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Risk Management

Updates for Organizations with DEI Questions

In this two-part update on DEI practices, we first examine the recent federal requirement for recipients of federal funding to certify compliance with executive orders and anti-discrimination laws. This legal alert from our friends at Lawyers Alliance, discusses the current litigation surrounding these certification mandates and offers practical steps for nonprofits to mitigate organizational risk when considering whether …

Read MoreUpdates for Organizations with DEI Questions

Race-Conscious Grantmaking & Programming: Navigating the Legal Landscape

Last year, the Supreme Court in a landmark decision ruled that most American colleges and universities are prohibited from considering race in student admissions. This summer, an appellate court provided another important decision related to race-conscious offerings in the Fearless Fund case, and this one directly impacts Georgia nonprofits.  How might race-based grant-making change going …

Read MoreRace-Conscious Grantmaking & Programming: Navigating the Legal Landscape

What the Fearless Fund Settlement Means for Race-Based Grant Making

The Fearless Fund, an organization that supports black-women entrepreneurs, recently settled a discrimination lawsuit over one of their programs. While the settlement allows Fearless Fund to continue its mission, it underscores the importance of nonprofits carefully navigating the legal landscape of race-based grant making. This article by attorneys at Moore & Van Allen provides a …

Read MoreWhat the Fearless Fund Settlement Means for Race-Based Grant Making

Slip and Fall Incidents in Nonprofit Facilities: Best Practices and Response Strategies

A slip and fall accident may seem like a minor concern or something that could never happen at your facility. Legal claims associated with slip and falls, generally called “premises liability”, may be more common than you realize and can lead to serious injuries, costly legal battles, and significant disruptions to your organization’s mission. In …

Read MoreSlip and Fall Incidents in Nonprofit Facilities: Best Practices and Response Strategies

Summer Camp or School-Year Youth Programming: Ten Risk Management Considerations for Nonprofits

Nonprofits provide valuable and often essential programs to support youth in their communities. While providing such services, nonprofits must maintain practices and procedures to prevent abuse and mistreatment of children. This article from Venable outlines ten important compliance strategies for nonprofits to consider for their youth programming.

Read MoreSummer Camp or School-Year Youth Programming: Ten Risk Management Considerations for Nonprofits

Staying True to Your Nonprofit Mission: Navigating Reverse Discrimination and Anti-DEI Challenges

Since PBPA’s last podcast episode regarding DEI (diversity, equity & inclusion) initiatives, there have been numerous lawsuits against nonprofits not only related to DEI employment initiatives, but also nonprofit grant-making and programming. From the Supreme Court to the circuit court right here in Atlanta, nonprofits are at the heart of many of these lawsuits. Join …

Read MoreStaying True to Your Nonprofit Mission: Navigating Reverse Discrimination and Anti-DEI Challenges

Steer Clear of Stipends: Why Nonprofits Should Consider Alternate Ways to Show Appreciation

Nonprofit entities frequently depend on the support of interns or volunteers to fulfill their mission. In acknowledgment of their valuable contributions, certain nonprofits may contemplate offering stipends to these volunteers or interns. While the intention behind this gesture is commendable, it introduces potential risks for your organization. This article aims to shed light on the …

Read MoreSteer Clear of Stipends: Why Nonprofits Should Consider Alternate Ways to Show Appreciation

Webcast: Setting Up Your Housing Participants for Success: Best Practices to Avoid Eviction

Nonprofit organizations that offer housing assistance are committed to providing stable and supportive living environments for their participants. However, there are occasions when a nonprofit must make challenging decisions regarding non-compliant participants. In this webinar, our speakers will offer insights and solutions for nonprofits to navigate such situations, protect themselves from liability, and continue to …

Read MoreWebcast: Setting Up Your Housing Participants for Success: Best Practices to Avoid Eviction

Crisis Management For Nonprofits

The old saying goes “All publicity is good publicity”.  But we beg to differ.  Nonprofit organizations rely on their goodwill to raise funds and continue to do the good work that they do in the community.  Bad publicity from a crisis has the potential to destroy such goodwill.   Understanding how to anticipate, respond, and …

Read MoreCrisis Management For Nonprofits

Webcast: Going Global-Legal Issues for Nonprofits Operating Internationally

Running a nonprofit in the US is difficult enough, but expanding your charitable activity to a foreign county adds a new level of complexity.  Join us as our speaker helps navigate the entrance to the international nonprofit landscape as she reviews: Business compliance considerations Legal options to get work done abroad, including working with local …

Read MoreWebcast: Going Global-Legal Issues for Nonprofits Operating Internationally

Do Volunteers Really Need to Sign a Waiver?

