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Is There a Third Way? A Comparative Analysis of How the Law Treats Workers in the Nonprofit, Private-for-Profit, and Public Sectors

• Cole, Michele T

Abstract

Based on a review of 325 case law decisions & 72 legal statutes, differences in 4 areas of the legal environments of personnel management in nonprofit, private-for-profit, & public sector organizations are examined: (1) employment at will; (2) federal minimum wage & hour law; (3) equal employment opportunity; & (4) federal pension regulation. With the exception of ministerial employees of religious organizations, employment at will in the nonprofit sector is similar to that of the other sectors. Federal pension regulations & equal employment opportunity are likewise treated similarly, but the Fair Labor Standards Act only applies if the nonprofit organization is engaged in commerce or the production of goods for commerce. Professional, managerial, & executive personnel are exempt & enforcement of the federal minimum wage & hour law is not aggressively pursued. Implications for personnel management in the nonprofit sector are discussed. 1 Table, 47 References. Adapted from the source document.

Journal

Nonprofit Management and Leadership

(1994)
vol5 no2 pages197-211

Categories

1. Public Policy, Law, and Ethics  
2. Law and Taxes  

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