Special Conversation with CAPLAW: OSHA and CMS Vaccine Mandates

The highly-anticipated OSHA Emergency Temporary Standard (ETS) and Centers for Medicare and Medicaid Services (CMS) vaccine mandates have been issued.

Under the OSHA ETS, employers with 100 or more employees must ensure their workers are either fully vaccinated or are submitting negative COVID-19 tests at least once a week by January 4, 2022. The separate CMS vaccine mandate applies to all employees at health care facilities that receive federal funding from Medicare or Medicaid, and it also requires employees to be vaccinated by January 4, 2022. The CMS vaccine mandate does not give employees the option to test weekly in lieu of getting vaccinated.

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Federal Vaccine Mandates: Step-by-Step Compliance Guide for Community Action

CAPLAW recently issued a step-by-step compliance guide to help the Community Action network navigate the employee vaccination mandates announced by OSHAHead Start, and the Centers for Medicare & Medicaid Services (CMS). In this resource we describe the planning process your CAA should consider as you develop and update your policies to reflect the new requirements. We also provide two template policies to assist your CAA in complying with the new mandates: a mandatory vaccination policy and a policy requiring vaccinations or allowing employees to choose weekly COVID-19 testing and face coverings. In this webinar we discuss these essential resources, as well as the status of ongoing litigation challenging these mandates.

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Head Start Issues Vaccine Rule; Masking Required Immediately

The Office of Head Start has released its long-awaited vaccination mandate (the Rule), which will be published as an interim final rule with comment period in the Federal Register on November 30, 2021. The Rule amends the Head Start Program Performance Standards to require masking for individuals aged two and older. It also requires vaccination for all Head Start staff, contractors whose activities involve contact with or providing direct services to children and families, and volunteers working in classrooms or directly with children.

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LIHWAP and Community Action

Join the federal Office of Community Services (OCS), CAPLAW, and the National Community Action Partnership for a webinar on Thursday, January 27th discussing the critical role that the Community Action network can play in facilitating the Low-Income Home Water Assistance Program (LIHWAP). With over $1.1 billion in new emergency funding, LIHWAP helps low-income households maintain access to drinking water and wastewater services by paying for water utility reconnections and bills. Grant recipients may work with local CAAs to distribute LIHWAP funding to benefit eligible households.

The webinar will feature CAAs from Michigan, Iowa, and Kentucky sharing their experiences planning for and launching their LIHWAP programs, and how they are leveraging other sources of funding such as Emergency Rental Assistance, LIHEAP, and CSBG, to provide utilities assistance to their communities. CAPLAW will also discuss its new resource, LIHWAP: A Primer for the Community Action Network, which is an online guide that helps the Community Action network navigate the program and better understand the role that CAAs may play in facilitating the funding. The resource incorporates current federal guidance and addresses aspects of the program critical to Community Action.

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Salary CAP: Exploring Compensation and COLA for the Head Start Workforce in Community Action Programs

The average salary of Community Action Agency jobs varies according to location, department, and job description as well as experience, skills, and education. All CAAs across the country work to foster pay equity and manage compensation costs, but how does this impact Head Start and Early Head Start staff–especially when they receive an administrative Cost-of-Living Adjustment (COLA) or substantial increases in pay and other CAA staff do not? Join us to explore CAA compensation and benefits structure, current and future workforce needs, and what CAA and Head Start and Early Head Start leadership can do to attract and retain the most qualified employees.

HOST: 

Ryan Gelman, Project Director, Public Policy and Advocacy, National Community Action Partnership

PANELISTS:


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Hydroponic Farm Social Enterprise Case Study + Webinar

Join CAPLAW for a discussion of our forthcoming case study on CT Food 4 Thought, a hydroponic greenhouse farm operated by New Opportunities, Inc., a CAA in northwest Connecticut. The webinar will feature New Opportunities’ Executive Director Bill Rybczyk, who will share the story of how his team pivoted strategically to grow its business from an idea to a successful farm producing 8,000-11,000 heads of lettuce per week. CAPLAW will highlight some of the legal choices Bill faced along the way, such as how to structure the social enterprise and manage unrelated business income tax. We will also discuss other topics, like employment arrangements and conflicts of interest, which CAAs should consider when launching a social enterprise.

Presenters: 

Bill Rybczyk, New Opportunities Executive Director;

Caroline Santilli, CAPLAW Staff Attorney

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Ask the Financial Experts: Fiscal Navigation in 2022

Fiscal administration and management issues for federal grants have become more complex for CAAs due to the historic influx of funding they received in the wake of the COVID-19 pandemic. Many of these challenges, from managing new programs and a rapid ramp-up of services, to cost allowability as needs during the pandemic evolved and closing out short-term grants, relate to the financial administration of new or increased funding streams.

To help CAAs navigate these challenges – new and old – CAPLAW, in collaboration with the National Community Action Partnership, has invited two of our most knowledgeable and engaging financial experts, Kay Sohl and Denes Tobie, to answer your questions about managing your agency’s finances.

Experts: Kay Sohl, Kay Sohl Consulting; Denes Tobie, Wipfli LLP

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Tripartite Board Selection and Composition

Part 1 of the Mastering the A-B-CSBGs: Fundamentals Series

Maintaining a tripartite board is challenging enough without questions about who can serve and how to elect them. Join this session to review the rules and guidance applicable to the public, private, and consumer sectors.

