Pro Bono Partnership of Atlanta

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Webcast: Thinking About Buying a Building

Your organization has grown and you now need your own building, or a bigger building, and you have the funds to buy rather than rent. You’ve bought a house before, or have at least seen people do it on TV, and it seems so simple! Surely buying a commercial building isn’t much different? Unfortunately (unless you’re a real estate lawyer!), the process of buying a commercial building can be complicated. Certain pitfalls, if not avoided, could leave you with no building (and/or no money) to show for all your hard work. So, don’t miss this informative workshop for a broad overview of:

• Reasons to buy vs. rent.
• Key issues to negotiate in your purchase contract.
• Due diligence for buying a building.
• Common pitfalls to avoid in the diligence process.
• The closing process.
• Common ownership risks and ways to avoid them.

Presenter:
David Burch, Morris, Manning & Martin, LLP

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Is it Okay for Employees to “Volunteer” Part of Their Time?

One of your employees is so committed to the organization that she offers to “volunteer” part of her time. She will do her job Monday through Friday but she will only be paid for four days a week. Sounds like a great solution to your nonprofit’s financial struggles, right? Wrong – according to the Department of Labor. Most employees must be paid for all of the time they spend doing their job. An employee may only “volunteer” if certain conditions are met, namely:

• The volunteer services must be aimed at advancing civic, charitable, or humanitarian goals, without the promise or expectation of any compensation.
• The employer must not require or coerce the volunteer services.
• The volunteer services must not be the same type of services performed by the employee in his or her regular position.

The last requirement may be the trickiest to satisfy. An employee may not provide volunteer services that are similar to their paid work. So a counselor may not volunteer to supervise children on a field trip and a teacher’s aide may not volunteer to assist teachers after hours.

Click here to read full article

When May an Employee Also Serve as a Volunteer?

Webcast: Nonprofits Leading Groups Overseas: Legal and Practical Tips for Protecting your Organization and its Travelers

Nonprofit organizations operating overseas trips and programs need to be aware of, and prepare for, potential problems and complications that can befall their travelers. This one hour webinar will address practical and legal tips for protecting your organization and its travelers. From advice on practical tips and emergency plans to insurance and releases, this webinar will arm participants with what they need to have in place to prevent problems from occurring or in the case of an emergency.

Presenters: Mindy Simon and Mike Ryder

Nonprofits Leading Groups Overseas: Legal and Practical Tips for Protecting your Organization and its Travelers

Nonprofits Leading Groups Overseas: Legal and Practical Tips for Protecting your Organization and its Travelers Presentation

 

 

Nonprofit’s Guide to Risk Management and Insurance

Risk management does not represent the most exciting or inspiring part of a nonprofit organization’s work. However, it is as crucial as any other task a nonprofit undertakes, because good risk management ensures that the nonprofit will have enough assets to carry out its mission. It also ensures that the nonprofit’s actions will not harm the client population it is trying to serve, the general public, or the organization’s employees and volunteers. In order to assist your nonprofit in developing a risk management plan, the D.C. Bar Pro Bono Program has developed a guidebook that discusses the basics of risk management, including:

• steps that will help you identify the risks your organization faces as a result of its day to day operations;
• strategies that will help your organization minimize these risks; and
• information about how your organization can insure against these risks.

Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, on the laws of the District of Columbia. As a result, the information may not be appropriate for organizations operating outside the District of Columbia.

Risk Management

Webinar 8: Risk Management and Insurance

Workers’ Compensation Insurance: Required by Law for Most Georgia Nonprofits

Under Georgia law, companies with three or more employees are subject to workers’ compensation laws and must carry workers’ compensation insurance. Both paid staff and unpaid corporate officers (for example, Board chair and secretary) are considered to be employees. As a result, most nonprofit corporations are required to have workers’ compensation insurance.

In order to determine whether a nonprofit is subject to the workers’ compensation laws and required to have workers’ compensation insurance, first add up the total number of paid staff plus the total number of corporate officers. This is the number of employees under Georgia law. If the total number of employees (staff plus corporate officers) is three or more (which is very common), then the nonprofit is probably required to have workers’ compensation insurance.

Up to five officers of a nonprofit corporation can exempt themselves from workers’ compensation coverage, which could reduce insurance costs. Discuss this with your insurance representative. Anyone who opts out must send a completed Form WC-10 to their workers’ compensation insurance carrier or to the State Board of Workers’ Compensation (SBWC) if there is no carrier.

If all of the nonprofit’s employees are unpaid corporate officers (not paid staff) who exempt themselves from coverage, then the nonprofit might not be required to have workers’ compensation insurance.

The risk of being subject to the workers’ compensation laws but not having workers’ compensation insurance is that an uninsured organization is responsible for any benefits owed under a workers’ compensation claim. The cost of even one claim could bankrupt an organization. If there was coverage, the insurance carrier would pay these benefits.

Nonprofits that are small enough not to be subject to the workers’ compensation system can be sued in court for a work injury. Unlike workers’ compensation claims, work injury lawsuits allow for “pain and suffering” damages, which can be substantial. Small nonprofits can elect to be part of the workers’ compensation system by buying coverage in order to limit such exposure.

If you are a PBPA client and are unsure about whether or not your organization is required to carry workers’ compensation insurance, please email info@pbpatl.org.

For more information, see Georgia Workers’ Compensation Basics.

Workers' Compensation Guidelines

Insurance and Risk Management 101 for Nonprofits

The alert provides basic information about the types of insurance typically purchased by nonprofits, such as what the insurance policies cover and why a nonprofit may need to purchase such insurance. It also discusses basic risk management techniques your nonprofit can follow to help prevent any losses.

Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, on the laws of the District of Columbia. As a result, the information may not be appropriate for organizations operating outside the District of Columbia.

Insurance Risk Management

Article: Insurance & Risk Management Alert

 

Webcast: HIPAA Considerations for Small Nonprofits

Nonprofits often request medical information from clients and volunteers. The Health Insurance Portability and Accountability Act (“HIPAA”) establishes rules about the collection and protection of health information. Do nonprofits need to comply with HIPAA and, if so, what does HIPAA require?

During this one hour webcast, our speaker addresses:

  • Who is subject to HIPAA?
  • If your organization is subject to HIPAA, what does it need to do to comply?
  • What are the recent and anticipated changes to HIPAA, and how do they affect your organization?

Click here to view the webcast.

HIPAA Considerations

HIPAA Considerations for Small Nonprofits

Child Abuse Reporting in Georgia

When working with children, nonprofit employees and volunteers should always be mindful of the possibility that a child has been or is currently being abused. Anyone who suspects child abuse is encouraged to report such abuse to the authorities, but did you know that certain individuals are required by law to do so?

If you or another nonprofit worker suspects abuse, who should you contact? Are there legal consequences to the nonprofit if an employee or volunteer fails to report suspected abuse? Are there protections for those employees and volunteers who do report suspected abuse? Our new article called “Child Abuse Reporting in Georgia” can help answer these questions and more.

Updated-Child-Abuse-Article-1

Insurance for Nonprofits

Insurance seems like a black hole to many nonprofits. There isn’t a clear guide as to what is needed, how much is needed, and where to get it. In addition, it seems like just another cost that’s especially difficult to afford in lean times.

During this one hour webinar, our speaker brings light to the subject and helps nonprofits understand:

  • What different types of insurance are appropriate for nonprofits
  • What the different types of insurance actually cover
  • How to find a good insurance broker
  • The pros and cons of various types of insurance.

Presenter: Kristie Morain, General Counsel, Boys and Girls Club of America

Insurance for Nonprofits

Slides: Insurance for Nonprofits