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.

COVID-19

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Posted on October 22, 2020

The SBA has announced a new forgiveness form and requirements for PPP loan recipients who borrowed a total of $50,000 or less. The new Form 3508S is even more streamlined than the PPP loan forgiveness Form 3508EZ and takes into account exemptions if a borrower reduced full-time equivalent (FTE) employees or salaries or wages. Read this article for the latest on small PPP loan forgiveness.

Posted on October 8, 2020

If you’re organization is anticipating a merger or sale of assets with dissolution, and either of the parties to the deal have received a PPP loan, there are important considerations for your nonprofit to keep in mind. On October 2, the SBA released further guidance on what happens to PPP funds where there is a change in company or asset ownership. Read THIS ARTICLE to learn more about how a merger or asset sale could impact PPP loan forgiveness, when SBA approval of the transaction is necessary, and best practices on how to handle PPP funds between two merging organizations.

Posted on October 7, 2020

Join PBPA staff attorneys in a virtual webinar as they offer their perspectives on legal issues around COVID-19 and nonprofits. During this one-hour webinar, the speakers will draw from their diverse experience in counseling Georgia nonprofit clients during these unprecedented times, covering topics like employment, contracts, leases and board governance.

Additional Links:
PBPA COVID-19 Resource Page
Do This One Thing To Take Advantage of Potential COVID Immunity
Corporate Governance During a Pandemic

View the Webcast

Posted on September 29, 2020

The current COVID-19 pandemic has created various lease issues for nonprofits, both as landlords and tenants. An analysis of these issues requires particular attention to the express terms of the lease and the facts of the leasing relationship. During this presentation, we will look at COVID-19 leasing issues including:

• What to look for in your existing lease.
• What happens if your landlord goes out of business?
• What options does a nonprofit landlord have if their residential tenants are no longer paying rent?

We will also share practical legal considerations for lease agreements moving forward in an environment that is quickly evolving and filled with unknowns.

Speaker: Parker Stephens, Associate at Morris Manning & Martin

View the Webcast

Posted on September 24, 2020

If a nonprofit organization has 15 or more employees, it is subject to the Americans with Disabilities Act (“ADA”), which prohibits discrimination against individuals with disabilities in the workplace and requires the reasonable accommodation of disabilities. On September 8, 2020, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance entitled “What You Should Know about COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws.” The updated guidance, summarized in this article, provides employers with information about several topics related to return to work and COVID-19 including: the relationship of the ADA and CDC COVID guidance, testing, medical inquiries, and telework as a “reasonable accommodation”.

Posted on September 24, 2020

U.S. Department of Labor (“USDOL”) issued new regulations which went into effect as of September 16, 2020 for to the Families First Coronavirus Response Act (“FFCRA”). The ruling related to four provisions of FFCRA: 1) the definition of health care provider; 2) the denial of benefits to employees who are unable to work for an FFCRA-covered reason but the employer does not have work available; 3) the requirement that intermittent leaves be agreed by the employer before they are provided; and 4) the timing of the documentation requirement for leaves. Read this article to learn more about the ruling.

Posted on September 4, 2020

The US Department of Labor (“DOL”) has provided further guidance on FFCRA childcare leave available to caregivers. Given that “back to school” is taking many forms this school year (virtual, in-person, blended and hybrid), the DOL has clarified which employee situations would be covered by FFCRA childcare leave. Please see this article for details on the DOL’s guidance.

Posted on August 28, 2020

Just about every couple of weeks, the Small Business Administration (“SBA”) puts out additional guidance related to forgiveness under the Paycheck Protection Program (“PPP”). PBPA has a number of articles on PPP including a detailed article on Loan Forgiveness. Going forward, we will post future PPP updates in this handy outline, with each SBA update numbered and dated.

Posted on August 28, 2020

A few weeks ago, PBPA published this alert on the Georgia COVID-19 Pandemic Business Safety Act (“Act”). The Act can provide protection from COVID-19 related claims from non-employees, if explicit warning language is posted at your business. Nonprofits should clearly post the following warning language at all sites of entry:
“Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering these premises.”
The Act specifies the size and font of the warning (at least 1 inch Arial font placed apart from any other text). A template with the Act’s warning language is provided here. Once your organization prints out the warning language, measure the font with a ruler to confirm it is at least 1 inch when printed (you may need to modify your paper size or printer settings to ensure the minimum 1 inch font).

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.