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.

Risk Management

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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

Posted on June 14, 2016

While having volunteers is allowed under the Fair Labor Standards Act, nonprofit organizations should be aware of the risks posed by providing compensation to their volunteers. This article addresses:

1) who is a volunteer

2) the risks of paying volunteers

3) what nonprofits can do to recognize their volunteers

Posted on January 25, 2016

As all nonprofits that work with children know, these organizations have special issues and risk areas. Having in place good systems for risk management will benefit an organization’s reputation, and can also protect its finances. In this webcast, our speaker will discuss:
certain common risks for organizations working with children; and
best practices for handling those risk areas.

Presenter: Meghan Magruder, King & Spalding, LLP

Click here to view webcast.

Posted on December 23, 2015

A subpoena is a legal document demanding that your nonprofit turn over documents or provide testimony in relation to a court proceeding. You can receive one even in a proceeding where your nonprofit is not a party, such as a request for client records in a domestic violence case. Subpoenas can cause distraction, and can raise difficult questions of protecting client confidentiality while still complying with the law. During this webcast, our speaker will educate you on responding to subpoenas, including:

• What a subpoena looks like;
• What it means when you receive one; and
• What steps to take when your nonprofit receives a subpoena.

Presenter: Chris Giovinazzo, BME

Click here to view webcast.