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Resources

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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

Families First Coronavirus Response Act Resources

START HERE: FFCRA Obligations Become Voluntary Article Summarizing FFCRA FAQs by PBPA FIND MORE DETAILS HERE: Webcast: COVID 19 Navigating Changes for Employers in the Nonprofit Workplace FAQs by U.S. Department of Labor Employee Retention Credit & FFCRA IRS Flow Chart for ERC and FFCRA Employment Tax Credits COVID-19 Employment Law Update: New Developments as …

Read MoreFamilies First Coronavirus Response Act Resources

Taking Additional Money from a First Draw PPP Loan

Was your nonprofit approved for a Paycheck Protection Program (“PPP”) loan in 2020?  The Small Business Administration has provided guidance regarding reapplication or requests for increases for First Draw PPP Loans approved on or before August 8, 2020. Lenders may approve increases on First Draw PPP Loans starting on January 25, 2021. Read this article …

Read MoreTaking Additional Money from a First Draw PPP Loan

Federal Postings Are Still Required for Remote Workplaces

Under federal law, employers are required to display notices and posters in the workplace advising employees of their rights.  What is a “workplace” when some or all of your employees are remote?  Should you send notices out via e-mail, or post them on a shared document drive, or in the breakroom no one has used …

Read MoreFederal Postings Are Still Required for Remote Workplaces

Educational Assistance Program Expanded to Cover Loan Repayments though 2025

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 …

Read MoreEducational Assistance Program Expanded to Cover Loan Repayments though 2025

Webcast: Galas & Tournaments & Festivals, Oh My! Part III: Festivals, Carnivals and “Taste Of…” Events

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, …

Read MoreWebcast: Galas & Tournaments & Festivals, Oh My! Part III: Festivals, Carnivals and “Taste Of…” Events

FFCRA Obligations Become Voluntary

  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, …

Read MoreFFCRA Obligations Become Voluntary

Reopening the Paycheck Protection Program Portal

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 …

Read MoreReopening the Paycheck Protection Program Portal

Your Nonprofit’s Checklist for Annual Filings and Renewals

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.

Read MoreYour Nonprofit’s Checklist for Annual Filings and Renewals

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

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, …

Read More“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 …

Read MoreWebcast: Data Breach Prevention, Detection & Response

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

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 …

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

Is “Comp Time” a Legal Practice in Georgia?

“Comp Time” is a popular practice among some nonprofit employers.  An employee who works extra hours gets paid time off instead of overtime pay.  In this episode of the PBPA podcast, Marquetta Bryan speaks to us about the practices of “comp time” as well as “flex time.”  If your nonprofit provides comp time options to …

Read MoreIs “Comp Time” a Legal Practice in Georgia?

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

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 …

Read MoreA Year-End Update on COVID-19 and Employment Concerns for Your Nonprofit

New Rules for UBIT: What You Need to Know About Siloing

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”), …

Read MoreNew Rules for UBIT: What You Need to Know About Siloing

Can I Stop Employees From Sharing Information About Their Pay?

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 …

Read MoreCan I Stop Employees From Sharing Information About Their Pay?

Webcast: What is the Latest on Nonprofit Fundraising and Sales Tax?

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) …

Read MoreWebcast: What is the Latest on Nonprofit Fundraising and Sales Tax?

Podcast | Acknowledgements: What To Include in a “Thank You” to Donors

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 …

Read MorePodcast | Acknowledgements: What To Include in a “Thank You” to Donors

Appealing SBA Decisions on PPP Loan Eligibility and Forgiveness

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 …

Read MoreAppealing SBA Decisions on PPP Loan Eligibility and Forgiveness

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. …

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

Webcast: Tips for How to Handle a Problem Employees

Few workplace issues are more frustrating than employees who are failing to perform, mistreating others, or raising unsubstantiated concerns. While there is no vaccine for problem employees, there are appropriate (and inappropriate) treatments. In this webcast, presenters discuss common “problem employee” scenarios and best practices for difficult situations, including: • What to investigate, document, and …

Read MoreWebcast: Tips for How to Handle a Problem Employees

Simplified Forgiveness Forms and Requirements for Paycheck Protection Loans of $50,000 or Less

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 …

Read MoreSimplified Forgiveness Forms and Requirements for Paycheck Protection Loans of $50,000 or Less

Considerations for Nonprofits with Paycheck Protection Program (“PPP”) Loans That Are Looking To Merge or Dissolve

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 …

Read MoreConsiderations for Nonprofits with Paycheck Protection Program (“PPP”) Loans That Are Looking To Merge or Dissolve
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