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 …

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 …

Our Fundraising series is exploring the legal aspects of conducting various fundraising activities in the state of Georgia. In this session, our speakers will explain the things nonprofits need to consider when hosting festivals, carnivals, block parties, fairs and “Taste of” events in Georgia. They will cover topics including risk issues, income and …

  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 …

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 …

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 …

Data breaches are becoming more and more common. Whether the incident is “newsworthy” or not, the impact to your nonprofit’s reputation or the ability to operate can be severely impacted through a data breach. So what does it mean if you, or one of your vendors, is the victim of a security breach? …

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 …

“Comp Time” is a popular practice among some nonprofit employers.  An employee who works extra hours gets paid time off instead of overtime pay.  In this episode of the PBPA podcast, Marquetta Bryan speaks to us about the practices of “comp time” as well as “flex time.”  If your nonprofit provides comp time …

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 …

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 …

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 …

As a Georgia nonprofit, are you supposed to: (a) pay sales tax on items you buy? (b) charge sales tax on items you sell? (c) charge sales tax on fundraising activities including admissions to our galas, golf tournaments, and fun runs or (d) all of the above? Much of the time, the answer …

This year, perhaps more than ever, you want to acknowledge donors for their contributions. In this episode of the PBPA podcast, we will be talking about thanking donors and written acknowledgements. When should a “thank you” to donors be sent? What are the specific legal requirements of the acknowledgement? During this podcast, our …

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 …

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 …

Few workplace issues are more frustrating than employees who are failing to perform, mistreating others, or raising unsubstantiated concerns. While there is no vaccine for problem employees, there are appropriate (and inappropriate) treatments. In this webcast, presenters discuss common “problem employee” scenarios and best practices for difficult situations, including: • What to investigate, …

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 …

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 …