Pro Bono Partnership of Atlanta

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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 permit and variance; and
  • What to keep in mind if you go before a zoning board without an attorney

Speaker: Lisa Morchower, Of Counsel, Berman Fink VanHorn

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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 can take away from the time, effort and money being spent on the mission of the nonprofit. During this one hour webinar, our speaker will discuss tools that will help nonprofits minimize the amount of time, effort and money consumed by risk management. Specifically, “risk shifting” will be covered in three areas:

  • Contracts provisions and forms that shift risks and liability to another person or company;
  • Insurance that shifts responsibility for the consequences of risks to an insurance company; and
  • How contracts and insurance fit together.

Speaker: George Sewell

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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 road on its behalf.  This article outlines steps your nonprofit can take to minimize those risks, whether your volunteers drive their own car or your nonprofits’ car or whether they are driving themselves or driving with passengers.

Managing Risks with 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 make changes for the new year and beyond to minimize these risks.

 

Top Legal Risks for Nonprofits2

 

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 for nonprofits.

Episode 11 Transcript - 2021 Nonprofit Outlook

Episode 11 Transcript – 2021 Nonprofit Outlook

Please see the list below, or the attached transcript, for a list of additional resources that Rachel mentions during this episode.

COVID-19 Vaccines: Can or Should You Mandate Them For Your Employees?

Leasing: Webcast: COVID-19 Lease Issues – Considerations and Practical Guidance for Landlords and Tenants

Virtual Workforce: A Year-End Update on COVID-19 and Employment Concerns for Your Nonprofit

Cybersecurity: Webcast: Avoiding Fraud And Cyber Risk From Inside and Outside Your Nonprofit

COVID Liability Sign: Do This One Thing To Take Advantage of Potential COVID Immunity

Paycheck Protection Program:  Paycheck Protection Program Resource List

Employee Retention Credit: “COVID Relief” at the End of 2020: What Small Community-Based Nonprofits Need to Know

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 webcast, our speaker will discuss:

  • The difference between an incident and a breach;
  • What steps a nonprofit should proactively take to minimize risks;
  • How to respond if you receive notification of a vendor’s breach;
  • How to navigate the stages of a breach.

Speaker: Ami Rodrigues, Privacy Counsel, Coca-Cola and Toni Igbenoba, Attorney, Upwork

View the webcast

Slides – Data Breach

Slides - Data Breach

How To Support Organizations In Other Countries Without Losing Your 501(c)(3) Status

Nonprofits (or NGOs) based outside of the U.S. are usually not eligible to receive tax-exempt status here from the IRS. These NGOs may choose to form a brand new U.S.-based §501(c)(3) or to partner with an existing U.S.-based §501(c)(3) with a similar mission in order to be able to obtain tax-deductible donations from U.S. taxpayers. But U.S.-based nonprofits risk losing their tax-exempt status if they accept donations on behalf of organizations based in other countries without meeting certain IRS requirements. This article outlines the three key factors the IRS uses to determine whether or not a U.S. §501(c)(3) can accept donations on behalf of organizations based outside the U.S.

Article - Conduit Organizations

Webcasts: Nonprofits, HIPAA and Medical Records

If your organization is subject to HIPAA, there are very stringent laws that dictate how your nonprofit must handle medical records. Even if your nonprofit is not subject to HIPAA, there are several obligations around handling medical records. In this webcast, our speaker will talk about:

  • Medical records & COVID-19
  • Confidentiality requirements
  • How to handle requests for medical information

Speaker: Zeke Van Keuren, Southern Health Lawyers

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Slides – Nonprofits, HIPAA and Medical Records

Nonprofits, HIPAA and Medical Records

Webcast: Building Generational Wealth: Estate Planning Basics – What It Involves and How to Talk About It

Community Leaders, Nonprofit Staff, and Cooperative Extension Agents: Estate planning is your go-to protection against blighted homes, land loss, and generational poverty in the communities you serve. With proper estate planning, your constituents can prevent the creation of heirs property, an unstable form of landownership that limits a family’s ability to make home improvements, manage farm and timber land, and build generational wealth typically leveraged through USDA and bank financing, nonprofit home-repair programs, disaster relief, and business development.

Enhance your financial literacy offerings, ensure your philanthropic investments last, and serve your community better by understanding estate planning. During this webinar, our speakers will help Community Leaders, Nonprofit Staff, and Cooperative Extension Agents understand estate planning basics:

What estate planning includes;

  • How to talk about estate planning with communities and clients
  • What happens when you die with a will versus without a will
  • How estate planning can prevent heirs property
  • What decisions need to be made before meeting with an attorney and
  • How estate planning impacts Community, Nonprofit, and Cooperative Extension organizations’ goals.

Speakers: Gentry E. Mander, J.D. & Skipper StipeMaas, Georgia Heirs Property Law Center

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Estate Planning Basics

Estate Planning Basics

Latest Rules Clarify Paycheck Protection Program Loan Forgiveness

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 Rules include the formula to calculate the forgivable amount based on loan amount, payroll costs and other PPP loan specified costs. Find out more about these most recent updates to the the Paycheck Protection Program Flexibility Act in this article.

