Nonprofit Legal Alerts

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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New Overtime Rule Increases Salary Threshold Effective January 1, 2020

Posted on September 26, 2019

Many employees who are not eligible for overtime pay, including employees of nonprofit organizations, will become eligible on January 1, 2020 because of a new final overtime rule issued by the Department of Labor on September 24, 2019. The salary threshold for overtime eligibility will increase from $455 per week to $684 per week. Nonprofit employers should start planning now to address the obligation to pay overtime to employees who are not eligible for overtime under the current rules as these new rules may lead to significant additional costs.

Nonprofit Staffing Strategies for New Overtime Regulations

Posted on September 25, 2019

On September 24, 2019, the United States Department of Labor issued a final rule raising the minimum salary required for the “white collar” overtime exemptions (executive, administrative, and professional) from $455 per week ($23,600 per year) to $684 per week ($35,568 per year). The DOL further raised the salary threshold for the “highly compensated” exemption from $100,000 to $107,432. The new rule takes effect on January 1, 2020.

Under this new rule, 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 $35,568 per year. The new regulations will significantly impact the nonprofit world, where salaries in the $25,000-$35,000 range are common. Nonprofits should start planning now to meet the upcoming budgetary challenges

Employee Handbooks for Nonprofit Organizations

Posted on September 20, 2019

An employee handbook can be an important tool in clarifying roles, enhancing performance management, and reducing legal risk in a nonprofit organization. A clearly drafted and comprehensive employee handbook that contains policies the organization actually follows, can help ensure not only that managers, supervisors and employees understand the rules and guidelines that govern their employment, but also that the organization is in compliance with legal requirements.

Thinking About Changing Your Name?

Posted on September 5, 2019

If your organization’s plans for the new year include a name change, check out our article that presents steps for changing the legal name of a 501(c)(3) tax-exempt, nonprofit organization in Georgia.

Is Your Website Required to Be Accessible to Disabled Individuals? Recent Case Says “Yes”

Posted on August 30, 2019

Title III of the Americans with Disabilities Act (“ADA”) requires organizations to make reasonable modifications to policies, practices, and procedures in order to make their goods and services available to people with disabilities. While this provision has historically been applied to physical “brick-and-mortar” facilities, some courts, including the 9th Circuit Court of Appeals in a recent case, and the United States Department of Justice (“DOJ”) are now interpreting the provision as applicable to commercial websites that offer goods or services for sale, including nonprofit websites where goods or services are sold. In addition, private attorneys have been filing lawsuits to challenge the lack of accessibility of commercial websites.

So You Have a Service Animal: The Obligations of Nonprofits to Individuals with Service Animals

Posted on July 29, 2019

Confusion over service animals, which are specially trained to help people with disabilities, and emotional support animals, which are used to provide emotional support, but don’t necessarily require any specialized training, have become prevalent in our day and time. Under the Americans with Disabilities Act (ADA), State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. So if you run a nonprofit and you run afoul of this provision, you could find yourself in violation of ADA and/or the State or local law. In the State of Georgia, denial or interference is a misdemeanor of a high and aggravated nature punishable by a fine not to exceed $2,000.00, imprisonment for not more than 30 days, or both.

Mandatory Electronic Filing of Form 990s

Posted on July 29, 2019

Up to now only section 501(c)(3) public charities with assets totally $10 million or more and those filing Form 990-N were required to file electronic Form 990s. With the Taxpayer First Act, all 501(c)(3) public charities will be required to file their Form 990, Form 990EZ or Form 990N electronically. This requirement will be phased in over the next couple of years.

Webcast: Galas & Tournaments & Festivals, Oh My! Part 1: Galas and Silent Auctions

Posted on July 16, 2019

Does your nonprofit host auctions or galas as part of its fundraising efforts? Venue, caterer, silent auction items . . CHECK!

What about:

– Registering with your local sheriff to host that raffle?
– If you are serving alcohol, applying for a liquor license?
– Paying and collecting sales taxes on catering, ticket sales and auction items?

In this presentation, we will provide insight and updates to help you identify what you should do (or not do) to help your nonprofit remain in compliance.

Presenter: Mary Benton, Alston & Bird LLP

View the webcast here.


These educational materials are also mentioned in the webcast:

Webcast: Bottoms Up: Serving Alcohol at Your Nonprofit’s Event
Article: How to Hold a Legal Raffle in Georgia
Webcast: Fundraising and Sales Tax – What Every Nonprofit Needs to Know
Webcast: Thanking Donors- The Legal Way

Webcast: Avoiding Fraud And Cyber Risk From Inside and Outside Your Nonprofit

Posted on June 24, 2019

You have heard the stories: “Unsuspecting employee gives company bank information to hacker, Company loses millions!” As you read this, you think cybercrime and embezzlement would never happen within your nonprofit. Or could it? In this webcast, John & Anush talk about fraud and your nonprofit, including concerns such as:
• How to detect potential fraud.
• What to do if you suspect there is fraudulent behavior by an employee.
• What to do if you receive a suspicious email.
• Oh no, we were duped! What to do after the fraud has occurred.

View the webcast here.

New Privacy Rules and Nonprofits – What You Can Do Now

Posted on June 21, 2019

In everyday media, privacy is the buzz word. Organizations have been nervously busy for some time understanding which privacy rules apply to their businesses. Often more than one regulation applies. In 2018, the European Union adopted the General Data Protection Regulation (GDPR), data privacy regulations which are influencing data privacy rules and practices in the United States and internationally. California also has a new privacy law to consider. This article outlines some practical privacy compliance program considerations for smaller organizations.