Pro Bono Partnership of Atlanta

Independent Contractors

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

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

Employees, Independent Contractors and Interns: Correctly Classifying Your Workers

Just like any workplace, a nonprofit organization has workers who aid the nonprofit in the pursuit of its goals. These workers are the nonprofit’s most valuable asset, and their performance will often determine the organization’s overall success.

The attached articles address recent legal developments and answer three important questions for the nonprofit employer:

– Is a nonprofit’s worker an employee or an independent contractor?
– Are the nonprofit’s employees classified correctly as exempt or nonexempt under the Fair Labor Standards Act?
– Can the organization have unpaid interns?

Click here to read the articles: Guidance for Nonprofits Seeking to Use Unpaid Interns and Proper Worker Classification in the Workplace: Avoiding Misclassification Issues.

Proper Worker Classification in the Nonprofit Workplace: Avoiding Misclassification Issues

Just like any workplace, a nonprofit organization has workers who aid the nonprofit in the pursuit of its goals. These workers are the nonprofit’s most valuable asset, and their performance will often determine the organization’s overall success. However, is a nonprofit’s worker an employee or an independent contractor? Is there a difference? Does it matter?

A nonprofit will often treat paid workers as contractors – it is easier and there are less administrative and tax burdens. However, most paid workers are actually employees, and must be paid as such in order to avoid significant legal liability for the organization. This includes payment of overtime and minimum wage.

This article discusses how to determine whether to pay a worker as an employee or an independent contractor, and what the differences are under Georgia and federal law. First, we will review how employee and independent contractor classifications are interpreted by the United States Department of Labor (USDOL), the Internal Revenue Service (IRS), and the Georgia Department of Labor (GDOL). Then, we will examine the Fair Labor Standards Act (FLSA) to help determine whether an employee is exempt from minimum wage and overtime pay requirements. Included within this article are links which lead to USDOL guidelines.

Employee Classification

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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

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

Webcast: Recent Developments in Employment Law

This past year has been marked by many legal developments that impact employers. We will highlight recent court cases and federal agency guidance, and discuss best practices for employers in light of these changes. During this webinar, we will provide an overview of the following hot topics in employment law:

• Discrimination based on religion, pregnancy and genetic information;
• New guidance on independent contractor and joint employment status; and
• Developments related to social media.

Presenters: Olushola Ayanbule, Kathleen Kubis & Katherine Smallwood, Seyfath Shaw

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Recent Developments in Employment Law slides