For Purpose Law Group

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Since the enactment of California’s Assembly Bill 5 (“AB5”), many employers have struggled with classifying their workforce.  AB5, which codifies the factors set forth in the California Supreme Court case, Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal. 5th 903, changes the method of determining whether a worker should be classified as an employee or independent contractor in California.  Those factors, better known as the “ABC” test, establish strict criteria that must be…
Earlier this month, in Philanthropy Thinkers On Not Returning to “Normal” (August 4, 2020), we wrote about the nonprofit sector “…anxiously await[ing] the time it can return to ‘normal.”  But the pre-pandemic “normal” was imperfect at best. COVID-19 has suddenly and sharply reminded us of the weaknesses in our healthcare and economic systems; they have largely collapsed under the strain and the crisis is nowhere near over in the United States.  And the deep…
The COVID-19 pandemic has wreaked havoc on the finances of a broad swath of the nonprofit sector. For many organizations, some or most of their usual sources of revenue has stopped abruptly – and certainly – unexpectedly. With varying degrees of success, they are scrambling to find temporary revenue replacement including, where possible, pivoting to virtual activities. Some groups are lucky enough to have money set aside in one or more “restricted” funds. Many wonder
“The COVID-19 crisis has created a moment of hyper-uncertainty for social sector organizations. No one knows how the future will unfold…” write the lead authors of an important new collaborative report just published on July 20, 2020. Nonprofit and foundation leaders “… find themselves swamped by having to make organization-defining choices during” this extraordinary period of disruption. We explained in Part One of this multi-part series that the Monitor Institute, the social-change consultancy of Deloitte…
Recently, there’s been lots of chatter in the media about the Americans with Disabilities Act (ADA). That’s because, on July 26, 2020, the nation celebrated the 30th anniversary of this landmark federal civil-rights legislation. Congress enacted the ADA in 1990 to “ensure that people with disabilities have the same rights and access to opportunities as people without disabilities.”  It’s been a very big deal for the (at least) 61 million adults in the United States…
It was the middle of March 2020 when life in the United States suddenly changed in the blink of an eye from “normal” to something decidedly different and unmistakably “not normal.”  The multi-faceted upheaval affected every individual and every sector of American life. The philanthropy community was hit particularly hard. Not only were the nation’s nonprofits victims of this catastrophic disruption but the general public turned to them – as in past disasters and crises…
There’s an important new report that presents the philanthropy sector with an intriguing analytical framework for “scenario planning” now and in the coming 12-18 months.   For the past several months, Deloitte LLP has funded a study by Gabriel Kasper and Justin Marcoux of the Monitor Institute, Deloitte’s social-change consultancy. Conducted in cooperation with leading nonprofit think tanks, these researchers interviewed a “diverse” group of sector leaders around the United States to learn “what these…
The nonprofit community anxiously awaits the time it can return to “normal.” But many philanthropy thought leaders increasingly urge against going back to how things were before COVID-19 turned the world on its head.        The Enormity of the Catastrophe   “What is this thing that has happened to us?” asks Indian author and activist Arundhati Roy in The Pandemic Is a Portal (April 3, 2020). “It’s a virus, yes,” she continues, “But…
The COVID-19 pandemic has hit U.S. employers and workers hard because of the unprecedented economic chaos along with mandatory stay-at-home orders. In normal times, the unemployment compensation laws and bureaucracy – a federal/state partnership – are a challenge to navigate.  In all American jurisdictions, 501(c)(3) organizations (along with government and tribal entities) may choose to opt out of the FUTA (Federal Unemployment Tax Act) system in favor of a self-insuring route. Under that alternative, the…
At the beginning of March 2020, Americans went about their business and daily lives all but ignoring the news of a raging pandemic in Asia and Europe. By month’s end, it had landed firmly on our shores. “Normal” no longer existed. The State of California – and other parts of the United States – had shut down. Clearly, the nonprofit sector, along with every other part of the economy, would be hit hard. And –…