Resources

For many nonprofit organizations, the annual Form 990 is treated as a routine accounting exercise. It is prepared by staff or outside advisors, perhaps reviewed briefly (if at all), and hopefully filed to satisfy minimum IRS requirements. In practice, however, Form 990 functions as something far more consequential for nonprofits. It is a public-facing document that shapes how regulators, donors, journalists, and counterparties assess an organization’s governance, credibility, and overall financial health.

We have spent an intense year helping our nonprofit clients through a wide variety of threats and risks. During that time, we have seen and heard many repetitive concerns and worries expressed across a wide variety of organizations. Rather than siloing this information, we wanted to start a conversation around sharing best practices and approaches to what appears to be a completely new universe for clients in the nonprofit space.

Paid sick leave legislation has reemerged in Richmond as a focal point of employment law reforms in Virginia that have been going on since 2020. Current proposed legislation would create paid sick leave obligations for employers that extend well beyond the narrow sector-specific mandate now in place, bringing Virginia closer to the employee paid sick leave benefits adopted in a growing number of other states.

For many businesses, classifying employees as “exempt” under the Fair Labor Standards Act (FLSA) can feel routine—almost administrative. Yet this single decision often carries with it significant legal and financial consequences. When an employee is treated as exempt from overtime but does not actually meet the FLSA’s strict exemption criteria, as discussed below, the misclassification can expose the employer to substantial liability. In recent years, federal and state agencies, as well as plaintiffs’ attorneys, have intensified their scrutiny of wage‑and‑hour practices, making misclassification one of the most common and costly compliance pitfalls for employers of all sizes.

Selecting a contractor is one of the most consequential decisions an owner or developer makes during a construction project. Whether the work involves a residential renovation, a commercial tenant build-out, or a larger development effort, owners reasonably expect that contractors performing the work are properly licensed, insured, and qualified. Unfortunately, and despite the best intent from contractors, these safeguards often fail to exist.

Yes, usually, is the short answer set out in a new DOL opinion letter. An employee is permitted to use leave under the Family and Medical Leave Act (FMLA or Act) for work time spent in medical appointments either related to their serious medical condition or those of a qualifying family member. Such FMLA leave time extends, in many circumstances, to travel time to or from a medical appointment, even in situations where the employee has not provided the employer with a “medical certification” to support the need for travel-related leave. However, not all employee travel circumstances will result in covered leave under the FMLA. Exceptions are explained below.

When employers are sued under the Fair Labor Standards Act (FLSA), the initial reaction is often to fight the claim on principle. Many employers believe they complied with the law, paid employees fairly, and did nothing wrong – and, in many cases, they may have valid legal defenses.

Receiving a notice from the U.S. Department of Labor (DOL) Wage and Hour Division can be unsettling for any employer. While some audits are routine, others can quickly expand into broader investigations and, in some cases, lead to private lawsuits under the Fair Labor Standards Act (FLSA). How you respond in the early stages of a DOL wage and hour audit can significantly affect the ultimate outcome of the investigation.

As federal enforcement priorities continue to evolve, the U.S. Department of Justice (DOJ) made clear that diversity, equity, and inclusion (DEI) programs will be subject to heightened scrutiny where they intersect with federal funding and civil rights compliance. In 2025, the DOJ formally announced the creation of a Civil Rights Fraud Initiative, signaling a renewed focus on the use of the False Claims Act (FCA) as a primary enforcement tool against entities that certify compliance with civil rights laws while engaging in discriminatory practices with DEI under special focus for discriminatory practices. The DOJ also released guidance regarding the use of DEI programs.

Lessons from the Fight Over the TWITTER® Name

If you have followed recent business or technology news, you may have seen headlines suggesting that the Twitter trademark might be “up for grabs.” That claim sounds shocking given the brand’s global recognition, but the dispute raises an important and very practical question for businesses of all sizes:

As we move into 2026, employers face a rapidly evolving legal landscape shaped by federal enforcement priorities and state-level initiatives. Below are six critical trends that HR professionals, business leaders, and risk compliance officers should monitor closely.

In today’s environment of economic uncertainty, social transformation, and technological disruption, nonprofit boards must take a proactive and legally informed approach to strategic planning. Strategic oversight is a core governance function that directly affects mission fulfillment, legal compliance, and organizational sustainability. Boards need to actively engage on these topics or risk obsolescence.

Even if your business doesn’t have unionized employees, the National Labor Relations Board (NLRB) still has something to say about your policies, your severance agreements, and even your social media rules. In 2025, the NLRB continued its trend of expanding employee rights under the National Labor Relations Act. Non-union employers in Virginia are not exempt from NLRB oversight. Several key rules and decisions from the past few years are reshaping how businesses draft employee handbooks, supervise staff, and respond to organizing activity.

The Family and Medical Leave Act (FMLA) is a foundational federal law that helps employees balance work and family responsibilities. Enacted in 1993, the FMLA entitles eligible employees of covered employers to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. These include the birth or adoption of a child, caring for a family member with a serious health condition, or dealing with the employee’s own serious health condition. During FMLA leave, group health insurance coverage must continue under the same terms as if the employee had not taken leave. The FMLA is administered by the U.S. Department of Labor (DOL).

As the holiday season approaches, many companies look forward to hosting office parties as a way to celebrate achievements, boost morale, and reinforce a sense of community. These events can be helpful tools for strengthening corporate culture and enhancing employee identification with the organization. A well-executed holiday party can foster camaraderie, reinforce shared values, and remind employees that they are part of something meaningful.

In today’s highly competitive and compliance-driven hiring landscape, criminal background checks have become a standard part of the recruitment process for U.S. employers. According to recent surveys, more than 90% of employers conduct some form of background screening, with criminal history checks being among the most common.

General contractors and subcontractors often retain companies and individuals to perform part of their scope of work. This can be done, obviously, by hiring employees or by hiring independent contractors. The question of whether an “independent contractor” is in fact an independent contractor is a repeat arena for disputes and risk in the form of wage and hour claims, regulatory enforcement, and exposure to tax liability and penalties.

In today’s increasingly digital workplace, social media and employee privacy have become critical considerations for many employers. While platforms like LinkedIn, Facebook, and Instagram can offer valuable insights into prospective and current employees, the line between business interests and employee personal privacy is not always easy to discern. Navigating this balance requires employers to understand the legal framework applicable to employee privacy and to adopt best practices to stay compliant while also protecting their organizations.

Just like other businesses, non-profits sometimes may need to think about potential merger and acquisition issues. In our legal practice, we have handled a number of affiliation deals or asset acquisitions involving non-profits. This experience is consistent with what other sources report. Over the last five to ten years, the U.S. nonprofit sector has experienced a modest, but measurable, increase in mergers and strategic alliances according to data from resources such as the National Council of Nonprofits.

The federal government shut down that began last night at midnight will have an immediate adverse impact on thousands of federal sector workers across the United States. While the federal government is still funded to provide essential government services, such as Social Security checks and VA benefits payments, non-essential services will not be provided until Congress can come up with a compromise on funding that will allow the federal government to reopen. The last federal government shutdown occurred in 2018, during the first Trump administration and lasted for thirty-five days, the longest government shutdown in U.S. history. Most are also predicting a lengthy shutdown now, given the inability of the two political parties to find common ground on budgetary and funding issues.

The shutdown will also have a significant and wide-ranging impact on federal government contractors. Reposting here a blog written during the 2018 government shutdown that highlights a number of the key considerations and continuing compliance issues for government contractors, all of which are still relevant in the 2025 government shutdown.