Risk Management

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Posted on April 30, 2019

In the climate of #MeToo, how do you protect your organization from the significant costs associated with claims of harassment, discrimination or retaliation made by employees or former employees? Even if you have your employee handbook and waivers all in tip-top shape, and are clearly not at fault, an employee or former employee can file a charge with the Equal Employment Opportunity Commission or sue your organization! This is when EPLI can help out. Learn more about employment practices liability insurance (EPLI), what it covers, and why you may want to get coverage.

View the webcast here.

Posted on February 15, 2019

Food donations support many in need, but nonprofits must not overlook their legal risks and obligations in distributing donated items. Every day, food is wasted by restaurants, growers and stores. This is in part because potential donors fail to understand food donation policy or fear possible liability. Fortunately, a federal law known as the Bill Emerson Good Samaritan Act provides fairly broad protections to food donors and nonprofits distributing donated food. This article provides an overview of the Good Samaritan Act and some factors to consider for nonprofits engaged in or considering engaging in food donations.

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 April 25, 2018

The Georgia Department of Early Care and Learning (DECAL) requires that “all programs providing group care for children” obtain either a license or an exemption from licensing. You cannot simply assume that your program is exempt.

If you operate a child care program in Georgia, you must either obtain a license or an official determination that the program is exempt from licensing rules. Ignoring these requirements can lead to fines or even prosecution for operating an unlicensed facility. This article provides information about Georgia licensing requirements, and how to obtain an exemption if your program is eligible to receive one.

Posted on March 21, 2018

Many nonprofits in Georgia, particularly those that work with vulnerable populations including children, the elderly, and victims of violence, do not permit weapons on their premises. In 2014, the laws of Georgia changed significantly to further limit one’s ability to restrict gun-carrying by licensed gun-holders. These changes may affect nonprofits that have such restrictions, particularly those that are located in government buildings or lease property from a municipality, county or the State of Georgia. This article describes the new set of rules regarding restrictions on gun-carrying as set forth in the Safe Carry Protection Act.

Posted on June 23, 2017

Nonprofits rely heavily on volunteers to help serve the community. However, a nonprofit may have enough paid staff to fall under the Georgia Workers’ Compensation Act. If so, the nonprofit has several responsibilities to its employees both before and after a work accident. By following the system, a nonprofit can minimize the impact of a work accident on its ability to serve the community. This webcast will address several questions about workers’ compensation including:

· Does my nonprofit need workers’ compensation coverage?
· What benefits will an injured employee receive?
· How can a nonprofit minimize its workers’ compensation risks?

Click here to view the webcast.

Posted on May 26, 2017

Reporting suspected abuse, neglect or exploitation of vulnerable populations (like children and the elderly) is not something your nonprofit may spend time preparing for—until faced with a potentially life threatening situation where the responsibility to act is immediate.

During this webinar, our speaker helps nonprofits understand:
– Who is a mandatory reporter?
– What must be reported and to whom?
– When must reports be made?
– What is the potential liability for non-compliance?
– What are the protections for reporters?
– What are some common pitfalls for mandatory reporters?
– What type of documentation and policies should you have?

Click here to view the webcast.

Posted on January 3, 2017

Because nonprofits enjoy a significant discount on application fees for outdoor festival and alcohol permits in Atlanta, some for-profit entities have asked nonprofits to apply for such permits on their behalf. This article lays out some of the risks nonprofits should consider before agreeing to file for a permit on a for-profit’s behalf.

Posted on October 25, 2016

It’s your charity’s first project in a foreign country – the funds you worked so hard to raise will finally be used to help people in need overseas. You’ve already been approached by enthusiastic people to work in-country, eager to implement your first project. What could go wrong? Well, quite a bit if you aren’t careful. How do you prevent or minimize these risks while making your donors happy, giving your workers a fulfilling experience, and ultimately furthering your mission?

Don’t miss this informative webinar for an overview of:
– Identifying and managing the key risks for U.S. charities working overseas;
– Considerations for determining business form or working with a local partner;
– Labor and employment considerations;
– What laws you will have to comply with, both US and local; and
– Avoiding the pitfalls of cross-border transfers of money.

Presenter: Aaron Lewis, Habitat for Humanity

Please click here to view the webcast.

Slides: International Issues Related to Moving Money