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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 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.

Posted on April 17, 2014

Your nonprofit organization is established and growing, and you feel like you are ready to hire your first employee. But are you really ready? What are the upsides of hiring an employee? Do you understand the risks of hiring an employee (or more than one employee)? What must you know before you take that leap and become an employer?

Join us for this practical workshop that provides an overview and key guidance on questions such as:
• What does having an employee really mean?
• How are employees different from volunteers or contractors?
• What are an employer’s legal duties and obligations to its employees?
• How can you best manage the risks that come with having employees?
• When and how do workers compensation, unemployment insurance, and other government requirements for employers come into play?
• How do you find, select and (ideally) keep good employees?

Evan Pontz, Troutman Sanders

Click here for webcast

Posted on June 25, 2013

Nonprofit employees are often motivated not only by a paycheck, but by a passion for the organization that employs them. Such employees may feel inspired to contribute to their organization outside of their normal working day, in a volunteer capacity. Although these arrangements can benefit all involved, employers must approach them with caution. When certain conditions are not met, even employees who freely volunteer their time may be considered to be “working” and therefore entitled by law to a paycheck. Read this article before you let employees “volunteer” for your nonprofit.