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.

Resources

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Posted on April 20, 2018

A well-designed internship program can be a win-win for both the intern and the organization. Although unpaid internships at nonprofits are generally permissible, there is a risk that interns could be considered employees covered by federal minimum wage and overtime laws! Some new guidance from the Department of Labor can help nonprofits assess whether their internship program is properly structured.

During this webinar, our speaker helps nonprofits understand:
– How interns are different from employees and volunteers;
– Based on these changes in the law, what new requirements are there for internship programs; and
– What should your nonprofit consider as it sets up its interns?

Presenter: Amy E. Jensen of Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Click here to view the webcast.

Posted on March 28, 2018

There have been many news headlines about immigration, it’s hard to keep up! Nonprofits want to continue to fulfill their mission, but must also remain compliant with changing rules.

During this webinar, our speakers help nonprofits understand:

    – Are there any limits on how nonprofits serve undocumented immigrants?
    – What, if any, legal risks are there in serving undocumented immigrants?
    – What should your organization should do if ICE comes to your door?

Presenters: Caroline E. Magee of King & Spalding and Killa Marti of Solano Law Firm

Please click here to view the webcast.

Posted on March 21, 2018

Many nonprofits in Georgia, particularly those that work with vulnerable populations including children, the elderly, and victims of violence, do not permit weapons on their premises. In 2014, the laws of Georgia changed significantly to further limit one’s ability to restrict gun-carrying by licensed gun-holders. These changes may affect nonprofits that have such restrictions, particularly those that are located in government buildings or lease property from a municipality, county or the State of Georgia. This article describes the new set of rules regarding restrictions on gun-carrying as set forth in the Safe Carry Protection Act.

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.

Posted on February 22, 2018

What nonprofit would not want a grant from a federal or state agency to help them accomplish their mission and to relieve some of the constant fundraising pressure that all nonprofits face? Grants are free money! But they do have strings attached. A children’s hospital misreported information on a federal grant application and had to pay $12.9 million to resolve the charges. Managers of a charter school faced charges and claims for grant fraud. Even Big Brothers Big Sisters of America has gotten stung with multimillion-dollar sanctions. Is your nonprofit poised to stay on the right side of obligations as a grant recipient?

During this webinar, our speaker helps nonprofits understand:
– What are grant recipients’ compliance obligations?
– What are the systems nonprofits need in place to prevent non-compliance?
– How do you “idiot proof” your organization from application prep to close out?
– How training and monitoring can keep you out of prison and bankruptcy?
– What does it mean to be a “Steward of Public Funds”?

Presenter: Carl Gebo, President of Government Contractors Assistance and Resource Line

Please click here to view the webcast.

Posted on February 21, 2018

This webcast will provide an overview of “premises liability law” and outline the legal responsibilities of nonprofits operating facilities in Georgia, including offices, warehouses and program space. The webcast will also address common scenarios involving injuries that can happen at a facility and will provide useful insights about preserving information after an incident to reduce exposure and risk to the nonprofit.

Presenter: Dan Kingsley of Swift Currie

Please click here to view the webcast.

Posted on February 19, 2018

If your nonprofit provides donors with an item in return for a donation, you will need to determine whether such item qualifies as a “low-cost article”. That question impacts how much the donor can deduct for his or her donation and what language you need to include on the acknowledgment of the donation.

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.

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.

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.