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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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: 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.

Updated Sales Tax Exemption Information for Certain Georgia §501(c)(3) Organizations

Posted on March 25, 2019

The Georgia Department of Revenue issued two notices on March 1, 2019 updating its previous policy bulletins regarding sales tax exemptions involving certain 501(c)(3) organizations. These notices update Policy Bulletins SUT-2017-04 (PDF) and SUT-2017-02 (PDF).

Here We Go Again: Department of Labor Proposes New Changes to Overtime Regulations!

Posted on March 21, 2019

On March 7, 2019, the United States Department of Labor (DOL) released proposed revisions to the overtime regulations that, if issued as final regulations, will increase the number of employees who are eligible for overtime pay. This article summarizes the proposed changes.

Can My Nonprofit Be Sued Over Donated Food?

Posted on February 15, 2019

Food donations support many in need, but nonprofits must not overlook their legal risks and obligations in distributing donated items. Every day, food is wasted by restaurants, growers and stores. This is in part because potential donors fail to understand food donation policy or fear possible liability. Fortunately, a federal law known as the Bill Emerson Good Samaritan Act provides fairly broad protections to food donors and nonprofits distributing donated food. This article provides an overview of the Good Samaritan Act and some factors to consider for nonprofits engaged in or considering engaging in food donations.

UPDATED: Determining Your Unrelated Business Income Tax Owed if You Provide Parking & MARTA Passes to Your Employees

Posted on January 19, 2019

If you are providing parking to your employees on your own property, on leased property, or on a nearby parking lot, or if you are providing MARTA passes to employees, whether you are paying directly for these benefits or providing them through a pre-tax deduction to your employees’ pay, there may be tax implications for your organization under the Tax Cuts and Jobs Act. This article will provide you with information about the potential tax implications for nonprofits that provide these benefits to their employees, and includes updated information from the IRS on this subject.

Continuing Government Shutdown Impacts Employers (Including Nonprofits)

Posted on January 18, 2019

The government shutdown has impacted some government agencies and services that are typically used by or interact with nonprofit employers. The purpose of this article is to inform you of the current situation involving various federal agencies with which you may have contact.