This is the first part of a multi-part series on cooperatives: what they are, the many different kinds of coops, their possible legal structures, and much more. So stay tuned for future articles about the wonderful world of cooperatives. This first article will look at the “definition” of cooperatives and how that definition is affected …
Federal Trade Commission Issues Final Rule Banning Non-Competition Agreements
On April 23, 2024, the Federal Trade Commission (“FTC”) issued the Non-Compete Clause Rule (“Final Rule”) prohibiting non-competition agreements nationwide.[1] Noncompetition agreements (“non-competes”) generally are provisions in contracts whereby an employee agrees not to enter into competition with an employer after their employment period with that employer is over. While state statutes have targeted non-competes …
Compliance Spotlight for 501(c)(3) Nonprofits: Avoiding Private Benefit or Private Inurement Issues
It takes a lot of planning, thoughtfulness, and attention to technical detail to become a 501(c)(3) public charity[1]. These organizations have applied for and received tax-exempt status under Section 501(c)(3) of the Internal Revenue Code (the “I.R.C.”) which means they are eligible for exemption from paying federal corporate income tax and are typically also eligible …
Demystifying Data Privacy: an Overview and Compliance Discussion of Major Data Privacy Laws
This blog post will explore the intricacies of major data privacy law frameworks applicable organizations and businesses, including the European Union’s General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA). While these regulations may be specific to only those jurisdictions, they are important to understand because the CCPA is rooted in GDPR …
ESOPs and Cooperatives: A Comparison of Two Options of Employee Ownership Models
This blog post will explore two different employee ownership models – ESOPs and Cooperatives. It will discuss the distinctive features, advantages, and challenges of each model, and will briefly compare the two. Our hope is to help readers better understand these two models, and when either might be a suitable ownership structure for an organization …
Overcoming Challenges: Navigating Employee Ownership Conversions
Employee ownership can be a powerful tool for businesses, providing a wealth of benefits such as increased productivity, higher job satisfaction, and improved financial performance. However, transitioning to this model can come with its unique set of challenges. Here, we outline some common hurdles in employee ownership conversions and provide practical strategies to address them. …
Department of Labor Issues New Final Rule (2024) to Clarify Employee vs. Independent Contractor Status under FLSA
We previously wrote on the U.S. Department of Labor (DOL)’s 2021 rule publication regarding classification of employees and independent contractors in the context of gig workers. The DOL has again published a new final rule clarifying the test for determining the status of a worker as an employee or an independent contractor. For any business …
Factors for a Successful Business Succession through Worker Ownership
For a few years now, we have been hearing about the approach of a “silver tsunami.” For those unfamiliar with the term, it refers to the demographic phenomenon of an aging population, associated mostly with the large wave of retirement that the baby boomer generation is about to go through. With small businesses employing roughly …
CORPORATE TRANSPARENCY ACT It’s Time to Report Part 3: The FORM
This is Part 3 of a 3-Part series (Part 1: It’s Time to Get Prepared & Part 2: FAQs) of information we are sending to our small business clients regarding the Corporate Transparency Act (CTA) and its impact on millions of small businesses. The CTA was passed by Congress a couple of years ago and …
Reflections on Co-op Cincy and Cooperative Professionals Guild Conferences in 2023
I recently attended two cooperative-related professional events in 2023: the Co-op Cincy Union Co-op Symposium and the Cooperative Professionals Guild Conference. As someone relatively new to practicing law in the cooperative movement space, I wanted to share my reflections and thoughts following these very inspiring experiences. By starting as an associate attorney with JWPC in …
