Articles

Beyond the Headlines: Executive Power and the Limits of 501(c)(3) Revocation

Recent discussions within the federal government have raised concerns in the nonprofit sector about expanding executive authority to revoke 501(c)(3) status. Proposals have ranged from targeting organizations suspected of promoting terrorism to nonprofits misaligned with an administration’s political priorities. These conversations have understandably sparked anxiety among some nonprofit leaders. However, it’s important to clarify that …

Updates for Organizations with DEI Questions

In this two-part update on DEI practices, we first examine the recent federal requirement for recipients of federal funding to certify compliance with executive orders and anti-discrimination laws. This legal alert from our friends at Lawyers Alliance, discusses the current litigation surrounding these certification mandates and offers practical steps for nonprofits to mitigate organizational risk when considering whether …

DEI in 2025

One of the issues creating uncertainty in the nonprofit sector lately is the new administration’s actions around DEI (“Diversity, Equity, and Inclusion”). While a federal court recently granted a preliminary injunction related to the DEI Executive Orders, the administration has appealed and gives no indication of changing course. In the meantime, nonprofits should educate themselves …

Nonprofits & the New Administration

Visit our Nonprofit and the New Administration webpage for the latest information about Federal initiatives of the new administration that impact nonprofit organizations. T

How to Find Key Nonprofit Documents

In an ideal world, nonprofit organizations implement an effective record-keeping system for their important documents. Sometimes, however, through changes in data storage systems, leadership, or pure accident, record-keeping becomes haphazard and important documentation is lost. This article discusses how nonprofit organizations can find five key documents they should always have on record.

Employee Termination Flowchart And Guide To Legal Considerations

When terminating an employee, nonprofits must carefully navigate the process to protect the organization from wrongful termination claims. This process, outlined in this flowchart to guide decision-makers during each step of the termination process, includes tips to ensure due diligence, consistency and documentation. The following flowchart outlines the key steps and legal considerations to take …

Employers: The $35k Overtime Salary Threshold is Back

Last week, a federal judge blocked the implementation of a Department of Labor rule designed to expand overtime eligibility. The Department of Labor had previously introduced a two-phase increase to the salary threshold for overtime. The first adjustment took effect on July 1, 2024 and the second was set for January 1, 2025. Proactive employers …

Tips and Tools for Managing Client Grievances

Handling client grievances effectively is critical for any nonprofit organization dedicated to providing quality services and support. Client complaints, whether about services provided, program procedures, staff, or facilities , can impact your nonprofit’s reputation and effectiveness. Ideally, your organization has a grievance policy to ensure a clear, fair process for addressing concerns. In case your …

What the Fearless Fund Settlement Means for Race-Based Grant Making

The Fearless Fund, an organization that supports black-women entrepreneurs, recently settled a discrimination lawsuit over one of their programs. While the settlement allows Fearless Fund to continue its mission, it underscores the importance of nonprofits carefully navigating the legal landscape of race-based grant making. This article by attorneys at Moore & Van Allen provides a …

The GAL of Some Nonprofits: Working with Live Auctioneers

Does your nonprofit host auctions with a live auctioneer? Nonprofits that engage in live auctions should be aware of the Georgia Auctioneers Law (the “GAL”). The GAL requires organizations that conduct live auctions to use a licensed auctioneer, with limited exceptions. Read this article, to understand whether your nonprofit’s auctions might be exempt or if they …

Guidelines for Posting and Publishing Images

In the digital age, sharing and publishing images has become an integral part of nonprofit storytelling. However, this seemingly simple act carries with it intellectual property (IP) and privacy considerations that can significantly impact individuals and organizations. Whether using photographs taken by a volunteer, artwork from a paid artist, or pictures generated by AI, it’s …

Mid-Level Managers May be Personally Liable for Unpaid Overtime

A recent case from the federal court in Atlanta provides a good reminder that managers, even mid-level managers, can be held personally liable for violations of minimum wage and overtime pay requirements. The Fair Labor Standards Act holds “employers” responsible for minimum wage and overtime violations. Under this law, a mid-level manager, who acts in …

