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.
Employees
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-HiringA 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
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.
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.
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
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
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 -Better Preparing for Future TurnoverWhen 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.
Open Article in New Tab
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
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- The Importance of a PapertrailVaccination 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 - Vaccine Mandates, Testing & OSHA UpdatesOSHA Announces New COVID-19 Guidance to Protect Employees in the Workplace
The Occupational Safety and Health Administration (OSHA) has aligned its COVID-19 guidance with the latest from the Centers for Disease Control and Prevention’s (CDC). OSHA now suggests that employers adopt policies requiring workers to either get vaccinated or undergo regular testing. More general information on these recommendations are in this article by BakerHostetler and further details on implementation suggestions are in this article by Hunton.
Attn: Employers with More Than 10 Employees. Do You E-verify?
In order for job applicants to be able to work in the United States, they must go through select requirements to prove citizenship or eligibility to work. Some Georgia employers are required to use E-verify, a fast and free internet database, for any potential new hire. Read this article to learn more about E-Verify and whether your nonprofit must use it to determine your workforce\’s eligibility.
Child Labor Laws and Youth Volunteers: What To Know about Having Minors Work or Volunteer at Your Nonprofit
The hours of work and types of jobs that children and adolescents may perform are regulated at both the state and federal levels by a variety of agencies. Whether your nonprofit works with children or has youth serve as volunteers, there are some clear and not-so-clear laws around children providing services. In this webcast, our speakers share important guidance for nonprofits who have children help as employees or volunteers, including:
• At what age and for how many hours may children work in Georgia?
• Considerations for having minors serve as volunteers
• Regulatory limitations including state work permits and federal restrictions on certain activities
Speakers: Michelle Johnson, Partner at Nelson Mullins & Amy Cheng, Associate at Nelson Mullins
Employment Laws and Best Practices for Small Georgia Nonprofits
Does your nonprofit have less than 15 employees? Are you considering your very first hire? In this episode of the PBPA podcast, Josh Joel will talk to us about both employment laws and best practices for nonprofits with 1-14 employees. Join us as we talk about a range of topics including restrictive covenants, discrimination and benefits, and how they uniquely apply (and sometimes do not apply!) to small nonprofits.
Guest: Josh Joel at Stanton Law
Transcript to Episode 16 – Employment Laws for Orgs with 1-14 Employees
Episode 16 - Employment Laws for Orgs with 1-14 Employees (003)
Small Employers May Receive A Tax Credit for Paid Vaccination Leave
The American Rescue Plan Act (ARPA) expanded and extended the tax credits that small employers may opt to receive under the Families First Coronavirus Response Act (FFCRA) for voluntarily providing paid COVID-19-related leave. Under this expansion, employers can receive a tax credit if they choose to provide paid leave for employees to get a COVID-19 vaccination and for any time their employees may need to recover from that vaccination. Learn more in this article.
What Should You Consider When an Employee Resigns?
Dealing with an employee resignation depends on the unique facts of each situation. When an employee voluntarily resigns from their employment, what should a nonprofit employer do? Employers should consider what steps need to be taken to help protect the organization’s interests and to facilitate a smooth transition. This article includes tips for handling an employee resignation.
Employee Resignation GuidanceEmployee Retention Credits for Small Nonprofits
The Employee Retention Credit (“ERC”) was established by the CARES Act last year to encourage eligible employers to keep employees on their payroll through the use of tax credits during the COVID-19 pandemic. On December 27, 2020, the Economic Aid Act (“EAA”) amended the ERC to make it a much more useful option for eligible small nonprofits. This article covers the original ERC (under the CARES Act) and the expanded ERC (under the EAA), including explanations on which economic quarters your nonprofit might be eligible for the ERC, how to calculate your credit and recommended documentation to maintain a record.
Sexual Orientation and Gender Identity Protections Expanded by Executive Order
In the Bostock case, the US Supreme Court affirmed that Title VII’s protection against sex discrimination also includes sexual orientation or gender identity (see this article). The Biden administration has issued an Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, Executive Order No. 13988, which reaffirms the Bostock Supreme Court decision, and extends its protections to all federal laws that prohibit discrimination based on sex, including laws addressing employment, housing, education, immigration and health care. Employers should review existing policies, protocols and training they provide to be sure they comply with these expanded non-discrimination requirements.