Articles

Updated EEOC COVID-19 Guidance on Telework, Medical Inquiries, Testing and Return to Work under The Americans with Disabilities Act and Other Discrimination Laws

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 …

New Families First Coronavirus Response Act (FFCRA) Regulations: Important Change to Definition of Health Care Provider and Other Clarifications

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 …

DOL Issues Further Guidance on FFCRA Childcare Leave and Virtual, Blended or Hybrid School Models

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 …

Paycheck Protection Program – More Clarification on Loan Forgiveness

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 …

Do This One Thing To Take Advantage of Potential COVID Immunity

In the summer of 2020, Governor Brian Kemp signed the COVID-19 Pandemic Business Safety Act (the “Act”) to limit COVID-related liability for certain Georgia businesses. The Act can provide protection from COVID-19 related claims from non-employees, if explicit warning language is posted at your business. NOTE: The protection has been extended through July 14, 2022 for …

Comparison of Charitable Solicitation Compliance Companies

Updated August 3, 2022 Complying with charitable solicitation registration, annual renewals and filings, and disclosure statement requirements for multiple states takes a lot of time and requires detailed and dedicated focus. There are many companies that provide this service at a reasonable cost. This is a chart comparing various charitable solicitation compliance companies. Pro Bono …

Sales Tax Exemptions Extended Indefinitely for Certain Nonprofits

Georgia has indefinitely extended sales and use tax exemptions for nonprofit volunteer health clinics, nonprofit health centers and qualified food banks. Read this article to learn more about applying for sales and use tax exemption letters of authorization.

Georgia Unemployment Update: Changes to Partial Unemployment Claims

Nonprofits may be impacted by recent modifications to COVID-19 unemployment claims filing rules by the Georgia Department of Labor. The new rules impact which employees a nonprofit must continue to file partial unemployment claims for and what to do if an employee’s temporary reduction of hours have been converted to a permanent layoff. Read this …

New Georgia Law Provides Some Protection for Nonprofits and Health Care Providers from Covid-related liability

Georgia has enacted a law that provides immunity from certain civil lawsuits that may arise in the wake of the COVID-19 Pandemic. The Georgia COVID-19 Pandemic Business Safety Act (the “Act”) contains sweeping provisions that will provide much needed peace of mind during these uncertain times. However, there are important limitations to the Act’s reach …

COVID-19 Employment Law Update: New Developments

As the realities of managing employees during COVID-19 unfold, government agencies have recently provided more guidance for employers. This article breaks down new developments, including whether an employee returning from furlough may be eligible for FFCRA leave, new CDC return to work guidance and whether an employee has to visit a doctor in person before …

Georgia Department of Revenue Provides Detailed Guidance on Sales Tax and Nonprofit Fundraising

In Georgia, most §501(c)(3) tax-exempt organizations ARE NOT exempt from paying sales and use tax in Georgia. The Georgia Department of Revenue (GA DOR) realized that many tax-exempt organizations are not aware of their sales tax obligations especially regarding their fundraising activities. So, on July 2, 2020, the GA DOR issued a comprehensive bulletin on …

FFCRA Updates: Childcare Leave During the Summer Break and Reporting Wage Payments to the IRS

Find information on recent guidance on the Families First Coronavirus Response Act (FFCRA”) in this article, including: Is Your Employee Eligible For Paid Leave If Their Child’s Summer Camp Has Been Cancelled? The Department of Labor has provided guidance on if and when an employee is eligible for leave related to childcare during the school …

The Latest on Loan Forgiveness under Paycheck Protection Program

Updated on August 5, 2020 Small nonprofits that have received money under the CARES Act Paycheck Protection Program (“PPP”) will want to take advantage of the loan forgiveness provisions. This article summarizes the factors a small nonprofit should consider to maximize its loan forgiveness using the latest information available. In addition, this article discusses the …

How to Help your Nonprofit’s Mission Survive These Tough Times

Your organization’s revenue is down, workforce is changing, and facilities are underutilized. What can a nonprofit do? What MUST it do? As your organization considers its options as an entity and a steward, there are several possibilities out there. In this 3-part webcast series, our speakers will: identify the questions your nonprofit should ask during …

Key Policies Every Nonprofit Should Consider

As a nonprofit executive, there is no shortage of responsibilities that demand your immediate attention. While it may be difficult to put aside pressing tasks, good planning today can lead to greater efficiency tomorrow. Well-drafted policies help your nonprofit improve board and staff performance by setting clearly defined roles and responsibilities, provide sustainable structures for …

Thinking of Invading Your Endowment?

As the effects of COVID-19 present financial challenges to nearly every nonprofit organization, some that have endowments may be wondering whether and how much your endowment funds can be used to keep your organization afloat. While a lot depends on the specifics of the endowment, this article is intended to provide an overview of some …

Paycheck Protection Program

Updated on January 13, 2020 Since the introduction of the Paycheck Protection Program (“PPP”) on March 27, 2020, the federal government has provided numerous updates, changes and clarifications to it. Below is a list of resources from PBPA which capture PPP updates most relevant to small Georgia nonprofits. The most recent resources are listed first. …

Webcast: Process of Dissolution: Part 3 of the Options for your Nonprofit in these Tough Economic Times Series

Latest Rules Clarify Paycheck Protection Program Loan Forgiveness

The SBA and Treasury issued more clarification about the Paycheck Protection Program (“PPP”), and what happens if a borrower does not spend at least 60% of their PPP loan on payroll costs. The additional Interim Final Rules state that PPP borrowers may still be eligible to have a portion of their loan forgiven, and the …

United States Supreme Court Rules That Title VII Prohibits Discrimination Based on Gender Identity and Sexual Orientation

On Monday, June 15, 2020, the United States Supreme Court issued an historic decision in Bostock v. Clayton County, Georgia acknowledging that the prohibition of discrimination based on sex contained in Title VII includes the prohibition of discrimination based on sexual orientation and gender identity. Under this decision, all employers in Georgia that are subject …

Clarification on PPP’s Certification of Economic Necessity Requirement for Loans under $2 Million

On May 13, 2020, the Treasury and the SBA issued a new FAQ #46 which provides an important safe harbor for borrowers that received Paycheck Protection Program (PPP) loans of less than $2 million. The CARES Act requires that borrowers certify that “the uncertainty of current economic conditions makes necessary the loan request to support …

Allowing Volunteers, Clients and Other Visitors Into Your Nonprofit Facilities

Are you bringing volunteers, clients or others back to your facility? If so, this questionnaire might be helpful to use with volunteers, clients or other visitors to your facility to assist in screening out those with potential exposure to COVID-19. If you use this document, please verify that every statement in the questionnaire is accurate …

New Paycheck Protection Program Flexibility Act – Changes PPP Requirements

On Wednesday, Congress passed The Paycheck Protection Program (“PPP”) Flexibility Act and the President is expected to sign it. The PPP Flexibility Act gives more time and flexibility to businesses, including nonprofits, that receive forgivable loans through the PPP. For more information, see this article.

Do You Need to Report Workplace COVID-19 Cases to OSHA?

Maybe. The Occupational Safety and Health Administration (OSHA) has issued new guidance regarding when employers are required to report cases of COVID-19 in the workplace. If you have an employee who tests positive for COVID-19 and you have any reason to believe the illness may have been contracted at work, please see this link for …