoman for the New York Health Plan Association, says there are serious problems with the measure. "This is basically a bill that seeks to impose much greater regulation of health insurance premiums," she said. "It's basically exerting price controls on health care. It ignores the underlying factors that are responsible for an insurance premium. It would only regulate the cost of premiums without regulating the cost of providers, hospital cost."
The bill is one of four Paterson proposals intended to help people who can't afford private insurance, but don't qualify for Medicaid, the government health care coverage for the poor.
"There are people who don't qualify for the traditional safety net, but still need help, still need a leg up," said Joseph Baker, acting deputy secretary for Health and Human Services to the governor.
Of New York's uninsured, nearly one in three is between the ages of 19 and 29. Paterson's proposal would allow families to cover children up to age 29 under insurance provided by their employer. They would be eligible if they're unmarried and don't have access to employer-provided insurance. Under the proposal, families would pay the premiums instead of employers, but it would cost less under group policies than if the young adult took out an individual policy.
Most plans now stop this coverage at 23 years old.
Senate Democrats already introduced similar proposals. Dan Weiller, a spokesman for Assembly Speaker Sheldon Silver, said lawmakers would review the proposals; there is a hearing June 8 on prior approval of rate increases.
Paterson also wants to extend COBRA coverage from 18 to 36 months. COBRA allows people who have lost their jobs to continue with the same insurance plan they had under an employer. At $400 a month, it's less than half the cost of insurance on the open market.
The final proposal in Paterson's package would attack managed care to reduce bureaucracy that stands in the way of care and cut down on inappropriately delayed or denied claims. If an insurance company fails to meet a deadline for reviewing a claim, the proposal would require the claim to be approved.
The plan would also reduce the time insurance companies have to pay doctors and hospitals to 15 days instead of 45 days.
"You have a fairly regulated (health care) market," Dinallo said. "The delivery of health care, not just insurance: Providers have regulated reimbursement and Medicaid and Medicare have built in ceilings, so when you have that, but you have one sector that is exclusively free market, you take the air out of the balloon."
Thursday, April 9, 2009
SeeThroughNY website shows how NY tax dollars used
SeeThroughNY is a web portal designed to become the hub of a statewide network through which taxpayers can share, analyze and compare data from counties, cities, towns, villages, school districts and public authorities throughout New York. The information of this website comes from official government sources, but the Empire Center cannot guarantee data accuracy or completeness.
You can search government payrolls, contracts, expenditures, and links to additional information and supporting material on other websites. For example, search your village or city to see what member items were awarded or benchmark your village, city or county against others. This is a great resource for nonprofits, and could be helpful in articulating region-specific needs.
Thursday, March 19, 2009
Federal News Update For Your Nonprofit
Senator Baucus Introduces the Nonprofit Capacity Building Act of 2009
On March 17, the National Council's efforts over the last five years to strengthen small and midsize nonprofits cleared another hurdle when Senate Finance Committee Chair Max Baucus (MT-D) introduced the Nonprofit Capacity Building Act of 2009 (S 609). The bill would create an innovative $25 million fund for matching grants to intermediary nonprofit training and technical assistance entities. Read more.
Federal Legislative and Regulatory Developments
Serve America Act Moves Rapidly from the House to a Senate Floor Vote Next Week
National service legislation is moving rapidly through Congress on a bipartisan basis. The legislation would more than triple the number of AmeriCorps volunteers and include a Volunteer Generation Fund to help organizations recruit and manage volunteers; a Social Innovation Fund to increase private and public investment in nonprofits to replicate and expand successful programs; expand the National Civilian Conservation Corps; and much more. The Senate is planning to consider the bill early next week. Read more on our website and visit the Service Nation website to learn more.
2009 Omnibus Appropriations Passed and Signed
On March 11, President Obama signed the $410 billion FY 2009 omnibus bill (HR 1105) comprised of nine appropriations bills not passed last fall. Funding went up eight percent over the prior fiscal year, providing more funds for block grant programs but decreasing funding for the Compassion Capital Fund. Read more.
FY 2010 Proposed Federal Budget Generates Controversy over Charitable Deductions
President Obama's proposed FY 2010 budget suggests making a downpayment on health care reform by reducing high income earners' tax deductions - including deductions for charitable contributions. For more information, analysis, and commentary about the controversy visit our website and read our Special Report.
IRA Rollover Legislation Re-Introduced
The Public Good IRA Rollover Act of 2009 (HR 1250) would permit tax-free distributions from IRAs for charitable purposes on a permanent basis and remove the current dollar limit on donations per year. Read more.
