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Posted on October 13, 2020

New Executive Order 13950 was issued on October 7, 2020, that, among other things, instructs government contracting agencies to add provisions to government contracts prohibiting the use of any workplace training “that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating.” In addition to prohibiting employment training that implicates race or sex stereotyping, “scapegoating” or “divisive concepts” like unconscious bias, the new order implements new notice and posting requirements; instructs the Office of Federal Contract Compliance Programs (“OFCCP”) to create a complaint hotline for violations of the order; and instructs the OFCCP to initiate a process for collecting employee training materials and related information used by contractors relating to diversity and inclusion efforts. Please see this article from Venable LLC explaining the Executive Order, and this article from Venable LLC which discusses the recent guidance issued by the OFCCP on implementing this Executive Order.

Despite the fact that portions of this Executive Order may violate First Amendment protections and be inconsistent with other existing laws and regulations, failure to comply with it could result in severe consequences for nonprofits that contract with or receive grants from the Federal government. Nonprofit organizations that are federal contractors, subcontractors or grant recipients should revisit any training they are providing in light of the requirements imposed by the Executive Order.

Posted on August 6, 2020

Georgia has enacted a law that provides immunity from certain civil lawsuits that may arise in the wake of the COVID-19 Pandemic. The Georgia COVID-19 Pandemic Business Safety Act (the “Act”) contains sweeping provisions that will provide much needed peace of mind during these uncertain times. However, there are important limitations to the Act’s reach that your nonprofit should consider before relying upon its protections. Read this article to learn more about the protection provided by the Act.

Posted on July 1, 2020

Updated on August 5, 2020

Small nonprofits that have received money under the CARES Act Paycheck Protection Program (“PPP”) will want to take advantage of the loan forgiveness provisions. This article summarizes the factors a small nonprofit should consider to maximize its loan forgiveness using the latest information available. In addition, this article discusses the newly released loan forgiveness applications and process.

Posted on May 19, 2020

Revised on May 27
On Friday, May 15, 2020, the SBA released its Paycheck Protection Program (“PPP”) Loan Forgiveness Application and detailed instructions that must be completed by borrowers and submitted to their lenders in order to obtain forgiveness. The Application provides greater clarity about what payments can be forgiven, provides more flexibility regarding costs, and reduces borrower compliance requirements, simplifying the process for borrowers. The SBA also announced that it will soon issue regulations and guidance to further assist borrowers as they complete their Applications and to provide lenders with guidance on their forgiveness responsibilities. This article covering the application provides changes to and further information on PBPA’s Loan Forgiveness article.

Posted on May 14, 2020

Many organizations have halted in-person operations, stopped using volunteers, and changed the way they are providing services to clients during the COVID-19 pandemic. This article will summarize some of the things nonprofits should start to consider as the shelter-in-place requirements are loosened and nonprofits consider whether to re-engage in person with clients and volunteers. Please be aware that this article is not intended to induce any organization to re-open facilities or invite clients or volunteers to enter before it is safe or feasible to do so, but is intended to help you to start thinking about those items that need to be considered before and when you do re-open.

Posted on March 27, 2020

Updated April 3, 2020

The CARES Act (Coronavirus Aid, Relief, and Economic Security Act), passed in the U.S. Congress and is expected to be signed into law. Among many other things, the Act amends the Small Business Act to create a new Paycheck Protection Business Loan Program. For a limited time, the Small Business Administration (SBA) will provide 100% federally-backed loans to nonprofit organizations with 500 or fewer employees to help pay operational costs like payroll, rent, health benefits, insurance premiums, utilities, etc. Under the CARES Act, some of these loan amounts are forgivable. However, the amount that may be forgiven will be reduced if the employer makes any employee cuts or reductions in wages. This article provides details on the Paycheck Protection Business Loan Program.

Posted on March 24, 2020

Updated April 6, 2020
Please see this link for Frequently Asked Questions related to the new Family and Sick Leave obligations imposed by the Families First Coronavirus Response Act and other employment and benefits questions you may have as you are managing your workforce through this crisis. Please be aware that these FAQs have been updated to reflect additional guidance issued by the U.S. Department of Labor at the end of March 2020. Please contact your PBPA attorney if you have additional questions

Posted on March 19, 2020

The Families First Coronavirus Response Act (the “Act”) was signed into law on March 18, 2020 and goes into effect on April 2, 2020. This law is a financial aid package intended to address the Coronavirus outbreak. It includes several employment-related provisions that affect will employers with fewer than 500 employees, including nonprofits. Employers are required to provide family leave for public health emergencies and paid sick leave. Employers have 15 days to determine how they will comply with the Act and start implementing it. They will also need to provide notice to employees of these new requirements through postings and policies. While the Act provides the Department of Labor with the ability to issue regulations to exempt certain employers with fewer than 50 employees from the family leave requirements, please be aware that no such regulations have, as yet, been issued. See this new Legal Alert for more information.