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Uses of CSBG Funds

Part 2 of the Mastering the A-B-CSBGs: Fundamentals Series

CSBG funds are unique among federal grants in that their use is guided by the needs of the communities served. Learn more about the rules and guidance governing the various ways CSBG funds can be used in this session.

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Mechanics of CSBG

Part 3 of the Mastering the A-B-CSBGs: Fundamentals Series

This session will cover the planning and reporting requirements that facilitate the implementation of CSBG at the state and agency level. We will discuss topics such as allocation of funding, designation of new eligible entity, state plans and the community needs assessment.

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Monitoring and Termination

Part 4 of the Mastering the A-B-CSBGs: Fundamentals Series

CAA leaders should understand the life cycle of a CSBG grant so they can make smart decisions about spending, reporting, and accounting for their funding. This session will explore the performance management process, including monitoring by state CSBG offices and the Office of Community Services, and terminating or reducing a CSBG grant.

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Preparing for a Government Shutdown

Join CAPLAW and NCAF as they provide the community action network with updated information about the potential for a shutdown and ways to prepare and respond to one. In this webinar, NCAF and CAPLAW will discuss the state of play in Washington and tips for how the Network can prepare for a shutdown prior to the start of the new federal fiscal year.

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Being Direct: Shared Cost Recovery through Direct Cost Allocation Webinar

In September 2023, CAPLAW and Kay Sohl Consulting developed and released Being Direct: Shared Cost Recovery through Direct Cost Allocation, a resource that explores how CAAs can use direct cost allocation to recover costs that benefit multiple funding awards. Now CAPLAW and financial expert Kay Sohl are hosting a webinar to present the resource and discuss the issues it covers, including factors CAAs should weigh when deciding whether to fully recover costs using direct cost allocation principles; how to recover costs using a cost allocation plan; and allowable and unallowable cost allocation methods. Please join us for this important discussion.

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Let’s Talk About Changes to the Uniform Guidance

Join us for a discussion of key, potential changes on the horizon to the rules that govern the administration and use of federal awards. On October 5, 2023, the Office of Management and Budget (OMB) published proposed revisions to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). If implemented, the revisions could result in a number of impactful changes, including increasing the de minimis rate for indirect cost recovery from 10% to 15%; removing certain prior written approval requirements; clarifying when recipients and subrecipients may notify OMB of disputes with regard to a Federal agency's acceptance of a federally negotiated indirect cost rate; and more. We will share our analysis of the proposed changes and our understanding of their potential implications for federal grant recipients and subrecipients. We’d also like to hear your thoughts, especially with respect to any feedback you think is important to share with OMB. Register Now.

Understanding the 2024 Uniform Guidance Revisions

The Uniform Guidance has been updated! The revised regulations contain numerous changes that will affect how federal grant recipients and subrecipients, including community action agencies, administer their federal funds. Join CAPLAW for a webinar about the changes and the potential impacts for the community action network.

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Overtime Rule Salary Level Increasing

On April 26, 2024, DOL published a Final Rule on Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees (the “Final Rule”). In this webinar, CAPLAW will discuss the Final Rule, impacts the changes could have on CAAs, and any new developments related to its implementation. Please register here to attend this important session.


CAPLAW discusses these key changes and more in this news alert: DOL Increases Salary Level for FLSA Overtime Exemption

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Part 1: Maximizing Understanding of the New De Minimis Rate

With the effective date of the updated Uniform Guidance fast approaching, the increase in the de minimis rate from 10% to up to 15% of modified total direct costs invites the question: should a CAA elect to use the new de minimis rate? To help CAAs understand the new de minimis rate and other related adjustments to the Uniform Guidance that impact cost recovery, CAPLAW is hosting this two-part webinar series with financial expert Kay Sohl.

Part 1 of the series will explain the updates to the de minimis rate option and how it compares to other methods of cost recovery, such as negotiated indirect cost rates and direct cost allocation plans. We will describe how CAAs can assess and consider whether a de minimis rate of up to 15% makes sense for them, and present common de minimis rate-related issues that confront CAAs as recipients of multiple sources of federal, state, and local funding.

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Part 2: Maximizing Understanding of the New De Minimis Rate

With the effective date of the updated Uniform Guidance fast approaching, the increase in the de minimis rate from 10% to up to 15% of modified total direct costs invites the question: should a CAA elect to use the new de minimis rate? To help CAAs understand the new de minimis rate and other related adjustments to the Uniform Guidance that impact cost recovery, CAPLAW is hosting this two-part webinar series with financial expert Kay Sohl.

Part 2 will focus on practical examples that illustrate the application of the rate and potential challenges discussed in Part 1, such as when specific funding sources impose limits on administrative cost recovery.  We will also spend time answering questions posed in Part 1 as well as in Part 2 with the goal of helping CAAs think through their cost recovery strategies and approaches in light of the changes to the Uniform Guidance.

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CAPLAW Pulse: New Resources You Should Know

In this webinar, CAPLAW attorneys will explain the key legal framework behind each resource, providing general insights on state open meetings laws, immigrant eligibility for various public benefits, and responding to data incidents. This session will also include a brief demonstration of the resources and how they can enhance CAAs' compliance, operations, and programs.

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