Articles & Webinars

Pro Bono Partnership of Ohio provides publications and answers to frequently asked questions on many topics.

Please note: These publications and FAQs are provided for informational purposes only, without any representation that they are accurate or complete. These materials do not constitute legal advice and should not be construed as such. These materials do not create an attorney-client relationship between the reader and any other person, nor are they an offer to create such a relationship. These materials are current as of the date written, but laws change over time and vary from state to state. As a result, the information presented here may not be timely and/or appropriate for any state not specifically addressed. Consult an attorney if you have questions regarding the content of any of our publications or FAQs.

  • All
  • Compliance and Filing Requirements for Nonprofits
  • Corporate Structures and Governance
  • COVID-19
  • Employment Law
  • Fundraising and Development
  • Intellectual Property, Copyright, and Trademark
  • Lobbying and Political Activity
  • Other Legal Topics
  • Pro Bono Brief
  • Type: PDF
  • Type: Webinar

Guidelines for Responding to Negative Social Media Posts

Social media is a boon for nonprofits. By posting on platforms such as Facebook, Twitter, Instagram, and LinkedIn, a nonprofit with limited means can reach a wider audience; tell its story; encourage engagement; and even solicit funds. The impact can …

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Legal Alert: EEOC Releases Updated COVID-19 Guidance

On May 11, 2023, the Biden-Harris administration ended the COVID-19 public health emergency and the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance on COVID-19 in the workplace.

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Ohio Nonprofits No Longer Need Permits to Gift Alcohol

Before raffling off a bourbon basket at their next gala, Ohio nonprofits should become familiar with the new rules for alcohol at charity events. Recently, Ohio lawmakers overhauled the requirements, dispensing with the cumbersome permit approval process and replacing it …

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Ask the Expert! Insurance for Nonprofits Webinar

WEBINAR VIDEO LINK (1 hour) Navigating the insurance-buying process can be a complex and difficult task for any nonprofit. With generally rising costs due to increased litigation and inflation, the task may be even more challenging. During this one-hour webinar, …

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Rolling the Dice with Independent Contractors

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Legal Alert: Important New FLSA and FMLA Guidance Issued

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Complying With New Federal Pregnant Workers Fairness Act, PUMP for Nursing Mothers Act

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Honoring Donor’s Intent: A Legal and Ethical Obligation

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Employment Law Posting Requirements

Numerous federal and state laws require nonprofit employers to post notices at the job site describing employee rights. These posting requirements seek to educate employees about their rights under the law. Unsure about which postings are required and where they should …

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Year-End Giving: Receiving and Acknowledging Donations

The ability to accept tax-deductible donations is an important advantage of being a 501(c)(3) organization. Whether acknowledgements of those donations are required and what the acknowledgements should include depends on what and how much is donated.

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Tax Compliance for Fundraising Events

‘Tis the season for lively charitable fundraising events such as galas, dinners, and other creative gatherings. However, fundraising events, whether in-person or virtual, can also cause unintended headaches if tax compliance issues are overlooked.

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Insurance 101 for Nonprofits

Navigating the insurance-buying process can be a complex and challenging task for any nonprofit leader. However, in the current state of the insurance industry, which is seeing generally rising costs due to increased litigation and inflation, which drives the cost …

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Think before you sign: Considerations for nonprofits entering into contracts

Nonprofits commonly enter into agreements with vendors, consultants, and even fellow nonprofits. Most of the time everything goes off without a hitch. However, do you know how to protect your nonprofit in the event that something doesn’t go as planned? …

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Sustaining the Mission: Nonprofit Combinations and Other Strategic Partnerships Webinar

Given current challenges facing community-based nonprofits, it is increasingly important for leadership to assess how more formal partnerships, including strategic combinations with other organizations, might help preserve and enhance their missions. Please join PBPO for this overview of key topics …

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Considerations for Nonprofit Partnership and Consolidation

When nonprofits consider a new partnership or even combining forces in a more integrated way, understanding the options for structuring a nonprofit combination can help shape initial discussions and pose important considerations for boards. This article outlines common types of …

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Issues Ohio Nonprofit Employers May Face in Dealing with Out-of-State Remote Workers

In part because of the COVID-19 pandemic, and advances in technologies such as Zoom, remote work is growing rapidly in the United States. As a result, employers of all kinds are becoming increasingly willing to hire employees who will work …

