Pro Bono Partnership of Atlanta

Employees

Updated Form I-9 and New Remote Verification Process Available

Employers are required to complete a Form I-9 to verify employment eligibility for all employees hired after November 6, 1986. The U.S. Citizenship and Immigration Services has issued a new updated Form I-9, which employers may begin using right away. However, employers are also permitted to continue to use the prior form until October 31, 2023, at which time the new form must be used.

The U.S. Citizenship and Immigration Services also updated the procedures for verifying remote employees for certain employers. This option is only available to “qualified employers” who are participating in E-Verify and are in good standing. This article from Squire Patton Boggs provides more information about the new procedures and which employers can use them. Additional information about E-Verify can be found at here. 

Note that the updated Form I-9 for is for all employees, and the new remote verification process is available only for employers who participate in E-Verify. If you have questions about Form I-9, the new remote verification process or E-Verify, please contact your PBPA attorney.  

Legal Insights & Expert Strategies for Effective Workplace Violence Prevention

Ranging from physical altercations to verbal harassment, workplace violence can disrupt the harmony of a nonprofit’s workplace, impacting productivity, morale, and most importantly, the safety of employees or clients. In this episode of the PBPA Podcast, we’ll delve into the legal framework surrounding workplace violence prevention as our guest, Adam Young with Seyfarth Shaw, answers questions about risk assessment, policy development, and employee training. 

Resources Referenced During this Episode:

OSHA Workplace Violence Resources [osha.gov]

FBI Workplace Violence Threat Assessments [fbi.gov]

FBI Active Shooter Safety Resources [fbi.gov]

Episode Transcript

Nursing Mothers at Work: Compliance Guidelines for Georgia Nonprofit Employers

Recent federal law expands the rights of nursing employees to take breaks and have a private place to express breast milk during the workday. The U.S. Department of Labor (DOL) has released a new Employee Rights Under the Fair Labor Standards Act (FLSA) poster to reflect the recent changes made under the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. Employers must replace older versions with the new FLSA poster because older ones are no longer compliant. Learn more about employer obligations to nursing mothers under both the federal PUMP Act and Georgia law. 

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Supreme Court Expands Religious Protections for Employees

In a recent unanimous ruling, the justices of the US Supreme Court made it easier for workers to seek religious accommodations on the job. Employers will now have to “show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business” before they can deny a reasonable request for religious accommodations. Read this article from Fisher Phillips for tips on how nonprofits should handle employee requests for religious accommodation. 

The Departure Lounge: Offboarding Nonprofit Employees

One of your employees has just provided their 2 weeks’ notice.  After what might be an initial shock (or relief), what do you do? In this episode of the PBPA Podcast, Rayne Townes with Nokia and Cary Burke with Seyfarth Shaw review legal considerations in offboarding nonprofit employees. From non-solicitation agreements to securing your organization’s assets, join this conversation with employment attorneys as they share tips to guide a smooth and compliant offboarding process.

Episode Transcript

The Interactive ADA Process for Nonprofit Employers: Best Practices for Effective Engagement

When an employee requests an accommodation for a disability under the Americans with Disabilities Act (the “ADA”), employers are required to engage in an “interactive process” with the employee to determine if there is a reasonable accommodation that would allow the employee to perform the essential functions of the job. This article from Hopkins & Carley discusses how to engage in that interactive process. Please note that while the article references both the ADA and California law, the guidance it provides is relevant to employers in Georgia who are subject to federal ADA requirements. You can find additional information about the ADA accommodation requirement in A Practical Guide to Disability Accommodation in the Nonprofit Workplace.

Furry Friends: Legal Guidance for Maintaining a Pawsome Workplace

Can you have a “No Pets at Work” policy? What if an employee has a service dog? What if it is an emotional support dog? What if the person asking is a member of the public and not an employee at all? Nonprofits may receive requests from employees, clients, or others, to bring service or emotional support animals into their spaces. This article from the Bradley law firm provides guidance about when an organization is required to allow such animals and when it is not required.

Virtual Assistants: Navigating Legal Considerations for a Stronger Partnership

Employers are becoming increasingly creative with meeting their workforce staffing needs.  In this episode of the PBPA Podcast, Chris Anderson and Will Collins with Ogletree Deakins will be focusing on a recent trend: virtual assistants.  If your nonprofit is considering outsourcing some administrative duties, tune in to this episode as we outline legal considerations and guidelines for working with virtual assistants in the US or abroad.

