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Articles

Is Your Employee or Volunteer a Foreign National?

Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discrimination in hiring, promotion, discharge, pay, and other aspects of employment, on the basis of race, color, or national origin Employers are also prohibited from discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of aliens with work …

Read MoreIs Your Employee or Volunteer a Foreign National?

Executive and Deferred Compensation for Your Nonprofit Leaders

Setting compensation requires considerations under both employment and tax laws. Before getting too creative, please join this webcast so that we may share some legal considerations in situations such as: – Your long-term ED is about to retire, and received a nominal salary during her early years with your nonprofit. – You’re about to hire …

Read MoreExecutive and Deferred Compensation for Your Nonprofit Leaders

Risks and Rewards of Crowdfunding for Nonprofits

Crowdfunding has become an increasingly popular tool in a nonprofit’s fundraising arsenal, and with good reason. Crowdfunding is essentially a means of asking for online donations to support specific projects and fundraising events. Organizations can pay crowdfunding platforms such as Crowdrise, PayPal Giving Fund, and Kiva, which are fundraising websites specifically geared towards nonprofits, to …

Read MoreRisks and Rewards of Crowdfunding for Nonprofits

Beware of Trademark Scams

Applying for a trademark is a crucial step in solidifying and protecting your organization’s hard work and reputation. However, when applying for a trademark, your address, email address, and other details of your registration are added to the public domain. This gives unethical companies the opportunity to flood your mailbox and your email with deceiving …

Read MoreBeware of Trademark Scams

Does Your Nonprofit Need a Business License?

Updated August 3, 2022 Some counties and cities in Georgia require nonprofits to register for a business license. Find out more about what is required. Does Your Nonprofit Need a Business License

Read MoreDoes Your Nonprofit Need a Business License?

The Family and Medical Leave Act and Nonprofits

Nonprofits may be subject to the Family and Medical Leave Act (FMLA). This article is intended to provide a general overview of the FMLA. Topics covered in this article are: 1. What is the FMLA?; 2. Who qualifies as a “covered” employer and an eligible employee; 3. Obligations of under the FMLA; 4. Qualifying reasons …

Read MoreThe Family and Medical Leave Act and Nonprofits

Safety in the Nonprofit Workplace

Nonprofits may be subject to the laws and regulations of the Occupational Safety and Health Administration (OSHA) related to safety in the workplace. This article provides an overview of OSHA, the federal agency that regulates workplace safety, injury and illness recordkeeping and reporting requirements, OSHA inspections and penalties, OSHA requirements that are generally applicable to …

Read MoreSafety in the Nonprofit Workplace

Have You Done Your Paycheck Checkup Yet?

The IRS is launching a sweeping effort to advise taxpayers about the importance of doing a “paycheck checkup” as soon as possible to ensure that they are withholding properly from their paychecks. It is highly recommended that employers, including nonprofit corporations, share this information with their employees as soon as possible. Please see this link for …

Read MoreHave You Done Your Paycheck Checkup Yet?

DECAL Requirements for Summer Camps and Other Exempt Childcare Programs

Updated on April 29, 2025 If your organization is gearing up for a summer day program or other childcare program in Georgia, you should be aware of recent changes at the Georgia Department of Early Care and Learning (“DECAL”). DECAL requires that “all programs providing group care for children” complete their new online assessment to …

Read MoreDECAL Requirements for Summer Camps and Other Exempt Childcare Programs

Protecting Confidential Information – Five Steps to Consider

Nonprofits, like all organizations, collect and create information that is valuable to the organization and important to maintain in confidence. Examples include client information (including personal and medical information), donor information, personal information (about board members, volunteers, or employees), as well as other business and financial information that needs to be protected. This article outlines …

Read MoreProtecting Confidential Information – Five Steps to Consider

Employees, Independent Contractors and Interns: Correctly Classifying Your Workers

Just like any workplace, a nonprofit organization has workers who aid the nonprofit in the pursuit of its goals. These workers are the nonprofit’s most valuable asset, and their performance will often determine the organization’s overall success. The attached articles address recent legal developments and answer three important questions for the nonprofit employer: – Is …

Read MoreEmployees, Independent Contractors and Interns: Correctly Classifying Your Workers

Proper Worker Classification in the Nonprofit Workplace: Avoiding Misclassification Issues

Just like any workplace, a nonprofit organization has workers who aid the nonprofit in the pursuit of its goals. These workers are the nonprofit’s most valuable asset, and their performance will often determine the organization’s overall success. However, is a nonprofit’s worker an employee or an independent contractor? Is there a difference? Does it matter? …

Read MoreProper Worker Classification in the Nonprofit Workplace: Avoiding Misclassification Issues

Is It Okay for Your Interns To Be Unpaid?