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Caregiver Discrimination? EEOC Provides Updated Guidance

This spring, the Equal Employment Opportunity Commission (EEOC) provided updated guidance regarding caregiver discrimination under federal employment laws in light of COVID-19 and its aftermath. Except for those with few employees, most nonprofit employers are subject to federal employment laws …

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Internal Controls for Board Members Webinar

Board members may be surprised to hear that they have a role and responsibility regarding internal controls. These controls are critical for any nonprofit and can be implemented even if your nonprofit has no employees. In addition, the pandemic created …

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Nonprofits: How to Enhance Your Internal Controls

As with every type of organization, nonprofits are at risk of falling victim to costly acts of fraud and tend to have some common characteristics that can make them particularly susceptible to such schemes. This article addresses steps and suggested …

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Nonprofit Brand Protection Options: Common Law Trademarks, State Registration & Federal Registration

Many nonprofit organizations seek to protect their key brands with trademarks. This article will provide guidance in choosing how to best protect them through trademark. For instance, depending on the reach of your organization and your budget, a “common law” …

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Nonprofits and Charities Might Attract More Donors with Improved Website Content and Attention to Privacy

You may have already heard that it is important for your nonprofit’s website to post a privacy policy. Did you also know that copying and pasting a policy from another source is not a good idea? Or that donors and …

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Can I Pay My Board Members?

While nonprofit board members are motivated to serve by passion for an organization’s mission, could a nonprofit also pay them?  Paying nonprofit board members for their service raises many legal issues that are very difficult to overcome.  Read this article to learn …

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Ohio’s Proposed Privacy Law and Your Privacy Program

The Ohio Personal Privacy Act (OPPA) is a proposed law introduced in July 2021 and aimed at giving consumers more control over the way businesses use their personal information (PI). Not every business must comply, but even if the OPPA …

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Charitable Solicitation Registration

Generally, in forty-one states and the District of Columbia, a tax-exempt organization that intends to solicit charitable contributions from the public is required to register. This requirement to register hinges upon a number of factors. States do allow some exemptions …

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2021 Charitable Giving Tax Deductions from CARES Act

As nonprofit organizations gear up for their end-of-year giving campaigns, consider reminding your donors that several of the benefits of the Coronavirus Aid, Relief, and Economic Security (CARES) Act are in effect through the end of 2021. Most notable is …

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Ohio minimum wage to increase, effective January 1, 2022

Attention nonprofit employers: Did you know that the Ohio minimum wage is set to increase on January 1, 2022? For more information and a link to the updated free poster, click here.

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Employee Retention Tax Credit: Does Your Organization Qualify?

The Employee Retention Tax Credit (ERC) has quickly become a hot topic in the past few months, thanks to the significant possible benefits that it offers to employers. The IRS continues to provide guidance that clears up some of the …

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Legal Alert: COVID-19: OSHA Updates Mask Guidance for Vaccinated Employees

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Employment Law Posting Requirements

Numerous federal and state laws require nonprofit employers to post notices at the job site describing employee rights. These posting requirements seek to educate employees about their rights under the law. Unsure about which postings are required and where they …

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American Rescue Plan Act: Impact on Nonprofit Employers and Employees

The most recent COVID-19 relief bill, the American Rescue Plan Act (ARPA), was signed into law on March 11, 2021. ARPA includes a PPP loan application deadline extension, an employee retention tax credit extension, and an FFCRA paid sick and …

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Staying Tax-Exempt: Avoiding Pass-Through Payments to Individuals

As a general rule, a donation to a 501(c)(3) nonprofit charitable organization may be tax-deductible, while a gift to an individual is not tax-deductible. Donors and 501(c)(3) nonprofit organizations may not skirt this rule by passing payments from donors, through …

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Nonprofit Employers: Understanding Ohio’s Amended Law Against Employment Discrimination

All Ohio employment discrimination claims filed on or after April 15, 2021 will be subject to the recently enacted Employment Law Uniformity Act. This Act arguably makes the most significant changes to Ohio anti-discrimination law that we have seen in …

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Rules 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, …

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The COVID-19 Vaccine: What Nonprofit Employers Need to Know

We are seeing the light at the end of the tunnel.  As vaccine rollouts begin across the country, nonprofit employers and employees alike may begin wondering whether employees can be required to receive the vaccine.

