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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 February 1, 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.

The attached articles address recent legal developments and answer three important questions for the nonprofit employer:

– Is a nonprofit’s worker an employee or an independent contractor?
– Are the nonprofit’s employees classified correctly as exempt or nonexempt under the Fair Labor Standards Act?
– Can the organization have unpaid interns?

Click here to read the articles: Guidance for Nonprofits Seeking to Use Unpaid Interns and Proper Worker Classification in the Workplace: Avoiding Misclassification Issues.

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 February 3, 2017

You have countless people who work with, for, and on behalf of your organization in any given year. Of those workers, which are employees? In this workshop, we’ll discuss the basics of what makes an employee an employee, as well as how employees are classified (exempt/non-exempt vs. hourly/salaried). Additionally, we’ll cover a broad overview of how employees differ from independent contractors, interns, and volunteers, and we’ll discuss why the Department of Labor and others are so interested in how you classify your workers. You’ll learn that classifying workers isn’t as easy as simply applying a label. After all, “what’s in a name?”

Tuesday, February 21, 2017
10:30 until 12:00 noon

The Foundation Center

Presenter: Bryan Stillwagon, Attorney, Labor and Employment Department, Sherman and Howard

To Register, Please Click Here.

Posted on August 19, 2016

Nonprofits have a variety of workers who help the organization. How to classify those workers is not as simple as one would think, and failure properly to classify workers can lead to costly and time-consuming unemployment and workers’ compensation claims, U.S. and Georgia Department of Labor audits and IRS investigations. In some cases, nonprofit board members and staff can be held personally liable for unpaid payroll taxes when an employee is incorrectly treated as a contractor. Under the law, specific factors are considered in determining the classification of workers as independent contractors or employees.

During this webcast, our speaker will help nonprofits:

Identify who is an independent contractor and who is an employee;
Avoid the risks of classifying workers improperly; and
Establish a proper independent contractor relationship.

Speaker: Crystal McElrath, Swift Currie

Click here to view webcast

Posted on August 3, 2016

Nonprofits have a variety of workers who help the organization. How to classify those workers is not as simple as one would think, and failure properly to classify workers can lead to costly and time-consuming unemployment and workers’ compensation claims, U.S. and Georgia Department of Labor audits and IRS investigations. In some cases, nonprofit board members and staff can be held personally liable for unpaid payroll taxes when an employee is incorrectly treated as a contractor. Under the law, specific factors are considered in determining the classification of workers as independent contractors or employees.

During this webcast, our speaker will help nonprofits:

– Identify who is an independent contractor and who is an employee;
– Avoid the risks of classifying workers improperly; and
– Establish a proper independent contractor relationship.

Speaker: Crystal McElrath, Swift Currie

View the Webcast By Clicking this Link