Your volunteers work hard to fulfill your organization’s mission and serve the community. But with many activities, there can be risks involved. Nonprofits should consider requiring volunteers to sign valid waivers of liability to protect the organization and to continue providing a structured opportunity for volunteers to serve the community. Prepare your organization and volunteers …

Read MoreDo Volunteers Really Need to Sign a Waiver?

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

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

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

Guiding the Guides: Working with Volunteer Mentors

To realize the full potential of youth mentoring programs, it is critical for a nonprofit to have appropriate safeguards in place to protect the nonprofit, its volunteer mentors and its youth mentees. In the webinar, our speaker will review legal considerations for nonprofits that have volunteers who mentor youth, including: Speaker: Kristine Berry Morain, EVP, …

Read MoreGuiding the Guides: Working with Volunteer Mentors

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

Protecting Your Nonprofit from Scams, Fraud & Imposters

Nonprofits of all types are susceptible to fraud, especially those with limited resources or lacking internal controls. It could come as an imposter creating a copycat webpage and taking donations intended for your 501(c)(3), or an email phishing scam to an unsuspecting employee. Is your nonprofit taking the appropriate steps to protect itself from potential fraud? …

Read MoreProtecting Your Nonprofit from Scams, Fraud & Imposters

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

Handling Problem Volunteers:  Tips to Minimize the Risks of a Difficult Do-gooder

Nonprofits rely on volunteers to help them fulfill their missions everyday. Some nonprofits rely on a volunteer base more heavily than others, but all nonprofits eventually encounter a difficult volunteer. In this episode of the PBPA Podcast, Elizabeth Newton will speak to us about how to effectively and legally deal with challenging volunteers.   Pro Bono Partnership …

Read MoreHandling Problem Volunteers:  Tips to Minimize the Risks of a Difficult Do-gooder

Webcast: No Good Deed Goes Unpunished: Risk Management of Nonprofits

Every day, nonprofits face risk in virtually every aspect of their operations. Since risk cannot be eliminated because life itself involves risk, the goal must be to manage risk. As the word “manage” implies, when a nonprofit attempts to reduce or control, i.e., manage its risk, it takes time, effort and money, all of which …

Read MoreWebcast: No Good Deed Goes Unpunished: Risk Management of Nonprofits

Child Labor Laws and Youth Volunteers: What To Know about Having Minors Work or Volunteer at Your Nonprofit

The hours of work and types of jobs that children and adolescents may perform are regulated at both the state and federal levels by a variety of agencies. Whether your nonprofit works with children or has youth serve as volunteers, there are some clear and not-so-clear laws around children providing services. In this webcast, our …

Read MoreChild Labor Laws and Youth Volunteers: What To Know about Having Minors Work or Volunteer at Your Nonprofit

What Should You Consider When an Employee Resigns?

Dealing with an employee resignation depends on the unique facts of each situation. When an employee voluntarily resigns from their employment, what should a nonprofit employer do? Employers should consider what steps need to be taken to help protect the organization’s interests and to facilitate a smooth transition. This article includes tips for handling an …

Read MoreWhat Should You Consider When an Employee Resigns?

Understanding Georgia’s Unemployment Insurance Options for Nonprofits

This past year has seen record levels of unemployment insurance claims filed in Georgia. Unemployment insurance is temporary income for workers who are unemployed through no fault of their own. In Georgia, employers typically bear the cost of those benefits by paying a pro rata share of each employees’ wages into the Georgia Department of …

Read MoreUnderstanding Georgia’s Unemployment Insurance Options for Nonprofits
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