Additional resource regarding classification tests referenced in this episode:

Proper Worker Classification in the Nonprofit Workplace: Avoiding Misclassification Issues

Episode 37 Transcript

What to Do If Your Nonprofit Receives Employee Wage Garnishment Papers

Your nonprofit has received notice from a government agency or court to garnish an employee’s wages. Now what? Nonprofit employers may not always be clear on their responsibilities when they receive a garnishment order. In this episode of the PBPA Podcast, Elijah Davis with Stanton Law outlines why a nonprofit should immediately respond to garnishment papers, tips for the conversation with the garnished employee and guidance to make those garnishments papers less daunting.

Episode 34 Transcript

Should Your Nonprofit Use Offer Letters or Employment Agreements in Hiring?

What is the difference between an offer letter and an employment agreement? This is a common question that employers have when deciding how to document the employment of a new hire. Read this article by Nell Schiller with King & Spalding to learn the differences between these two types of agreements and why offer letters are the better option for most nonprofit employees.

Offer-Letter-vs.-Employment-Agreement–Which-Form-Should-You-Use-in-Hiring

A New Mandatory EEOC Poster for the Hybrid Work Era

The Equal Employment Opportunity Commission (EEOC) has announced the replacement of the “EEO is the Law” poster with a new poster entitled “Know Your Rights.”  All private employers with 15 or more employees and all federal contractors are required to display this poster.  Read this article about what the new poster provides and how employers, whether in person, remote or hybrid, should display the poster.

About the Expired Form I-9

Employers may see that the Form I-9 in their “new employee document packet” was set to expire on October 31, 2022.  Where is the updated form?  Read this article from Littler to learn more about what nonprofit employers should provide to their new hires completing their Form I-9s. 

Pause Before You Post: Nonprofits and Social Media Legal Considerations

Volunteers and employees engage nonprofits via social media in multiple ways. Volunteers may take pictures of themselves at an organization event and post them on their social. Or a board member may mention their affiliation with a (C)(3) in their profile, while making posts that should not be associated with the nonprofit. And finally, each organization has their own social media accounts to manage. So many ways to engage and so many legal considerations. Shelley Hildebrand will break down those considerations and will share some helpful guidance about nonprofits and social media use in this episode of the PBPA Podcast.

Resources Referenced in the Episode: 

Political Activities of Nonprofit Board Members and Employees

Episode 32 Transcript

Why Your Nonprofit Should Have a Drug & Alcohol Policy

How does your organization handle drugs and alcohol in the workplace? Do you follow a consistent policy or will you just figure it out when it comes up?   Drugs or alcohol in the work place can create safety hazards and lead to poor job performance.  It can also reduce inhibitions to the point employees engage in office behavior that they’d normally avoid.  In this episode of the PBPA Podcast, Jennifer Sandberg will share why every nonprofit should have a drug and alcohol policy, drug testing considerations, and other insights on how small organizations can legally address these big concerns.

Episode 30 Transcript

Protecting Your Nonprofit from Scams, Fraud & Imposters

Nonprofits of all types are susceptible to fraud, especially those with limited resources or lacking internal controls. It could come as an imposter creating a copycat webpage and taking donations intended for your 501(c)(3), or an email phishing scam to an unsuspecting employee. Is your nonprofit taking the appropriate steps to protect itself from potential fraud? In this episode of the PBPA podcast, Noula Zaharis, Director of the Securities and Charities Division at the Georgia Secretary of State, and Anna Burns, Southeast Regional Director of the Federal Trade Commission, share real-life examples of fraud they have investigated and tips on how to avoid becoming a victim.

Episode 29 Transcript

Links to Resources referenced in the episode:

Online Charitable Giving Portals | Federal Trade Commission (ftc.gov)

Start with Security: A Guide for Business | Federal Trade Commission (ftc.gov)

Raising Funds? What You Should Know About Hiring a Professional | Federal Trade Commission (ftc.gov)

Tips for Retailers: How to Review Charity Requests | Federal Trade Commission (ftc.gov)

Registering for Charitable Solicitation

Fundraising Consultants & Grant Writers: Legal Considerations for Working with Third-Party Fundraisers

To report a scam or fraud:

Georgia Secretary of State, Securities & Charities Division:  https://sos.ga.gov/how-to-guide/how-report-charity-scam or call 470-312-2640 or email charities@sos.ga.gov

Federal Trade Commission: www.reportfraud.ftc.gov.

The Latest Guidance on COVID-19 from the EEOC

The U.S. Equal Employment Opportunity Commission has issued updated guidance on COVID-19.  Fortunately, the latest guidance is basically the same as the EEOC’s previous guidance.  Read this summary from Constangy to learn what has changed, and which obligations remain in place for employers.

