1. Pro Bono Partnership of Atlanta 999 Peachtree Street NE Atlanta, GA 30309-3996 (404) 407-5088 info@pbpatl.org www.pbpatl.org1 March 23, 2010 Rachel Spears Executive Director, Pro Bono Partnership of Atlanta Legal Issues with Working with Volunteers

2. Pro Bono Partnership of Atlanta 999 Peachtree Street NE Atlanta, GA 30309-3996 (404) 407-5088 info@pbpatl.org www.pbpatl.org2 What is the Pro Bono Partnership of Atlanta? Pro bono legal assistance for nonprofit organizations To be eligible, the organization must be: –Nonprofit and tax-exempt –Primarily serving the poor & disadvantaged –Unable to pay for legal services without significant impairment of program resources Free legal advice in the areas of: –Corporate governance- Trademark and copyright –Contracts- Tax –Employment- Real estate Visit us on the web at www.pbpatl.orgwww.pbpatl.org

3. Pro Bono Partnership of Atlanta 999 Peachtree Street NE Atlanta, GA 30309-3996 (404) 407-5088 info@pbpatl.org www.pbpatl.org3 Introduction Structure –Possible Risks –Applicable Laws –Preventive Measures CAUTION! –Not Legal Advice! –Contact legal counsel with specific questions, issues or concerns

4. Pro Bono Partnership of Atlanta 999 Peachtree Street NE Atlanta, GA 30309-3996 (404) 407-5088 info@pbpatl.org www.pbpatl.org4 Risks Injuries Caused By Volunteers Injuries To Volunteers

5. Pro Bono Partnership of Atlanta 999 Peachtree Street NE Atlanta, GA 30309-3996 (404) 407-5088 info@pbpatl.org www.pbpatl.org5 Injuries to Volunteers Physical Activities –Workplace Safety Laws Occupational Safety and Health Act Harassment/Discrimination Religious –Exception: some faith-based organization need individuals with particular religious affiliation in critical positions Racial Disability –Make reasonable accommodations (more later) Sexual/Gender Quid Pro Quo or Hostile Work Environment

6. Pro Bono Partnership of Atlanta 999 Peachtree Street NE Atlanta, GA 30309-3996 (404) 407-5088 info@pbpatl.org www.pbpatl.org6 Applicable Laws Fair Credit Reporting Act –Requires written authorization from a volunteer before conducting background checks Fair Labor Standards Act –Defines volunteer –Avoid temptation to pay volunteers Transforms them into employee Liable to FLSA & Other Federal/State employment laws Consider alternative methods of honoring volunteers

7. Pro Bono Partnership of Atlanta 999 Peachtree Street NE Atlanta, GA 30309-3996 (404) 407-5088 info@pbpatl.org www.pbpatl.org7 Applicable Laws Other Laws –Workers’ Compensation Laws May apply to volunteers Courts look at duties and compensation –Child Labor Laws FLSA’s child labor provisions apply only to employees Georgia Dep’t of Labor = Any minor under the age of 18 working in Georgia must obtain a work permit whether for payment or as a volunteer. –Workplace Safety Regulations (OSHA)

8. Pro Bono Partnership of Atlanta 999 Peachtree Street NE Atlanta, GA 30309-3996 (404) 407-5088 info@pbpatl.org www.pbpatl.org8 Preventive Measures Hiring Practices –Position Descriptions List essential functions to avoid disability discrimination –Application Process/Interview Use tailored questions Include EEO Statement/Truth Clause –If I have provided false or misleading information in the course of the hiring process I acknowledge the nonprofit’s right not to hire me or to terminate my employment. Authorization for background checks

9. Pro Bono Partnership of Atlanta 999 Peachtree Street NE Atlanta, GA 30309-3996 (404) 407-5088 info@pbpatl.org www.pbpatl.org9 Preventive Measures Screening and Background Checks –Check References –Conduct Background Check (based on risk factors) Criminal Driving & Motor Vehicle Professional/Volunteer Credit (especially for positions of financial responsibility) –Red Flags Gaps in employment history Inconsistencies with references Unexplained geographic moves/unusual hobbies

