Pro Bono Partnership of Atlanta

Podcasts

Navigating the ERC: A Guide to Eligibility, Application, and Scam Prevention

Have you been getting offers to help your nonprofit apply for an employee retention credit? Or have you heard about other organizations bringing in thousands of dollars in tax credits under this program? During this episode of the PBPA Podcast, William Stone and Barclay Taylor with Morris Manning and Martin will help us break down eligibility requirements and the application process for the employee retention credit. They’ll also address the unfortunate reality of scams surrounding this government program.

NOTE:  On September 14, 2023, the IRS issued a moratorium on the processing of ERC applications. The moratorium will continue until at least the end of 2023.  When the IRS begins to review applications again, it will be based on the order applications were received. Find more information about the moratorium HERE.

Episode Transcript

Legal Insights & Expert Strategies for Effective Workplace Violence Prevention

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 employee training. 

Resources Referenced During this Episode:

OSHA Workplace Violence Resources [osha.gov]

FBI Workplace Violence Threat Assessments [fbi.gov]

FBI Active Shooter Safety Resources [fbi.gov]

Episode Transcript

The Departure Lounge: Offboarding Nonprofit Employees

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 assets, join this conversation with employment attorneys as they share tips to guide a smooth and compliant offboarding process.

Episode Transcript

Recognizing Value: Paying and Receiving Honorariums

What happens when a member of your organization receives an honorarium? Should the payment go to the individual or to the nonprofit? Well, it depends. In this episode of the PBPA Podcast, Kathryn Hecker and Felix Swierski with Arnall Golden Gregory will explore these questions and provide guidance on receiving or paying honoraria. While an honorarium serves as recognition to an individual for their time, expertise, and contributions, it is important to be aware of the legal and tax implications that come with making or receiving honorarium payments.

Episode Transcript

Legal Considerations for Nonprofits Using Chat GPT and Other Generative AI

ChatGPT has become all the rage, inside and outside of the technology world. In fact, I even used ChatGPT to write this intro – but only after taking into consideration the guidance that Creighton Frommer, Counsel at RelX, shares in this episode of the PBPA Podcast.  Join us as we talk about ChatGPT and other generative artificial intelligence (AI), the legal issues they raise, and legal tips to guide your nonprofit’s use of this cutting-edge technology.

Episode Transcript

Virtual Assistants: Navigating Legal Considerations for a Stronger Partnership

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 guidelines for working with virtual assistants in the US or abroad.

Additional resource regarding classification tests referenced in this episode:

Proper Worker Classification in the Nonprofit Workplace: Avoiding Misclassification Issues

Episode 37 Transcript

The Fair Use Defense to Copyright Infringement

You may have heard of the “fair use defense”, where certain unauthorized uses of copywritten material may be allowed by law. Here at PBPA, we often get questions from clients about the “fair use defense.”  What really is the fair use defense?  Does it give nonprofits a free pass to use copywritten material?  In this episode of the PBPA Podcast, Jennifer Sandlin with Eversheds Sutherland will answer those questions and more as we review the fair use defense for nonprofits.

Episode 36 Transcript

Employee Awards & Gifts: Guidance to Avoid a Tax Spoiler

Your nonprofit wants to honor & celebrate its employees, whether it is with a company meal, holiday present, or award for years of service to your organization.  Employees appreciate employer gifts for any reason, but the gift is not as exciting if it’s taxed. In this episode of the PBPA Podcast, Darrell Smelcer with Hunton Andrew Kurth will walk us through the tax considerations of gifts to employees.  He will share tips and guidance to help your nonprofit and its employees avoid a tax spoiler.

Additional Resources Referenced in this Episode:

Employer’s Tax Guide

Employer’s Guide to Fringe Benefits

Business Expense Guide

Episode 35 Transcript

What to Do If Your Nonprofit Receives Employee Wage Garnishment Papers

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.

Episode 34 Transcript

Short and Suite: Renting Out Space for Special Events or Occasional Use

Is your nonprofit considering renting out its space for occasional events? For example, you have a great garden that could be rented out for special events or a gym that another nonprofit wants to use for after-school programming. Occasionally renting out your space can be an opportunity to collaborate with the community and raise funds for your organization, but there are some important questions to ask before handing over the keys.  Join James Reed with Morris Manning & Martin in this episode of the PBPA Podcast as he reviews those questions and more for nonprofits looking to rent out their space for one-time or limited use.

Links to additional resources referenced in this episode:

Lights, Camera, Action: Licensing Agreements with Movie Production Companies

UBIT: Four Letters Your Nonprofit Needs to Know

How to Obtain Alcohol Permits for Special Events

Episode 33 Transcript

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

Episode 32 Transcript

How Your Nonprofit Can Participate in “Get Out the Vote” Initiatives

501(c)(3)s have rules and restrictions around political activity, lobbying and advocacy.  With that in mind, how can a nonprofit get involved in next month’s election or be more active in the future?  In this episode of the PBPA Podcast, Robyn Miller, Senior Corporate & Tax Counsel with PBPA, speaks with us about the difference between political activity, lobbying and civic engagement.  Join us as she answers our questions about how 501(c)(3)s can participate in “Get-Out-the-Vote” initiatives.

