PBPA Podcast

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 c...

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...

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...

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 i...

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...

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 mu...

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 pl...

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 i...

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 P...

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 employ...

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 abo...

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 a...

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 thei...

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 gu...

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...

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 t...

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 employ...

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 gar...

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...

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. An...

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 sh...

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, Jennife...

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 epis...

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 bo...

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.