Paycheck Protection Program Latest Interim Final Rules - Clarifying Loan Forgiveness

Webcast: Ways to Lower Your Property Taxes – Homestead Exemptions & Tax Appeals

This webinar is an overview of the two tools homeowners have to try to manage their property taxes amid rising home values. Homestead exemptions are a valuable tool for reducing taxes on primary residences and who might be eligible is a little broader than whose name appears on the deed. We will talk about who might be eligible for exemptions and what exemptions might be out there for your clients. We will also touch on the appeal process and what to consider in preparing to appeal the value in the notice of assessment.

Presenters: Stacy Reynolds, Attorney, Senior Citizens Law Project and Cari Hipp, Attorney, Pro Bono Unit, Atlanta Legal Aid Society, Inc.

View the webcast here

Ways to Lower Your Property Taxes

Ways to Lower Your Property Taxes Homestead Exemptions and Tax Appeals

Webcast: Veteran Affairs Benefits and Resources

The world of veterans’ benefits is often confusing and misleading. Veterans are frequently left on their own to determine what they may be eligible for and where to find assistance. During this webinar, our speaker will help veterans and their support networks understand:

– The different types of V.A. cash benefits, e.g. V.A. Disability Compensation and V.A. Pension;
– When and how to apply for V.A. cash benefits;
– Non-cash benefits, e.g. health, education; and
– Where to find assistance.

Presenter: Jeremey A. Striegel, Staff Attorney, Senior Citizens Law Project, Atlanta Legal Aid Society, Inc.

View the webcast here.

VA Benefits Webcast -scg edits

VA Benefits Webcast

 

Webcast: Leasing 101: It Begins and Ends with a Lease

Does your organization help participants find housing and sign leases with landlords? Could your organization use a little bit of insight on what all those lease provisions mean? This webcast is intended to walk the listener through:

– Understanding standard lease provisions
– Once it is signed, following the terms of the lease.
– The lease entered into between tenant and landlord is an enforceable contract. If you would like to guide your participants as they take this big step, then tune in!

View the webcast here.

Slides – Webcast Leasing

Slides - Leasing 101

Update – Gun Laws in Georgia: Can a Nonprofit Restrict Guns On Its Property?

Many nonprofits in Georgia, particularly those that work with vulnerable populations including children, the elderly, and victims of violence, do not permit weapons on their premises. On July 1, 2014, the laws of Georgia changed significantly to further limit one’s ability to restrict gun-carrying by licensed gun-holders. These changes may affect nonprofits that currently have such restrictions, particularly those that are located in government buildings or lease property from a municipality, county or the State of Georgia.

The Safe Carry Protection Act (SCPA) became law in the State of Georgia on July 1, 2014. With the passage of the SCPA, many Georgia nonprofits face a new set of rules regarding weapons in and around their workplaces or operating locations.

The SCPA permits an expansion of rights of licensed gun-holders to carry guns and other weapons in public places.

Gun Laws in Georgia

Article: Updated Gun Laws in Georgia 2019

Is Your Website Required to Be Accessible to Disabled Individuals? Recent Case Says “Yes”

Title III of the Americans with Disabilities Act (“ADA”) requires organizations to make reasonable modifications to policies, practices, and procedures in order to make their goods and services available to people with disabilities. While this provision has historically been applied to physical “brick-and-mortar” facilities, some courts, including the 9th Circuit Court of Appeals in a recent case, and the United States Department of Justice (“DOJ”) are now interpreting the provision as applicable to commercial websites that offer goods or services for sale, including nonprofit websites where goods or services are sold. In addition, private attorneys have been filing lawsuits to challenge the lack of accessibility of commercial websites.

Website Access

Article- Website Accessibility Under the Americans with Disabilities Act 3-19

So You Have a Service Animal: The Obligations of Nonprofits to Individuals with Service Animals

Confusion over service animals, which are specially trained to help people with disabilities, and emotional support animals, which are used to provide emotional support, but don’t necessarily require any specialized training, have become prevalent in our day and time. Under the Americans with Disabilities Act (ADA), State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. So if you run a nonprofit and you run afoul of this provision, you could find yourself in violation of ADA and/or the State or local law. In the State of Georgia, denial or interference is a misdemeanor of a high and aggravated nature punishable by a fine not to exceed $2,000.00, imprisonment for not more than 30 days, or both.

Service Animal Article

Article - Service Animals

Webcast: Avoiding Fraud And Cyber Risk From Inside and Outside Your Nonprofit

You have heard the stories: “Unsuspecting employee gives company bank information to hacker, Company loses millions!” As you read this, you think cybercrime and embezzlement would never happen within your nonprofit. Or could it? In this webcast, John & Anush talk about fraud and your nonprofit, including concerns such as:
• How to detect potential fraud.
• What to do if you suspect there is fraudulent behavior by an employee.
• What to do if you receive a suspicious email.
• Oh no, we were duped! What to do after the fraud has occurred.

