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 September 29, 2020

The current COVID-19 pandemic has created various lease issues for nonprofits, both as landlords and tenants. An analysis of these issues requires particular attention to the express terms of the lease and the facts of the leasing relationship. During this presentation, we will look at COVID-19 leasing issues including:

• What to look for in your existing lease.
• What happens if your landlord goes out of business?
• What options does a nonprofit landlord have if their residential tenants are no longer paying rent?

We will also share practical legal considerations for lease agreements moving forward in an environment that is quickly evolving and filled with unknowns.

Speaker: Parker Stephens, Associate at Morris Manning & Martin

View the Webcast

Posted on September 24, 2020

If a nonprofit organization has 15 or more employees, it is subject to the Americans with Disabilities Act (“ADA”), which prohibits discrimination against individuals with disabilities in the workplace and requires the reasonable accommodation of disabilities. On September 8, 2020, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance entitled “What You Should Know about COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws.” The updated guidance, summarized in this article, provides employers with information about several topics related to return to work and COVID-19 including: the relationship of the ADA and CDC COVID guidance, testing, medical inquiries, and telework as a “reasonable accommodation”.

Posted on September 24, 2020

U.S. Department of Labor (“USDOL”) issued new regulations which went into effect as of September 16, 2020 for to the Families First Coronavirus Response Act (“FFCRA”). The ruling related to four provisions of FFCRA: 1) the definition of health care provider; 2) the denial of benefits to employees who are unable to work for an FFCRA-covered reason but the employer does not have work available; 3) the requirement that intermittent leaves be agreed by the employer before they are provided; and 4) the timing of the documentation requirement for leaves. Read this article to learn more about the ruling.

Posted on September 15, 2020

Since January 1, 573 attorneys have volunteered for new matters for our nonprofit clients! Click here for a list of individuals who have volunteered so far this year.

To: Charles Britt, NCR
From: Delta Life Development Center, Inc.

On behalf of Delta Life Development Center, Inc. please accept our appreciation for your time and expertise in developing the Privacy Policy and Terms of Use for LDC’s website.

As we continue to learn and grow, there are many areas we find we need to add or improve. You made the process easy.

Again, thank you for helping us make this part of the process quick and painless.

To: Benjamin Fink, Berman Fink Van Horn P.C.
From: Focus Georgia

Thank you so much for donating your time to PBPA to review our matter. Having you provide advice was so helpful and exactly what we needed from this process. We greatly value your opinion and appreciate the time you took to discuss this matter with us.

To: Guinevere Christmann
From: Anonymous

I’m overwhelmed with gratitude right now for the time and effort you put in on our behalf to answer just this one question. The amount of research you did and the thoughtful consideration you gave to what you uncovered is really remarkable to me. Words really cannot express how much I appreciate you and your commitment to dig deep to get to the answer. All that, on top of the exceptional feedback you previously gave us regarding the rest of the contract.

I really don’t know how to thank you enough.

To: John Murray, Morris, Manning & Martin
From: Pathways 2 Life

Thank you so much again for your willingness to assist us with our matter. It was a pleasure to meet you virtually and we wish you all the best, health and happiness in these uncertain times. People like you who give of their time allow us as nonprofits to invest in out students and families — for that, we are grateful. Hope you enjoy the rest of the summer. My best and many thanks from out team.

Posted on September 15, 2020


Second Helpings Atlanta has been serving the mission of reducing hunger and food waste in Atlanta for over 15 years. The organization serves as a food rescue network, picking up unused surplus food from area businesses and delivering it to partner agencies with feeding programs such as food pantries, soup kitchens and day programs, many of which serve children. In 2019, Second Helping Atlanta’s network, consisting of nearly 400 volunteers, facilitated the delivery of 1.7 million pounds of food – roughly 1.4 million meals to those in the Atlanta metropolitan area.