Additional resources referenced during our conversation:

Lobbying vs. Advocacy

Political Campaign Activities and Electioneering

Collaborating With a 501(C)(4) Without Jeopardizing Your 501(C)(3) Tax-Exempt Status

Candidate Forums

Voter Registration Drives

Episode 31 Transcript

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.

Episode 30 Transcript

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.

Episode 29 Transcript

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

Fundraising Consultants & Grant Writers: Legal Considerations for Working with Third-Party Fundraisers

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.

How to be a Conscientious Board Chair

Directors have legal duties to their nonprofit, and the board chair is in a unique position to oversee these duties.  A chair can lead the board not just to govern, but to set the organization up for long-term success.  In this episode of the PBPA Podcast, Marianna Faircloth with The Home Depot will outline best practices and simple reminders for board chairs to lead a solid and legally compliant board.

Episode 28 Transcript

Episode 28 -How To Be A Conscientious Board Chair

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 Transcript

Episode 26 -Better Preparing for Future Turnover

What’s in a Name?  Legal Considerations of Nonprofit Branding

Whether a nonprofit’s name is based on its mission, location, founder, or something completely unrelated, it is the keystone of the organization’s branding. If you’re deciding on a name for your organization or a new program, or even if you are growing your brand, take a listen to this episode of the PBPA Podcast.  In this episode, Creighton Frommer, Chief Counsel at RELX, guides us through legal considerations in selecting and protecting a nonprofit’s name.

Episode 25 Transcript

Episode 25 Transcript - What's In a Name

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

Like, Follow & Subscribe: Legal Considerations for Nonprofits Working with Social Media Influencers

Nonprofits continually seek new and creative methods to increase awareness about their mission and fundraise.  Social media influencers are a real marketing force, and you may be trying to figure out if and how your nonprofit could work with an influencer.  Take a listen to this episode of the PBPA Podcast, where Jim Dudukovich, Counsel at Bryan Cave, reviews the legal considerations for nonprofits working with social media influencers. 

Additional Resources Referenced During this Episode:

Commercial Co-ventures & Cause Marketing

Fundraising Consultants & Solicitors: Working with Third-Party Fundraisers

Episode 23 Transcript

Episode-23-Transcript-Working-with-Social-Media-Influencers

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

Legal Considerations of Online Fundraising Auctions: Make it a Win-Win Situation

Online auctions make it easy for nonprofits to connect with a wide audience in a convenient format.  They have also skyrocketed in popularity during the pandemic as a safe option for nonprofits to continue their fundraising efforts. In this episode of the PBPA Podcast, Mary Benton of Alston & Bird discusses legal considerations around online auctions, including the auction website provider’s terms & conditions, out-of-state bidders, and raffles held with online auctions.

 
Episode 20 - Hosting an Online Auction

 

Resources Referenced During this Episode:

Department of Revenue Bulletin | Fundraising Activities Conducted by Organizations Exempt from Federal Income Tax Under Internal Revenue Code §501(c)(3) 

Webcast | Using Intellectual Property with Social Media

Article  | Vehicle Donations

Article| Registering for Charitable Solicitation

Podcast | Acknowledgements: What To Include in a “Thank You” to Donors

Fundraising Consultants & Grant Writers: Legal Considerations for Working with Third-Party Fundraisers

Are you considering working with a third-party fundraiser, such as a grant writer or fundraising consultant? If working with an outside fundraiser is on your horizon, take a listen to this episode of the PBPA Podcast.  When do you need to file a fundraiser’s contract with the Secretary of State?  Can you pay them by percentage?  Justine Cowan, Corporate Counsel with PBPA, will answer those questions and more as she reviews legal and ethical considerations of working with outside fundraisers.

Links to Additional Resources Referenced in this Episode:

Registering for Charitable Solicitation

Contracts Basics for Nonprofits

Episode 20 Transcript

Episode 20 - Solicitors, Consultants & Grant-Writers - Legal Considerations for Working with Third-Party Fundraisiers

Vaccination 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 

Episode 19 Transcript - Vaccine Mandates, Testing & OSHA Updates

Playing & Performing Music: What Your Nonprofit Needs to Know About Music Licensing  

When it comes to using copyrighted content, nonprofits often rely on the exceptions of fair use or use for an educational purpose.  Practically speaking, those exceptions are very limited.  So when do you need to get a license?  In this episode of the PBPA Podcast, Becki Lee will break down the complicated world of music licensing to help you understand when and from whom you need to secure a music license, as she answers our questions about fair use, performing rights organizations and more.

Guest Speaker: Becki Lee, Arnall Golden Gregory.


Episode 18 Transcript



Episode 18 Transcript - Playing & Performing Music