One of the easiest ways nonprofits can help promote elections is by giving your staff paid time off to vote during Early Voting or on Election Day. As Deviré Robinson, the Center’s board chair, explained in a recent blog post, the Center has a policy that gives our staff paid time off to vote during Early Voting or on Election Day. To model best practices, the Center is sharing its policy (below) allowing staff to take time off to vote or to volunteer as nonpartisan poll workers. Feel free to borrow and adapt this language to fit into your organization’s personnel policies. And let us know if your nonprofit is giving staff time off to vote in this year’s election.

“Voting and Election Day. The Center encourages all employees who are eligible to vote to participate fully in the electoral process. Any Center employee may take paid time off work on Election Day or during the Early Voting period to vote in any primary, general, or run-off election. Employees should notify their supervisors of the time they plan to take off for voting.

“Center employees also may take up to one day per year of paid time off to volunteer in a nonpartisan role as a poll worker on Election Day or during the Early Voting period. Employees must get prior written approval of their supervisors (which shall not unreasonably be denied) before taking this paid time off. Employees volunteering for political parties or campaigns on Election Day or during the Early Voting period may not be paid for their time engaging in partisan political activities, but they may take annual leave for any time spent volunteering for candidates or political parties.

“Paid time off for voting and nonpartisan election volunteer work is in addition to annual leave, sick leave, and personal leave that employees have accrued. Employees are not required to use annual leave, sick leave, or personal leave when they take paid time off to vote or to volunteer as a nonpartisan poll worker pursuant to this policy.”

Last month, the U.S. Department of Labor (DOL) announced a new proposed rule for determining whether workers are employees or independent contractors under the Fair Labor Standards Act (FLSA). Under FLSA, nonprofits and other employers are required to pay a minimum wage and offer overtime pay for certain workers who are classified as employees. Independent contractors aren’t entitled to these or other benefits of employees.

The new rule would replace a rule from early 2021 that made it easier for employers to classify workers as independent contractors. The current rule focuses on two criteria – opportunity for profit or loss and control over work – in determining whether workers are employees or independent contractors. The proposed new rule would return to a more traditional six-factor “economic realities” test that would consider:

1. Opportunity for profit or loss depending on managerial skill;
2. Investments by the worker and the employer;
3. Degree of permanence of the work relationship;
4. Nature and degree of control by the employer;
5. Extent to which the work performed is an integral part of the employer’s business; and
6. The worker’s skill and initiative.

The new rule may mean that more nonprofit workers need to be classified as employees rather than independent contractors and receive employee benefits. DOL recently extended the deadline for public comments on the proposed rule through December 13. Nonprofits can submit comments to DOL with insights about the potential impact of the proposed rule or suggestions for ways DOL could improve its proposed rule.

Earlier this year, the Center sent a candidate questionnaire on nonprofit issues to all North Carolina candidates for Congress and the NC General Assembly asking about their personal experience with nonprofits, their priorities if elected, and which nonprofit sector policy issues they would most enthusiastically support. The Center is pleased that more than a quarter of candidates on the ballot this fall have completed the questionnaire. 

It’s important to learn about the candidates on your ballot and see what they have said about nonprofits. Take a few minutes today to check out the interactive 100-county map of candidate responses and share these responses with your staff, board, volunteers, and the people you serve.

Thank you to all the nonprofits that reached out to their local candidates. As the National Council of Nonprofits noted in this recent article, your participation has been critical to the success of this project!

Have you been wondering what types of election-related activities your nonprofit can and can’t do between now and the November 8 election? You’re not alone. The Center has fielded many questions about what’s legal and what’s advisable, and posted answers to some of the most common questions. Let us know of other questions you have about your nonprofit’s engagement in the 2022 election.

A new law that took effect on December 1, 2017 changed the way that businesses and nonprofits register their assumed business names (sometimes known as “doing business as” or “DBA” names) in North Carolina. As a result of this law, any assumed business names that were registered prior to December 1, 2017 will automatically expire on December 1, 2022. 

If your nonprofit operates under a name other than the name listed in your articles of incorporation AND you haven’t updated your assumed business name registration with your county register of deeds, you need to re-file before December 1 to avoid losing your assumed business name. Nonprofits that operate with assumed business names in multiple counties only need to file with the register of deeds in one county. For more information, including assumed business name filing forms and a searchable statewide database of assumed business names (in case you aren’t sure whether your nonprofit has filed for an assumed business name certificate), check out the NC Secretary of State’s resource page.

The Center provides Nonprofit Policy Update each week as a benefit to its nonprofit members. However, to help all North Carolina nonprofits respond to the COVID-19 pandemic, we're temporarily providing this newsletter to non-member nonprofits. Don’t miss out – become a member to ensure you continue receiving these updates along with many other valuable benefits.