Pro Bono Partnership of Atlanta

Employees

How to Avoid Getting Sued by Former Employees

Even if they have done everything “right”, employers who terminate employees will sometimes get sued. So, if doing things by the book is not enough, what is? The answer is to avoid doing the things that might inspire a former employee to visit an attorney. In this article, an attorney who has been litigating employment claims for over 20 years shares four lessons she has learned. Pro Bono Partnership of Atlanta clients should contact us before terminating an employee for advice on how to avoid legal problems. Click here to read the article. [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2017/03/Article-Reasons-Employees-Sue.pdf" title="Article: Reasons Employees Sue"]

Some Employers Are Now Required to Allow “Sick Leave” for Family Care Under Georgia Law

On May 9, 2017, Georgia Governor Nathan Deal signed the Family Care Act (SB 201) into law, adding a new requirement that some employers provide paid leave to allow employees to care for family members. The new regulation does not apply to organizations with less than 25 employees. The Family Care Act requires covered employers to allow employees with available, paid sick leave to use up to five days per calendar year of that sick leave to care for “immediate family members.” Immediate family members are defined as the employee’s child, spouse, grandchild, grandparent, parent, or any person identified as a dependent on the employee’s most recent tax return. To be considered eligible for family sick leave under the new bill, employees must work at least 30 hours per week. Employers not currently offering paid sick leave are under no obligation to begin doing so under this law. If you have any questions about the Family Care Act, please contact your PBPA attorney.

Webcast: Georgia Workers’ Comp Basics: Nonprofits are Employers, Too.

Nonprofits rely heavily on volunteers to help serve the community. However, a nonprofit may have enough paid staff to fall under the Georgia Workers’ Compensation Act. If so, the nonprofit has several responsibilities to its employees both before and after a work accident. By following the system, a nonprofit can minimize the impact of a work accident on its ability to serve the community. This webcast will address several questions about workers’ compensation including: · Does my nonprofit need workers’ compensation coverage? · What benefits will an injured employee receive? · How can a nonprofit minimize its workers’ compensation risks? Click here to view the webcast. Slides - Workers Comp Basics [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2017/06/Slides-Georgia-Workers-Comp-Basics.pdf" title="Slides- Georgia Workers Comp Basics"]

Employers Should Be Careful When Obtaining Authorization for Background Checks

Many nonprofit employers conduct background checks on potential employees and volunteers. Under the Fair Credit Reporting Act (“FCRA”), employers must obtain a signed Disclosure and Authorization form from an applicant before conducting a background check. The FCRA requires that the form be a completely standalone document, without any additional information. A court recently ruled that employers may not include in the form language asking the applicant to release the company from liability in connection with the background check. An employer that includes such language in the form rather than presenting it in a separate document is potentially liable for significant damages and court costs. Authorization for Background Checks [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2017/03/Fair-Credit-Reporting-Act-Background-Check-Authorization.pdf" title="Article: Fair Credit Reporting Act Background Check Authorization"]

Webcast: Are Independent Contractors in Your Organization Increasing Your Personal Risk?

Nonprofits have a variety of workers who help the organization. How to classify those workers is not as simple as one would think, and failure properly to classify workers can lead to costly and time-consuming unemployment and workers’ compensation claims, U.S. and Georgia Department of Labor audits and IRS investigations. In some cases, nonprofit board members and staff can be held personally liable for unpaid payroll taxes when an employee is incorrectly treated as a contractor. Under the law, specific factors are considered in determining the classification of workers as independent contractors or employees. During this webcast, our speaker will help nonprofits: Identify who is an independent contractor and who is an employee; Avoid the risks of classifying workers improperly; and Establish a proper independent contractor relationship. Speaker: Crystal McElrath, Swift Currie Click here to view webcast Independent Contractors [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2016/08/Aug17-Indep-Contractors-for-PBPA.pdf" title="Slides: Are Independent Contractors in Your Organization Increasing Your Personal Risk?"]

