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 January 18, 2019

The government shutdown has impacted some government agencies and services that are typically used by or interact with nonprofit employers. The purpose of this article is to inform you of the current situation involving various federal agencies with which you may have contact.

Posted on November 28, 2018

Attracting and retaining the right talent to provide leadership can have a significant impact on how dynamically a nonprofit organization is able to meet the needs of its community. While there are many methods for providing benefits to executives, one primary focus for attracting talent is designing attractive compensation packages. However, compensation for employees of nonprofit organizations, and in particular executives, is subject to special restrictions under the Internal Revenue Code (the “Code”). This article will provide guidance for organizations to help navigate some of these restrictions.

Topics covered in this article include:
(1) What is reasonable compensation?
(2) What is a private inurement?
(3) How does the new tax bill affect compensation for nonprofit executives?
(4) Guidance for structuring an incentive compensation policy.

Posted on October 23, 2018

Are you struggling to figure out how to improve the work or behavior of an employee? A performance improvement plan (PIP) is a tool your nonprofit could use to give an employee with performance deficiencies the opportunity to succeed. In this webcast, we will discuss when a PIP should be considered, along with how to write and implement the plan.

Presenter: Christine Green, Stanton Law

Click here to view the webcast.

Posted on October 1, 2018

Does your organization conduct criminal background checks on employees and volunteers? If so, you must comply with the Fair Credit Reporting Act. In this webcast, we will provide you with step-by-step instructions for ensuring that your organization provides job applicants and volunteers with the disclosures and notices required by the law.

Presenters: Craig Bertschi, Kilpatrick Townsend

Click here for webcast

Please click here for the Summary of Rights Under FCRA and the Sample Authorization and Disclosure Form

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.