10. Pro Bono Partnership of Atlanta 999 Peachtree Street NE Atlanta, GA 30309-3996 (404) 407-5088 info@pbpatl.org www.pbpatl.org10 Preventive Measures Avoid Discrimination Claims –Describe Essential Functions Lay out the volunteer’s essential functions in writing –Accommodate Disabled Volunteers Document reasons if it is financially unreasonable to provide accommodations –Document Negotiations Show that there was a give and take

11. Pro Bono Partnership of Atlanta 999 Peachtree Street NE Atlanta, GA 30309-3996 (404) 407-5088 info@pbpatl.org www.pbpatl.org11 Preventive Measures Provide Written Rules of Conduct –General Standards vs. Detailed Rules –Volunteer Handbook vs. Wall Post –Have volunteers sign acknowledgement form –Update changes to volunteer duties Waivers –Enforceable in Georgia –May limit organization’s liability for injuries to person who signs from acts in the scope of volunteering Exception = willful or wanton misconduct by the organization

12. Pro Bono Partnership of Atlanta 999 Peachtree Street NE Atlanta, GA 30309-3996 (404) 407-5088 info@pbpatl.org www.pbpatl.org12 Preventive Measures Training –Volunteers should be instructed on Policies & Procedures Orientation Volunteer Handbook –Volunteers should understand risks to themselves, clients and the nonprofit Instruct on how to manage the risk –Trial Period

13. Pro Bono Partnership of Atlanta 999 Peachtree Street NE Atlanta, GA 30309-3996 (404) 407-5088 info@pbpatl.org www.pbpatl.org13 Preventive Measures Supervision –Written Service Description –Constant Communication and Evaluation Assess performance and client interaction Give feedback; Document the reviews Maintain a resource where volunteer can go for answers to questions –Objective Review Prior to Action Suspend volunteers while investigating problems Provide time to correct problems Terminate the relationship with tact

14. Pro Bono Partnership of Atlanta 999 Peachtree Street NE Atlanta, GA 30309-3996 (404) 407-5088 info@pbpatl.org www.pbpatl.org14 Preventive Measures Safe Working Environment –Must ensure safety of any premises under organization’s control or use Check for hazards Conduct building safety checks –First aid, fire extinguishers, exit doors, lighting, electrical circuits, flooring, handrails/guardrails, water leaks Vehicles –Check for valid driver’s license (keep copy on file) –Check for auto insurance –Ensure use of seatbelts –PREVENT DRIVING UNDER INFLUENCE!

15. Pro Bono Partnership of Atlanta 999 Peachtree Street NE Atlanta, GA 30309-3996 (404) 407-5088 info@pbpatl.org www.pbpatl.org15 Preventive Measures Volunteer Insurance –Umbrella Policy for Organization May cover volunteer activities –Volunteer Accident Policy Only comes into play after primary coverage is exhausted –Non-Owned Auto Insurance –Insurance protects the organization financially Does not prevent accidents

16. Pro Bono Partnership of Atlanta 999 Peachtree Street NE Atlanta, GA 30309-3996 (404) 407-5088 info@pbpatl.org www.pbpatl.org16 Preventive Measures Internal Procedures –Record Keeping for Each Volunteer Date of Service Positions held and duties performed Evaluation of Work –Grievance Reporting Open-door policy so volunteers may report questions/issues –Treatment Treat volunteers as if they were paid professionals Treat volunteers in the same position uniformly

17. Pro Bono Partnership of Atlanta 999 Peachtree Street NE Atlanta, GA 30309-3996 (404) 407-5088 info@pbpatl.org www.pbpatl.org17 Preventive Measures Internal Procedures (Cont’d) –Termination What you do is as important as what you say Never humiliate or terminate on the spot Seek third-party advice before termination –Volunteer Recognition and Rewards Volunteers appreciate recognition of their efforts to your organization

18. Pro Bono Partnership of Atlanta 999 Peachtree Street NE Atlanta, GA 30309-3996 (404) 407-5088 info@pbpatl.org www.pbpatl.org18 Additional Resources Texas C-BAR Library http://www.texascbar.org/legal_library/employment/index.php Nonprofit Risk Liability Laws http://www.nonprofitrisk.org/pubs/sll.htm PBP of New York FAQs http://www.probonopartnership.org/publications/pbpfaq.htm Other Sources http://www.energizeinc.com/art/subj/risk.html http://nonprofitrisk.org/tutorials/ns_tutorial/intro/1.htm