Guidance for Navigating Employer Obligations Under the ADA

The Americans with Disabilities Act prohibits employer discrimination against individuals based on their disability. Nonprofit employers often find themselves uncertain of how to navigate their obligations under the ADA. How should they determine what is reasonable, in terms of accommodation requests? What does discrimination look like under the ADA? A federal court recently provided some …

EEOC Issues Guidance on Workplace Harassment and Discrimination

The Equal Employment Opportunity Commission has recently updated its Enforcement Guidance on Harassment in the Workplace. The guidance covers a wide range of recent hot topics, from harassment in a virtual work environment to protections against pregnancy harassment. The guidance reflects how the EEOC’s interpretation of what constitutes harassment has evolved over time and provides …

Terminating an Employee While They Are On Leave

Terminating an Employee While They Are On Leave Terminating an employee is a sensitive issue, and doing so while they are on leave requires additional considerations. It requires a careful review of employee protections and is only legally permissible in certain situations. This article by Marquetta Bryan with Nelson Mullins and Rayne Towns of Nokia …

Summer Camp or School-Year Youth Programming: Ten Risk Management Considerations for Nonprofits

Nonprofits provide valuable and often essential programs to support youth in their communities. While providing such services, nonprofits must maintain practices and procedures to prevent abuse and mistreatment of children. This article from Venable outlines ten important compliance strategies for nonprofits to consider for their youth programming.

Steer Clear of Stipends: Why Nonprofits Should Consider Alternate Ways to Show Appreciation

Nonprofit entities frequently depend on the support of interns or volunteers to fulfill their mission. In acknowledgment of their valuable contributions, certain nonprofits may contemplate offering stipends to these volunteers or interns. While the intention behind this gesture is commendable, it introduces potential risks for your organization. This article aims to shed light on the …

Do Nonprofits Have to Comply with New Corporate Transparency Act?

December 5th, 2024 update: Reporting Companies relieved from January 1, 2025 deadline The Corporate Transparency Act places certain new filing requirements and carries penalties for corporate entities. Many, but not all, nonprofits are exempt from the filing requirements of the new law. Is your nonprofit exempt? Learn more about the Corporate Transparency Act and which …

FCC Imposes New Limits and Conditions on Nonprofit Organizations Making Robocalls

Does your nonprofit organization contact individuals by phone using prerecorded messages? Perhaps a prerecorded voice message is used to invite people to an event or to remind them to vote in an upcoming election. If so – and if the people you are calling have not previously consented to receiving prerecorded messages from your nonprofit …

Accessing IRS Nonprofit Records Is Getting Easier

The IRS’ Tax Exempt Organization Search (“TEOS”) is an excellent resource to find certain IRS-related nonprofit records, such as 990s since 2017 or exemption letters filed since 2014. The IRS website has a new electronic form to request additional information related to tax-exempt organizations. Submit the electronic Form 4506-B to obtain copies of a nonprofit’s …

Do Volunteers Really Need to Sign a Waiver?

Your volunteers work hard to fulfill your organization’s mission and serve the community. But with many activities, there can be risks involved. Nonprofits should consider requiring volunteers to sign valid waivers of liability to protect the organization and to continue providing a structured opportunity for volunteers to serve the community. Prepare your organization and volunteers …

Changes in Voting and Sick Leave for Georgia Employers

With election day next week, is your nonprofit organization aware of recent changes to voting leave requirements? Whether your employees are advance voting or voting on election day, read this article from Jackson Lewis to learn more about how much voting leave employers must provide. The article also addresses the recent extension of the existing …

Succession Planning for Nonprofit Organizations

Succession planning is vital for a nonprofit to ensure the continuity of their mission-driven work and long-term sustainability. Are you ready for when your founding executive director retires? Or if your chief executive officer moves to another nonprofit with just a months’ notice? This article by Brandon Hill with Nelson Mullins highlights legal considerations and …

Nursing Mothers at Work: Compliance Guidelines for Georgia Nonprofit Employers

Recent federal law expands the rights of nursing employees to take breaks and have a private place to express breast milk during the workday. The U.S. Department of Labor (DOL) has released a new Employee Rights Under the Fair Labor Standards Act (FLSA) poster to reflect the recent changes made under the Providing Urgent Maternal Protections for Nursing …