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.

Paying Employees

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Posted on November 15, 2016

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.

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 April 19, 2016

On June 30, 2015, the United States Department of Labor proposed raising the minimum salary required for the “white collar” overtime exemptions (executive, administrative, and professional) from $455 per week ($23,600 per year) to $921 per week ($47,892 per year), with automatic annual upward adjustments. These regulations are likely to be adopted in the next few months. If these regulations take effect, many employees who are currently classified as salaried exempt will no longer pass the salary test. This change will affect millions of employees who earn more than $23,600 but less than $47,892 per year. The new regulations will significantly impact the nonprofit world, where salaries in the $25,000-$45,000 range are common. Nonprofits should start planning now to meet the upcoming budgetary challenges. A new article on our website helps guide nonprofits through these changes.

Posted on July 15, 2015

On June 30, 2015, the Department of Labor released its long-awaited proposal to update the minimum salary requirement for the Fair Labor Standard Act’s white collar exemptions. If the proposal goes into effect, probably sometime in 2016, many employees currently classified as exempt from overtime will likely become eligible for overtime. This article explains the proposed changes and what they could mean for your organization.

Posted on September 11, 2013

Payroll tax mistakes can result in IRS audits and costly penalties for your nonprofit. The IRS is paying more and more attention to payroll tax compliance by employers, including nonprofits. To make matters worse, nonprofit managers and directors can be held personally liable for unpaid payroll taxes and penalties. Learn the basics of payroll taxes and how you can avoid costly mistakes in this webcast.

Presenter: Rachel Spears, Pro Bono Partnership of Atlanta

To view the archived version of this webcast, click here.

Posted on July 18, 2013

Has your nonprofit ever received a garnishment order? Do you know what to do if you get one? Any employer could potentially receive a garnishment order. Wage garnishment generally occurs when an employer is required by a court to withhold the earnings of an employee for the payment of the employee’s debt (such as taxes or child support). If a nonprofit receives a garnishment order and fails to follow correct procedures, it might have to pay back all of the money owed by the employee. Garnishment can also be a tool for nonprofits who are seeking to recover damages from a lawsuit.

This 30-minute presentation explores the following:
• how to manage both sides of a garnishment;
• how to respond to a garnishment order; and
• how to seek garnishment payments.

To view the archived version of this webcast, click here

Posted on June 27, 2012

When does my organization have to pay employees overtime? Must they be paid when they are “on call”? What is the minimum wage? This article provides some general information on the requirements for paying employees in the state of Georgia.

Posted on December 7, 2011

Questions about minimum wage and overtime can be real puzzlers for any business. Getting it wrong can mean a lawsuit or a Department of Labor audit. Avoid problems with the good information here.

Posted on December 6, 2011

Because you are a nonprofit the Internal Revenue Code puts limits on how much you pay your executives. Learn more here to avoid stepping over that line.

Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, on the laws of the District of Columbia. As a result, the information may not be appropriate for organizations operating outside the District of Columbia.

Posted on December 6, 2011

The IRS prohibits every 501(c)(3) nonprofit from paying its officers, directors and other insiders too much for any goods or services they provide to the organization. Nonprofits that do not follow these rules, and any officer or director who approved an excess payment, may be subject to taxes, fines and other penalties. This article will help your nonprofit determine whether a payment is within acceptable practices or whether it would result in an excess payment.

Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, on the laws of the District of Columbia. As a result, the information may not be appropriate for organizations operating outside the District of Columbia.