Pro Bono Partnership of Atlanta
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Nonprofit employers may provide educational assistance programs to their employees as a benefit, to cover certain qualifying education expenses. The CARES Act temporarily expanded the definition of “educational assistance” to include qualified student loans. This expansion has been extended by the to include student loans through December 31, 2025. Find out more in this article …
Our Fundraising series is exploring the legal aspects of conducting various fundraising activities in the state of Georgia. In this session, our speakers will explain the things nonprofits need to consider when hosting festivals, carnivals, block parties, fairs and “Taste of” events in Georgia. They will cover topics including risk issues, income and sales tax, …
On December 31, 2020, the Wage and Hour Division of the Department of Labor (“DOL”) updated its Family First Coronavirus Response Act (“FFCRA”) guidance. The update follows the Consolidated Appropriation Act of 2021 (the “Act”) which was signed into law on December 27, 2020. The Act extended the FFCRA tax credit through March 31, …
The Small Business Administration (“SBA”) and the US Department of Treasury reopened the Paycheck Protection Program (“PPP”) Loan Application portal this week to accept applications from borrowers that are applying for their first PPP loan, for modifications to their existing PPP loan, or for a second PPP loan. Only community financial institutions will be able …
Start the year off right by submitting IRS filings, completing local renewals and sending out donor acknowledgements on time. This Article includes a checklist of common items that most Georgia nonprofits should have on their legal maintenance “to do” list for January, including W-2s, donor acknowledgements, and Georgia Secretary of State corporate renewals.
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, …
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 …
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 …
You may be familiar with the fact that even tax-exempt organizations have to pay tax on income from an activity that is regularly carried on if it is not substantially related to the organization’s exempt purpose. This is known as “unrelated business income tax” or UBIT. Under the 2017 Tax Cuts and Jobs Act (“TCJA”), …
Can an employer stop an employee from discussing terms or conditions of the job, such as pay, benefits or working conditions, with others? You might be surprised to learn that the answer is generally: no! Read this article to learn why not and what options your organization has if you are concerned about employees’ discussing …
As a Georgia nonprofit, are you supposed to: (a) pay sales tax on items you buy? (b) charge sales tax on items you sell? (c) charge sales tax on fundraising activities including admissions to our galas, golf tournaments, and fun runs or (d) all of the above? Much of the time, the answer is (d) …
This year, perhaps more than ever, you want to acknowledge donors for their contributions. In this episode of the PBPA podcast, we will be talking about thanking donors and written acknowledgements. When should a “thank you” to donors be sent? What are the specific legal requirements of the acknowledgement? During this podcast, our guest Robyn …
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 …
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. …
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 …
Yes, in certain situations employers must provide up to two hours of leave for employees to vote. Read this article to learn more about Georgia voting leave requirements and limitations .
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 Supreme Court recently provided clarification on lesbian, gay, bisexual, transgender and nonbinary employee rights in the decision Bostock v. Clayton County. How does that decision affect the workplace practices and policies of your nonprofit? In this webcast, our speaker will with talk about: • What rights are recognized for LGBTQ+ employees after the Supreme …