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 papers, tips for the conversation with the garnished employee and guidance to make those garnishments papers less daunting.
Paying 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 employees, either regularly or just occasionally, then you definitely need to listen to this episode with important information about the use of comp time by nonprofits in Georgia.
Episode 10 Transcript – Is Comp Time a Legal Practice in Georgia
Episode 10 Transcript - Is Comp Time a Legal Practice in GeorgiaWebcast: Working Overtime: Who Is Eligible for Pay, Who Will Be Soon and How Do We Stay In Compliance?
Description:Many nonprofit employees who are not eligible for overtime pay will become eligible on January 1, 2020 when new regulations under the Fair Labor Standards Act go into effect. This webcast will provide important information to help nonprofits prepare for the new overtime regulations, including an overview of wage and hour law requirements and practical information about complying with the impending changes to the law.
Presenter: Valerie Barney, Deputy General Counsel, Litigation and Employment, Mohawk Industries, Inc.
New Overtime Rule Increases Salary Threshold Effective January 1, 2020
Many employees who are not eligible for overtime pay, including employees of nonprofit organizations, will become eligible on January 1, 2020 because of a new final overtime rule issued by the Department of Labor on September 24, 2019. The salary threshold for overtime eligibility will increase from $455 per week to $684 per week. Nonprofit employers should start planning now to address the obligation to pay overtime to employees who are not eligible for overtime under the current rules as these new rules may lead to significant additional costs.
Article- Amended Overtime Regulations 9-19Large Employers Take Note: Controversial Pay Data Portion of EEO-1 Report Reinstated
If your nonprofit organization has 100 or more employees, or if it is a federal government prime contractor or first-tier subcontractor with 50 or more employees and a prime contract or a first-tier subcontract amounting to $50,000 or more, the organization is required to file an EEO-1 report with the Equal Employment Opportunity Commission (EEOC). This article provides important information about upcoming new requirements for your EEO-1 report filing, including the reporting of pay data.
Controversial Pay Data Portion of EEO-1 Report Reinstated
Article: Large Employers Take Note: Controversial Pay Data Portion of EEO-1 Report ReinstatedTax Implications for Executive Compensation in Nonprofit Organizations
Attracting and retaining the right talent to provide leadership can have a significant impact on how dynamically a nonprofit organization is able to meet the needs of its community. While there are many methods for providing benefits to executives, one primary focus for attracting talent is designing attractive compensation packages. However, compensation for employees of nonprofit organizations, and in particular executives, is subject to special restrictions under the Internal Revenue Code (the “Code”). This article will provide guidance for organizations to help navigate some of these restrictions.
Topics covered in this article include:
(1) What is reasonable compensation?
(2) What is a private inurement?
(3) How does the new tax bill affect compensation for nonprofit executives?
(4) Guidance for structuring an incentive compensation policy.
Executive and Deferred Compensation for Your Nonprofit Leaders
Setting compensation requires considerations under both employment and tax laws. Before getting too creative, please join this webcast so that we may share some legal considerations in situations such as:
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- – Your long-term ED is about to retire, and received a nominal salary during her early years with your nonprofit.
- – You’re about to hire a new ED, what factors should you use in determining what the salary will be?
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- – Could you greatly increase her salary in her final year, to recognize her contribution to the organization and to try to balance out those early years?
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– Can you keep employees on your company health insurance policy after their retirement?
Presenter: Leah Singleton, Thompson Hine LLP
Click here to view the webcast.
Compensation Strategies and Best Practices for NonprofitsWebcast: Taking Care of FLSA Business & Working Overtime: Avoiding Wage & Hour Pitfalls for Nonprofits
Just like other employers, the FLSA’s overtime and wage payment requirements often trip up nonprofits. For instance, do you think you don’t have to pay overtime because your employees are salaried? You may need to think again.
During this webinar, our speaker helps nonprofits understand:
– Who qualifies for an exemption from the FLSA’s overtime requirements;
– Lunches? Travel? Coffee Breaks… What counts as hours worked;
– How to calculate overtime if it must be paid; and
– How to protect your organization from wage and hour liability.
Click here to view the webcast.
Presenter: Corey Goerdt, Fisher and Phillips
Slides- FLSA Pitfalls for Non-ProfitsWebcast: How to Respond to Garnishments
Nonprofits can have an obligation to respond to garnishment actions related to the wages they pay employees. These obligations can vary by county in Georgia, and failing to respond can lead to the organization incurring expense and potentially being responsible for the debts of an employee.
