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Non-Profit Organization

To help you identify what government financing programs may be available to help you start or expand your business, check out the “Access Financing” Wizard from BusinessUSA.

In a few quick steps, this wizard will guide you to government resources to access financing for your business!

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WASHINGTON – Ninety-two nonprofit organizations from around the country received $8 million in grants from the U.S. Small Business Administration to help low-income and very low-income entrepreneurs with training and technical assistance to start, operate and grow their businesses. The grants, delivered under the Program for Investment in Microentrepreneurs (PRIME), also will provide capacity-building services to microenterprise development entities to strengthen the quality of their programs.

SAN JUAN, PR – The U.S. Small Business Administration and PathStone have entered a strategic alliance, to aid in fostering small business creation and economic development in various underserved regions of Puerto Rico.

WASHINGTON, D.C. – One hundred nonprofit organizations from 44 states and the District of Columbia received grants under the Program for Investment in Microentrepreneurs Act (PRIME), the U. S. Small Business Administration announced today.

Grants will be used to provide business-based training and technical assistance to low-income and very low-income entrepreneurs to help them start, operate, or grow a small business. Grants will also be used to better equip community-based nonprofit organizations to provide training.

Classifying Employees Correctly

Misclassifying workers is one of the most common mistakes made by nonprofits that result in IRS penalties, and even more commonly, violations of federal and state wage and hour laws resulting in back wages and associated penalties. In recent years the IRS has been stepping up its enforcement of employee classification, creating a compelling reason for nonprofits to reexamine whether workers are properly classified as employees and independent contractors, and as exempt or non-exempt employees.

Why does it matter?

Misclassifying a worker can result in the nonprofit owing significant penalties, back taxes, and back pay. Nonprofit employers need to know first whether any worker is an independent contractor or an employee – and if an employee, whether the employee is “exempt” or “non-exempt” from overtime. The correct classification is determined by two layers of definitions: federal and state, so both state and federal Department of Labor (DOL) regulations may apply. Twenty-eight states follow the federal Fair Labor Standards Act (FLSA) definitions but in others, different definitions and wage/hour rules may apply, just as different states have different minimum wage rules.

Independent contractor or employee?

A typical misclassification scenario is that a nonprofit classifies a worker as an independent contractor when in fact the federal DOL, or state wage and hour laws would define that same worker as an employee.

  • If the state or federal DOL finds that the nonprofit has misclassified the worker, the nonprofit can be responsible not only for un-paid wages, including overtime but also state/federal withholding taxes, as well as potential penalties.
  • Not sure of the differences between independent contractor and employees? (IRS Publication 1779)

Practice Pointers

  • Position descriptions should be prepared for employees, but not for independent contractors.
  • Independent contractors should sign a written contract with the nonprofit describing the scope of work instead. The agreement is also a good place to document that the independent contractor/consultant understands that s/he is responsible for his/her own income taxes and insurance coverage.
  • IRS guidance can help distinguish between employees and independent contractors; state law definitions should be checked also.
  • Reporting payments to independent contractors. (IRS)

Exempt or Non-Exempt?

Another common misclassification scenario occurs when a nonprofit considers a worker to be exempt from overtime payments, when in fact federal or state wage and hour laws would classify the worker as non-exempt, which could result in the employer owing the worker compensation for overtime, and potentially also owing the state or IRS penalties.

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