The materials in our Resources section are for informational purposes only, without any representation that they are accurate or complete. These publications do not constitute legal advice and do not create an attorney-client relationship between the reader and any other person, nor are they an offer to create such a relationship. These publications are current as of the date written, but laws change over time and vary from state to state. As a result, the information presented here may not be timely and/or appropriate for any state not specifically addressed in a publication. Consult an attorney if you have questions regarding the content of any publication.

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Posted on October 28, 2016

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.

Posted on September 26, 2016

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

Please click here to view webcast.

Posted on May 6, 2015

Performance reviews help nonprofit organizations establish, communicate, and enforce their expectations for employees. At the same time, they can provide facts and evidence to support employment decisions, and to defend against legal claims. This article describes how to implement an effective performance review process in your organization to help engage and empower your employees, create open lines of communication between employees and management, and achieve the organization’s performance goals.

Posted on October 17, 2014

Georgia employers who hire and retain employees with prior criminal convictions may be protected against negligent hiring and retention claims under the new Fair Business Practices Act, which took effect July 1, 2014.

The Act provides that employers are presumed to have exercised the necessary due care in hiring, employing and otherwise interacting with former criminal offenders who either received a pardon or earned a program certificate issued by the Department of Corrections for successful completion of a re-entry assistance program. The new law does not extend protection for serious violent offenders, and it does not give employers unchallenged protection against claims of negligence.

Negligent hiring or retention claims still may be supported by evidence outside the scope of the pardon or program certificate of which the employer knew or should have known. For example, the new law does not alleviate the need for background checks by employers. For additional information, read the full article.

Posted on April 17, 2014

Your nonprofit organization is established and growing, and you feel like you are ready to hire your first employee. But are you really ready? What are the upsides of hiring an employee? Do you understand the risks of hiring an employee (or more than one employee)? What must you know before you take that leap and become an employer?

Join us for this practical workshop that provides an overview and key guidance on questions such as:
• What does having an employee really mean?
• How are employees different from volunteers or contractors?
• What are an employer’s legal duties and obligations to its employees?
• How can you best manage the risks that come with having employees?
• When and how do workers compensation, unemployment insurance, and other government requirements for employers come into play?
• How do you find, select and (ideally) keep good employees?

Presenter:
Evan Pontz, Troutman Sanders

Click here for webcast

Posted on June 25, 2013

Nonprofit employees are often motivated not only by a paycheck, but by a passion for the organization that employs them. Such employees may feel inspired to contribute to their organization outside of their normal working day, in a volunteer capacity. Although these arrangements can benefit all involved, employers must approach them with caution. When certain conditions are not met, even employees who freely volunteer their time may be considered to be “working” and therefore entitled by law to a paycheck. Read this article before you let employees “volunteer” for your nonprofit.

Posted on May 17, 2012

An employee evaluation is the constructive process of conducting an assessment and review of an employee’s job performance. Most nonprofit organizations have a plan in place to ensure success in accomplishing the goals of the organization. Employee performance evaluations, if done with thought and care, can contribute to the organization’s success by helping employees see how their job responsibilities and expected contributions fit within the overall mission of the organization. Employee evaluations can allow management to remain in tune with the needs and concerns of the workforce, and, in many ways, help the organization minimize legal exposure when faced with lawsuits from problem employees.

During this one hour webcast, our speaker explains:

  • The benefits of conducting regular employee performance evaluations;
  • The “Don’ts” of conducting employee evaluations;
  • Best practices for conducting more thorough and legally sound employee evaluations;
  • The impact of employee evaluations in litigation;
  • Evaluating the problem employee; and
  • What to do when an employee disagrees with your evaluation

Presenter: Marquetta Bryan, Partner, Carlock, Copeland & Stair