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 November 17, 2017

Just like other employers, the FLSA’s overtime and wage payment requirements often trip up nonprofits. For instance, do you think you don’t have to pay overtime because your employees are salaried? You may need to think again.
During this webinar, our speaker helps nonprofits understand:
– Who qualifies for an exemption from the FLSA’s overtime requirements;
– Lunches? Travel? Coffee Breaks… What counts as hours worked;
– How to calculate overtime if it must be paid; and
– How to protect your organization from wage and hour liability.

Presenter: Corey Goerdt, Fisher and Phillips

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.

Posted on October 30, 2017

Under Georgia law, government agencies and even some nonprofits are required to make certain meetings and records open to the public. Georgia’s Open Records Act and Open Meetings Act provide broad public access to such records and meetings.

During this webinar, our speaker helps nonprofits understand:

    – When a nonprofit is required to comply with Georgia’s Open Records and Open Meetings Acts;
    – What constitutes an open record and an open meeting; and
    – How to comply with Georgia’s Open Records and Open Meetings Acts

Presenter: Marquetta Bryan of Nelson Mullins

Click here to view the webcast.

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.

Posted on September 22, 2017

Nonprofits can offer robust benefits packages to attract and retain employees. During this webinar, our speaker will provide an overview of the following types of employee benefits that nonprofits can offer, along with a discussion of the regulatory requirements and the pros and cons of each type of benefit:
– Tax-qualified retirement benefits;
– Executive compensation; and
– Health and welfare benefits

Presenter: Constance Brewster of Troutman Sanders

Posted on September 1, 2017

Internal investigations of employee complaints and concerns are critical components of legal compliance and effective employee relations.

This presentation will enable participants to:
Determine when an investigation is needed and why
Maximize interviews as a tool to gather information
Analyze information gathered impartially and fairly
Determine credibility
Draw appropriate conclusions and take action

Presenter: Ginger McRae, Employment Practices Solutions

Click here to view the webcast.

Posted on August 1, 2017

Nonprofits can have an obligation to respond to garnishment actions related to the wages they pay employees. These obligations can vary by county in Georgia, and failing to respond can lead to the organization incurring expense and potentially being responsible for the debts of an employee.

During this webinar, our speaker helps nonprofits understand:
· What is garnishment?
· What happens when my employee’s wages are subject to garnishment?
· What do I have to do when my nonprofit receives garnishment paperwork?
· What can happen if I fail to respond to garnishment paperwork?
· What can I do to fix a problem caused by not responding to a garnishment?

Click here to view the webcast.

Posted on July 7, 2017

In order to protect the public from fraud, most states have enacted laws that require organizations to register with the state before they solicit donations from individuals in that state. The goal is for the public to be able to trust that their donations are going to a legitimate nonprofit organization that will use the money for charitable purposes.

This article explains generally when an organization must register in a state, how to complete the registration process, and what an organization should do when soliciting over the internet. Because each state has its own registration requirements, nonprofit organizations should seek advice from competent attorneys to advise them on their particular situation.

Click here for another article about charitable registration in Georgia.

Posted on July 7, 2017

If you are a Pro Bono Partnership of Atlanta client and you receive a demand letter, request for production, subpoena, summons, writ of garnishment, notice of government investigation or similar document, please do not hesitate to contact us. While we normally provide business legal services to nonprofits, we may be able to help if you are sued or under investigation. But we cannot help you if we don’t know about it, and the sooner we know about it, the better. We will be in a much better position to assist you if we get involved early in the process. Whatever you do, do not ignore legal papers. The problem will not go away and will probably get worse. Even if you think this won’t happen to you, please read this important article.
Click here to read the article.

Posted on July 7, 2017

Even if they have done everything “right”, employers who terminate employees will sometimes get sued. So, if doing things by the book is not enough, what is? The answer is to avoid doing the things that might inspire a former employee to visit an attorney. In this article, an attorney who has been litigating employment claims for over 20 years shares four lessons she has learned.

Pro Bono Partnership of Atlanta clients should contact us before terminating an employee for advice on how to avoid legal problems.

Click here to read the article.