Posted on March 19, 2020

Unfortunately, in this new world of the COVID-19 pandemic, many of our clients are being faced with the need to curtail operations, and either reduce employee hours or lay off employees. Here is a notice from the Georgia Department of Labor about a requirement for all Georgia Employers to file partial unemployment claims on behalf of employees working less than their regular hours due to the COVID-19 outbreak. An employer that fails to file a claim if an eligible reduction in hours or layoff occurs may be held responsible for repaying the agency for any benefits paid to employees.

Posted on March 17, 2020

Revised on October 19, 2020

New information and legislation surrounding COVID-19 (the novel coronavirus) is coming out daily as the situation rapidly changes. PBPA, with our staff and network of dedicated volunteers, are working hard to keep you up-to-date on all the legal questions you might have for your nonprofit organization. There is a vast number of resources available online. Below is a short list of resources we would recommend to Georgia nonprofits and links that will lead you to more information.

 

RE-OPENING AND BACK-TO-WORK

My Employee Tested Positive for COVID-19. Now What?

Podcast: Safety Considerations As Your Nonprofit Employees Return to Work

Are Clients and Volunteers Coming Back to Your Facility?

Webcast: Syncing COVID-19 Employment Policies and Practices with your Existing Policies

Building Readiness: Reopening Our Doors Frequently Asked Questions (FAQ) by CAPLaw

Do You Need to Report Workplace COVID-19 Cases to OSHA?

Questionnaire for Volunteers, Clients and Other Visitors Returning to Your Nonprofit Facilities

Do This One Thing To Take Advantage of Potential COVID Immunity

 

BEST PRACTICES TO KEEP IN MIND DURING PANDEMIC

Webcast: COVID-19 Legal Issues

PBPA Podcast: The Role of a Nonprofit Board During COVID-19

HIPAA During a Pandemic

PBPA Podcast: COVID-19 Contract Cancellations

Thinking of Invading Your Endowment?

Podcast | Managing Your Remote Workers

Webcast: COVID-19 Lease Issues – Considerations and Practical Guidance for Landlords and Tenants

 

CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES)

The CARES Act was signed into federal law on March 25, 2020 to provide nonprofits with economic relief during the COVID-19 pandemic, including forgivable loans.


Paycheck Protection Program Articles, Webcasts and Resources

Summary of CARES Act

Coronavirus Emergency Loans Guide by the U.S. Chamber of Commerce

SBA Economic Injury Disaster Loans & CARES Payroll Protection Program

PBPA Chart Comparing Loan Options

Some Good News for Nonprofits: The CARES Act Encourages Charitable Giving

 

FAMILIES FIRST CORONOVIRUS RESPONSE ACT (FFCRA)

The FFCRA was signed into law on March 18, 2020 to provide emergency benefits to employees and tax credits for small employers.

Article Summarizing FFCRA

FAQs by PBPA

Webcast: COVID 19 Navigating Changes for Employers in the Nonprofit Workplace

FAQs by U.S. Department of Labor and Article Clarifying the Department of Labor’s Temporary Regulations

Form Policy for your Nonprofit

Posters to Provide Notices To Employees

Another Option for Nonprofits Struggling to Keep Employees: Employee Retention Credit

IRS Flow Chart for ERC and FFCRA Employment Tax Credits

COVID-19 Employment Law Update: New Developments

Podcast | Childcare Leave as Your Employee’s Kids Go “Back to School”

New Families First Coronavirus Response Act (FFCRA) Regulations: Important Change to Definition of Health Care Provider and Other Clarifications

 

UNEMPLOYMENT BENEFITS

State Requirements for Partial Unemployment Benefits

Webcast: Understanding Georgia Unemployment Benefits in the Wake of COVID-19 with Georgia Center for Nonprofits

Suggestions for Applications for Unemployment Benefits

Georgia Separation Notice Required for Any Separation from Employment

Georgia Unemployment Update: Changes to Partial Unemployment Claims

 

RESOURCES FROM THE COMMUNITY

Georgia Centers for Nonprofits: Nonprofit Guide to COVID Planning and Funding & Aid Opp

CDC Business and Workplace