PBPA Podcast

The term “furlough” often pops up in the news during times of economic uncertainty—but what does it actually mean, and how does it differ from a layoff? In this episode of the PBPA Podcast, we explore the key distinctions between furloughs and layoffs to help nonprofit organizations understand these temporary downsizing possibilities. Emily Borna with Jackon Lewis joins us to break down the nuances of each option, including potential legal risks and compliance considerations that employers should keep in mind.

As a nonprofit, understanding how to respond to an unemployment claim is crucial not only to protect your organization's finances but also to ensure you are in compliance with Georgia law. In this episode of the PBPA Podcast, Wayne Cartwright with Hall, Gilligan, Roberts & Shanlever walks you through the steps to take when you receive an unemployment claim, how to assess the special factors at play for nonprofits, and what to consider if you're thinking about challenging a claim. Whether you're new to this process or looking to brush up on best practices, this episode is designed to equip you with the knowledge you need to respond to unemployment claims.

With the constant stream of news coming out of Washington, it can feel overwhelming to keep up with all the changes. From major universities to small community-based organizations, nonprofits are also impacted by these new federal government initiatives. In this episode of the PBPA Podcast, Rachel Spears and Eadaoin Walsh get board members up to speed on how federal initiatives are affecting small nonprofits and provide guidance to help board members engage in deliberate conversations. Strategic board discussions now can empower your organization to navigate these uncertain times, ensuring it remains resilient, adaptable, and impactful—no matter what the future holds.

One of the greatest challenges a nonprofit board of directors can face is managing conflict with and potentially terminating an executive director. While no board wants to find itself in this situation, it's crucial to be prepared. In this episode of the PBPA podcast, Alex Drummond with Seyfarth Shaw and Lori Shapiro with Pro Bono Partnership of Atlanta discuss how boards can navigate conflicts with their executive director and what steps to take if termination becomes necessary. We'll cover key tips and legal considerations to ensure fairness to the executive director, maintain oversight of the nonprofit, and prepare the board members themselves.

One of the most important tasks a nonprofit board might encounter is managing the transition to a new executive director. With great succession planning, plenty of lead time and lots of luck, an executive director transition might be completely smooth and uneventful. But more often than not, boards don't have adequate time to plan or prepare. In this episode of the PBPA Podcast, John Fleming with Eversheds Sutherland will speak with us about what to do when your ED announces they are stepping down. Whether your founding executive director is retiring or your latest executive director is moving to a different organization, we will discuss important tips and considerations to help board members navigate this crucial time for the organization.

Effective Oversight to Foster Collaboration & Prevent Overreach As the linchpin of a nonprofit, the executive director is tasked with translating the organization's mission into action and managing day-to-day operations. But what role does the board of directors play in ensuring accountability while maintaining a collaborative partnership? And how can board members navigate the fine line between oversight and overreach? In this episode of the PBPA Podcast, Alan Rosselot with Delta Air Lines and Justine Cowan with PBPA discuss how the fiduciary duties of board members apply when overseeing the executive director.

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 forward? Join us in this episode of the PBPA Podcast as Marquetta Bryan with Nelson Mullins provides a deep dive into the Fearless Fund case, its impact on the future of equity grants in Georgia, and the legal outlook for race-conscious programming.

Many nonprofits use games, such as raffles or BINGO, as a fun, buzzworthy way to raise funds for the organization. In Georgia, we have some very clear laws that govern fundraising activities, such as raffles, door prizes and BINGO. In this episode of the PBPA Podcast, Thomas Federico with the Pro Bono Partnership of Atlanta will chat with us about what these rules are, why they exist, and some important considerations to help your nonprofit determine how to navigate raffle regulations.

Ready or not, artificial intelligence (“AI”) is here to stay. Let's make sure your nonprofit is ready! Join us in the latest episode of the PBPA Podcast, where we talk about how nonprofits can effectively use AI while evaluating important privacy, security and ethical considerations. Hear what Jessica McKinney with Smurfit Westrock has to say about nonprofits using AI to further their missions, including employee training and use of AI, how to sort out bias in AI and the use of AI meeting notes.