Working with Payroll Providers & Professional Employer Organizations

Join Josh Joel, business and employment lawyer at Stanton Law, in a discussion of real-world liability and compliance issues that come up for small and mid-size businesses when delegating human resource, payroll, and other workforce management tasks to PEOs and payroll processing companies. Drawing from his experience in both counseling and litigation, Josh will discuss common issues relating to compliance with:

• employee classifications, minimum wage, overtime

• workers compensation,

• benefits administration, and more.

Speaker: Josh Joel, Employment & Business Counsel, Stanton Law

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Better Preparing for Future Turnover

It is a tight labor market these days!  What is an employer supposed to do when tight labor markets leads to high employee turnover?  Be prepared!  In this episode of the PBPA Podcast, Christian Turner, Senior Counsel at Chick-Fil-A, and Justine Cowan, Corporate Counsel with PBPA, provide insight on how to anticipate and better prepare for both the legal and practical implications of employee, board & volunteer turnover.  Join us as we discuss how policies and planning today can put your organization, and your workforce, in a better position for future turnover.

Episode 26 Transcript

Episode 26 -Better Preparing for Future Turnover

When Employees Live in Other States: Remote Workforce Legal Considerations

You may be used to having a remote workforce now, but happens if one of your employees decides to take their remote work to a different state?  If you have remote employees who live out-of-state, you may be subject to certain requirements of their state.  In this article, Jenny Jeong at Morris Manning outlines legal considerations, such as workers compensation, discrimination and payroll tax compliance, for nonprofits with out-of-state remote workforce.
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Leave Policies in the Nonprofit Workplace

An employee leave policy can help recruit new talent and allows staff to understand what leave benefits are available to them.  This may even be the most frequently referenced section of an employee handbook. In this episode of the PBPA Podcast, Bryan Stillwagon with Uniserv and Alyce Ogunsola with Ford Harrison talk to us about legal requirements and best practices for nonprofits to consider as they develop or review their employee leave policies. 

Episode 24 Transcript
Episode 24 - Leave Policies in the Nonprofit Workplace

Diversity, Equity & Inclusion Initiatives: Keeping Your DEI Initiatives Legal

Whether your nonprofit has had Diversity, Equity & Inclusion (“DEI”) at its core since inception, or you are just now hearing about it for the first time, DEI programs should be evaluated both at conception and on an on-going basis. Otherwise, these good intentions may sometimes have unintended consequences.  In this episode of the PBPA Podcast, Abby Larimer with the law firm Ford Harrison will speak to us about how to legally focus on diversity, equity and inclusion at your nonprofit.

Episode 22 TranscriptEpisode 22 Transcript - Diversity Equity & Inclusion Initiatives

Guidelines for Nonprofits Employing and Serving Transgender Individuals

Nonprofits employ and serve diverse populations, including those in the LGBT+ community. In this webinar, we specifically discuss appropriately serving your transgender clients and considerations for your transgender employees, including best practices and legal standards for topics such as housing, restrooms and more.

Speakers: Suzann Wilcox, Nelson Mullins & Nina Gupta, Nelson Mullins

Guidelines for Nonprofits Employing and Serving Transgender Individuals

Transgender Presentation for Nonprofits

Handling Problem Employees: The Importance of a “Paper Trail”

Often nonprofit clients call PBPA to tell us that the organization needs to terminate an employee who is not performing adequately right away. Our first request is always “please send all the documentation showing that this employee had performance issues.” All too often, the employer’s answer is “we don’t have any.”  Read this article to learn the why this documentation is important, steps in reviewing employee performance and recommendations on how to document employee performance issues.

Handling Problem Employees

Handling Problem Employees- The Importance of a Papertrail

Vaccination Requirements in the Workplace: What Your Nonprofit Needs to Know about Testing, Vaccines & the Latest from OSHA

In early September, President Biden announced a federal rule that some employers will be required to ensure their employees are vaccinated or undergo weekly testing.  Could this apply to your nonprofit?  If it does not, what can and should your nonprofit do regarding vaccinations among your workforce?  In this episode of the PBPA Podcast, Chris Caiaccio and Katie Barton of Kilpatrick Townsend answer questions about employer vaccine mandates, employees asking for an exemption, and practical considerations for keeping track of who is vaccinated and who is not.

Episode 19: Transcript 

Episode 19 Transcript - Vaccine Mandates, Testing & OSHA Updates