View the webcast here.

Slides – Fraud and Cyber Risk

Slides- Fraud and Cybersecurity

New Privacy Rules and Nonprofits – What You Can Do Now

In everyday media, privacy is the buzz word. Organizations have been nervously busy for some time understanding which privacy rules apply to their businesses. Often more than one regulation applies. In 2018, the European Union adopted the General Data Protection Regulation (GDPR), data privacy regulations which are influencing data privacy rules and practices in the United States and internationally. California also has a new privacy law to consider. This article outlines some practical privacy compliance program considerations for smaller organizations.

Privacy Rules Basics

Article - New Privacy Rules and Nonprofits – What You Can Do Now

Webcast: Employment Practices Liability Insurance – What is it and does my nonprofit need this insurance policy?

In the climate of #MeToo, how do you protect your organization from the significant costs associated with claims of harassment, discrimination or retaliation made by employees or former employees? Even if you have your employee handbook and waivers all in tip-top shape, and are clearly not at fault, an employee or former employee can file a charge with the Equal Employment Opportunity Commission or sue your organization! This is when EPLI can help out. Learn more about employment practices liability insurance (EPLI), what it covers, and why you may want to get coverage.

View the webcast here.

Slides – Employment Practices

Slides- Employment Practices Liability Insurance

Can My Nonprofit Be Sued Over Donated Food?

Food donations support many in need, but nonprofits must not overlook their legal risks and obligations in distributing donated items. Every day, food is wasted by restaurants, growers and stores. This is in part because potential donors fail to understand food donation policy or fear possible liability. Fortunately, a federal law known as the Bill Emerson Good Samaritan Act provides fairly broad protections to food donors and nonprofits distributing donated food. This article provides an overview of the Good Samaritan Act and some factors to consider for nonprofits engaged in or considering engaging in food donations.

Food Donation Liabilities

Article- Food Donation Liability Protection

The Probate Process and Deceased Relatives’ Debts

Dealing with the death of spouse or other family member is difficult. While they are still grieving, surviving family members can be targeted by debt collectors and led to believe that they are responsible for paying their loved ones’ debts. Family members are also frequently unaware that the probate process provides financial protections for surviving spouses and minor children. This webcast will provide an overview of the following:

• What happens when a family member dies with and without a last will and testament;
• What it means to probate an estate and how the probate process works;
• The extent to which surviving family members are liable for a deceased relative’s debts; and
• How surviving spouses and minor children can obtain additional protections through year’s support petitions.

This webcast is recommended for housing nonprofits and nonprofits with large homeowner and/or senior client bases.

The Building Generational Wealth webcast series is offered by the Generational Poverty Law Project, a partnership between Pro Bono Partnership of Atlanta, Atlanta Legal Aid Society, and Georgia Heirs Property Law Center and funded by The Junior League of Atlanta.

Speaker: Joann E. Johnston, Legal Programs Director and Gentry E. Mander, Equal Justice Works Georgia Housing Corps Fellow

Click here to view the webcast.

Slides – Probate Process

Slides- The Probate Process and Deceased Relatives’ Debts

Webcast: Food Donation Liability Protection

Everyday food may be wasted if potential donors fear liability. The Bill Emerson Good Samaritan Act protects donors and recipient agencies from liability when distributing donated foods. View this webcast to learn how you and your organization are protected by federal and state laws.

Specifically, the webcast will cover:

– Can your organization be sued if food you donated caused someone to get ill?
– How does the law apply to prepared foods (like applesauce, cooked veggies, etc.)?
– What type of food donations are protected under the law?
– Are there certain conditions for food packaging, content, and expiration date?

…

Is Your Employee or Volunteer a Foreign National?

Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discrimination in hiring, promotion, discharge, pay, and other aspects of employment, on the basis of race, color, or national origin

Employers are also prohibited from discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees. However, foreign nationals and their potential employers should be aware that there are U.S. immigration regulations associated with both employment and volunteer opportunities. The unlawful employment of foreign nationals by U.S. employers is a violation of federal law and can subject employers to both civil and criminal penalties.

Is Your Employee a Foreign National?

Article- Is Your Employee or Volunteer a Foreign National

Licensing Requirements for Summer and Other Childcare Programs

The Georgia Department of Early Care and Learning (DECAL) requires that “all programs providing group care for children” obtain either a license or an exemption from licensing. You cannot simply assume that your program is exempt.

If you operate a child care program in Georgia, you must either obtain a license or an official determination that the program is exempt from licensing rules. Ignoring these requirements can lead to fines or even prosecution for operating an unlicensed facility. This article provides information about Georgia licensing requirements, and how to obtain an exemption if your program is eligible to receive one.

Licensing Requirements

Article- Summer Programs and Child Care Regulations