Pro Bono Partnership of Atlanta

Employees

Federal Postings Are Still Required for Remote Workplaces

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 has used since March 2020?  Read this article to learn more about the US Department of Labor’s (“DOL”) recent guidance on legally-compliant electronic postings.

[pdf-embedder url="https://pbpatl.org/wp-content/uploads/2021/01/Electronic-Federal-Postings-for-Remote-Workers.pdf" title="Electronic Federal Postings for Remote Workers"]

COVID-19 Vaccines: Can or Should You Mandate Them For Your Employees?

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 good starting point as you consider what your organization may do as the COVID-19 vaccination becomes more readily available. [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2020/12/Mandating-COVID-Vaccines_.pdf" title="Mandating COVID Vaccines_"]

Is “Comp Time” a Legal Practice in Georgia?

“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 options to employees, either regularly or just occasionally, then you definitely need to listen to this episode with important information about the use of comp time by nonprofits in Georgia. Episode 10 Transcript - Is Comp Time a Legal Practice in Georgia [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2020/12/Episode-10-Transcript-Is-Comp-Time-a-Legal-Practice-in-Georgia.pdf" title="Episode 10 Transcript - Is Comp Time a Legal Practice in Georgia"]

Can I Stop Employees From Sharing Information About Their Pay?

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 employees’ discussing job details.

[pdf-embedder url="https://pbpatl.org/wp-content/uploads/2020/11/NLRA-and-Protected-Concerted-Activity.pdf" title="NLRA and Protected Concerted Activity"]

Webcast: Tips for How to Handle a Problem Employees

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, document, and communicate; • When to focus on legal considerations, and when not to; and • How to navigate “no win” situations. Presenter: Ted Solley, Partner at Moser Law, & Justine Cowan, PBPA Counsel View the Webcast Problem Employees [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2020/10/Slides-PBPA-Webcast-Problem-Employees-Oct-2020.pdf" title="Slides - PBPA Webcast - Problem Employees - Oct 2020"]

Does Georgia Law Require Employers to Provide Voting Leave for Employees?

Yes, in certain situations employers must provide up to two hours of leave for employees to vote. Read this article to learn more about Georgia voting leave requirements and limitations [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2020/09/Nonprofit-Notes-GA-Voting-Leave-Law-for-Employees-9-20-final.pdf" title="Nonprofit Notes - GA Voting Leave Law for Employees"].

Webcast: Retirement Plan Options for Nonprofit Employers

Part II of a 2 Part Series on Employee Benefits For nonprofit employers, the IRS provides several retirement plan choices organizations can offer employees to attract and retain the best talent. Each alternative has differing levels of employer involvement, administration, opportunities for employees to defer compensation, and costs. This webcast will explore the different retirement plan options available to help you determine the best plan for your organization. This is the second webcast in a series on benefits. Speaker: Leah Singleton, Thompson Hine LLP View the webcast View Part I of the Series: Executive and Deferred Compensation for Your Nonprofit Leaders Open Slides in New Tab [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2022/08/0119-webcast-Retirement-Plans.pdf" title="0119 webcast Retirement Plans"]

Webcast: Recent Developments in LGBTQ+ Employee Rights

The Supreme Court recently provided clarification on lesbian, gay, bisexual, transgender and nonbinary employee rights in the decision Bostock v. Clayton County. How does that decision affect the workplace practices and policies of your nonprofit? In this webcast, our speaker will with talk about: • What rights are recognized for LGBTQ+ employees after the Supreme Court’s decision • How your organizational policies and forms should be updated • Considerations for religious organizations Presenter: Emma Bellamy View the webcast View slides in new tab [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2020/09/LGBTQ-Employee-Rights.pdf" title="LGBTQ+ Employee Rights"]

Podcast | Mission Creep vs. Mission Expansion: Intentional Changes During Uncertain Times

Many nonprofits are faced with new challenges in this COVID era. Some nonprofits have pivoted to expand programming to assist existing clients during COVID-19. And some nonprofits have expanded their scope to address the heightened awareness around social injustices. In this episode of the PBPA podcast, nonprofit consultant Dolph Goldenburg and PBPA Senior Tax and Corporate Counsel Robyn Miller share legal and logistical insight on how to expand your nonprofit’s mission, while avoiding mission creep.