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Charitable Challenges and Opportunities – Dissolutions, Transactions and Restricted Funds Webinar

The normal lifecycle of a charitable organization has peaks and valleys. But the pandemic has heightened some of those dynamics forcing charities to take a strategic look at how they operate. Some of the possibilities that boards may consider involve …

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Legal Alert: FFCRA Obligations Are Now Voluntary

On December 31, 2020, the Wage and Hour Division of the Department of Labor updated its Family First Coronavirus Response Act guidance, and updated it Questions and Answers.

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Trademark Scams and Misleading Communications Can Cost You

Private companies and trademark scammers can use publicly available information to mislead your nonprofit into paying fees you mistakenly think are required or are being paid to the United States Patent and Trademark Office (“USPTO”).

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Lobbying Restrictions and Reporting Requirements for 501(c)(3) Organizations

501(c)(3) public charities can and should be advocates for change. Public charities can express support or opposition to laws and ballot issues, they can contact lawmakers, and they can mobilize others to do the same. While 501(c)(3) public charities are …

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FAQs: Election-Related Activities and 501(c)(3) Public Charities

501(c)(3) public charities can and should be advocates for change. Public charities can express opposition to laws, they can work towards change, and they can get out the vote. They are often in the best position to advocate on behalf …

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More Clarification on the Families First Coronavirus Response Act and the Americans with Disabilities Act

As COVID-19 case numbers remain steady, federal government guidance on employment related issues continues to evolve. The Equal Employment Opportunity Commission and US Department of Labor recently provided further guidance and clarification.

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Legal Landmines: Nonprofits Navigating Return to Work During the COVID-19 Pandemic

Nonprofits are not immune to ongoing and developing issues and concerns related to COVID-19, the impact on their workforce and consequently, the ability to meet their mission. By identifying and anticipating what issues will arise, and proactively developing a plan …

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The Importance of Lease Agreements for Tenants in the Operation of a Nonprofit

Nonprofits face unique challenges with respect to space. Some nonprofits serve a specific community and need to be located in a particular area to effectively serve their mission. Others receive monetary assistance from third parties and availability of funds might …

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Allowing Volunteers, Clients and Other Visitors Into Your Nonprofit Facilities

Are you bringing volunteers, clients or others back to your facility? Read below for some resources for your organization.

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Returning to Work Post-Quarantine: Employment Issues and Compliance Webinar

Nonprofit employers have specific concerns they will need to consider and be prepared to address, including applicable social distancing requirements as they relate to their organizations and how the physical workplace may need to be reshaped to accommodate those restrictions. …

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PPP Loan Forgiveness and the New Flexibility Act Webinar

This one hour webinar provides insight into the PPP Loan, including the forgiveness process. as well as  updates and changes related to the Paycheck Protection Flexibility Act recently passed by the House and Senate. Video Link Speakers: Stephanie Allgeyer, CPA, …

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Employment Issues to Consider as Nonprofits Get Ready to Re-Open after COVID-19

After weeks (if not months) of state “stay-at-home” and “shelter-in-place” orders, social distancing mandates and telework, there is a light at the end of the tunnel for nonprofits looking to get back to the business of helping others in their …

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PPP Loan Forgiveness Application and More

On May 15th, the Small Business Administration (SBA) released the long anticipated Loan Forgiveness Application. The next several weeks will continue to bring more guidance, and many lending organizations will be updating their systems to account for the requirements. The …

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SBA Issues Additional Guidance on PPP “Necessity” Certification and Safe Harbor Deadline Extended to May 18, 2020

The safe harbor deadline for return of PPP loans HAS BEEN EXTENDED TO MAY 18, 2020. Borrowers with PPP loan amounts of less than $2 million (tallied across all affiliates) will be deemed to have made the “necessity” certification in …

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Ongoing COVID-19 Issues for Nonprofit Employers to Consider

By now, most nonprofit employers have taken a variety of steps to address the COVID-19 pandemic, including, for example, furloughs, pay cuts, telework arrangements and outright closures. Talk has now turned to restarting the economy and returning to some semblance …

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Contract Considerations for Nonprofits During COVID-19