During this webinar, our speaker helps nonprofits understand:
· What is garnishment?
· What happens when my employee’s wages are subject to garnishment?
· What do I have to do when my nonprofit receives garnishment paperwork?
· What can happen if I fail to respond to garnishment paperwork?
· What can I do to fix a problem caused by not responding to a garnishment?
Click here to view the webcast.
Slides- GarnishmentsNonprofit Staffing Strategies for New Overtime Regulations
On June 30, 2015, the United States Department of Labor proposed raising the minimum salary required for the “white collar” overtime exemptions (executive, administrative, and professional) from $455 per week ($23,600 per year) to $921 per week ($47,892 per year), with automatic annual upward adjustments. These regulations are likely to be adopted in the next few months. If these regulations take effect, many employees who are currently classified as salaried exempt will no longer pass the salary test. This change will affect millions of employees who earn more than $23,600 but less than $47,892 per year. The new regulations will significantly impact the nonprofit world, where salaries in the $25,000-$45,000 range are common. Nonprofits should start planning now to meet the upcoming budgetary challenges. A new article on our website helps guide nonprofits through these changes.
Article: Nonprofit Staffing Strategies for New Overtime RegulationsWebcast: Avoiding Payroll Pitfalls: What Every Nonprofit Needs to Know about Payroll Taxes
Payroll tax mistakes can result in IRS audits and costly penalties for your nonprofit. The IRS is paying more and more attention to payroll tax compliance by employers, including nonprofits. To make matters worse, nonprofit managers and directors can be held personally liable for unpaid payroll taxes and penalties. Learn the basics of payroll taxes and how you can avoid costly mistakes in this webcast.
Presenter: Rachel Spears, Pro Bono Partnership of Atlanta
Webcast: Garnishment in Georgia
Has your nonprofit ever received a garnishment order? Do you know what to do if you get one? Any employer could potentially receive a garnishment order. Wage garnishment generally occurs when an employer is required by a court to withhold the earnings of an employee for the payment of the employee’s debt (such as taxes or child support). If a nonprofit receives a garnishment order and fails to follow correct procedures, it might have to pay back all of the money owed by the employee. Garnishment can also be a tool for nonprofits who are seeking to recover damages from a lawsuit.
This 30-minute presentation explores the following:
• how to manage both sides of a garnishment;
• how to respond to a garnishment order; and
• how to seek garnishment payments.
The Nuts and Bolts of Paying Employees
When does my organization have to pay employees overtime? Must they be paid when they are “on call”? What is the minimum wage? This article provides some general information on the requirements for paying employees in the state of Georgia.
Nuts and Bolts of Paying Employees
Nuts and Bolts of Paying Employees in GeorgiaWage and Hour Law for the Nonprofit
Questions about minimum wage and overtime can be real puzzlers for any business. Getting it wrong can mean a lawsuit or a Department of Labor audit. Avoid problems with the good information here.
Article: Wage & Hour Law RundownExecutive Compensation Alert
Because you are a nonprofit the Internal Revenue Code puts limits on how much you pay your executives. Learn more here to avoid stepping over that line.
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.
Article: Executive CompensationCompensating Insiders – How to Avoid Excess Benefit Transactions and Comply with IRS Rules
The IRS prohibits every 501(c)(3) nonprofit from paying its officers, directors and other insiders too much for any goods or services they provide to the organization. Nonprofits that do not follow these rules, and any officer or director who approved an excess payment, may be subject to taxes, fines and other penalties. This article will help your nonprofit determine whether a payment is within acceptable practices or whether it would result in an excess payment.
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.
Webcast: Employment Law 102: Employees & the Fair Labor Standards Act
Once nonprofits have figured out how to categorize workers, the next step is to understand the rules surrounding employees specifically. The Fair Labor Standards Act determines how and when employees are to be paid, what amount employees are to be paid and a host of other issues. During this one hour webcast, our speaker:
- Explains many of the basic requirements of the FLSA,
- Discusses pitfalls that nonprofits often face, and,
- Identifies common solutions that help nonprofits avoid violating FLSA
Presenter: Weyman Johnson, Partner, Paul Hastings
Click here to view the webcast.
Slides: Employment Law 102