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Resources

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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

Don’t Be an April Fool: Renew Your Georgia Nonprofit Corporation Registration

Keep your corporate registration in good standing by renewing it annually.  Georgia nonprofits must renew their registration with the Office of Secretary of State every year, between January 1 – April 1.  You must renew during this window regardless of when you filed your initial registration (for example, if you registered with the Secretary of …

Read MoreDon’t Be an April Fool: Renew Your Georgia Nonprofit Corporation Registration

Precious Cargo: Effective Risk Management Strategies for Nonprofits Driving Children

Transporting children in cars may be a necessary component of some nonprofit programming, but it also carries significant risks. While accidents can never be completely eliminated, there are steps nonprofit organizations can take to mitigate the risks to the organization, the driver, and the transported children. This article from Wagenmaker & Oberly explores some effective …

Read MorePrecious Cargo: Effective Risk Management Strategies for Nonprofits Driving Children

Virtual Assistants: Navigating Legal Considerations for a Stronger Partnership

Employers are becoming increasingly creative with meeting their workforce staffing needs.  In this episode of the PBPA Podcast, Chris Anderson and Will Collins with Ogletree Deakins will be focusing on a recent trend: virtual assistants.  If your nonprofit is considering outsourcing some administrative duties, tune in to this episode as we outline legal considerations and …

Read MoreVirtual Assistants: Navigating Legal Considerations for a Stronger Partnership

The Fair Use Defense to Copyright Infringement

You may have heard of the “fair use defense”, where certain unauthorized uses of copywritten material may be allowed by law. Here at PBPA, we often get questions from clients about the “fair use defense.”  What really is the fair use defense?  Does it give nonprofits a free pass to use copywritten material?  In this …

Read MoreThe Fair Use Defense to Copyright Infringement

Employee Awards & Gifts: Guidance to Avoid a Tax Spoiler

Your nonprofit wants to honor & celebrate its employees, whether it is with a company meal, holiday present, or award for years of service to your organization.  Employees appreciate employer gifts for any reason, but the gift is not as exciting if it’s taxed. In this episode of the PBPA Podcast, Darrell Smelcer with Hunton …

Read MoreEmployee Awards & Gifts: Guidance to Avoid a Tax Spoiler

What to Do If Your Nonprofit Receives Employee Wage Garnishment Papers

Your nonprofit has received notice from a government agency or court to garnish an employee’s wages. Now what? Nonprofit employers may not always be clear on their responsibilities when they receive a garnishment order. In this episode of the PBPA Podcast, Elijah Davis with Stanton Law outlines why a nonprofit should immediately respond to garnishment …

Read MoreWhat to Do If Your Nonprofit Receives Employee Wage Garnishment Papers

Should Your Nonprofit Use Offer Letters or Employment Agreements in Hiring?

What is the difference between an offer letter and an employment agreement? This is a common question that employers have when deciding how to document the employment of a new hire. Read this article by Nell Schiller with King & Spalding to learn the differences between these two types of agreements and why offer letters …

Read MoreShould Your Nonprofit Use Offer Letters or Employment Agreements in Hiring?

A New Mandatory EEOC Poster for the Hybrid Work Era

The Equal Employment Opportunity Commission (EEOC) has announced the replacement of the “EEO is the Law” poster with a new poster entitled “Know Your Rights.”  All private employers with 15 or more employees and all federal contractors are required to display this poster.  Read this article about what the new poster provides and how employers, whether in person, remote …

Read MoreA New Mandatory EEOC Poster for the Hybrid Work Era

Short and Suite: Renting Out Space for Special Events or Occasional Use

Is your nonprofit considering renting out its space for occasional events? For example, you have a great garden that could be rented out for special events or a gym that another nonprofit wants to use for after-school programming. Occasionally renting out your space can be an opportunity to collaborate with the community and raise funds …

Read MoreShort and Suite: Renting Out Space for Special Events or Occasional Use

When Does a Georgia Nonprofit Owe Personal Property Tax?

