Pro Bono Partnership of Atlanta
The Consolidated Appropriations Act of 2021 (“CAA”), which was enacted on December 27, 2020, includes a wide variety of new programs and changes to existing law. This article covers many of the important programs and changes applicable to small, community-based §501(c)(3) nonprofit organizations, including the Paycheck Protection Program, Employee Retention Credits, Shuttered Venue Operator Grants, …
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 …
This whirlwind of a year is coming to a close! With it, some pandemic-related employment benefits are also coming to an end but the virtual workforce is not. Read this article get an update on the Families First Coronavirus Response Act and the latest CDC guidance on self-quarantining. The article also covers important considerations if …
On August 25, 2020, a new Interim Final Rule issued by the Small Business Administration (“SBA”) became effective. It explains how a PPP borrower may appeal a negative SBA loan review decision regarding either its eligibility to receive a PPP loan or the amount of loan forgiveness it receives to the SBA Office of Hearings …
The SBA has announced a new forgiveness form and requirements for PPP loan recipients who borrowed a total of $50,000 or less. The new Form 3508S is even more streamlined than the PPP loan forgiveness Form 3508EZ and takes into account exemptions if a borrower reduced full-time equivalent (FTE) employees or salaries or wages. Read …
If you’re organization is anticipating a merger or sale of assets with dissolution, and either of the parties to the deal have received a PPP loan, there are important considerations for your nonprofit to keep in mind. On October 2, the SBA released further guidance on what happens to PPP funds where there is a …
Join PBPA staff attorneys in a virtual webinar as they offer their perspectives on legal issues around COVID-19 and nonprofits. During this one-hour webinar, the speakers will draw from their diverse experience in counseling Georgia nonprofit clients during these unprecedented times, covering topics like employment, contracts, leases and board governance. Additional Links: PBPA COVID-19 Resource …
You sign them all the time, for your child’s field trip or when you rent some roller skates. What does a waiver, or release of liability, really mean? And what protection can it provide your organization from COVID-related liability? In this podcast, our guest, Larry Kunin, speaks with us about when and why a nonprofit …
The current COVID-19 pandemic has created various lease issues for nonprofits, both as landlords and tenants. An analysis of these issues requires particular attention to the express terms of the lease and the facts of the leasing relationship. During this presentation, we will look at COVID-19 leasing issues including: • What to look for in …
If a nonprofit organization has 15 or more employees, it is subject to the Americans with Disabilities Act (“ADA”), which prohibits discrimination against individuals with disabilities in the workplace and requires the reasonable accommodation of disabilities. On September 8, 2020, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance entitled “What You Should Know about …
U.S. Department of Labor (“USDOL”) issued new regulations which went into effect as of September 16, 2020 for to the Families First Coronavirus Response Act (“FFCRA”). The ruling related to four provisions of FFCRA: 1) the definition of health care provider; 2) the denial of benefits to employees who are unable to work for an …
The US Department of Labor (“DOL”) has provided further guidance on FFCRA childcare leave available to caregivers. Given that “back to school” is taking many forms this school year (virtual, in-person, blended and hybrid), the DOL has clarified which employee situations would be covered by FFCRA childcare leave. Please see this article for details on …
Just about every couple of weeks, the Small Business Administration (“SBA”) puts out additional guidance related to forgiveness under the Paycheck Protection Program (“PPP”). PBPA has a number of articles on PPP including a detailed article on Loan Forgiveness. Going forward, we will post future PPP updates in this handy outline, with each SBA update …
In the summer of 2020, Governor Brian Kemp signed the COVID-19 Pandemic Business Safety Act (the “Act”) to limit COVID-related liability for certain Georgia businesses. The Act can provide protection from COVID-19 related claims from non-employees, if explicit warning language is posted at your business. NOTE: The protection has been extended through July 14, 2022 for …
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 …
Georgia has enacted a law that provides immunity from certain civil lawsuits that may arise in the wake of the COVID-19 Pandemic. The Georgia COVID-19 Pandemic Business Safety Act (the “Act”) contains sweeping provisions that will provide much needed peace of mind during these uncertain times. However, there are important limitations to the Act’s reach …
As the realities of managing employees during COVID-19 unfold, government agencies have recently provided more guidance for employers. This article breaks down new developments, including whether an employee returning from furlough may be eligible for FFCRA leave, new CDC return to work guidance and whether an employee has to visit a doctor in person before …
Many nonprofits find themselves teleworking, now and for the foreseeable future. Just because your workforce is out of sight does not mean they are out of mind. In this podcast, Val Rusk shares legal and practical insight on managing a remote workforce. Pro Bono Partnership of Atlanta · Virtual Workforce
Find information on recent guidance on the Families First Coronavirus Response Act (FFCRA”) in this article, including: Is Your Employee Eligible For Paid Leave If Their Child’s Summer Camp Has Been Cancelled? The Department of Labor has provided guidance on if and when an employee is eligible for leave related to childcare during the school …
Updated on August 5, 2020 Small nonprofits that have received money under the CARES Act Paycheck Protection Program (“PPP”) will want to take advantage of the loan forgiveness provisions. This article summarizes the factors a small nonprofit should consider to maximize its loan forgiveness using the latest information available. In addition, this article discusses the …
As the effects of COVID-19 present financial challenges to nearly every nonprofit organization, some that have endowments may be wondering whether and how much your endowment funds can be used to keep your organization afloat. While a lot depends on the specifics of the endowment, this article is intended to provide an overview of some …
Updated on January 13, 2020 Since the introduction of the Paycheck Protection Program (“PPP”) on March 27, 2020, the federal government has provided numerous updates, changes and clarifications to it. Below is a list of resources from PBPA which capture PPP updates most relevant to small Georgia nonprofits. The most recent resources are listed first. …
The SBA and Treasury issued more clarification about the Paycheck Protection Program (“PPP”), and what happens if a borrower does not spend at least 60% of their PPP loan on payroll costs. The additional Interim Final Rules state that PPP borrowers may still be eligible to have a portion of their loan forgiven, and the …
Insolvency & Bankruptcy: Part 2 of the Options for your Nonprofit in these Tough Economic Times Series Your organization’s revenue is down, workforce is changing, and facilities are underutilized. What can a nonprofit do? What MUST it do? As your organization considers its options as an entity and a steward, there are several possibilities out …