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 this episode of the PBPA Podcast, Kendra Talley and Holly Hempel with Nelson Mullins will talk about strategies to mitigate slip and fall risks at your nonprofit facility. So, whether you're a nonprofit leader, a facilities manager, or a concerned volunteer, tune in for guidance on what to do before and after a slip and fall incident to minimize risk to your volunteers, participants and nonprofit organization.

Whether your nonprofit is ready to hire its first employee or is looking for a new payroll service, nonprofit leaders should be aware of both general and nonprofit payroll compliance considerations. In this episode of the PBPA Podcast, Kadale Lubin will talk to us about legal requirements to efficiently manage payroll. This foundational understanding of payroll compliance is a primer for new nonprofits and a reminder of best practices for seasoned employers.

For nonprofits that use security or other video cameras onsite, have you considered your obligations to safeguard the privacy of individuals captured on camera and ensure the proper management of these recordings? In this episode of the PBPA Podcast, Sara Guercio with Alston & Bird explores legal requirements and practical tips to help your nonprofit navigate this complex landscape. Tune in to learn how to balance security and privacy effectively while maintaining compliance and trust.

While it's not common, some organizations find it necessary to change their name. And in order to make a change, an organization must to navigate a myriad of issues, stakeholder considerations and legal steps. Before you embark on this journey, take a listen to this episode of the PBPA Podcast to learn about what you can expect. Hear about options for changing your nonprofit's name, the pros and cons of each one, and the steps involved during our conversation with Nick Going of Honeywell Corporation.

The US Department of Labor has announced significant changes to the rules on overtime. One of the key changes is an increase in the salary threshold, which is one of the factors determining whether employees are eligible for overtime pay. The increase in the minimum salary level is substantial, and will likely result in many more employees, and even some executive directors, becoming eligible for overtime pay. In this episode of the PBPA Podcast, Max Bernas with Ford Harrison will answer our questions about the new overtime eligibility rules and share guidance for nonprofits to ensure timely compliance.

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 us in this episode of the PBPA Podcast, as Terri Stewart with Fisher Phillips and Abby Larimer with Mohawk Industries answer our questions about the current state of the legal landscape and considerations for your nonprofit's DEI initiatives or race-based programming.

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 recover from crises can be a critical skill for any nonprofit leader. Join me in this episode of the PBPA Podcast as Chuck Toney of C. Toney Communications shares real-life case studies and provides practical insight into developing effective crisis preparation and management strategies.

Changes in federal student loan forgiveness were a major topic throughout 2023 and into 2024. As employees grapple with repayment, your nonprofit could assist them with loan reimbursement through what is called an Employee Assistance Program. Join us as Rob Daily with Kilpatrick Townsend explores how nonprofits can assist their employees with student loans, both in the short-term with EAPs and the long-term through other benefits.

Charitable solicitation refers to the act of requesting donations or contributions for charitable causes and endeavors. As a 501(c)(3), you probably engage in charitable solicitation almost daily. In most jurisdictions, it is a legal requirement to register with the state before soliciting donations. But registering for charitable solicitation can get confusing, especially if you have donors in multiple states. In this episode for the PBPA Podcast, Justine Cowan, Senior Corporate Counsel with PBPA, will help guide us through the ins and outs of charitable solicitation. Join us as she walks us through the how, where and why of charitable solicitation compliance.

A nonprofit's website is often the first impression donors, participants and the community may get of the organization. So you want to make sure it is informative and engaging, and makes a positive impression. But in this era of copy-paste culture and easy sharing, how can you protect your nonprofit's website's content and design code from unauthorized use? That's where copyright law comes into play. Copyrighting a website is a crucial step to safeguard your intellectual property, but it can be a complex and often misunderstood process. In this episode of the PBPA Podcast, Mike Hobbs with Troutman Pepper will unravel the intricacies of website copyright and will guide you through the essential steps to protect your nonprofit's website.

In an era where technology has become an integral part of our daily lives, digital fundraising offers a dynamic and efficient approach for nonprofit organizations. Payment platforms like PayPal, Venmo and CashApp have transformed the way people give, receive, and interact with money. Nonprofits that integrate these platforms into their fundraising may wonder about the legal implications. Join us in this episode of the PBPA Podcast as William Stone with Morris Manning and Martin provides practical tips and compliance insight for nonprofits fundraising via payment platforms.

