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 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.

Posted on October 28, 2016

Resources for Clients Addressing the New Overtime Regulations under the Fair Labor Standards Act:

Pro Bono Partnership of Atlanta recognizes the challenges that the new overtime regulations under the Fair Labor Standards Act (“FLSA”) pose to our clients. These changes become effective on December 1, 2016, and advance preparation to get ready to implement them is necessary. Therefore, we have compiled this list of resources to assist nonprofits in addressing these changes. All of these resources are available on the Pro Bono Partnership of Atlanta website, and through the links below.

• Legal Alert: Overtime Eligibility Expands on December 1, 2016: http://www.pbpatl.org/nonprofit-legal-alerts/overtime-eligibility-expands-on-december-1-2016/ – This article provides information and resources to help organizations understand the changes that are being implemented on December 1, 2016.

Article: Nonprofit Staffing Strategies for the New Overtime Regulations: http://www.pbpatl.org/nonprofit-legal-alerts/nonprofit-staffing-strategies-for-new-overtime-regulations-2/ – This article includes information about ways organizations will need to adapt their operations to comply with the new FLSA regulations that become effective on December 1, 2016.

Webcast: Checking the Facts: How the New Overtime Regulations Impact Nonprofits: http://www.pbpatl.org/workshops-and-webcasts/checking-the-facts-how-the-new-overtime-regulations-impact-nonprofits/ – This webcast provides basic guidance to help organizations understand the requirements of the new FLSA regulations and their implications.

Webcast: The Fair Labor Standards Act for the Georgia Network to End Sexual Assault: http://www.pbpatl.org/workshops-and-webcasts/fair-labor-standards-act-for-gnesa/ – This webcast was presented for a specific client group, but has much broader relevance for nonprofit organizations. It provides both an overview of the law’s requirements, and practical information about how to address the new requirements, and how to work with nonexempt employees to ensure proper timekeeping and pay practices. It also specifically addresses issues that arise with regard to 24-hour operations including working with on-call employees.

Booklet: Implementing the FLSA Overtime Changes: What Every Nonprofit Needs to Know: http://www.pbpatl.org/uncategorized/flsa-overtime-changes-what-every-nonprofit-needs-to-know/ – This booklet, published by Altera Payroll and Insurance, provides practical guidance and form communications to help organizations implement changes made necessary by the FLSA amendments effective December 1, 2016.

Webcast: Get Your Organization Ready for the Fair Labor Standards Act Changes, delivered by the Georgia Center for Nonprofits: http://gcn.adobeconnect.com/p7cuzu4zryt/?OWASP_CSRFTOKEN=224fb966051590d1a3555f39412ee5b6296e0621d3163c55012b138be120ed64 – This webcast, delivered by the Georgia Center for Nonprofits, provides practical advice regarding implementing changes within your organization, including addressing management, culture, financial, and technology concerns raised by the changes.

Fact Sheet: FLSA Changes and Exemptions: http://www.pbpatl.org/resources/flsa-changes-and-exemptions-seyfarth-shaw-llp/ – This fact sheet, published by Seyfarth Shaw LLP, provides information about the changes to the FLSA effective December 1, 2016 and what they mean for employers. It also identifies and explains common exemptions from the minimum wage and overtime requirements under the FLSA.

Posted on September 26, 2016

This webcast, originally presented for the Georgia Network to End Sexual Assault, includes important information to help nonprofits comply with the Fair Labor Standards Act and to prepare for the new overtime regulations that go into effect on December 1, 2016. It provides an excellent overview of the law’s requirements along with practical information about working within those requirements both for organizations with 24-hour operations and all other nonprofits.

Presenters: Valerie Barney, Mohawk Industries, Inc. and Whitney Ferrer, Littler Mendelson, PC

Please click here to view webcast.

Posted on May 6, 2015

Performance reviews help nonprofit organizations establish, communicate, and enforce their expectations for employees. At the same time, they can provide facts and evidence to support employment decisions, and to defend against legal claims. This article describes how to implement an effective performance review process in your organization to help engage and empower your employees, create open lines of communication between employees and management, and achieve the organization’s performance goals.

Posted on October 17, 2014

Georgia employers who hire and retain employees with prior criminal convictions may be protected against negligent hiring and retention claims under the new Fair Business Practices Act, which took effect July 1, 2014.

The Act provides that employers are presumed to have exercised the necessary due care in hiring, employing and otherwise interacting with former criminal offenders who either received a pardon or earned a program certificate issued by the Department of Corrections for successful completion of a re-entry assistance program. The new law does not extend protection for serious violent offenders, and it does not give employers unchallenged protection against claims of negligence.

Negligent hiring or retention claims still may be supported by evidence outside the scope of the pardon or program certificate of which the employer knew or should have known. For example, the new law does not alleviate the need for background checks by employers. For additional information, read the full article.