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
Articles
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 …
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 …
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 …
Licensing Requirements for Summer and Other Childcare Programs
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 …
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 …
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 …
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? …
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 …
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
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
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 …
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 …
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 …
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 …
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 …
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
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 …
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 …
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 …
Are You Taking a Legal Gamble with Your Fundraiser?
Raffles and door prizes are longtime favorites in the world of nonprofit fundraising and contests are becoming more popular as nonprofits look for creative ways to raise money. But are you familiar with the many laws that govern gaming and contests? The questions that most charities don’t ask are: Are such activities illegal under GA …
Pushing for a Constitutional Amendment? Be Aware of Lobbying Rules
There are four constitutional amendments on the November 8th ballot here in Georgia, including one addressing state intervention in public schools found to be “chronically failing” and another proposing to generate revenue for the Safe Harbor for Sexually Exploited Children Fund. If your organization is urging the public to vote yes or no on any …
How to File a Copyright Registration
Nonprofits create many things, from curriculum to videos to websites to music. After expending their limited resources to create things (or to pay others to create them), nonprofits should certainly consider how to protect their rights in those things. Copyright protects works of authorship from unauthorized copying and distribution. An original work of authorship becomes …
Best Practices: Maintaining Personnel Files
Proper maintenance of personnel files and other employment files helps to ensure that all of the relevant information about employees is maintained in the appropriate place, and that employment actions that are taken by the organization are supported by correct documentation. Employers may choose to have several files for information that is maintained about employees, …