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

Legal Considerations For Summer Camp

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

Employment Laws and Best Practices for Small Georgia Nonprofits

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.

Non-Disclosure Agreements (NDAs) for Nonprofits

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.

Leave Policies in the Nonprofit Workplace

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.

Protecting Your Nonprofit from Scams, Fraud & Imposters

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.

Why Your Nonprofit Should Have a Drug & Alcohol Policy

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.

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

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.

The Fair Use Defense for Nonprofits

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.

Recognizing Value: Paying and Receiving Honorariums

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.

Legal Insights & Expert Strategies for Effective Workplace Violence Prevention

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.

What To Do If Your Nonprofit’s 501(c)(3) Status Is Revoked

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.

Mobile Money: The Nonprofit's Legal Guide to Fundraising with Payment Apps

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. RSSVERIFY

Charitable Solicitation:  Who Should Register and How

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.

Exploring Options for Student Loan Repayment Benefits for a Thriving Nonprofit Workforce

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.

Crisis Preparation and Management for Nonprofits

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.

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

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.

Overtime Rules Are Changing Significantly - Is Your Nonprofit Ready?

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.

Changing Your Nonprofit’s Name: Legal Steps and Practical Tips

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.

Video Cameras At Nonprofit Facilities

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.

Key Issues in Payroll Compliance

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.

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

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.

Should Your Nonprofit Be Using AI?

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.

Fundraising Compliance: A Conversation about Raffles, Door Prizes and BINGO

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.

Race-Conscious Grantmaking & Programming: Navigating the Legal Landscape After Fearless Fund

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.


Board Management of Executive Director Series: Part I - Oversight

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.

Board Management of Executive Director Series: Part II – Resignation and Transition

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.

Board Management of Executive Director Series:  Part III – Conflict and Termination

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.

Strategic Conversations To Help Nonprofit Boards Understand and Navigate Major Government Changes

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.

Responding to Unemployment Claims

Do you have to let an employee go?  Even the best managers eventually find themselves in this position, and preparation is key.  Join us in a conversation with Lori Shapiro, PBPA’s Employment Counsel, as she walks us through an employee termination meeting.

So You Need To Let An Employee Go

Many nonprofits are faced with new challenges in this COVID era.  Some nonprofits have pivoted to expand programming to assist existing clients during COVID-19.  And some nonprofits have expanded their scope to address the heightened awareness around social injustices.  In this episode of the PBPA podcast, nonprofit consultant Dolph Goldenburg and PBPA Senior Tax and Corporate Counsel Robyn Miller share legal and logistical insight on how to expand your nonprofit’s mission, while avoiding mission creep.

Pro Bono Partnership of Atlanta

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