Even if they have done everything “right” when terminating an employee, employers will occasionally get sued. So, if doing things by the book is not enough, what is? The answer is to avoid what inspires a former employee to visit an attorney. Here are four lessons learned from an attorney who has litigated employment claims for over 20 years.
Many nonprofit employers conduct background checks on potential employees and volunteers. Under the Fair Credit Reporting Act (“FCRA”), employers must obtain a signed Disclosure and Authorization form from an applicant before conducting a background check. The FCRA requires that the form be a completely standalone document, without any additional information. A court recently ruled that employers may not include in the form language asking the applicant to release the company from liability in connection with the background check. An employer that includes such language in the form rather than presenting it in a separate document is potentially liable for significant damages and court costs.
All employers must properly complete a Form I-9 for every person they hire in the United States. The USCIS recently issued a revised version of the Employment Eligibility Verification Form I-9 and, as of January 22, 2017, employers must only use the new version of this form.
This article includes more information on the revised I-9 and a reminder about the requirement that certain Georgia employers also use e-Verify to verify immigration status for employees.
Small employers were presented with a holiday gift – the opportunity to reimburse their employees for premiums paid for insurance purchased in the individual market. This practice had been prohibited under the Affordable Care Act (“ACA”). The new law, passed as part of the 21st Century Cures Act, allows small employers to adopt qualifying reimbursement programs effective as early as January 1, 2017. Please read this article to determine whether this new opportunity is right for your organization.
This fact sheet, published by Seyfarth Shaw LLP, provides information about the changes to the Fair Labor Standards Act that will be effective December 1, 2016 and what they mean for employers. It also identifies and explains common exemptions from the minimum wage and overtime requirements of the FLSA.
Resources for Clients Addressing the New Overtime Regulations under the Fair Labor Standards Act:
Pro Bono Partnership of Atlanta recognizes the challenges that the new overtime regulations under the Fair Labor Standards Act (“FLSA”) pose to our clients. These changes become effective on December 1, 2016, and advance preparation to get ready to implement them is necessary. Therefore, we have compiled this list of resources to assist nonprofits in addressing these changes. All of these resources are available on the Pro Bono Partnership of Atlanta website, and through the links below.
• Legal Alert: Overtime Eligibility Expands on December 1, 2016: http://www.pbpatl.org/nonprofit-legal-alerts/overtime-eligibility-expands-on-december-1-2016/ – This article provides information and resources to help organizations understand the changes that are being implemented on December 1, 2016.
• Article: Nonprofit Staffing Strategies for the New Overtime Regulations: http://www.pbpatl.org/nonprofit-legal-alerts/nonprofit-staffing-strategies-for-new-overtime-regulations-2/ – This article includes information about ways organizations will need to adapt their operations to comply with the new FLSA regulations that become effective on December 1, 2016.
• Webcast: Checking the Facts: How the New Overtime Regulations Impact Nonprofits: http://www.pbpatl.org/workshops-and-webcasts/checking-the-facts-how-the-new-overtime-regulations-impact-nonprofits/ – This webcast provides basic guidance to help organizations understand the requirements of the new FLSA regulations and their implications.
• Webcast: The Fair Labor Standards Act for the Georgia Network to End Sexual Assault: http://www.pbpatl.org/workshops-and-webcasts/fair-labor-standards-act-for-gnesa/ – This webcast was presented for a specific client group, but has much broader relevance for nonprofit organizations. It provides both an overview of the law’s requirements, and practical information about how to address the new requirements, and how to work with nonexempt employees to ensure proper timekeeping and pay practices. It also specifically addresses issues that arise with regard to 24-hour operations including working with on-call employees.
• Booklet: Implementing the FLSA Overtime Changes: What Every Nonprofit Needs to Know: http://www.pbpatl.org/uncategorized/flsa-overtime-changes-what-every-nonprofit-needs-to-know/ – This booklet, published by Altera Payroll and Insurance, provides practical guidance and form communications to help organizations implement changes made necessary by the FLSA amendments effective December 1, 2016.
• Webcast: Get Your Organization Ready for the Fair Labor Standards Act Changes, delivered by the Georgia Center for Nonprofits: http://gcn.adobeconnect.com/p7cuzu4zryt/?OWASP_CSRFTOKEN=224fb966051590d1a3555f39412ee5b6296e0621d3163c55012b138be120ed64 – This webcast, delivered by the Georgia Center for Nonprofits, provides practical advice regarding implementing changes within your organization, including addressing management, culture, financial, and technology concerns raised by the changes.
• Fact Sheet: FLSA Changes and Exemptions: http://www.pbpatl.org/resources/flsa-changes-and-exemptions-seyfarth-shaw-llp/ – This fact sheet, published by Seyfarth Shaw LLP, provides information about the changes to the FLSA effective December 1, 2016 and what they mean for employers. It also identifies and explains common exemptions from the minimum wage and overtime requirements under the FLSA.
This booklet, published by Altera Payroll and Insurance, provides practical guidance to assist organizations seeking to implement and communicate changes that are required as a result of the new overtime regulations under the Fair Labor Standards Act to their employees. Please contact your attorney at Pro Bono Partnership of Atlanta if you need legal advice about specific situations in your workplace.
For more information, please click here for the article on Nonprofit Staffing Strategies for New Overtime Regulations
This webcast, originally presented for the Georgia Network to End Sexual Assault, includes important information to help nonprofits comply with the Fair Labor Standards Act and to prepare for the new overtime regulations that go into effect on December 1, 2016. It provides an excellent overview of the law’s requirements along with practical information about working within those requirements both for organizations with 24-hour operations and all other nonprofits.
Presenters: Valerie Barney, Mohawk Industries, Inc. and Whitney Ferrer, Littler Mendelson, PC
The U. S. Department of Labor recently issued changes to the Fair Labor Standards Act (“FLSA”) regulations that govern overtime exemptions for executive, administrative, and professional workers. Pro Bono Partnership of Atlanta has partnered with the Georgia Center for Nonprofits to provide this webcast to help nonprofits understand the changes. Among other changes, which are discussed in the webcast, the new regulations will increase the minimum salary level required to qualify for exemption effective December 1, 2016.
This webcast provides detailed guidance on the regulations, and practical steps nonprofit employers can take to respond strategically to these changes.
Presenter: Amy M. Palesch, Littler Mendelson, P.C.
Please click here to view the webcast.
Nonprofits have a variety of workers who help the organization. How to classify those workers is not as simple as one would think, and failure properly to classify workers can lead to costly and time-consuming unemployment and workers’ compensation claims, U.S. and Georgia Department of Labor audits and IRS investigations. In some cases, nonprofit board members and staff can be held personally liable for unpaid payroll taxes when an employee is incorrectly treated as a contractor. Under the law, specific factors are considered in determining the classification of workers as independent contractors or employees.
During this webcast, our speaker will help nonprofits:
Identify who is an independent contractor and who is an employee;
Avoid the risks of classifying workers improperly; and
Establish a proper independent contractor relationship.
Speaker: Crystal McElrath, Swift Currie