Guidance for Nonprofits Seeking to Use Unpaid Interns Unpaid interns are often an asset to nonprofits, bringing with them a desire to learn and a passion for the cause of the organization. Although unpaid internships can benefit all involved and are generally permissible in the nonprofit arena, nonprofits should approach these relationships with some degree …

Read MoreIs It Okay for Your Interns To Be Unpaid?

The “Tax Cuts and Jobs Act of 2017” – What it means for our small §501(c)(3) nonprofit clients

There were many proposals in the House and Senate tax reform bills that could have affected small §501(c)(3) nonprofit clients, and now that the dust has cleared and the bill has become law, here are the main changes that could affect Pro Bono Partnership of Atlanta clients. Tax Cuts and Jobs Acts 2017

Read MoreThe “Tax Cuts and Jobs Act of 2017” – What it means for our small §501(c)(3) nonprofit clients

Thinking about Starting a Thrift Shop? Here are the legal issues you should consider!

Thrift shops are a popular way for nonprofit organizations to earn extra income. Whether your nonprofit is about to open the doors to your new thrift shop or you have been running one for years, this article raises some of the legal issues to consider. Thinking About Starting a Thrift Shop

Read MoreThinking about Starting a Thrift Shop? Here are the legal issues you should consider!

How to Avoid Getting Sued by Former Employees

Even if they have done everything “right”, employers who terminate employees will sometimes get sued. So, if doing things by the book is not enough, what is? The answer is to avoid doing the things that might inspire a former employee to visit an attorney. In this article, an attorney who has been litigating employment …

Read MoreHow to Avoid Getting Sued by Former Employees

Some Employers Are Now Required to Allow “Sick Leave” for Family Care Under Georgia Law

On May 9, 2017, Georgia Governor Nathan Deal signed the Family Care Act (SB 201) into law, adding a new requirement that some employers provide paid leave to allow employees to care for family members. The new regulation does not apply to organizations with less than 25 employees. The Family Care Act requires covered employers …

Read MoreSome Employers Are Now Required to Allow “Sick Leave” for Family Care Under Georgia Law

When Are Commercial Type Activities a Substantial Nonexempt Purpose for an IRC 501(c)(3) Organization

Are you considering conducting commercial type activities – maybe a thrift store or a coffee shop, or selling goods or services of some kind? The IRS has developed short podcasts on various subjects to educate its employees and has made these podcasts available to the public. This podcast explains how the IRS evaluates commercial type …

Read MoreWhen Are Commercial Type Activities a Substantial Nonexempt Purpose for an IRC 501(c)(3) Organization

Reasons Employees Sue

Even if they have done everything “right” when terminating an employee, employers will occasionally get sued. So, if doing things by the book is not enough, what is? The answer is to avoid what inspires a former employee to visit an attorney. Here are four lessons learned from an attorney who has litigated employment claims …

Read MoreReasons Employees Sue

Registering for Charitable Solicitation

In order to protect the public from fraud, most states have enacted laws that require organizations to register with the state before they solicit donations from individuals in that state. The goal is for the public to be able to trust that their donations are going to a legitimate nonprofit organization that will use the …

Read MoreRegistering for Charitable Solicitation

Charitable Registration in Georgia

If you raise money from the general public in Georgia, you may need to make a special filing with the Secretary of State’s office. Here’s a quick review of what you’re required to file, and where. Registering for Charitable Solicitation in Georgia

Read MoreCharitable Registration in Georgia

Employers Should Be Careful When Obtaining Authorization for Background Checks

Many nonprofit employers conduct background checks on potential employees and volunteers. Under the Fair Credit Reporting Act (“FCRA”), employers must obtain a signed Disclosure and Authorization form from an applicant before conducting a background check. The FCRA requires that the form be a completely standalone document, without any additional information. A court recently ruled that …

Read MoreEmployers Should Be Careful When Obtaining Authorization for Background Checks

New Law Opens Door for Employer Premium Reimbursements

Small employers were presented with a holiday gift – the opportunity to reimburse their employees for premiums paid for insurance purchased in the individual market. This practice had been prohibited under the Affordable Care Act (“ACA”). The new law, passed as part of the 21st Century Cures Act, allows small employers to adopt qualifying reimbursement …

Read MoreNew Law Opens Door for Employer Premium Reimbursements

Use Caution Before Seeking Atlanta Festival and Alcohol Permits for For-Profit Entities

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. Use Caution …

Read MoreUse Caution Before Seeking Atlanta Festival and Alcohol Permits for For-Profit Entities
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