Employees & Volunteers

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Posted on August 15, 2018

Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discrimination in hiring, promotion, discharge, pay, and other aspects of employment, on the basis of race, color, or national origin

    . Employers are also prohibited from discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees. However, foreign nationals and their potential employers should be aware that there are U.S. immigration regulations associated with both employment and volunteer opportunities. The unlawful employment of foreign nationals by U.S. employers is a violation of federal law and can subject employers to both civil and criminal penalties.

Posted on July 30, 2018

Setting compensation requires considerations under both employment and tax laws. Before getting too creative, please join this webcast so that we may share some legal considerations in situations such as:

    – You’re about to hire a new ED, what factors should you use in determining what the salary will be?
    – Your long-term ED is about to retire, and received a nominal salary during her early years with your nonprofit.
    – Could you greatly increase her salary in her final year, to recognize her contribution to the organization and to try to balance out those early years?
    – Can you keep employees on your company health insurance policy after their retirement?

Presenter: Leah Singleton, Thompson Hine LLP

Click here to view the webcast.

Posted on July 3, 2018

Nonprofits may be subject to the Family and Medical Leave Act (FMLA). This article is intended to provide a general overview of the FMLA. Topics covered in this article are:

    1. What is the FMLA?;
    2. Who qualifies as a “covered” employer and an eligible employee;
    3. Obligations of under the FMLA;
    4. Qualifying reasons for FMLA leave; and 5. What employers are prohibited from doing under the FMLA.
Posted on May 16, 2018

Nonprofits may be subject to the laws and regulations of the Occupational Safety and Health Administration (OSHA) related to safety in the workplace. This article provides an overview of OSHA, the federal agency that regulates workplace safety, injury and illness recordkeeping and reporting requirements, OSHA inspections and penalties, OSHA requirements that are generally applicable to nonprofits, tips on establishing an effective safety program, and requirements for temporary employees.

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 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 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 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.

Click here to view the webcast.

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.