Non-Profit and Tax-Exempt Organizations

Your non-profit or tax-exempt organization is dedicated to an important mission and your hard-working employees are the engine of your organization’s impact and success. But balancing budgets, implementing workforce polices, and ensuring compliance with complex federal, state, and local laws present distinct challenges.

Fisher Phillips’ Non-Profit and Tax-Exempt Industry Group understands these obstacles firsthand. With decades of experience representing and serving in leadership roles at non-profits across diverse sectors, we bring practical, strategic solutions tailored to your needs. Our clients include foundations and charitable, cultural (including museums, orchestras, ballet companies, theaters, and other performing arts organizations), religious, social welfare, humanitarian aid, and membership organizations, as well as advocacy groups, industry associations, and private clubs. We are pleased to be members of numerous industry organizations, including the League of American Orchestras, the National Club Association, and the American Alliance of Museums.

We align our legal strategies with your organization’s vision, helping you mitigate risks, maintain compliance, and foster a supportive workplace. No matter the issues you face, you'll work with an attorney who understands the nuances of labor and employment law as they apply to non-profit and tax-exempt organizations like yours.

Our services include:

Training & Education

• Providing customized board training on governance, the board’s role in employment oversight, and developing effective employment policies
• Providing education to boards and senior management on key employment laws impacting non-profits and tax-exempt organizations

Compliance, Governance, & Ethics

• Ensuring effective compliance programs to comply with applicable laws and meet the expectations of donors and other stakeholders
• Developing governing documents, bylaws, codes of conduct and handbooks to reinforce your mission and values, deter misconduct, promote public trust, and reduce the risk of legal liability
• Advising on corporate ethics, board governance, and management effectiveness
• Addressing fiduciary duties, conflicts of interest, and employment-related claims
• Advising on protection of confidential and proprietary information

Labor Relations

• Developing employee relations programs to maintain union-free status
• Advising on union organizing efforts
• Negotiating collective bargaining agreements

Wage & Hour Compliance

• Classifying employees and independent contractors correctly
• Reviewing coverage under and ensuring compliance with FLSA and state wage laws
• Managing volunteer and intern classifications

Employee Benefits & Executive Compensation

• Structuring competitive compensation and benefits within budgets
• Negotiating and drafting non-profit leader compensation packages, employment agreements, and deferred compensation programs
• Guiding boards in approval of non-profit leader compensation packages and developing positions to avoid intermediate sanctions
• Complying with ERISA and FLSA requirements
• Crafting severance agreements to protect financial and reputational interests

Workplace Investigations

• Handling discrimination, harassment, retaliation, self-dealing, and fraud claims
• Managing wage and hour violations and whistleblower complaints

Crisis Management & Communications

• Responding to internal or external crises, like claims of discrimination, fraud, embezzlement, and leadership misconduct allegations, as well as board conflicts
• Mitigating reputational damage and restoring public trust
• Maximizing opportunities for effective communications with impacted groups such as employees, donors, regulators, clients, and the media
• Navigating union organizing campaigns without alienating key stakeholders

Data Privacy & AI Compliance

• Navigating consumer protection and cybersecurity regulations 
• Data security incident response, investigations, reporting, and prevention
• Developing AI policies to prevent bias, discrimination, and privacy violations

Diversity, Equity & Inclusion (DEI) Compliance

• Balancing DEI initiatives with anti-discrimination laws and donor expectations
• Addressing implications of executive orders and local laws impacting DEI programs

Immigration Compliance

• Securing work visas and permanent residency for foreign national employees
• Managing I-9 and E-Verify compliance and defending against enforcement actions
• Advising on international requirements for employees working abroad

With a deep understanding of non-profit and tax-exempt operations, we help you stay ahead of legal challenges so you can focus on your mission and purpose.