The COVID-19 pandemic has disrupted nonprofit operations throughout Ohio and worldwide. Many of these interruptions include the inability of nonprofit organizations or their partners to fulfill contractual obligations. For a nonprofit, this could look like the cancellation of a gala …

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DOL Issues Temporary Regulations Implementing the FFCRA

Things are changing quickly for nonprofit employers with the current COVID-19 landscape. The U.S. Department of Labor (DOL) issued new temporary regulations implementing the Families First Coronavirus Response Act (FFCRA) on April 6th. This latest Legal Alert from PBPO offers …

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CARES Act and Nonprofits: Finding Relief with Paycheck Protection Program, Disaster Loans and More

Late Friday, March 27, 2020, the Federal Government passed the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act. This $2 trillion stimulus package allocated $350 billion specifically to help nonprofits like yours. Things are moving quickly, and PBPO wants …

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COVID-19 Legal Issues for Nonprofit Employers

Employers of all sizes and in all industries, including the nonprofit sector, continue to grapple with unique employment law issues in the face of the COVID-19 (coronavirus) outbreak. Nonprofit organizations, large and small, must maintain compliance with state and federal …

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Board Governance during COVID-19

With Governor DeWine’s stay-at-home order, what started out as social distancing now requires Ohio nonprofit boards to forgo in-person meetings until the COVID-19 crisis has passed. Understandably, board governance may not be at the top of your mind. However, it …

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Families First Coronavirus Response Act: What Nonprofit Employers Need to Know

On March 18, the Senate passed the House’s Families First Coronavirus Response Act (FFCRA) and President Trump signed the bill into law. The Act creates two new emergency leave benefits for eligible employees: (1) emergency paid family and medical leave …

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Navigating a Nonprofit’s Tax Obligations and Exemptions

As a nonprofit, maintaining 501(c)(3) status is essential to operational success. This status is so important because it grants nonprofits exempt status from certain taxes both at the federal and state level and allows donors to make tax-deductible contributions. During …

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Retirement Benefits for Non-Profits: Keys to Structuring and Maintaining a 403(b) Plan

Non-profit organizations constantly compete to attract and retain talented employees, and retirement plans are one tool that can be used to win that competition. While non-profits can sponsor other types of plans, such as 401(k) plans, the most common type …

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Ohio Non-Profits Need to be Proactive in Addressing 2020 Minimum Wage Increase

Starting January 1, 2020, the minimum wage in Ohio will increase to $8.70/hour. The best way for non-profits to minimize any impact on services while also remaining compliant with wage and hour laws is to be proactive about the upcoming …

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DOL Overtime Rule: New Minimum Salary Level for Exempt Employees

Employers, are you ready for the new overtime rule?  The minimum salary for exempt employees under the Fair Labor Standards Act is increasing to $35,568 effective January 1, 2020 pursuant to the new rule issued by the Department of Labor …

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Contracting Tips for Nonprofit Organizations: Practical Tips for Non-Attorneys

For most nonprofit organizations, it is no surprise that every dollar counts, even when it comes to budgeting for legal review of a contract. Even with the assistance of organizations like PBPO and their team of volunteer attorneys, it is …

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City of Cincinnati Passes Ordinance Prohibiting Salary Inquiry and Use

The City of Cincinnati has become the latest jurisdiction to adopt an ordinance prohibiting employers from asking about or relying on the prior salary history of prospective employees in setting starting pay. The salary history ban passed March 13, 2019 …

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Insurance 101 for Nonprofits

Video Link (33 minutes) Are you unsure about the types of insurance coverage your nonprofit needs? Do you have coverage but want to know what will happen once you file a claim? ​ This webinar will address what every nonprofit …

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When Donor-Imposed Gift Restrictions Outlive Their Purpose, Ohio Charities May Have a Way Out

For many charitable institutions, accepting gifts subject to certain donor-imposed restrictions is a normal course of business. But what about those restrictions that have outlived their purpose or failed to evolve with the times? This is particularly common for gifts made …

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Employers Should be Aware of New Forms for Background Check Compliance

Due to recent federal regulation, employers must follow new disclosure procedures before performing background checks. Effective September 21, 2018, the Consumer Financial Protection Bureau (CFPB) issued updated model disclosure forms mandated by the Fair Credit Reporting Act (FCRA). The amended …

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