Picture this: your nonprofit has been diligently working towards its mission, making a positive impact in your community, and enjoying the benefits of tax exempt status under Section 501(c)(3) of the Internal Revenue Code. But one day you receive a letter from the IRS telling you that your organization's 501(c)(3) status has been revoked. What do you do next? Join us. In this episode of the PBPA Podcast, Robyn Miller will guide us through the steps a nonprofit needs to take if it's tax exempt status is revoked.

Have you been getting offers to help your nonprofit apply for an employee retention credit? Or have you heard about other organizations bringing in thousands of dollars in tax credits under this program? During this episode of the PBPA Podcast, William Stone and Barclay Taylor with Morris Manning and Martin will help us break down eligibility requirements and the application process for the employee retention credit. They'll also address the unfortunate reality of scams surrounding this government program.

Ranging from physical altercations to verbal harassment, workplace violence can disrupt the harmony of a nonprofit's workplace, impacting productivity, morale, and most importantly, the safety of employees or clients. In this episode of the PBPA Podcast, we'll delve into the legal framework surrounding workplace violence prevention as our guest, Adam Young with Seyfarth Shaw, answers questions about risk assessment, policy development, and employee training.

One of your employees has just provided their 2 weeks' notice. After what might be an initial shock (or relief), what do you do? In this episode of the PBPA Podcast, Rayne Towns with Nokia and Cary Burke with Seyfarth Shaw review legal considerations in offboarding nonprofit employees. From non-solicitation agreements to securing your organization's assets, join this conversation with employment attorneys as they share tips to guide a smooth and compliant offboarding process.

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 honorarium serves as recognition to an individual for their time, expertise, and contributions, it is important to be aware of the legal and tax implications that come with making or receiving honorarium payments.

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.

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 guidelines for working with virtual assistants in the US or abroad.

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 episode of the PBPA Podcast, Jennifer Sandlin with Eversheds Sutherland will answer those questions and more as we review the fair use defense for nonprofits.

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 Andrew Kurth will walk us through the tax considerations of gifts to employees. He will share tips and guidance to help your nonprofit and its employees avoid a tax spoiler.

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.

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 for your organization, but there are some important questions to ask before handing over the keys. Join James Reed with Morris Manning & Martin in this episode of the PBPA Podcast as he reviews those questions and more for nonprofits looking to rent out their space for one-time or limited use.

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 organization has their own social media accounts to manage. So many ways to engage and so many legal considerations. Shelley Hildebrand will break down those considerations and will share some helpful guidance about nonprofits and social media use in this episode of the PBPA Podcast.

501(c)(3)s have rules and restrictions around political activity, lobbying and advocacy. With that in mind, how can a nonprofit get involved in next month's election or be more active in the future? In this episode of the PBPA Podcast, Robyn Miller, Senior Corporate & Tax Counsel with PBPA, speaks with us about the difference between political activity, lobbying and civic engagement. Join us as she answers our questions about how 501(c)(3)s can participate in “Get-Out-the-Vote” initiatives.

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 in office behavior that they'd normally avoid. In this episode of the PBPA Podcast, Jennifer Sandberg will share why every nonprofit should have a drug and alcohol policy, drug testing considerations, and other insights on how small organizations can legally address these big concerns.

Nonprofits of all types are susceptible to fraud, especially those with limited resources and internal controls. It could come as an imposter creating a webpage that looks like your organization, 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.

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 practices and simple reminders for board chairs to lead a solid and legally compliant board.

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.

It is a tight labor market these days! What is an employer supposed to do when tight labor markets leads to high employee turnover? Be prepared! In this episode of the PBPA Podcast, Christian Turner, Senior Counsel at Chick-Fil-A, and Justine Cowan, Corporate Counsel with PBPA, provide insight on how to anticipate and better prepare for both the legal and practical implications of employee, board & volunteer turnover. Join us as we discuss how policies and planning today can put your organization, and your workforce, in a better position for future turnover.

Whether a nonprofit's name is based on its mission, location, founder, or something completely unrelated, it is the keystone of the organization's branding. If you're deciding on a name for your organization or a new program, or even if you are growing your brand, take a listen to this episode of the PBPA Podcast. In this episode, Creighton Frommer, Chief Counsel at RELX, guides us through legal considerations in selecting and protecting a nonprofit's name.

