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Board Management of Executive Director Series: Part III – Conflict and Termination

Part III – Conflict and Termination One of the greatest challenges a nonprofit board of directors can face is managing conflict with and potentially terminating an executive director. While no board wants to find itself in this situation, it’s crucial to be prepared. In this episode of the PBPA podcast, Alex Drummond with Seyfarth Shaw …

Read MoreBoard Management of Executive Director Series: Part III – Conflict and Termination

Board Management of Executive Director Series: Part II – Resignation and Transition

One of the most important tasks a nonprofit board might encounter is managing the transition to a new executive director. With great succession planning, plenty of lead time and lots of luck, an executive director transition might be completely smooth and uneventful. But more often than not, boards don’t have adequate time to plan or …

Read MoreBoard Management of Executive Director Series: Part II – Resignation and Transition

Board Management of Executive Director Series: Part I – Oversight

Effective Oversight to Foster Collaboration & Prevent Overreach As the linchpin of a nonprofit, the executive director is tasked with translating the organization’s mission into action and managing day-to-day operations. But what role does the board of directors play in ensuring accountability while maintaining a collaborative partnership? And how can board members navigate the fine …

Read MoreBoard Management of Executive Director Series: Part I – Oversight

Employee Termination Flowchart And Guide To Legal Considerations

When terminating an employee, nonprofits must carefully navigate the process to protect the organization from wrongful termination claims. This process, outlined in this flowchart to guide decision-makers during each step of the termination process, includes tips to ensure due diligence, consistency and documentation.  The following flowchart outlines the key steps and legal considerations to take …

Read MoreEmployee Termination Flowchart And Guide To Legal Considerations

Race-Conscious Grantmaking & Programming: Navigating the Legal Landscape

Last year, the Supreme Court in a landmark decision ruled that most American colleges and universities are prohibited from considering race in student admissions. This summer, an appellate court provided another important decision related to race-conscious offerings in the Fearless Fund case, and this one directly impacts Georgia nonprofits.  How might race-based grant-making change going …

Read MoreRace-Conscious Grantmaking & Programming: Navigating the Legal Landscape

Employers: The $35k Overtime Salary Threshold is Back

Last week, a federal judge blocked the implementation of a Department of Labor rule designed to expand overtime eligibility.  The Department of Labor had previously introduced a two-phase increase to the salary threshold for overtime.  The first adjustment took effect on July 1, 2024 and the second was set for January 1, 2025. Proactive employers …

Read MoreEmployers: The $35k Overtime Salary Threshold is Back

Tips and Tools for Managing Client Grievances

Handling client grievances effectively is critical for any nonprofit organization dedicated to providing quality services and support. Client complaints, whether about services provided, program procedures, staff, or facilities , can impact your nonprofit’s reputation and effectiveness. Ideally, your organization has a grievance policy to ensure a clear, fair process for addressing concerns. In case your …

Read MoreTips and Tools for Managing Client Grievances

What the Fearless Fund Settlement Means for Race-Based Grant Making

The Fearless Fund, an organization that supports black-women entrepreneurs, recently settled a discrimination lawsuit over one of their programs. While the settlement allows Fearless Fund to continue its mission, it underscores the importance of nonprofits carefully navigating the legal landscape of race-based grant making. This article by attorneys at Moore & Van Allen provides a …

Read MoreWhat the Fearless Fund Settlement Means for Race-Based Grant Making

Changing Your Nonprofit’s Name: Legal Steps and Practical Tips

While it’s not common, some organizations find it necessary to change their name.  And in order to make a change, an organization must navigate a myriad of issues, stakeholder considerations and legal steps.  Before you embark on this journey, take a listen to this episode of the PBPA Podcast to learn about what you can …

Read MoreChanging Your Nonprofit’s Name: Legal Steps and Practical Tips

Staying True to Your Nonprofit Mission: Navigating Reverse Discrimination and Anti-DEI Challenges

Since PBPA’s last podcast episode regarding DEI (diversity, equity & inclusion) initiatives, there have been numerous lawsuits against nonprofits not only related to DEI employment initiatives, but also nonprofit grant-making and programming. From the Supreme Court to the circuit court right here in Atlanta, nonprofits are at the heart of many of these lawsuits. Join …

Read MoreStaying True to Your Nonprofit Mission: Navigating Reverse Discrimination and Anti-DEI Challenges

Crisis Management For Nonprofits

The old saying goes “All publicity is good publicity”.  But we beg to differ.  Nonprofit organizations rely on their goodwill to raise funds and continue to do the good work that they do in the community.  Bad publicity from a crisis has the potential to destroy such goodwill.   Understanding how to anticipate, respond, and …

Read MoreCrisis Management For Nonprofits

FCC Imposes New Limits and Conditions on Nonprofit Organizations Making Robocalls

Does your nonprofit organization contact individuals by phone using prerecorded messages? Perhaps a prerecorded voice message is used to invite people to an event or to remind them to vote in an upcoming election. If so – and if the people you are calling have not previously consented to receiving prerecorded messages from your nonprofit …

Read MoreFCC Imposes New Limits and Conditions on Nonprofit Organizations Making Robocalls

When Is An Extended Leave Of Absence Reasonable?

