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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Licensing Requirements for Summer and Other Childcare Programs

Posted on April 25, 2018

The Georgia Department of Early Care and Learning (DECAL) requires that “all programs providing group care for children” obtain either a license or an exemption from licensing. You cannot simply assume that your program is exempt.

If you operate a child care program in Georgia, you must either obtain a license or an official determination that the program is exempt from licensing rules. Ignoring these requirements can lead to fines or even prosecution for operating an unlicensed facility. This article provides information about Georgia licensing requirements, and how to obtain an exemption if your program is eligible to receive one.

Update – Gun Laws in Georgia: Can a Nonprofit Restrict Guns On Its Property?

Posted on April 9, 2018

Prior to 2014, many nonprofits in Georgia, particularly those that work with vulnerable populations including children, the elderly, and victims of violence, did not permit weapons on their premises. In 2014, the Safe Carry Protection Act was adopted in Georgia, and significantly limited the ability to restrict gun carrying by licensed gun owners. This law affected nonprofits that had such restrictions, and particularly those that were located in government buildings or leased property from a municipality, county or the State of Georgia. This article, which describes the rules regarding restrictions on gun carrying as set forth in the Safe Carry Protection Act, has been updated to address a 2018 decision in favor of the Atlanta Botanical Garden, which may allow gun restrictions to be put in place by nonprofits leasing government property if they meet certain criteria.

Click here to read the article.

Protecting Confidential Information – Five Steps to Consider

Posted on February 28, 2018

Nonprofits, like all organizations, collect and create information that is valuable to the organization and important to maintain in confidence. Examples include client information (including personal and medical information), donor information, personal information (about board members, volunteers, or employees), as well as other business and financial information that needs to be protected. This article outlines five steps organizations should consider in protecting their confidential information.

Employees, Independent Contractors and Interns: Correctly Classifying Your Workers

Posted on February 1, 2018

Just like any workplace, a nonprofit organization has workers who aid the nonprofit in the pursuit of its goals. These workers are the nonprofit’s most valuable asset, and their performance will often determine the organization’s overall success.

The attached articles address recent legal developments and answer three important questions for the nonprofit employer:

– Is a nonprofit’s worker an employee or an independent contractor?
– Are the nonprofit’s employees classified correctly as exempt or nonexempt under the Fair Labor Standards Act?
– Can the organization have unpaid interns?

Click here to read the articles: Guidance for Nonprofits Seeking to Use Unpaid Interns and Proper Worker Classification in the Workplace: Avoiding Misclassification Issues.

Proper Worker Classification in the Nonprofit Workplace: Avoiding Misclassification Issues

Posted on January 24, 2018

Just like any workplace, a nonprofit organization has workers who aid the nonprofit in the pursuit of its goals. These workers are the nonprofit’s most valuable asset, and their performance will often determine the organization’s overall success. However, is a nonprofit’s worker an employee or an independent contractor? Is there a difference? Does it matter?

A nonprofit will often treat paid workers as contractors – it is easier and there are less administrative and tax burdens. However, most paid workers are actually employees, and must be paid as such in order to avoid significant legal liability for the organization. This includes payment of overtime and minimum wage.

This article discusses how to determine whether to pay a worker as an employee or an independent contractor, and what the differences are under Georgia and federal law. First, we will review how employee and independent contractor classifications are interpreted by the United States Department of Labor (USDOL), the Internal Revenue Service (IRS), and the Georgia Department of Labor (GDOL). Then, we will examine the Fair Labor Standards Act (FLSA) to help determine whether an employee is exempt from minimum wage and overtime pay requirements. Included within this article are links which lead to USDOL guidelines.

Is It Okay for Your Interns To Be Unpaid?

Posted on January 17, 2018

Guidance for Nonprofits Seeking to Use Unpaid Interns

Unpaid interns are often an asset to nonprofits, bringing with them a desire to learn and a passion for the cause of the organization. Although unpaid internships can benefit all involved and are generally permissible in the nonprofit arena, nonprofits should approach these relationships with some degree of caution, taking care to ensure that the primary benefits of the internship accrue to the intern, rather than to the organization. Care must be taken to ensure the required criteria for unpaid internships are met. If the criteria are not satisfied, interns could be employees of the organization who are covered by the minimum wage and overtime requirements of the federal Fair Labor Standards Act (“FLSA”). In January of 2018, the United States Department of Labor (US DOL) updated its test for determining when an internship can be unpaid. This article provides guidance about how to determine if your interns can be unpaid under the new test adopted by the US DOL.

The “Tax Cuts and Jobs Act of 2017” – What it means for our small §501(c)(3) nonprofit clients

Posted on December 22, 2017

There were many proposals in the House and Senate tax reform bills that could have affected small §501(c)(3) nonprofit clients, and now that the dust has cleared and the bill has become law, here are the main changes that could affect Pro Bono Partnership of Atlanta clients.

A Practical Guide to Disability Accommodation in the Nonprofit Workplace

Posted on October 31, 2017

Disability accommodation issues can be challenging in any workplace, including the nonprofit workplace. This article provides general information and guidance for nonprofits on how to identify an accommodation request under the Americans with Disabilities Act, and how to address such a request once it is received.

Because requests for accommodation can raise significant legal issues, Pro Bono Partnership clients should contact us if they have any questions about such a request, or if they are contemplating denying such a request.

DACA and Tax Exempt Charities

Posted on October 4, 2017

Many tax exempt charities are interested in presenting their views regarding the Deferred Action for Childhood Arrival policy, commonly referred to as “DACA.” The policy, initially implemented by President Obama, permitted certain illegal immigrants who arrived in the United States as children to remain here and apply for work permits. President Trump has rescinded the policy but provided a six-month effective date for the change. Accordingly, Congress may pass legislation during this period to codify all or elements of DACA. For example, certain Senators have introduced the “Success Act” which would codify certain elements of DACA. This article will discuss the extent a charity may be involved in this policy issue without jeopardizing its tax-exempt status.

Proposed Overtime Rule Struck Down by Texas Court: What Does This Mean For Employers?

Posted on September 7, 2017

Last week, the federal district court in Texas issued a final order striking down the modified overtime rule proposed by the Obama administration, which would have raised the salary level for exemption from overtime from $455 per week to $913 per week. The court held that the Department of Labor (DOL) is allowed to include both a salary and duties test to determine eligibility for overtime, but the amount of salary proposed by the Obama Administration’s DOL was too high. Prior to the ruling, the proposed change to the overtime rule had been “on hold’ based on a preliminary injunction issued by the same court on November 22, 2016.

What does this mean for nonprofit and other employers? While an appeal of the original preliminary injunction issued in November of 2016 is still pending, it is unlikely that the appeal will move forward after this decision. The DOL has already called for public comment to assist it in proposing a new overtime rule, and will now likely move forward with the administrative process required to develop and propose a different modification to the overtime rule. For now, the rule prior to the Obama Administration’s proposal, including both a duties test and the requirement of a salary in excess of $455 per week for most exemptions from overtime, remains in effect.

Please contact your Pro Bono Partnership of Atlanta attorney if you have any questions.