An employee leave policy can help recruit new talent and allows staff to understand what leave benefits are available to them. This may even be the most frequently referenced section of an employee handbook. In this episode of the PBPA Podcast, Bryan Stillwagon with Uniserv and Alyce Ogunsola with Ford Harrison talk to us about legal requirements and best practices for nonprofits to consider as they develop or review their employee leave policies.

Nonprofits continually seek new and creative methods to increase awareness about their mission and fundraise. Social media influencers are a real marketing force, and you may be trying to figure out if and how your nonprofit could work with an influencer. Take a listen to this episode of the PBPA Podcast, where Jim Dudukovich, Counsel at Bryan Cave, reviews the legal considerations for nonprofits working with social media influencers.

Whether your nonprofit has had Diversity, Equity & Inclusion (“DEI”) at its core since inception, or you are just now hearing about it for the first time, DEI programs should be evaluated both at conception and on an on-going basis. Otherwise, these good intentions may sometimes have unintended consequences. In this episode of the PBPA Podcast, Abby Larimer with the law firm Ford Harrison will speak to us about how to legally focus on diversity, equity and inclusion at your nonprofit.

Online auctions make it easy for nonprofits to connect with a wide audience in a convenient format. They have also skyrocketed in popularity during the pandemic as a safe option for nonprofits to continue their fundraising efforts. In this episode of the PBPA Podcast, Mary Benton with Alston & Bird talks to us about legal considerations around nonprofit fundraising through online auctions, including tips on auction website provider' terms & conditions, out-of-state bidders, and raffles held with online auctions.

Are you considering working with a third-party fundraiser, such as a grant writer or fundraising consultant? If working with an outside fundraiser is on your horizon, take a listen to this episode of the PBPA Podcast. When do you need to file a fundraiser's contract with the Secretary of State? Can you pay them by percentage? Justine Cowan, Corporate Counsel with PBPA, will answer those questions and more as she reviews legal and ethical considerations of working with outside fundraisers.

Earlier this month, President Biden announced a federal rule that some employers will be required to ensure their employees are vaccinated or undergo weekly testing. Could this apply to your nonprofit? If it does not, what can and should your nonprofit be doing regarding vaccinations among your workplace. In this episode of the PBPA Podcast, Chris Caiaccio and Katie Barton with the law firm Kilpatrick Townsend answer our questions about whether employers can have vaccine mandates, how to address employees asking for an exemption, and practical considerations for keeping track of who is vaccinated and who is not.

When it comes to using copyrighted content, nonprofits often rely on the exceptions of fair use or use for an educational purpose. Practically speaking, those exceptions are very limited. So when do you need to get a license? In this episode of the PBPA Podcast, Becki Lee will break down the complicated world of music licensing to help you understand when and from whom you need to secure a music license, as she answers our questions about fair use, performing rights organizations and more.

NDAs sound like the perfect option to protect all information anytime your nonprofit talks to a third party, so you should always sign one. Right? In this episode of the PBPA Podcast, Dan Hart from Seyfarth Shaw talks to us about how NDAs really work and when they may be beneficial for a nonprofit. He also shares insight on specific NDA terms and what to look out for before your nonprofit signs one of these restrictive agreements. Guest Speaker: Dan Hart, Partner at Seyfarth Shaw.

Does your nonprofit have less than 15 employees? Are you considering your very first hire? In this episode of the PBPA podcast, Josh Joel will talk to us about both employment laws and best practices for nonprofits with 1-14 employees. Join us as we talk about a range of topics including restrictive covenants, discrimination and benefits, and how they uniquely apply (and sometimes do not apply!) to small nonprofits. Guest: Josh Joel at Stanton Law

Whether you are hosting a summer camp for the first time or you have been doing it for years, join us in this episode of the PBPA Podcast as we talk to Monica Douglas and Jazmen Howard about legal considerations for nonprofits hosting summer camps. We will be talking about a range of topics including COVID considerations, volunteer background checks and licensing requirements. Guests: Monica Howard Douglas, General Counsel and Coca-Cola Company, and Jazmen Howard, Associate at Eversheds Southerland

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

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.