Best Practices: Maintaining Personnel Files

Proper maintenance of personnel files and other employment files helps to ensure that all of the relevant information about employees is maintained in the appropriate place, and that employment actions that are taken by the organization are supported by correct documentation. Employers may choose to have several files for information that is maintained about employees, and the proper separation of files can be important if employment actions are ever challenged before federal agencies or in the courts. This article presents helpful guidance on what to keep, and what not to keep, in personnel files. To view this article, click here. [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2016/04/Best-Practices-Maintaining-Personnel-Files-and-Employment-Documentation.pdf" title="Article: Best Practices-Maintaining Personnel Files and Employment Documentation"]

Best Practices: Maintaining Personnel Files and Employment Documentation

Proper maintenance of employee personnel files and other employment files helps to ensure that all of the relevant information about employees is maintained in the appropriate place, and that employment actions that are taken by the organization are supported by correct documentation. Employers may choose to have several files for information that is maintained about employees, including personnel files, and the proper separation of files can be important if employment actions are ever challenged before federal agencies or in the courts. This article presents helpful guidance on what to keep, and what not to keep, in personnel files. Maintaining Personnel Files  [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2016/04/Best-Practices-Maintaining-Personnel-Files-and-Employment-Documentation.pdf" title="Article: Best Practices-Maintaining Personnel Files and Employment Documentation"]

Affordable Care Act Year-End Reporting – Checklist

All employers with 50 or more FTEs are required to comply with the Affordable Care Act’s reporting requirements, which require both reporting to individual employees and to the Internal Revenue Service. This article includes information about the reporting requirements, the reporting deadlines, and penalties for failure to file. ACA Checklist [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2016/01/Template.pdf" title="Article: Affordable Care Act Year-End Reporting – Checklist"]

Employee Wellness Plans: What Employers Need to Know

Employee wellness plans have become more common in recent years. Their increased popularity reflects the belief that encouraging healthy habits among workers will improve employees’ health and overall quality of life, resulting in decreased health-insurance costs and lower employee absenteeism. Both the Health Insurance Portability and Accountability Act (HIPAA) and the Affordable Care Act restrict the types of wellness programs that may be offered and whether an employer may charge an employee additional health insurance premiums if the employee is a smoker or otherwise engages in unhealthy practices. State laws also regulate these programs. Miller & Chevalier has prepared a legal alert that gives a brief overview of the rules regarding wellness plans. Please Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, on the laws of the District of Columbia. As a result, the information may not be appropriate for organizations operating outside the District of Columbia. Wellness Progr[pdf-embedder url="https://pbpatl.org/wp-content/uploads/2015/10/ced-wellness-programs.pdf" title="Article: Employee Wellness Plans: What Employers Need to Know"]ams

LGBT Employee Rights in the Nonprofit Workplace

The landscape of workplace protections for lesbian, gay, bisexual and transgender (LGBT) employees is continuing to evolve. A 2011 study by the Williams Institute found that LGBT employees make up at least seven million private sector employees, one million state and local government employees, and 200,000 federal employees. This article reviews the current state of federal and Georgia law affecting LGBT workplace rights, and offers practical considerations for the nonprofit employer, including helping employers to identify policies and benefits that should be amended in light of recent legal developments. Read the entire article by clicking here. [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2015/10/LGBT-article.pdf" title="LGBT Employee Rights in the Nonprofit Workplace"]

Using Performance Reviews to Engage and Empower Employees

Performance reviews help nonprofit organizations establish, communicate, and enforce their expectations for employees. At the same time, they can provide facts and evidence to support employment decisions, and to defend against legal claims. This article describes how to implement an effective performance review process in your organization to help engage and empower your employees, create open lines of communication between employees and management, and achieve the organization's performance goals. To read the entire article, please click here. [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2022/01/Using-Performance-Reviews-to-Engage-and-Empower-Employees.pdf"]

Using Performance Reviews to Engage and Empower Employees

Performance reviews help nonprofit organizations establish, communicate, and enforce their expectations for employees. At the same time, they can provide facts and evidence to support employment decisions, and to defend against legal claims. This article describes how to implement an effective performance review process in your organization to help engage and empower your employees, create open lines of communication between employees and management, and achieve the organization’s performance goals. Using Performance Reviews to Engage Employees [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2015/05/Using-Performance-Reviews-to-Engage-and-Empower-Employees.pdf" title="Using Performance Reviews to Engage and Empower Employees"]

