Special Alert

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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 January 13, 2021

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.

FFCRA Obligations Become Voluntary

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

A Year-End Update on COVID-19 and Employment Concerns for Your Nonprofit

 

 

 

 

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

 

CONSOLIDATED APPROPRIATIONS RELIEF ACT OF 2021 (COVID RELIEF ROUND 2)

“COVID Relief” at the End of 2020: What Small Community-Based Nonprofits Need to Know

Posted on December 17, 2019

Description:Many nonprofit employees who are not eligible for overtime pay will become eligible on January 1, 2020 when new regulations under the Fair Labor Standards Act go into effect. This webcast will provide important information to help nonprofits prepare for the new overtime regulations, including an overview of wage and hour law requirements and practical information about complying with the impending changes to the law.

Presenter: Valerie Barney, Deputy General Counsel, Litigation and Employment, Mohawk Industries, Inc.

View the webcast here.

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

Posted on April 27, 2018

The IRS is launching a sweeping effort to advise taxpayers about the importance of doing a “paycheck checkup” as soon as possible to ensure that they are withholding properly from their paychecks. It is highly recommended that employers, including nonprofit corporations, share this information with their employees as soon as possible. Please see this link for an article providing additional information you should share with your employees so they can determine if they are withholding correctly from their paychecks.

Posted on August 24, 2017

In the winter of 2016-2017, Hosea Feed the Hungry and Homeless had one big problem. It was dangerously close to losing its building and, with it, its entire metro Atlanta operation.

Civil rights activist Reverend Hosea L. Williams Sr. founded Hosea Feed the Hungry in 1971 with the goal of serving Atlanta’s homeless population. After his death in 2004, his daughter Elizabeth Omilami took over the organization as CEO. In addition to providing food and other necessities to impoverished families, Hosea puts on holiday dinners, offers haircuts, helps individuals navigate overdue rent and utility payments, and invests in urban agriculture programs. The group has served over half a million individuals, and has expanded its outreach to include other vulnerable populations, including elderly individuals and isolated rural communities.

PBPA Tax Counsel, Robyn Miller with Mr. & Mrs. Omilami

For almost 20 years Hosea has directly served the community from the same location on Donnelly Avenue. In June of 2012, Hosea first met with Robyn Miller, Corporate/Tax Counsel for Pro Bono Partnership of Atlanta (PBPA) to discuss potentially purchasing its building. Adam Balthrop, a real estate attorney at Arnall Golden Gregory, offered pro bono assistance on the deal through PBPA. After some initial due diligence, the building purchase was put on hold. Then, in August of 2015, the building purchase was on again. Soon after, PBPA assembled an entire team of pro bono lawyers, contractors, and professionals set about making this purchase a reality. The team included Balthrop, Joe Scibilia and Robert Shaw from Kilpatrick Townsend & Stockton, and Jeff Margolin and Robert Patchett from Ramboll Environ. However, as the deal and due diligence progressed it became clear that this opportunity did not meet Hosea’s long term needs and the organization decided to begin a search for a new location.

In the winter of 2016-2017, Ruby Howard, CFO of Hosea, contacted Robyn to discuss a startling development. The Donnelly Avenue building had been bought out, and Hosea had three months to move out or face paying an exorbitant $8,000 a month in rent. Without a building to operate in, Hosea could not provide services and, since its current source of funding required the organization to be actively providing services to receive funds, Hosea would lose all of its funding. As a result, Hosea either needed to find a new place, or potentially close its doors for good.

Hosea Feeds the Hungry & the Homeless’ new home

With renewed focus, most of the PBPA pro bono team from the previous purchase agreement reassembled to tackle the problem once more. Additional assistance came from Jones Day real estate attorneys An Tran and Michael Lee, and real estate broker James Pitts from Kellogg Partners. The team negotiated with the Donnelly building’s landlord for a few extra months at the current rent while Hosea looked for a suitable new spot. After a bit of searching, the group successfully located and negotiated a contract to purchase a building on Forrest Hills Drive which would provide Hosea with plenty of space and easy access to its client community. In addition, the team convinced Citizens Trust Bank to commit to favorable loan terms and to work expeditiously to get the due diligence accomplished. Ramboll Environ agreed to provide environmental due diligence and brought in Herman Kitt of SBC Construction Services to complete the asbestos analysis, with both companies only charging for out-of-pocket expenses. However, the organization quickly needed more funding in order to be able to close the deal. In a tremendous show of faith and heart, Atlanta’s Mayor Kasim Reed met this need by pledging $200,000 from the City of Atlanta to help Hosea close on the new property, and carrying forward a previously committed grant of an additional $180,000 to help Hosea renovate its new building in the fall. This legal matter required over 258 hours of volunteer service, valued at $90,000 in legal fees.

Through the tremendous effort and teamwork of all parties involved, including Michael Lee and An Tran at Jones Day and Joe Scibilia and Robert Shaw at Kilpatrick Townsend, who provided their services for free through Pro Bono Partnership of Atlanta, Hosea Feed the Hungry, and the countless individuals it serves, will have a place to call home for years to come.

Posted on July 6, 2015
Posted on February 10, 2014

Pro Bono Partnership of Atlanta now has an iPhone app for attorneys to access our current list of Volunteer Opportunities! It’s an easy way to see the most up-to-date list of projects at any time. You can check it out here. You can also download it for free from iTunes. Just search for “PBPA” in the App Store.

Posted on June 4, 2013

The VOW to Hire Heroes Act of 2011 allows employers, including nonprofits, to claim a tax credit when they hire a qualified veteran. This tax credit was recently extended until December 31, 2013. This legal alert answers questions nonprofit employers may have about how the tax credit works and how to apply for it.

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.