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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
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Experience:  Employment/Labor Law Litigation
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Is a Non-profit funded by the government subject to the

Customer Question

Is a Non-profit funded by the government subject to the jurisdiction of the National Labor Relations Board? The Center provides help and counseling to children who are the victims of family violence.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

That will depend on the nature of their funding. In most cases, government funding does NOT covert the employer into a government employer. They are contractor or independent private organization, which would then be subject to the NLRB because that entity has jurisdiction over any employer that is not a government employer.

I am not personally aware of any non-profits that have taken on a government agency mantel, but I suppose that it could happen where a non-profit is coopted by a government agency and ultimately just becomes another arm of the government.

In every circumstance though that I have seen with funded non-profits, they maintain their private entity status and would subject to the NLRB.