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LEGAL
MATERIALS
The following materials were prepared through the McKay Foundation
Capacity Building Project, for the benefit of our grantees and
the broader nonprofit community. They were drafted by the Law
Office of Julian Gross, with a focus on the needs of small California
nonprofits like the McKay grantees. We hope these materials
are helpful.
Note: These materials are intended to provide accurate general
information regarding the legal rights and responsibilities
of small to medium-sized nonprofit organizations in California.
Because the state of the law frequently changes, we cannot ensure
that the information in this factsheet is current or that it
applies to your situation. You should consult an attorney before
relying upon this information.
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- Overview
of the Nonprofit Integrity Act. Click
here for a factsheet on the Nonprofit Integrity Act of 2004,
which establishes a range of new requirements for California nonprofits.
This factsheet is tailored to small nonprofits; larger nonprofits
have additional duties under the law.
- Factsheet
on Payment of Exempt Employees. Click
here for a factsheet on the rules for payment of exempt employees.
“Exempt” employees – generally, salaried employees
– are not entitled to overtime pay, but are covered by a
set of rules for payment and deductions that are complex and often
counterintuitive. This factsheet describes these rules, but does
not address the important issue of proper classification
of employees as either exempt or nonexempt. All California employers
need to understand both the classification and payment rules.
- Template:
Bylaws for a Small Nonprofit. Click
here for a set of bylaws that can be adapted for use by a
small California nonprofit. These bylaws were drafted in an attempt
to reflect common decisionmaking structures in small nonprofits,
run by Executive Directors, with all-volunteer boards. Do
not use these bylaws without consulting an attorney familiar with
your organization.
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