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 how to engage in that interactive process. Please note that while the article references both the ADA and California law, the guidance it provides is relevant to employers in Georgia who are subject to federal ADA requirements. You can find additional information about the ADA accommodation requirement in A Practical Guide to Disability Accommodation in the Nonprofit Workplace.
Risk Management
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 emotional support animals into their spaces. This article from the Bradley law firm provides guidance about when an organization is required to allow such animals and when it is not required.
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 generative artificial intelligence (AI), the legal issues they raise, and legal tips to guide your nonprofit’s use of this cutting-edge technology.
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 risk management strategies to help keep your precious cargo and nonprofit safe on the road.
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:
- On-site vs in-the-community programming;
- Volunteer Handbooks & background checks;
- Provisions to include in your general liability insurance policy;
- Driving with youth mentees.
Speaker: Kristine Berry Morain, EVP, General Counsel, Boys & Girls Clubs of America
Additional Resources:
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 has to minimize the impact of a cyber-attack.
Cyber-Insurance-for-NonprofitsProtecting 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? In this episode of the PBPA podcast, Noula Zaharis, Director of the Securities and Charities Division at the Georgia Secretary of State, and Anna Burns, Southeast Regional Director of the Federal Trade Commission, share real-life examples of fraud they have investigated and tips on how to avoid becoming a victim.
Links to Resources referenced in the episode:
Online Charitable Giving Portals | Federal Trade Commission (ftc.gov)
Start with Security: A Guide for Business | Federal Trade Commission (ftc.gov)
Raising Funds? What You Should Know About Hiring a Professional | Federal Trade Commission (ftc.gov)
Tips for Retailers: How to Review Charity Requests | Federal Trade Commission (ftc.gov)
Registering for Charitable Solicitation
To report a scam or fraud:
Georgia Secretary of State, Securities & Charities Division: https://sos.ga.gov/how-to-guide/how-report-charity-scam or call 470-312-2640 or email charities@sos.ga.gov
Federal Trade Commission: www.reportfraud.ftc.gov.
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 of your volunteers is seriously injured, or even killed? Who is held legally responsible? Don’t miss this informative webcast for a broad overview of evaluating, avoiding and managing the risks associated with international trips. Topics discussed will include:
- The importance and content of liability releases
- Evaluation of potential security and health risks
- Steps to take before the departure of your trip
- Best practices for medical treatment in the event of an emergency abroad.
Speaker: Suhail Seth, Polisinelli
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.
Episode-27-Managing-Difficult-Do-goodersWebcast: 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 can take away from the time, effort and money being spent on the mission of the nonprofit. During this one hour webinar, our speaker will discuss tools that will help nonprofits minimize the amount of time, effort and money consumed by risk management. Specifically, “risk shifting” will be covered in three areas:
- Contracts provisions and forms that shift risks and liability to another person or company;
- Insurance that shifts responsibility for the consequences of risks to an insurance company; and
- How contracts and insurance fit together.
Speaker: George Sewell
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 speakers share important guidance for nonprofits who have children help as employees or volunteers, including:
• At what age and for how many hours may children work in Georgia?
• Considerations for having minors serve as volunteers
• Regulatory limitations including state work permits and federal restrictions on certain activities
Speakers: Michelle Johnson, Partner at Nelson Mullins & Amy Cheng, Associate at Nelson Mullins
Slides - Child Labor - July 2021What 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 employee resignation.
Employee Resignation GuidanceUnderstanding 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 Labor’s Employment Security system. Learn how Georgia’s Employment Security law provides options for nonprofit employers that can lead to significantly reduced liability for unemployment claims. Our speaker addresses:
• Which employers are required to pay into Georgia’s unemployment tax system?
• Advantages of certain options available to nonprofits paying into the unemployment system?
• How to put up your best case when challenging claims for unemployment benefits.
Speaker: Tracie Maurer, Principal at Jackson Lewis
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Board Members and Personal Liability: Options for Nonprofits to Minimize their Risk
In this episode of the PBPA Podcast, Erin McGinnis answers our questions about shielding board members from personal liability for volunteer services, while also minimizing risk to the organization. Our guest will walk us through the many options available to Georgia nonprofits, including exculpation, indemnification, advancement of litigation expenses and directors & officers insurance.
Guest: Erin McGinnis, Partner at Nelson Mullins
Episode 14 – Minimizing Risk of Director Personal Liability Transcript
Episode 14 - Minimizing Risk of Director Personal Liability TranscriptRules of the Road: Managing the Risks of Volunteer Drivers
To perform their services, many nonprofits rely on volunteers to drive. The circumstances in which a volunteer will drive vary widely, from transporting supplies to taking senior citizens to doctors’ appointments. Regardless of the reason volunteers get behind the wheel, nonprofits should develop a plan to mitigate the risk of having a volunteer on the road on its behalf. This article outlines steps your nonprofit can take to minimize those risks, whether your volunteers drive their own car or your nonprofits’ car or whether they are driving themselves or driving with passengers.
