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.

Resources

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Posted on November 28, 2018

This webcast is part of the Building Generational Wealth webcast series which helps nonprofits better serve their low-income clients.

Kinship Care is not a new concept. Having a relative help out with the children when someone is in need has been happening as long as there have been families. The struggles of modern life have made the care more crucial as the times have changed and we have moved to a more nuclear family model. But what happens when there is no nuclear family? Who takes care of the children and how? Atlanta Legal Aid has worked with relative caregivers for over twenty years to provide legal assistance and resources to assist in stabilizing families in crisis. With your help we can make sure that these families know that we are here and what services we can offer them. This webcast will provide a primer on custody law for non-lawyers, and discuss some of the issues that non-parents may face as they step in to take care of the children. We will provide the following:

– Overview of Kinship Care Project
– Discussion on Power of Attorney, Guardianship and Third Party Custody Actions
– Discussion on Juvenile Court Services
– Discussion on Public Benefits available to assist low-income caregivers
– Discussion on Adoption as an Option

The Building Generational Wealth webcast series is offered by the Generational Poverty Law Project, a partnership between Pro Bono Partnership of Atlanta, Atlanta Legal Aid Society, and Georgia Heirs Property Law Center and funded by The Junior League of Atlanta.

Speaker: Jacqueline L. Payne, Project Director, Kinship Care Project, Atlanta Legal Aid Society, Inc.

View the webcast here.

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 October 11, 2018

Nonprofit organizations that hold fundraisers or sell merchandise must be cognizant of sales tax collection obligations. Many nonprofit organizations think that they are not obligated to collect sales tax. Perhaps they believe that they are not required to collect tax because they do not routinely sell products or tickets. Some organizations think that their exemption from federal income tax extends to sales tax. But nonprofit organizations, with a few exceptions, are required to collect sales tax (and required to pay sales tax on purchases). This article provides guidance to nonprofits on their sales tax obligations regarding gala ticket and silent auction sales.

Posted on October 5, 2018

For nonprofits, as for all businesses, the location where you operate plays an important role in how your organization will function and whether it will thrive. When selecting a space and deciding whether to own or lease (and under what terms), it is all too easy to dive into a deal before fully considering your needs and possible risks. In this seminar, our speakers will cover a broad range of considerations that all nonprofits should keep in mind as they make real estate decisions, including:

* Aligning your real estate decisions to support your mission
* Business and legal considerations of renting versus owning
* The legal purchasing process
* Risks of ownership unique to 501(c)(3)s
* Key terms to watch out for in commercial leases

Presenter: Mack Heller of Eversheds Sutherland and James Pitt of Kellogg Partners

Click here to view the webcast.

Posted on October 1, 2018

Does your organization conduct criminal background checks on employees and volunteers? If so, you must comply with the Fair Credit Reporting Act. In this webcast, we will provide you with step-by-step instructions for ensuring that your organization provides job applicants and volunteers with the disclosures and notices required by the law.

Presenters: Craig Bertschi, Kilpatrick Townsend

Click here for webcast

Please click here for the Summary of Rights Under FCRA and the Sample Authorization and Disclosure Form

Posted on August 29, 2018

Everyday food may be wasted if potential donors fear liability. The Bill Emerson Good Samaritan Act protects donors and recipient agencies from liability when distributing donated foods. View this webcast to learn how you and your organization are protected by federal and state laws.

Specifically, the webcast will cover:

– Can your organization be sued if food you donated caused someone to get ill?
– How does the law apply to prepared foods (like applesauce, cooked veggies, etc.)?
– What type of food donations are protected under the law?
– Are there certain conditions for food packaging, content, and expiration date?

(more…)

Posted on August 15, 2018

Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discrimination in hiring, promotion, discharge, pay, and other aspects of employment, on the basis of race, color, or national origin

    . Employers are also prohibited from discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees. However, foreign nationals and their potential employers should be aware that there are U.S. immigration regulations associated with both employment and volunteer opportunities. The unlawful employment of foreign nationals by U.S. employers is a violation of federal law and can subject employers to both civil and criminal penalties.

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 27, 2018

Crowdfunding has become an increasingly popular tool in a nonprofit’s fundraising arsenal, and with good reason. Crowdfunding is essentially a means of asking for online donations to support specific projects and fundraising events. Organizations can pay crowdfunding platforms such as Crowdrise, PayPal Giving Fund, and Kiva, which are fundraising websites specifically geared towards nonprofits, to showcase particular projects and to collect donations on their behalf. Doing so can enable even a small nonprofit to gain national exposure and significantly enhance its funding potential.

With the benefits and popularity surrounding crowdfunding, it is easy to overlook the potential associated legal risks. For every nonprofit currently engaged in or considering engaging in crowdfunding, here are a few of the many factors to consider.

Posted on July 19, 2018

Applying for a trademark is a crucial step in solidifying and protecting your organization’s hard work and reputation. However, when applying for a trademark, your address, email address, and other details of your registration are added to the public domain. This gives unethical companies the opportunity to flood your mailbox and your email with deceiving notices in an attempt to get you to pay for private trademark renewal services you do not need. Please be aware that you are not required to pay for services through these private companies to renew a trademark registration.