Here at UST we’ve put together our Top 10 Guides for 2019 Nonprofit Human Resource management. And for a limited time, we’re giving them away for FREE.

Since 1983, UST has provided nonprofits with the latest HR resources in an effort to help organizations stay compliant, maximize employee bandwidth and reduce overhead costs. This toolkit includes updated 2019 state and federal minimum wage data and recordkeeping requirements, as well as checklists to ensure compliance. Plus, you can learn the top six strategies to develop and maintain a thriving workplace.

• State and Federal Minimum Wages
• Federal Recordkeeping Requirements
• ACA Checklist
• HR Audit Checklist
• HR Compliance Chart
• An Introduction to Employee Benefits
• Emergency Preparedness Plan
• UST Competitive Hiring Practices eBook
• Webinar Recording: Nonprofit Recruitment and Retention Best Practices
• Unemployment Cost Analysis Form

Still have questions? You can get a free 30-day trial of UST HR Workplace powered by ThinkHR, a cloud-based service that aims to reduce HR liability through a live expert hotline, 250+ online compliance courses, compensation tools, employee handbook builders, and employee classification step-by-step guides. Set up your ThinkHR trial today!

Question: How can you determine whether a worker is an independent contractor or employee?

Answer: Generally, independent contractors are self-employed individuals who work on special projects that require no training, may work from either the employer site or another location, and do not need direction or the company’s materials to do the job. Additionally, these individuals are typically paid based on contract milestones.

Under federal “common law” rules, anyone who performs services for you is your employee if you can control what, when, and how the work will be done. This is true even if the person in question has the freedom to determine when certain work actions are taken. According to the IRS, “What matters is that you have the right to control the details of how the services are performed.”

Some states look to the federal common law rules, while others, such as Oregon, New York, and California, have their own additional tests of whether an individual is an independent contractor or employee. Many states publish fact sheets or handbooks with these guidelines to aid employers in making the appropriate classification.

The key in making this determination is to look at the entire relationship, consider the degree or extent of the right to direct and control, and finally, document each of the factors used in coming up with the determination.

In determining whether the person providing service is an employee or an independent contractor, all information that provides evidence of the degree of control and independence must be considered. In short, you will want to examine this decision carefully, so as to avoid tax consequences by misclassifying someone as an independent contractor.

Source: www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Employee-(Common-Law-Employee)

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Get your free 30-day trial here.

Question: We received a request from the State Department of Labor, Division of Research and Statistics, to provide information for “Occupational Employment Statistics Report in cooperation with the U.S. Department of Labor.” Is our participation mandatory or required?

Answer: Your state department of labor has asked you to participate in the Bureau of Labor Statistics (BLS) Current Employment Statistics survey. Providing information is voluntary under federal law and is mandatory under state law only in North Carolina, Oregon, and South Carolina. 

The report is based on a sample of 390,000 business establishments nationwide. The survey produces monthly estimates of employment, hours, and earnings for the nation, states, and major metropolitan areas. Preliminary national estimates for a given reference month are typically published on the first Friday of the following month, in conjunction with data derived from a separate survey of households, the Current Population Survey. See the Bureau of Labor Statistics Current Population Survey page and the Current Employment Statistics page for more information.

Although voluntary in most states, employers are encouraged to complete and submit the report accordingly. No penalties exist for those who choose not to report in states where participation is not mandatory.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 30-day trial here.

Most people spend the majority of their weekday hours getting ready for work, commuting to and from work and actively working. As a standard rule of thumb, we make it a priority to ensure we live in a safe environment at home–free from negative energy. But what about our work environment? How can we ensure the environment is safe there as well?

Some typical issues encountered in the workplace that can be bothersome include poor lighting and fluctuating temperatures, but other issues that are surprisingly common that can seriously undermine employee health are workplace bullying and sexual harassment. These types of behavior can have an extremely negative impact on the well-being, productivity, and health of everyone in the office, not just those directly involved. Creating a safe work environment means focusing on culture and eliminating harmful behavior.

Many people think these negative behaviors stop once the graduation caps have been tossed in the air. Unfortunately, bullying is a common problem that can occur in any setting involving a large group of people, and the workplace is no exception. With digital tools like office chatrooms, texting, and email, there are more ways than ever for abusers to target others. Workplace harassment can encompass a number of harmful behaviors, including threats, humiliation, sabotage, and intimidation. It is this repeated harassment that can affect the victim’s ability to concentrate and/or feel safe at work.

One of the biggest problems with workplace harassment is that many people don’t recognize it when they see it. Not all harassment is obvious. Sometimes, it’s subtle and the effects build up over time. Alternatively, the abuser may be using digital tools that no one else can see rather than engaging in inappropriate behavior in front of others. In other cases, people that are witness to bullying may not feel safe coming forward. Research indicates that a shocking 37% of workers in the United States have been directly bullied in the workplace. When you factor in the people who witnesses bullying, the number reaches 49%. All in all, even if a person hasn’t been bullied on the job, chances are they know someone who has. Because of the negative consequences, these behaviors are a leading contributor of toxic work environments around the country.

