Employees

Background Screening for Employees and Volunteers

A nonprofit should perform some type of background investigation before hiring an employee and, in some cases, before engaging a volunteer. For some positions, it may be sufficient to check the work history and references. For others, it may be necessary to check criminal records, driving records and/or credit history. This article provides guidance on “best practices” for performing background screening. Background Screenings [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2011/12/Background_Screening_for_Volunteers_and_Employees_12-10-10__6_1.pdf" title="Article: Background Screening"]

Executive Compensation Alert

Because you are a nonprofit the Internal Revenue Code puts limits on how much you pay your executives. Learn more here to avoid stepping over that line. 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. [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2011/12/ExecutiveCompensationAlert1.pdf" title="Article: Executive Compensation"]

Confused about COBRA? Understanding Federal & State Continuation of Health Insurance Coverage

What are your obligations as an employer when it comes to providing health insurance coverage to former employees? This article will help you understand the requirements under Federal law (COBRA) and Georgia law. Find out whether your nonprofit is governed by COBRA or state continuation coverage and determine whether you have to offer coverage and for how long. Cobra Article [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2012/07/COBRA-Article-2012.pdf" title="COBRA Article "]

Webcast: Going Global-Legal Issues for Nonprofits Operating Internationally

Does your nonprofit send volunteers on international trips? Do you provide funding for projects in third-world countries? Do you have chapters in other parts of the world? This webcast helps you address the legal issues that your organization may face when operating internationally, including:

Sending money abroad,
Employment issues,
Contracting with foreign individuals or corporations,
Fundraising in foreign countries, and
Establishing nonprofits or chapters and affiliates in foreign countries.

Presenters: Linda DiSantis, General Counsel, CARE USA Eric Johnson, CARE USA Click here to view the webcast. Slides - Going Global [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2011/03/Going_Global_Legal_Issues_for_Nonprofits_Operating_Internationally_Webcast1.pdf" title="Slides: Going Global-Legal Issues for Nonprofits Operating Internationally"]

Guidance on Workers’ Compensation and Other Legal Challenges Available on Our Website

No nonprofit leader wants to get the news that an employee has been injured on the job. Your first reaction is concern for the health and well-being of the employee. But you must also consider the implications of the injury on the organization as a whole. Can the nonprofit be sued for the injury? Who will pay for the medical bills? What happens if the employee can't come back to work or can no longer do the same job? Our new article "Georgia Workers’ Compensation Basics" can help answer these questions. [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2012/07/Workers-Comp-Guidelines.pdf" title="Workers' Compensation Guidelines"]

Correctly Classifying Executive Directors

Does your nonprofit treat its executive director as an independent contractor? Most, if not all, of the time this is not the correct classification for an executive director and the consequences of the misclassification could be devastating to your nonprofit. Generally, executive directors are considered employees by the Internal Revenue Service as they are officers of the corporation. Executive directors run the organization, make decisions, and report to the board of directors. Thus, the IRS usually considers the executive director of an organization an employee, and misclassifying that person as an independent contractor could cause the organization and its board members to be held liable for unpaid employment taxes, plus interest and penalties. As an employee, the organization should withhold income taxes and withhold and pay Social Security and Medicare taxes on wages paid to an executive director. For more information on classifying workers as independent contractors or employees, visit here. For assistance in determining whether your workers are properly classified, contact Pro Bono Partnership of Atlanta. [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2011/12/Worker_Classification1.pdf" title="Article: Worker Classification"]

Webcast: Employment Law 102: Employees & the Fair Labor Standards Act

Once nonprofits have figured out how to categorize workers, the next step is to understand the rules surrounding employees specifically. The Fair Labor Standards Act determines how and when employees are to be paid, what amount employees are to be paid and a host of other issues. During this one hour webcast, our speaker:

Explains many of the basic requirements of the FLSA,
Discusses pitfalls that nonprofits often face, and,
Identifies common solutions that help nonprofits avoid violating FLSA

Presenter: Weyman Johnson, Partner, Paul Hastings Click here to view the webcast. Employment Law [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2012/08/EmploymentLaw1021-3.pdf" title="Slides: Employment Law 102"]

Webcast: Employment Law for Domestic Violence Shelters and Rape Crisis Centers

This webinar discusses the factors used to determine whether workers are independent contractors or employees, and whether employees are exempt or non-exempt, with a focus on the issues of classification commonly faced by domestic violence shelters and sexual assault centers, and the consequences of these classifications.

Are your workers independent contractors or employees?
Are your employees exempt or non-exempt?
What are the dangers of misclassifying your workers?
Do you sometimes struggle with issues of when you have to take out payroll taxes and when you have to pay overtime?

Employment Law for Domestic Violence Shelters [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2013/08/The-Employment-Law-for-Domestic-Violence-Shelters.pdf" title="The Employment Law for Domestic Violence Shelters"]