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

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Posted on December 17, 2019

Description:Many nonprofit employees who are not eligible for overtime pay will become eligible on January 1, 2020 when new regulations under the Fair Labor Standards Act go into effect. This webcast will provide important information to help nonprofits prepare for the new overtime regulations, including an overview of wage and hour law requirements and practical information about complying with the impending changes to the law.

Presenter: Valerie Barney, Deputy General Counsel, Litigation and Employment, Mohawk Industries, Inc.

View the webcast here.

Posted on September 26, 2019

Many employees who are not eligible for overtime pay, including employees of nonprofit organizations, will become eligible on January 1, 2020 because of a new final overtime rule issued by the Department of Labor on September 24, 2019. The salary threshold for overtime eligibility will increase from $455 per week to $684 per week. Nonprofit employers should start planning now to address the obligation to pay overtime to employees who are not eligible for overtime under the current rules as these new rules may lead to significant additional costs.

Posted on September 20, 2019

An employee handbook can be an important tool in clarifying roles, enhancing performance management, and reducing legal risk in a nonprofit organization. A clearly drafted and comprehensive employee handbook that contains policies the organization actually follows, can help ensure not only that managers, supervisors and employees understand the rules and guidelines that govern their employment, but also that the organization is in compliance with legal requirements.

Posted on May 1, 2019

Nonprofits often overlook the importance of timely, properly and thoroughly investigating employee complaints, but a nonprofit’s effective response to a complaint may limit the organization’s liability in a lawsuit. Accordingly, nonprofit organizations must ensure that they have effective mechanisms in place to identify, investigate and resolve employee complaints. This article lays out best practices in investigating employee complaints

Posted on March 21, 2019

On March 7, 2019, the United States Department of Labor (DOL) released proposed revisions to the overtime regulations that, if issued as final regulations, will increase the number of employees who are eligible for overtime pay. This article summarizes the proposed changes.

Posted on March 21, 2019

Do your employees text from their own smartphone for work? Do they work from home using their personal laptop? Many nonprofits today allow employees to work remotely, using their personal phones and laptops. This is a great tool for recruiting new talent and can even help minimize overhead. In this webcast, we will talk through what your organization needs to keep in mind if they have a mobile workforce. We explore questions such as:

– Can you access your organization’s documents on a former-employee’s personal laptop?
– What security measures should you and your employees implement on personal devices before accessing confidential client information?
– What is a “BYOD” Policy, and does your nonprofit need one?

Click here to view the webcast.

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 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 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.