How can a nonprofit employer minimize the effects an employee’s leave of absence has on your nonprofit’s work, while still providing the time away from work your employee needs? At a minimum, nonprofits should have leave policies to inform and guide both managers and employees.  But even with clear policies, handling extended leave requests under …

Read MoreWhen Is An Extended Leave Of Absence Reasonable?

Best Practices for a Legally Compliant Website

Virtually every nonprofit has a website, yet many do not consider the legal ramifications of having one. This webinar focuses on just a few: Speakers: Katie Bennett & Sarah Parker, Holland & Knight Open Slides in New Tab

Read MoreBest Practices for a Legally Compliant Website

The Interactive ADA Process for Nonprofit Employers: Best Practices for Effective Engagement

When an employee requests an accommodation for a disability under the Americans with Disabilities Act (the “ADA”), employers are required to engage in an “interactive process” with the employee to determine if there is a reasonable accommodation that would allow the employee to perform the essential functions of the job. This article from Hopkins & Carley discusses …

Read MoreThe Interactive ADA Process for Nonprofit Employers: Best Practices for Effective Engagement

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 …

Read MoreRecognizing Value: Paying and Receiving Honorariums

Furry Friends: Legal Guidance for Maintaining a Pawsome Workplace

Can you have a “No Pets at Work” policy? What if an employee has a service dog? What if it is an emotional support dog? What if the person asking is a member of the public and not an employee at all? Nonprofits may receive requests from employees, clients, or others, to bring service or …

Read MoreFurry Friends: Legal Guidance for Maintaining a Pawsome Workplace

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 …

Read MoreLegal Considerations for Nonprofits Using Chat GPT and Other Generative AI

Zoning 101: A Primer on Zoning Law for Nonprofit Leaders

Zoning laws help determine locations for specific development and facilitate community growth. Join Lisa Morchower, Of Counsel with Berman Fink VanHorn, as she provides an overview of zoning considerations for nonprofit organizations. In this webcast, she will cover such topics as: How to determine what your property is zoned for; What is a special use …

Read MoreZoning 101: A Primer on Zoning Law for Nonprofit Leaders

Webcast: No Good Deed Goes Unpunished: Risk Management of Nonprofits

Every day, nonprofits face risk in virtually every aspect of their operations. Since risk cannot be eliminated because life itself involves risk, the goal must be to manage risk. As the word “manage” implies, when a nonprofit attempts to reduce or control, i.e., manage its risk, it takes time, effort and money, all of which …

Read MoreWebcast: No Good Deed Goes Unpunished: Risk Management of Nonprofits

Rules of the Road:  Managing the Risks of Volunteer Drivers

To perform their services, many nonprofits rely on volunteers to drive.  The circumstances in which a volunteer will drive vary widely, from transporting supplies to taking senior citizens to doctors’ appointments.  Regardless of the reason volunteers get behind the wheel, nonprofits should develop a plan to mitigate the risk of having a volunteer on the …

Read MoreRules of the Road:  Managing the Risks of Volunteer Drivers

Top Legal Risks for Nonprofits

Have you made resolutions for your nonprofit in this new year? While you probably have resolutions unique to these extraordinary times, there are still “ordinary” risks that should not be overlooked. This article highlights the top legal risks facing nonprofits: managing information, managing relationships, and raising funds. Take stock of your nonprofit’s current practices and …

Read MoreTop Legal Risks for Nonprofits

A Legal Outlook for Georgia Nonprofits in 2021

Join us in a conversation with PBPA’s Executive Director, Rachel Spears, as she talks to us about the key legal trends for Georgia nonprofits in the coming year.  From the Paycheck Protection Program to Employee Retention Credits to Georgia state legislation, this episode of the PBPA Podcast provides an overview of the 2021 legal outlook …

Read MoreA Legal Outlook for Georgia Nonprofits in 2021

Webcast: Data Breach Prevention, Detection & Response

Data breaches are becoming more and more common. Whether the incident is “newsworthy” or not, the impact to your nonprofit’s reputation or the ability to operate can be severely impacted through a data breach. So what does it mean if you, or one of your vendors, is the victim of a security breach? In this …

Read MoreWebcast: Data Breach Prevention, Detection & Response
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