Get Help Before Terminating Employees! Reducing Your Organization’s Risks

“You’re Fired!”: Steps to reduce your organization’s risks in terminating employees An employee is performing poorly . . . one of your employees is refusing to perform certain tasks . . . an employee violates organizational policy . . . WHAT DO YOU DO? Before you terminate the employee, make sure that you have fully addressed and documented the issues you are having. You should also talk to an attorney in order to minimize the risk of a lawsuit. A new article on PBPA’s website offers these and other suggestions of things to do before you issue a pink slip. Get Help Before Terminating Employees [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2015/01/Get-Help-Before-Terminating-Employees.pdf" title="Get Help Before Terminating Employees"]

Webcast: Safety in the Workplace

The Occupational Safety and Health Administration (OSHA), which sets and enforces protective workplace safety and health standards, covers most every employer in the United States, including nonprofits. Penalties for OSHA violations can be devastating to small employers. In this webcast, you will hear an overview of how OSHA works and what to do if OSHA knocks on your door, including: • What types of entities are covered • What are the most frequently cited standards • What to do if OSHA shows up at your worksite • Your rights as an employer if you receive a citation • Hot topics in OSHA Presenter: Carla Gunnin, Jackson Lewis

Have You Received Notice of an EEOC Charge? Pay Attention!

Charges of discrimination filed with the Equal Employment Opportunity Commission ("EEOC") are serious, and can result in significant liability to your organization if they are not handled correctly. If your organization receives notice of an EEOC charge of discrimination or any other kind of charge or complaint from a federal or state agency, please contact Pro Bono Partnership of Atlanta right away. DO NOT IGNORE CHARGES FILED AGAINST YOUR ORGANIZATION - you can create substantial liability for your organization that may be reduced or avoided if the charge is properly defended. Also, do not try to respond without obtaining legal advice. Pro Bono Partnership of Atlanta can assist you in responding properly, and providing the best possible defense for your organization.

Georgia Employers Given Protection against Negligence Claims in Hiring Ex-Offenders

Georgia employers who hire and retain employees with prior criminal convictions may be protected against negligent hiring and retention claims under the new Fair Business Practices Act, which took effect July 1, 2014. The Act provides that employers are presumed to have exercised the necessary due care in hiring, employing and otherwise interacting with former criminal offenders who either received a pardon or earned a program certificate issued by the Department of Corrections for successful completion of a re-entry assistance program. The new law does not extend protection for serious violent offenders, and it does not give employers unchallenged protection against claims of negligence. Negligent hiring or retention claims still may be supported by evidence outside the scope of the pardon or program certificate of which the employer knew or should have known. For example, the new law does not alleviate the need for background checks by employers. For additional information, read the full article. Georgia Employers Given Protection against Negligence Claims in Hiring Ex-Offenders [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2014/10/GEORGIA-EMPLOYERS-WHO-HIRE-EX-OFFENDERS-ARE-PROVIDED-NEW-PROTECTION-AGAINST-NEGLIGENT-HIRING-AND-RETENTION-CLAIMS.pdf" title="Article: Georgia Employers Who Hire Ex-Offenders are Provided New Protection against Negligent Hiring and Retention Claims "]

Webcast: Employee Handbooks

When's the last time you reviewed or updated your employee handbook? Did you obtain your current handbook from the Internet or from a friend at another nonprofit? In this webcast, we'll discuss the purpose of an employee handbook, what policies it should include, and perhaps more importantly- what it shouldn't include. Recently, administrative agencies such as the EEOC and NLRB have scrutinized employee handbooks with often significant consequences for employers. This webcast will help ensure your handbook doesn't create more problems than it solves. Presenter: Bryan Stillwagon, Attorney, Sherman & Howard, LLC Open Slides in New Tab

Legal Issues for New Nonprofits Webinar 5: Employment Law

This is part five of an eight part webinar series that provides general legal information about operating a 501(c)(3) tax-exempt, nonprofit corporation.This webinar introduces some of the many legal issues concerning employment law, including hiring, supervision and possible termination of employees; the proper use of contractors; wage and hour compliance; and an overview of harassment and discrimination laws. Presenter: Judith Moldover, Esq., Lawyers Alliance for New York Click here to view the webinar. Open Employment Law slides in new tab or view below. [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2014/06/Employment-Law.pdf" title="Webinar 5: Employment Law"]

