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.

Strategies to Minimize & Manage Vendor Disputes

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

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

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.

Playing & Performing Music - What Your Nonprofit Needs To Know About Music Licensing (1)

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

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.

How To Be A Conscientious Board Chair

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

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.

What to Do If Your Nonprofit Receives Employee Wage Garnishment Papers

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.

Employee Awards & Gifts: Guidance to Avoid a Tax Spoiler

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

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.

Offboarding Nonprofit Employees

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

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.

Navigating the ERC: A Guide to Eligibility, Application, and Scam 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

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.

Can I Copyright My Nonprofit’s Website?

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

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

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

Waivers: Why You Need Them Generally and Do They Need to Be Updated for COVID?
You sign them all the time, for your child’s field trip or when you rent some roller skates.  What does a waiver, or release of liability, really mean?  And what protection can it provide your organization from COVID-related liability?  In this podcast, our guest, Larry Kunin, speaks with us about when and why a nonprofit might need to have a release of liability signed.   Larry also answers some common logistical questions, including how long you need to hold onto a signed release and contactless waiver signing.
Guest: Larry Kunin, Partner at Morris Manning & Marting

Waivers: Why You Need Them Generally and Do They Need to Be Updated for COVID?

“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.

Pro Bono Partnership of Atlanta

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