Obama Turns Back Clock on Some Bush Midnight Rules
To learn more about how the Obama Administration is taking action to reverse controversial regulations finalized in the closing days of the Bush Administration, visit the OMB Watch website.
Monday, February 2, 2009
The 2009 Nonprofit Economic Climate
Topics include:
- How the current market environment will affect nonprofits
- Practical scenario planning and modeling: how to develop smart, strategic responses
- Recognizing the hidden opportunities to strengthen your standing
- Revenue and expense considerations
- Cash flow management and managing credit
- Role of the Executive Director and Board in leading the organization through a downturn
The link provides assessment tools and checklists to keep you grounded during crisis periods. Also included is a list of cost reduction strategies.
Available tools include:
- Recession Checklist
- Recession Tips
- Cash Flow template
- Financial Matters for Bankers
- Reserve Options
- Scenario Planning Model
- Cost Reduction Strategies
- Cost Containment Discussion
- Scenario Planning Process
- Strategic Alliances Checklist
NYS Worker Adjustment and Retraining Notification Act Takes Effect Feb 1
This policy update is provided by Kevin M. Stadelmaier, Esq, Legal Advisor, New York Council of Nonprofits (fomerly CCSNYS, Inc.), Legal Accountability and Compliance Services, Western New York Regional Office. Should you have further questions or concerns relevant to the requirements of this New Act, do not hesitate to contact Kevin at (716) 241-5010 x170 or by email.
Saturday, December 6, 2008
Retirement Plan Changes
Friday, November 21, 2008
Updating Your Nonprofit's Policies
1)When the personnel handbook policies are rewritten and adopted, does this negate all previous policies?
Share your input on this question or check back for the answer from CCSNYS Legal Accountability & Compliance Services. A quick point about your nonprofit's personnel policies: CCSNYS recommends that you have these policies reviewed on a regular basis in order to protect your organization and stay up on changes to employment laws and regulations.
Wednesday, November 19, 2008
Employee Info Retention Question
CCSNYS Legal Advisor Mike West provided the following guidance: The art of effective record retention boils down to two standards -- reason and risk. Some business people fear risking adverse consequences and hang on to everything forever -- this is the kind of unreasonable behavior that can turn your office into a landfill! Others trash everything early and often -- an unreasonably risky path to neatness.
To guide you in minimizing your risks, there are generally accepted, reasonable time periods recommended for retaining business records. Mike further relates that in a nutshell, most sensitive employment records must be saved for a period of 7 years. More specific examples are:
- Time books/cards (for exempt & non-exempt employees) -- 7 years
- Time cards/sheets -- 3 years after record is made
- Payroll records and summaries, pensions, payroll taxes -- 7 years
- Personnel records -- 1 year from making the record
Here is an example records retention policy provided by the National Council of Nonprofits.
Have a hr question? Post it or e-mail it to share on NYNED. Also, consider CCSNYS membership, which offers members access to the CCSNYS Legal Accountability and Compliance Services staff.
Friday, November 14, 2008
Resource Sharing Roundtable
Monday, November 10, 2008
E-mail and Electronic Records Retention Policy
Monday, October 27, 2008
Employee Compensation Follow Up
Wednesday, October 15, 2008
Executive Director Compensation
Our board is in the process of incorporating some new policies and wants to include a written policy on determining Executive Director compensation. Can you point me in a direction to identify how a small non-profit makes those determinations and/or do you know of another agency about our size that might be willing to share their written policy? Any suggestions are welcome!
Finding info on this topic is challenging. There is plenty of information regarding reporting compensation, especially related to the new 990. GuideStar has an article posted, IRS Changes Requirements on Reporting Nonprofit Executive Compensation, by Linda M. Lampkin at ERI Economic Research Institute. The main points to keep in mind regarding compensation with the new 990 are:
- Review and approval by the board
- No person with conflict of interest involved in compensation decisions
- Comparable data (salaries for like jobs in like enterprises under like circumstances) collected and used to make decisions
- Documentation of decisions when they are made
These are good points for any executive director compensation policy. Charity Goverance Consulting, LLC has posted some articles and feedback about nonprofit director compensation that may helpful too. If anyone would like to offer their own feedback or share a policy, please let us know.
Other nonprofit blogs are a great resource for exploring this ongoing conversation. Here is one example of a post link from Kristen Denzer's Nonprofit SOS blog that discusses what qualifies as too much regarding compensation.








