Pro Bono Partnership of Atlanta
As vaccines for COVID-19 become more readily available, employers are considering how they are going to address vaccines and those who have or have not been vaccinated in the workplace. Currently, there are more questions than answers about the legal implications of mandating vaccines or providing vaccine incentive programs. The resources listed below may provide …
When you are tirelessly focusing on your nonprofit’s mission, the importance of legal contracts may not be one of the first things to cross your mind. Nevertheless, contracts are crucial for any nonprofit organization, both for enforcing your rights, as well as protecting you from liability. This article provides a brief, basic overview of common …
The Employee Retention Credit (“ERC”) was established by the CARES Act last year to encourage eligible employers to keep employees on their payroll through the use of tax credits during the COVID-19 pandemic. On December 27, 2020, the Economic Aid Act (“EAA”) amended the ERC to make it a much more useful option for eligible …
On January 29, 2021, OSHA* issued a new guidance addressing mitigating and preventing the spread of COVID-19 in the workplace. This article by Jackson Lewis provides a thorough discussion of the new guidance and its potential implications for employers. Much of this new guidance reiterates information that has previously been provided by OSHA and the …
In the Bostock case, the US Supreme Court affirmed that Title VII’s protection against sex discrimination also includes sexual orientation or gender identity. The Biden administration has issued an Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, Executive Order No. 13988, which reaffirms the Bostock Supreme Court …
So, how much money could your nonprofit receive in this latest round of the PPP? What documents need to be provided to support your request? Recently the Small Business Administration provided guidance on both first draw and second draw loans outlining how to calculate what your nonprofit’s maximum loan amount would be along with an …
On January 19, 2021, the Small Business Administration in conjunction with the Department of Treasury issued new PPP Forgiveness Application Forms to conform with the changes to the PPP program in the Consolidated Appropriations Act that became law on December 27, 2020. Read this article to find out which form you should use and for …
If you or your lender made an error, and you received more money than your nonprofit is actually eligible for, what happens to that portion of your PPP loan? The Small Business Administration issued guidance regarding when a borrower receives a higher loan amount than permitted under the CARES Act or the Consolidated Appropriations Act. …
Have you made resolutions for your nonprofit in this new year? While you probably have resolutions unique to these extraordinary times, there are still “ordinary” risks that should not be overlooked. This article highlights the top legal risks facing nonprofits: managing information, managing relationships, and raising funds. Take stock of your nonprofit’s current practices and …
Was your nonprofit approved for a Paycheck Protection Program (“PPP”) loan in 2020? The Small Business Administration has provided guidance regarding reapplication or requests for increases for First Draw PPP Loans approved on or before August 8, 2020. Lenders may approve increases on First Draw PPP Loans starting on January 25, 2021. Read this article …
Under federal law, employers are required to display notices and posters in the workplace advising employees of their rights. What is a “workplace” when some or all of your employees are remote? Should you send notices out via e-mail, or post them on a shared document drive, or in the breakroom no one has used …
Nonprofit employers may provide educational assistance programs to their employees as a benefit, to cover certain qualifying education expenses. The CARES Act temporarily expanded the definition of “educational assistance” to include qualified student loans. This expansion has been extended by the to include student loans through December 31, 2025. Find out more in this article …
On December 31, 2020, the Wage and Hour Division of the Department of Labor (“DOL”) updated its Family First Coronavirus Response Act (“FFCRA”) guidance. The update follows the Consolidated Appropriation Act of 2021 (the “Act”) which was signed into law on December 27, 2020. The Act extended the FFCRA tax credit through March 31, …
The Small Business Administration (“SBA”) and the US Department of Treasury reopened the Paycheck Protection Program (“PPP”) Loan Application portal this week to accept applications from borrowers that are applying for their first PPP loan, for modifications to their existing PPP loan, or for a second PPP loan. Only community financial institutions will be able …
Start the year off right by submitting IRS filings, completing local renewals and sending out donor acknowledgements on time. This Article includes a checklist of common items that most Georgia nonprofits should have on their legal maintenance “to do” list for January, including W-2s, donor acknowledgements, and Georgia Secretary of State corporate renewals.
The Consolidated Appropriations Act of 2021 (“CAA”), which was enacted on December 27, 2020, includes a wide variety of new programs and changes to existing law. This article covers many of the important programs and changes applicable to small, community-based §501(c)(3) nonprofit organizations, including the Paycheck Protection Program, Employee Retention Credits, Shuttered Venue Operator Grants, …
The COVID-19 vaccine is currently only available to some individuals. What will you do when it is available to your employees? Should you require vaccines for your employees? Can you mandate them? What are the risks associated with not requiring vaccinations? There are currently more questions than answers, but this article provides a good starting …
This whirlwind of a year is coming to a close! With it, some pandemic-related employment benefits are also coming to an end but the virtual workforce is not. Read this article get an update on the Families First Coronavirus Response Act and the latest CDC guidance on self-quarantining. The article also covers important considerations if …
You may be familiar with the fact that even tax-exempt organizations have to pay tax on income from an activity that is regularly carried on if it is not substantially related to the organization’s exempt purpose. This is known as “unrelated business income tax” or UBIT. Under the 2017 Tax Cuts and Jobs Act (“TCJA”), …
Can an employer stop an employee from discussing terms or conditions of the job, such as pay, benefits or working conditions, with others? You might be surprised to learn that the answer is generally: no! Read this article to learn why not and what options your organization has if you are concerned about employees’ discussing …
On August 25, 2020, a new Interim Final Rule issued by the Small Business Administration (“SBA”) became effective. It explains how a PPP borrower may appeal a negative SBA loan review decision regarding either its eligibility to receive a PPP loan or the amount of loan forgiveness it receives to the SBA Office of Hearings …
Nonprofits (or NGOs) based outside of the U.S. are usually not eligible to receive tax-exempt status here from the IRS. 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. …
The SBA has announced a new forgiveness form and requirements for PPP loan recipients who borrowed a total of $50,000 or less. The new Form 3508S is even more streamlined than the PPP loan forgiveness Form 3508EZ and takes into account exemptions if a borrower reduced full-time equivalent (FTE) employees or salaries or wages. Read …
If you’re organization is anticipating a merger or sale of assets with dissolution, and either of the parties to the deal have received a PPP loan, there are important considerations for your nonprofit to keep in mind. On October 2, the SBA released further guidance on what happens to PPP funds where there is a …