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.

Employees & Volunteers

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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 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.

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

Click here to view the webcast.

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.