Nonprofit Service Is Voluntary, Workers Comp Coverage Is Not

Maribeth Wright | November 3rd, 2014

Did you know that the Ohio Bureau of Workers Compensation (BWC) expects you to provide workers compensation coverage to your nonprofit’s board of directors? And while the bureau hasn’t heavily enforced this guideline in the past, you can expect to see more enforcement of the rule in the future.

We recently caught up with a BWC representative to validate a letter one of our clients received pertaining to this issue. The conversation was valuable because we were able to walk away with some important pieces of information that, over time, had either been forgotten or ignored by many in the nonprofit sector.

Even though your board of directors may not receive a paycheck for the time and resources they have put in to your organization, they are likely on the front lines when it comes to managing the organization’s volunteers, finances, events and other initiatives. In other words – they are “working” for you.

“Active executive officers of a corporation, except for an individual incorporated as a corporation or officers of a family farm corporation, are considered employees for workers’ compensation purposes,” the bureau states in its Coverage Information by Employee Types.

Here are four facts nonprofit organizations need to know to avoid issues with the BWC:

  1. An organization’s officers are always considered employees of the organization. Even if an individual receives no pay, officer status indicates that they’re responsible for regular organizational work. Therefore, they are identified as an employee by the BWC, not a volunteer.
  2. Individuals who perform volunteer, non-emergency services for private employers (including nonprofits) are not covered under the BWC’s compensation policy.
  3. Since the BWC identifies those who hold an office with nonprofit organizations as employees, the nonprofit organization is responsible for reporting all wages paid to officers to the BWC, as well as to the IRS.
  4. You must pay the minimum reportable amount even if you have an “all-volunteer board.” However, non-officer board members are not subject to these rules.

Email Rea & Associates today to learn more about the BWC’s compliance requirements. The sooner you understand your compliance requirements, the sooner you can get back to focusing on doing more for your communities, families and causes your organization cares about.

By: Maribeth Wright, CPA (Cambridge office)

 

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