Pro Bono Partnership of Atlanta
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 …
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 …
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 …
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 …
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 …
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 …
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, …
While having volunteers is allowed under the Fair Labor Standards Act, nonprofit organizations should be aware of the risks posed by providing compensation to their volunteers. This article addresses: 1) who is a volunteer 2) the risks of paying volunteers 3) what nonprofits can do to recognize their volunteers Dangers of Compensating Volunteers
Proper maintenance of employee 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 …
This webcast provides guidance to nonprofits interested in government contracts about how to get started with compliance requirements under both federal and D.C. law. It discusses both why compliance is important, and the steps organizations must take to ensure they are in compliance. Please note that in addition to the legal disclaimer above, this article …
All employers with 50 or more FTEs are required to comply with the Affordable Care Act’s reporting requirements, which require both reporting to individual employees and to the Internal Revenue Service. This article includes information about the reporting requirements, the reporting deadlines, and penalties for failure to file. ACA Checklist
Here’s a basic guide to sending acknowledgements. When are you required to acknowledge a donation? When is it just the polite thing to do? You’ll see sample letters for quid pro quo, cash, and non-monetary donations, as well as volunteer services. Acknowlegement Guide
Updated August 2023 Learn about the IRS and state regulations for nonprofits when using or selling donated vehicles. Vehicle Donations
Employee wellness plans have become more common in recent years. Their increased popularity reflects the belief that encouraging healthy habits among workers will improve employees’ health and overall quality of life, resulting in decreased health-insurance costs and lower employee absenteeism. Both the Health Insurance Portability and Accountability Act (HIPAA) and the Affordable Care Act restrict …
Data security and data breaches seem to be in the news constantly. While most of the press tends to go to mega data breaches involving millions of potentially affected individuals, data breaches can—and do—occur at organizations of all types and sizes. Nonprofits, including small nonprofits, almost certainly have personal information about donors, employees, volunteers and …
The landscape of workplace protections for lesbian, gay, bisexual and transgender (LGBT) employees is continuing to evolve. A 2011 study by the Williams Institute found that LGBT employees make up at least seven million private sector employees, one million state and local government employees, and 200,000 federal employees. This article reviews the current state of …
Under Georgia law, certain individuals are required to report suspected abuse, neglect, or exploitation of disabled adults or elder persons. This article explains the reporting requirements, including what should be reported, who is required to report, and the procedures for reporting suspected abuse, neglect, or exploitation. Reporting Elder Abusebuse
Volunteers and employees of nonprofits often pull images and other content from the Internet in preparing newsletters, social media posts and other materials. This can easily expose the organization to liability for copyright infringement. This article provides a basic understanding of copyright law as well as a list do’s and don’ts for using materials from …
Performance reviews help nonprofit organizations establish, communicate, and enforce their expectations for employees. At the same time, they can provide facts and evidence to support employment decisions, and to defend against legal claims. This article describes how to implement an effective performance review process in your organization to help engage and empower your employees, create …
Did you get incorporated in one state and then move your operations? A nonprofit organization’s tax-exempt status is tied to its incorporation. The IRS decides whether to recognize a nonprofit as tax-exempt under §501(c)(3) of the Internal Revenue Code based on its articles of incorporation and bylaws. If your organization incorporates in one state and …
“You’re Fired!”: Steps to reduce your organization’s risks in terminating employees An employee is performing poorly . . . one of your employees is refusing to perform certain tasks . . . an employee violates organizational policy . . . WHAT DO YOU DO? Before you terminate the employee, make sure that you have fully …
Charges of discrimination filed with the Equal Employment Opportunity Commission (“EEOC”) are serious, and can result in significant liability to your organization if they are not handled correctly. If your organization receives notice of an EEOC charge of discrimination or any other kind of charge or complaint from a federal or state agency, please contact …
This article provides basic information on whether a Georgia nonprofit organization should accept a charitable donation of real estate, including some of the important questions to ask when considering accepting a donation. Accepting A Charitable Donation of Real Estate
Georgia employers who hire and retain employees with prior criminal convictions may be protected against negligent hiring and retention claims under the new Fair Business Practices Act, which took effect July 1, 2014. The Act provides that employers are presumed to have exercised the necessary due care in hiring, employing and otherwise interacting with former …