Employees

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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.

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 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 July 7, 2017

Even if they have done everything “right”, employers who terminate employees will sometimes get sued. So, if doing things by the book is not enough, what is? The answer is to avoid doing the things that might inspire a former employee to visit an attorney. In this article, an attorney who has been litigating employment claims for over 20 years shares four lessons she has learned.

Pro Bono Partnership of Atlanta clients should contact us before terminating an employee for advice on how to avoid legal problems.

Click here to read the article.