Pro Bono Partnership of Atlanta
Whether your nonprofit is ready to hire its first employee or is looking for a new payroll service, nonprofit leaders should be aware of both general and nonprofit payroll compliance considerations. In this episode of the PBPA Podcast, Kadale Lubin with Ford Harrison will talk to us about legal requirements to efficiently manage payroll. This …
A recent case from the federal court in Atlanta provides a good reminder that managers, even mid-level managers, can be held personally liable for violations of minimum wage and overtime pay requirements. The Fair Labor Standards Act holds “employers” responsible for minimum wage and overtime violations. Under this law, a mid-level manager, who acts in …
The Americans with Disabilities Act prohibits employer discrimination against individuals based on their disability. Nonprofit employers often find themselves uncertain of how to navigate their obligations under the ADA. How should they determine what is reasonable, in terms of accommodation requests? What does discrimination look like under the ADA? A federal court recently provided some …
The Equal Employment Opportunity Commission has recently updated its Enforcement Guidance on Harassment in the Workplace. The guidance covers a wide range of recent hot topics, from harassment in a virtual work environment to protections against pregnancy harassment. The guidance reflects how the EEOC’s interpretation of what constitutes harassment has evolved over time and provides …
Terminating an Employee While They Are On Leave Terminating an employee is a sensitive issue, and doing so while they are on leave requires additional considerations. It requires a careful review of employee protections and is only legally permissible in certain situations. This article by Marquetta Bryan with Nelson Mullins and Rayne Towns of Nokia …
The US Department of Labor has announced significant changes to the rules on overtime. One of the key changes is an increase in the salary threshold, which is one of the factors determining whether employees are eligible for overtime pay. The increase in the minimum salary level is substantial, and will likely result in many …
Running a nonprofit in the US is difficult enough, but expanding your charitable activity to a foreign county adds a new level of complexity. Join us as our speaker helps navigate the entrance to the international nonprofit landscape as she reviews: Business compliance considerations Legal options to get work done abroad, including working with local …
How can a nonprofit employer minimize the effects an employee’s leave of absence has on your nonprofit’s work, while still providing the time away from work your employee needs? At a minimum, nonprofits should have leave policies to inform and guide both managers and employees. But even with clear policies, handling extended leave requests under …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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.
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 …
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 …
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? …
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.