Despite being exempt from federal income tax in most cases, 501(c)(3) organizations still have to pay many taxes.  For example, tax-exempt nonprofits may find themselves paying personal property taxes in Georgia on items like machinery and computers under certain circumstances. This article by Becky Gula and Vianca Orina with DLA Piper discusses how personal property is taxed …

Read MoreWhen Does a Georgia Nonprofit Owe Personal Property Tax?

Pause Before You Post: Nonprofits and Social Media Legal Considerations

Volunteers and employees engage nonprofits via social media in multiple ways. Volunteers may take pictures of themselves at an organization event and post them on their social. Or a board member may mention their affiliation with a (C)(3) in their profile, while making posts that should not be associated with the nonprofit. And finally, each …

Read MorePause Before You Post: Nonprofits and Social Media Legal Considerations

How to Navigate Technology and Clickwrap Agreements

Does your nonprofit review the “Terms and Conditions” before signing up for a new technology service or to license software? It may seem like you have no options but to hit “I Agree”. In this webcast, Josh Ganz and Maha Khalaj with Kilpatrick Townsend, will help your nonprofit understand your options and what to look …

Read MoreHow to Navigate Technology and Clickwrap Agreements

Top 10 Questions Nonprofit Board Members Should Ask – Part II

Part II of a two-part series (LINK to Part I) As a board member, it is not enough for you to just sit back and listen. Under state law, nonprofit board members have a duty of care that requires them to ask questions and be knowledgeable about the activities of the organization. You also have …

Read MoreTop 10 Questions Nonprofit Board Members Should Ask – Part II

Beware of Schemes to Split Real Estate Commissions or Earn Referral Fees

A local business approaches your nonprofit with a simple plan – for every customer your nonprofit sends its way, it will donate either a percentage of its profits or give you a flat referral fee. It seems like a win-win situation. Your nonprofit gets funding to support its mission, and the business gets a new …

Read MoreBeware of Schemes to Split Real Estate Commissions or Earn Referral Fees

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

Board Special Committees: How and Why Your Nonprofit Could Use Them

Nonprofit boards have a lot of responsibility and a lot of work to do.  Board committees can help nonprofit boards work more efficiently and govern more effectively. In this article, Phil Thompson, partner at Moore Ingram Johnson & Steele, outlines how  special committees can be a means by which directors can efficiently and effectively fulfill their duties …

Read MoreBoard Special Committees: How and Why Your Nonprofit Could Use Them

Why Your Nonprofit Should Have a Drug & Alcohol Policy

How does your organization handle drugs and alcohol in the workplace? Do you follow a consistent policy or will you just figure it out when it comes up?   Drugs or alcohol in the work place can create safety hazards and lead to poor job performance.  It can also reduce inhibitions to the point employees engage …

Read MoreWhy Your Nonprofit Should Have a Drug & Alcohol Policy

What Nonprofits Should Know about Managing Cybersecurity Risk

A cyber-attack at your nonprofit is not a question of IF, but a question of WHEN.  When it does happen, it could be small, or it could be devastating.  Most standard commercial general liability insurance policies do not cover liability for cybersecurity issues.  From strong internal controls to cybersecurity insurance, this article outlines the many options your organization …

Read MoreWhat Nonprofits Should Know about Managing Cybersecurity Risk

How to be a Conscientious Board Chair

Directors have legal duties to their nonprofit, and the board chair is in a unique position to oversee these duties.  A chair can lead the board not just to govern, but to set the organization up for long-term success.  In this episode of the PBPA Podcast, Marianna Faircloth with The Home Depot will outline best …

Read MoreHow to be a Conscientious Board Chair

Managing the Risks of Overseas Volunteer Trips

After two-years of staying grounded during the pandemic, you’ve organized a trip abroad and recruited a group of volunteers who are ready to fly out.  But when traveling abroad, there are situations in which safety and security issues may outweigh the advantages of international experiences. What happens if something goes wrong? What happens if one …

Read MoreManaging the Risks of Overseas Volunteer Trips
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