Podcast | Childcare Leave as Your Employee’s Kids Go “Back to School”

Last Spring, the Families First Coronavirus Response Act (FFCRA) created new provisions for childcare leave. 5 months later, with schools opening up virtually and in-person, employers may once again be wondering how FFCRA leave might apply to their employees. In this episode of the PBPA Podcast, Todd Stanton answers our questions about FFCRA childcare leave & school re-openings.

Georgia Unemployment Update: Changes to Partial Unemployment Claims

Nonprofits may be impacted by recent modifications to COVID-19 unemployment claims filing rules by the Georgia Department of Labor. The new rules impact which employees a nonprofit must continue to file partial unemployment claims for and what to do if an employee’s temporary reduction of hours have been converted to a permanent layoff. Read this article for further guidance on the latest Georgia unemployment benefits updates. Georgia Unemployment Update: Changes to Partial Unemployment Claims [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2020/08/Article-Georgia-Unemployment-Update-Emergency-Rules.pdf" title="Article - Georgia Unemployment Update - Emergency Rules"]

United States Supreme Court Rules That Title VII Prohibits Discrimination Based on Gender Identity and Sexual Orientation

On Monday, June 15, 2020, the United States Supreme Court issued an historic decision in Bostock v. Clayton County, Georgia acknowledging that the prohibition of discrimination based on sex contained in Title VII includes the prohibition of discrimination based on sexual orientation and gender identity. Under this decision, all employers in Georgia that are subject to Title VII are prohibited from making employment decisions, taking any adverse employment action, or allowing harassment of employees because of an individual’s sexual orientation or gender identity. Find more information on this change in the law and what nonprofit employers need to consider in this article. [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2020/06/Legal-Alert-Supreme-Court-Bostock-Decision-6-20.pdf" title="Legal Alert- Supreme Court Bostock Decision 6-20"]

Georgia Separation Notice Required for Any Separation from Employment

In Georgia, the Department of Labor requires that a Separation Notice be provide to any employee who leaves employment, regardless of the reason. The Georgia Department of Labor updated the Separation Notice form effective July 16, 2021. Use this link to download the new form. Please contact your PBPA attorney if you have any questions about the departure of an employee or this Separation Notice form.

Is an ICHRA in your future? Reimbursing Employees for Health Care Premiums

This article presents general guidelines for Georgia nonprofit organizations as of the date written and should not be construed as legal advice. Always consult an attorney to address your particular situation. By Kathryn B. Solley, Nelson Mullins Riley and Scarborough, LLP In the past, employers, including nonprofits, were prohibited from reimbursing employee health care premiums. With the institution of ICHRAs, which are explained in more detail below, beginning on January 1, 2020, employers are once again permitted to reimburse employees for health care premiums under certain circumstances. What is an ICHRA? ICHRA stands for Individual Coverage HRA or Health Reimbursement Account. Pronounced “Ick-rah”. What does an ICHRA do? An ICHRA allows an employer to reimburse employees for individual health insurance premiums on a tax-favored basis. Which employees can be offered an ICHRA? An ICHRA is offered only to employees who are not offered group health insurance; an employee cannot choose between an ICHRA or group health insurance. If all employees are offered an ICHRA, the size of the employer does not matter. However, employers are permitted to offer an ICHRA to one class of employees and a traditional group health plan to another class of employees. In that case, there is a minimum class size for those offered an ICHRA: Total Number of Employees: Less than 100, Minimum Class Size: 10 Total Number of Employees: 100 – 200, Minimum Class Size: 10% of total employees Total Number of Employees: More than 20 Minimum, Class Size: 20 …

Webcast: Working Overtime: Who Is Eligible for Pay, Who Will Be Soon and How Do We Stay In Compliance?