Managing Risks with Volunteer DriversStrategies to Minimize and Manage Vendor Disputes
In this episode of the PBPA Podcast, Curtis Romig shares his strategies for minimizing and managing vendor disputes. For each step of the vendor relationship, our guest shares his practical tips to keep your potential disputes to a minimum and reduce the risk of litigation.
Episode 13 Transcript – Strategies to Minimize and Manage Vendor Disputes
Episode 13 Transcript - Strategies to Minimize and Manage Vendor DisputesTop 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 make changes for the new year and beyond to minimize these risks.
Top Legal Risks for Nonprofits2
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. But U.S.-based nonprofits risk losing their tax-exempt status if they accept donations on behalf of organizations based in other countries without meeting certain IRS requirements. This article outlines the three key factors the IRS uses to determine whether or not a U.S. §501(c)(3) can accept donations on behalf of organizations based outside the U.S.
Article - Conduit OrganizationsDo This One Thing To Take Advantage of Potential COVID Immunity
In the summer of 2020, Governor Brian Kemp signed the COVID-19 Pandemic Business Safety Act (the “Act”) to limit COVID-related liability for certain Georgia businesses. The Act can provide protection from COVID-19 related claims from non-employees, if explicit warning language is posted at your business.
NOTE: The protection has been extended through July 14, 2022 for businesses who maintain the proper entry signage. Read this article for more details about the original Act signed last summer and this article from Fisher Philips about the extension.
Nonprofits should clearly post the following language at all sites of entry: “Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering these premises.” The Act specifies the size and font of the warning (at least 1 inch Arial font placed apart from any other text). A template with the Act’s warning language is provided here. Once your organization prints out the warning language, measure the font with a ruler to confirm it is at least 1 inch when printed (you may need to modify your paper size or printer settings to ensure the minimum 1 inch font).
NEW GEORGIA LAW PROVIDES SOME PROTECTION FOR NONPROFITS AND HEALTH CARE PROVIDERS FROM COVID-RELATED LIABILITYUpdate – Gun Laws in Georgia: Can a Nonprofit Restrict Guns On Its Property?
Updated July 2023
Many nonprofits in Georgia, particularly those that work with vulnerable populations including children, the elderly, and victims of violence, do not permit weapons on their premises. Georgia laws passed in 2014 and 2023 significantly limited organization’s ability to restrict guns on their premises. These changes may affect nonprofits that currently have such restrictions, particularly those that are in government buildings or lease property from a city, county, or the State of Georgia. Read this article to learn more about when a nonprofit can restrict guns on its property.
So You Have a Service Animal: The Obligations of Nonprofits to Individuals with Service Animals
Confusion over service animals, which are specially trained to help people with disabilities, and emotional support animals, which are used to provide emotional support, but don’t necessarily require any specialized training, have become prevalent in our day and time. Under the Americans with Disabilities Act (ADA), State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. So if you run a nonprofit and you run afoul of this provision, you could find yourself in violation of ADA and/or the State or local law. In the State of Georgia, denial or interference is a misdemeanor of a high and aggravated nature punishable by a fine not to exceed $2,000.00, imprisonment for not more than 30 days, or both.
Article - Service AnimalsWebcast: Avoiding Fraud And Cyber Risk From Inside and Outside Your Nonprofit
You have heard the stories: “Unsuspecting employee gives company bank information to hacker, Company loses millions!” As you read this, you think cybercrime and embezzlement would never happen within your nonprofit. Or could it? In this webcast, John & Anush talk about fraud and your nonprofit, including concerns such as:
• How to detect potential fraud.
• What to do if you suspect there is fraudulent behavior by an employee.
• What to do if you receive a suspicious email.
• Oh no, we were duped! What to do after the fraud has occurred.
Webcast: Employment Practices Liability Insurance – What is it and does my nonprofit need this insurance policy?
In the climate of #MeToo, how do you protect your organization from the significant costs associated with claims of harassment, discrimination or retaliation made by employees or former employees? Even if you have your employee handbook and waivers all in tip-top shape, and are clearly not at fault, an employee or former employee can file a charge with the Equal Employment Opportunity Commission or sue your organization! This is when EPLI can help out. Learn more about employment practices liability insurance (EPLI), what it covers, and why you may want to get coverage.
Slides- Employment Practices Liability InsuranceCan My Nonprofit Be Sued Over Donated Food?
Food donations support many in need, but nonprofits must not overlook their legal risks and obligations in distributing donated items. Every day, food is wasted by restaurants, growers and stores. This is in part because potential donors fail to understand food donation policy or fear possible liability. Fortunately, a federal law known as the Bill Emerson Good Samaritan Act provides fairly broad protections to food donors and nonprofits distributing donated food. This article provides an overview of the Good Samaritan Act and some factors to consider for nonprofits engaged in or considering engaging in food donations.
Article- Food Donation Liability Protection