CAPLAW eNews Bulletin - March 2018
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In This Edition
• Guns at Work • New FASB Accounting Standards
• OCS Guidance on Use of CSBG Funds in Major Disasters • Telework & Pregnancy
• DOE WAP Advance Payment Rules
• #MeToo: Nonprofit Investigations & Board Oversight
Guns at Work
As the gun debate rages in the U.S., many employers are reviewing their options and obligations when it comes to guns in the workplace. Some CAAs have wondered whether there are risks from both permitting and barring guns at work. This article by the law firm Fisher Phillips addresses the question of whether employees with concealed carry permits should be allowed to carry their firearms at work and offers
an overview of the legal issues that employers should consider when confronted with this sensitive topic.
Photo credit: Webmaster102
New FASB Accounting Standards
The Financial Accounting Standards Board (FASB) recently updated the accounting standards that apply to nonprofit organizations. The new standards are effective for fiscal years starting after December 2017 and include a number of significant changes. The National Council of Nonprofits recently published an overview of the new FASB accounting standards that focuses in on three important areas of change: restricted and unrestricted net assets, liquidity disclosures, functional expenses. The article concludes with a list of resources related to the new FASB standards and related topics.
OCS Guidance on
Use of CSBG Funds
in Major Disasters
The federal Office of Community Services (OCS) recently issued Information Memorandum (IM) #154 Flexibilities and Waiver Requests to provide both intermediate and long-term suggestions for state Community Services Block Grant (CSBG) lead agencies and eligible entities to facilitate recovery efforts from major disasters, including recovery from physical damage and services to those who experience displacement or loss as a result of disasters. IM #154 not only includes examples of relief efforts for which CSBG funds may be used but also promotes an expedited waiver process
for purchasing, rebuilding and/or reconstructing property with CSBG funds. The IM encourages adopting more flexible procedures for eligibility determination and working with local partners to support health and mental health services. OCS directs state agencies that encounter other barriers not addressed in IM #154 to contact their program specialists who will arrange for consultations with OCS leadership.
Telework & Pregnancy
Keeping up-to-date with developments in employment law can be challenging, especially in the areas where different employment laws intersect. Take, for example, what the law firm Venable recently called the “Employment Law Bermuda Triangle,” where sex discrimination protections in the Civil Rights Act meet the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). This article by Venable discusses a recent case in this Bermuda Triangle involving an employer who lost a lawsuit by an employee who was denied the opportunity to work from home while she was pregnant. The article ends with practical suggestions for employers who are faced with a request to work from home.
CAPLAW Guidance on DOE WAP Advance Payment Rules
In response to renewed interest, CAPLAW recently updated previously issued guidance addressing a state’s obligation to pay on an advance basis subgrantees receiving U.S. Department of Energy (DOE) Weatherization Assistance Program (WAP) funds. The guidance, titled Myths and Facts about Advance Payments for the Weatherization Assistance Program, was originally issued in 2009 to clarify misunderstandings triggered by the American Recovery and Reinvestment Act. Changes to the guidance include updated citations and tweaked language to reflect the application of
the Uniform Guidance to DOE WAP grants. We also added a section to clarify that, regardless of the type of grant a state receives from the federal government, it must comply with the federal authorizing statute, federal regulations, and any applicable cross‐cutting federal requirements. We further explain why DOE WAP is a categorical formula, not block, grant. Read the updated CAPLAW guidance.
Photo credit: Dennis Schroeder/NREL
#MeToo: Nonprofit Investigations
and Board Oversight
Two recent articles specifically for nonprofits provide helpful insight with regard to preventing and addressing sexual harassment in the workplace. The first article from the National Council of Nonprofits gives helpful tips for handling sexual harassment investigations and reducing the risk of retaliation claims. The second article from the Nonprofit Quarterly delves deeply into the important role that a board of directors plays in cultivating a culture that denounces harassment and promotes accountability.
Photo credit: Katie Chan
WEBINAR ONE: APRIL 4TH
Marijuana in the Workplace: Navigating Potential Potholes
WEBINAR TWO: APRIL 9TH
#MeToo in the Workplace: Understanding, Addressing, and Preventing Sexual Harassment
WEBINAR THREE: APRIL 17th
To Pay or Not To Pay: That is the Question Regarding your Interns and Volunteers
This e-News Bulletin is part of the Community Services Block Grant (CSBG) Legal Training and Technical Assistance (T/TA) Center. It was created by Community Action Program Legal Services, Inc. (CAPLAW) in the performance of the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Community Services Cooperative Agreement – Grant Award Number 90ET0467-01-00. Any opinion, findings, conclusions, or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Health and Human Services, Administration for Children and Families.
The contents of this publication are intended to convey general information only and do not constitute legal advice. Any communication through this publication or through CAPLAW’s website does not constitute or create an attorney-client relationship. If you need legal advice, please contact CAPLAW or another attorney directly.