Due to the COVID 19 pandemic, Second Helpings Atlanta like many organizations had to quickly pivot its operations to serve the suddenly changing needs of the community it serves. In March, due to the rapid shutdown of area businesses and organizations, including stadiums, corporate kitchens, and restaurants, a new need arose. Executive Director Andrea Jaron states, “Second Helpings Atlanta received a flurry of calls requesting immediate pickup of food surpluses that would have otherwise gone to waste.” Second Helpings immediately facilitated the delivery of tens of thousands of pounds of food from these facilities to its partners.

As businesses continued to navigate this new and constantly changing environment, many corporate kitchens and restaurants, in a desire to both keep their underutilized kitchens open and to serve those in need, used their facilities to prepare meals. Second Helpings Atlanta made sure those meals were delivered to its partner organizations with feeding programs.

Due to the pandemic, Second Helpings Atlanta has fostered new relationships and partnerships with organizations, restaurants, and other food service businesses. Most notable is the Atlanta Community Kitchen Project which is a collaboration between the Atlanta Community Food Bank, Second Helpings Atlanta, and the Atlanta Rotary Club. This collaboration has a goal of providing 500,000 meals before the end of summer 2020. In addition, through the Atlanta Community Kitchen Project, Second Helpings Atlanta has expanded its partner agencies from 40 to 55, resulting in an increased impact of 50%.

Second Helpings Atlanta is a new client of Pro Bono Partnership of Atlanta. In this short time, it has participated in the Nonprofit Legal Check Up and has been able to benefit from legal advice and guidance from several volunteer attorneys including Nick DuPuis and Arthur Gambill of McGuireWoods, Clark Calhoun of Alston & Bird, Richard Kruse of AT&T, Jill Wasserman of Boehringer Ingelheim, Ethan Picone of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., and Angela Robert of Smith, Gambrell & Russell, LLP.

Posted on September 11, 2020

Part II of a 2 Part Series on Employee Benefits

For nonprofit employers, the IRS provides several retirement plan choices organizations can offer employees to attract and retain the best talent. Each alternative has differing levels of employer involvement, administration, opportunities for employees to defer compensation, and costs. This webcast will explore the different retirement plan options available to help you determine the best plan for your organization. This is the second webcast in a series on benefits.

Speaker: Leah Singleton, Thompson Hine LLP

View the webcast

View Part I of the Series: Executive and Deferred Compensation for Your Nonprofit Leaders

Posted on September 8, 2020

The Supreme Court recently provided clarification on lesbian, gay, bisexual, transgender and nonbinary employee rights in the decision Bostock v. Clayton County. How does that decision affect the workplace practices and policies of your nonprofit? In this webcast, our speaker will with talk about:
• What rights are recognized for LGBTQ+ employees after the Supreme Court’s decision
• How your organizational policies and forms should be updated
• Considerations for religious organizations
Presenter: Emma Bellamy

View the webcast

Posted on September 4, 2020

The US Department of Labor (“DOL”) has provided further guidance on FFCRA childcare leave available to caregivers. Given that “back to school” is taking many forms this school year (virtual, in-person, blended and hybrid), the DOL has clarified which employee situations would be covered by FFCRA childcare leave. Please see this article for details on the DOL’s guidance.

Posted on September 1, 2020

Nonprofits (or NGOs) based outside of the U.S. are usually not eligible to receive tax-exempt status here. These NGOs may choose to form a brand new U.S.-based §501(c)(3) or to partner with an existing U.S.-based §501(c)(3) with a similar mission in order to be able to obtain tax-deductible donations from U.S. taxpayers. But U.S.-based nonprofits risk losing their tax-exempt status if they accept donations on behalf of organizations based in other countries without meeting certain IRS requirements. This article outlines the three key factors the IRS uses to determine whether or not a US §501(c)(3) can accept donations on behalf of organizations based outside the U.S.

Posted on August 28, 2020

Just about every couple of weeks, the Small Business Administration (“SBA”) puts out additional guidance related to forgiveness under the Paycheck Protection Program (“PPP”). PBPA has a number of articles on PPP including a detailed article on Loan Forgiveness. Going forward, we will post future PPP updates in this handy outline, with each SBA update numbered and dated.