Webcast: ADA as it Applies to Nonprofit Employers in Georgia

One purpose of the Americans with Disabilities Act (ADA) is to prohibit employment discrimination against people with disabilities. How does the ADA affect you and your organization? Is your nonprofit covered by the ADA? (The ADA applies to “employer” who are a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.”) What if you don't have disabled employees? With the recent expansion of the ADA's coverage, disabled individuals now make up one of the largest protected classes of employees in America. In this presentation, we'll discuss the ADA's requirements and how they specifically affect nonprofit employers in Georgia. The following are a few topics we'll cover:

•Interviews & Medical Exams
•"Qualified Individual with a Disability"
•Discrimination, Harassment, and Retaliation
•Accessibility Requirements
•Reasonable Accommodations

Presenter: Bryan Stillwagon, Sherman Howard

Open Slides in New Tab

 

Pay or Play: Determining Which Employers Are Subject to the Penalties Under Health Care Reform

Beginning January 1, 2015, the Patient Protection and Affordable Care Act requires most employers with 100 or more full-time employees or full-time equivalents to provide health coverage or pay a penalty tax for failure to do so. Beginning in 2016, most employers with 50 or more full-time employees or full-time equivalents are subject to the same penalty tax. This summary provides guidance on which entities are subject to the penalty tax, how the tax is calculated, and strategies to consider with respect to complying with the law. Play or Pay [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2014/04/Pay-or-Play-Determining-Which-Employers-Are-Subject-to-the-Penalties-Under-Health-Care-Reform-.pdf" title="Article: Pay or Play-Determining Which Employers Are Subject to the Penalties Under Health Care Reform"]

Employer Mandate Relief Provided for Smaller Employers Under Final Regulations

Beginning January 1, 2015, the Patient Protection and Affordable Care Act requires most employers with 100 or more full-time employees or full-time equivalents to provide health coverage or pay a penalty tax for failure to do so. Employers with 50 or more full-time employees or full-time equivalents have another year to comply with the law provided that they satisfy certain requirements. This article provides a summary of those requirements and the consequences for failing to follow them.

Mandate Relief Provided 

[pdf-embedder url="https://pbpatl.org/wp-content/uploads/2014/04/Employer-Mandate-Relief-Provided-for-Smaller-Employers-Under-Final-Regulations.pdf" title="Article: Employer Mandate Relief Provided for Smaller Employers Under Final Regulations"]

Using Restrictive Covenants to Protect A Nonprofit’s Assets

Well-trained employees and the donor base they help to develop are significant assets that a nonprofit organization wants to protect. It is also natural for nonprofits to want to avoid improper use of proprietary information they have shared with their employees. What legal options do nonprofit organizations have to secure these assets? This article details one of those options – the use of restrictive covenants, including non-competition, non-solicitation, non-recruitment, and non-disclosure covenants.

Using Restrictive Covenants to Protect Assets

[pdf-embedder url="https://pbpatl.org/wp-content/uploads/2014/04/Using-Restrictive-Covenants-to-Protect-A-Nonprofit’s-Assets.pdf" title="Article: Using Restrictive Covenants to Protect A Nonprofit’s Assets"]

Webcast: Things to Consider Before Hiring Your First Employee

Your nonprofit organization is established and growing, and you feel like you are ready to hire your first employee. But are you really ready? What are the upsides of hiring an employee? Do you understand the risks of hiring an employee (or more than one employee)? What must you know before you take that leap and become an employer? Join us for this practical workshop that provides an overview and key guidance on questions such as: • What does having an employee really mean? • How are employees different from volunteers or contractors? • What are an employer's legal duties and obligations to its employees? • How can you best manage the risks that come with having employees? • When and how do workers compensation, unemployment insurance, and other government requirements for employers come into play? • How do you find, select and (ideally) keep good employees? Presenter: Evan Pontz, Troutman Sanders Click here for webcast Open Slides in New Tab