Employees & Volunteers

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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 September 29, 2020

Yes, in certain situations employers must provide up to two hours of leave for employees to vote. Read this article to learn more about Georgia voting leave requirements and limitations.

Posted on September 11, 2020

Part II of a 2 Part Series on Employee Benefits

For nonprofit employers, the IRS provides several retirement plan choices organizations can offer employees to attract and retain the best talent. Each alternative has differing levels of employer involvement, administration, opportunities for employees to defer compensation, and costs. This webcast will explore the different retirement plan options available to help you determine the best plan for your organization. This is the second webcast in a series on benefits.

Speaker: Leah Singleton, Thompson Hine LLP

View the webcast

View Part I of the Series: Executive and Deferred Compensation for Your Nonprofit Leaders

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 13, 2020

Last Spring, the Families First Coronavirus Response Act (FFCRA) created new provisions for childcare leave. 5 months later, with schools opening up virtually and in-person, employers may once again be wondering how FFCRA leave might apply to their employees. In this episode of the PBPA Podcast, Todd Stanton answers our questions about FFCRA childcare leave & school re-openings.

Listen to the podcast here

Posted on August 7, 2020

Nonprofits may be impacted by recent modifications to COVID-19 unemployment claims filing rules by the Georgia Department of Labor. The new rules impact which employees a nonprofit must continue to file partial unemployment claims for and what to do if an employee’s temporary reduction of hours have been converted to a permanent layoff. Read this article for further guidance on the latest Georgia unemployment benefits updates.

Posted on July 30, 2020

As the realities of managing employees during COVID-19 unfold, government agencies have recently provided more guidance for employers. This article breaks down new developments, including whether an employee returning from furlough may be eligible for FFCRA leave, new CDC return to work guidance and whether an employee has to visit a doctor in person before being eligible for FMLA leave.

Posted on July 27, 2020

Do you have to let an employee go? Even the best managers eventually find themselves in this position, and preparation is key. Join us in a conversation with Lori Shapiro, PBPA’s Employment Counsel, as she walks us through an employee termination meeting.

Listen to the podcast here

Click here for the Georgia Separation Notice Required for Any Separation from Employment mentioned in the podcast.

Posted on June 1, 2020

In Georgia, the Department of Labor requires that a Separation Notice be provide to any employee who leaves employment, regardless of the reason. The Georgia Department of Labor updated the Separation Notice form effective July 1, 2019. Use this link to download the new form. Please contact your PBPA attorney if you have any questions about the departure of an employee or this Separation Notice form.

Posted on April 30, 2020

Nonprofits that do not receive funding through the PPP or the EIDL programs have another option to consider. The Employee Retention Credit (ERC), which was enacted as part of the CARES Act, is designed to encourage eligible employers to keep employees on their payroll through the use of payroll tax credits. Read more about this option in this article.