Description:Many nonprofit employees who are not eligible for overtime pay will become eligible on January 1, 2020 when new regulations under the Fair Labor Standards Act go into effect. This webcast will provide important information to help nonprofits prepare for the new overtime regulations, including an overview of wage and hour law requirements and practical information about complying with the impending changes to the law. Presenter: Valerie Barney, Deputy General Counsel, Litigation and Employment, Mohawk Industries, Inc. View the webcast here. Slides -FLSA FLSA Webcast Slides

New Overtime Rule Increases Salary Threshold Effective January 1, 2020

Many employees who are not eligible for overtime pay, including employees of nonprofit organizations, will become eligible on January 1, 2020 because of a new final overtime rule issued by the Department of Labor on September 24, 2019. The salary threshold for overtime eligibility will increase from $455 per week to $684 per week. Nonprofit employers should start planning now to address the obligation to pay overtime to employees who are not eligible for overtime under the current rules as these new rules may lead to significant additional costs. New Overtime Rules [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2019/09/Article-Amended-Overtime-Regulations-9-19.pdf" title="Article- Amended Overtime Regulations 9-19"]

Employee Handbooks for Nonprofit Organizations

An employee handbook can be an important tool in clarifying roles, enhancing performance management, and reducing legal risk in a nonprofit organization. A clearly drafted and comprehensive employee handbook that contains policies the organization actually follows, can help ensure not only that managers, supervisors and employees understand the rules and guidelines that govern their employment, but also that the organization is in compliance with legal requirements. Employee Handbook [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2019/09/Employee-Handbooks.pdf" title="Employee Handbooks"]

Tax Implications for Executive Compensation in Nonprofit Organizations

Attracting and retaining the right talent to provide leadership can have a significant impact on how dynamically a nonprofit organization is able to meet the needs of its community. While there are many methods for providing benefits to executives, one primary focus for attracting talent is designing attractive compensation packages. However, compensation for employees of nonprofit organizations, and in particular executives, is subject to special restrictions under the Internal Revenue Code (the “Code”). This article will provide guidance for organizations to help navigate some of these restrictions. Topics covered in this article include: (1) What is reasonable compensation? (2) What is a private inurement? (3) How does the new tax bill affect compensation for nonprofit executives? (4) Guidance for structuring an incentive compensation policy. Executive Compensation [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2018/11/Article-Executive-Compensation-Article.pdf" title="Article- Tax Implications for Executive Compensation in Nonprofit Organizations"]

Webcast: Background Checks

Does your organization conduct criminal background checks on employees and volunteers? If so, you must comply with the Fair Credit Reporting Act. In this webcast, we will provide you with step-by-step instructions for ensuring that your organization provides job applicants and volunteers with the disclosures and notices required by the law. Presenters: Craig Bertschi, Kilpatrick Townsend Please click here for the Summary of Rights Under FCRA and the Sample Authorization and Disclosure Form Open Slides in New Window

Is Your Employee or Volunteer a Foreign National?

Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discrimination in hiring, promotion, discharge, pay, and other aspects of employment, on the basis of race, color, or national origin Employers are also prohibited from discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees. However, foreign nationals and their potential employers should be aware that there are U.S. immigration regulations associated with both employment and volunteer opportunities. The unlawful employment of foreign nationals by U.S. employers is a violation of federal law and can subject employers to both civil and criminal penalties. Is Your Employee a Foreign National? [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2018/08/Article-Is-Your-Employee-or-Volunteer-a-Foreign-National.pdf" title="Article- Is Your Employee or Volunteer a Foreign National"]

Safety in the Nonprofit Workplace

Nonprofits may be subject to the laws and regulations of the Occupational Safety and Health Administration (OSHA) related to safety in the workplace. This article provides an overview of OSHA, the federal agency that regulates workplace safety, injury and illness recordkeeping and reporting requirements, OSHA inspections and penalties, OSHA requirements that are generally applicable to nonprofits, tips on establishing an effective safety program, and requirements for temporary employees. Safety in the Workplace [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2018/05/Safety-in-the-Workplace-for-Nonprofits.pdf" title="Article: Safety in the Workplace for Nonprofits"]

Webcast: When is an Intern More Than Just an Intern?

A well-designed internship program can be a win-win for both the intern and the organization. Although unpaid internships at nonprofits are generally permissible, there is a risk that interns could be considered employees covered by federal minimum wage and overtime laws! Some new guidance from the Department of Labor can help nonprofits assess whether their internship program is properly structured. During this webinar, our speaker helps nonprofits understand: - How interns are different from employees and volunteers; - Based on these changes in the law, what new requirements are there for internship programs; and - What should your nonprofit consider as it sets up its interns? Presenter: Amy E. Jensen of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Click here to view the webcast. Slides - Are Your Interns Employees? [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2018/04/Slides-Are-Your-Interns-Also-Employees.pdf" title="Slides- Are Your Interns Also Employees"]