Not only does workplace harassment cause victims to lose their confidence and experience increased stress, it can also lead to poor productivity, illness, and possibly, to the person quitting. A toxic culture increases turnover rates and can even open up companies to legal trouble if allowed to continue.

Workplace harassment is a serious issue and should therefore, be handled promptly. Not only can it lead to mental and physical health problems for your employees, it can also impact your bottom line and even hurt your reputation. Eliminating toxic behavior through education and awareness are key when it comes to ending workplace harassment of any kind and of the utmost importance in creating a safe and healthy work environment. Mandatory trainings for managers and employees, strict policies on harassment, and other safeguards can help ensure a safe and healthy environment for all.

This article was created in collaboration with Quinn Cooley of DC Scholarships.

As a nonprofit manager, it is important to be able to give constructive feedback effectively to your employees. Being able to share and receive feedback is vital to self- improvement.  Examples of how to give constructive feedback  include, discussing appropriate behaviors, asking questions, creating an action plan together and building trust, to name a few. On the other hand, there are a number of ways that your feedback could cause more harm than good.

Listed below are five bad habits your nonprofit organization should avoid when giving constructive feedback:

1) Waiting for the annual performance review to give feedback – This method can cause confusion and make things more challenging to work through. Waiting too long to provide feedback could make people feel caught off guard or defensive rather than being open to having a productive conversation.

2) Not providing specific examples – Concepts like “be more of a team player,” “be more professional” or “show more initiative” do not typically sink in without the use of specific examples to illustrate them. Labels without examples can leave people feeling at a loss of how to go about making changes because they are unsure of what you’re looking for. Make sure to be specific with your feedback.

3) Lack of preparation – Making an assessment or judgment call prior to gathering all the facts and examining the logic of your assessment, can lead to a very negative outcome. Situations like these could lead to resentment or loss of respect for the manager. Every statement you share, whether it be criticism or praise, should be backed up with specific details.

4) Making an assumption of how to praise an employee – A natural tactic is to praise an employee the same way you like to be praised. However, what may work for one type of person or personality may not have the same impact on another. This is one of the many areas of managing where learning personality types can be extremely useful.

5) Only giving corrective feedback without any positive feedback – If the only time you give feedback is to say something negative, employees will inevitably develop an automatic defensive reaction the moment you try to give them any type of feedback, whether it be positive or negative. Such conditions can be deemed hazardous for a constructive conversation and effect the overall culture of the workplace.

Some situations in life are just uncomfortable and performance reviews are often one of them. By planning ahead, these conversations can be extremely productive and used to strengthen employee-manager relationships while driving positive outcomes for the business. Set clear expectations, continuously monitor employee performance, regularly check-in, offer praise for good performance and continually work on staff development.  You will be well on your way to creating a positive work environment where both parties are appreciated and respected. 

Question: Can we require our employees to get flu shots?

Answer: While there is no law that prohibits employers from mandating flu shots — and in some states, the law requires all healthcare workers to get flu shots — you should carefully determine if the benefits to your business outweigh the risks. There has been a rise in litigation brought by employees who object to this requirement for medical, religious or personal reasons. The Equal Employment Opportunity Commission (EEOC) has filed or joined several lawsuits over claims that inflexible mandatory vaccination policies are discriminatory.

Employees may be entitled to exemptions from a flu shot policy for medical reasons under the Americans with Disabilities Act (ADA) or religious reasons under Title VII of the Civil Rights Act of 1964. Requests for exemptions must be evaluated individually yet treated consistently, a difficult task. You will need to engage in an interactive process with the employee, just as you would for any other request for accommodations, to determine if they can be granted without presenting undue hardship to your company.

The EEOC recommends against mandatory flu shot policies, instead suggesting employers encourage employees get vaccinated on their own. Offering no-cost flu shots on site can further improve workplace vaccination rates by making it more convenient for employees.

If you choose to enact a mandatory flu shot policy, write it carefully to protect your company from the risk of discrimination claims and be sure to run it by your legal counsel. Make sure the policy:

• Is worded concisely.
• Outlines the reasoning behind the policy.
• Is applied consistently. (Managers who enforce it should be trained on the policy and how to handle requests for exemptions.)
• Explains the process for requesting exemptions due to medical contraindications or sincerely held religious beliefs. Any medical information obtained as part of the request for an exemption should be kept confidential.

Question: If a new hire volunteers information about medical issues, can the employer ask for a doctor’s fit-for-duty certification?

Answer:  Exercise caution in requesting medical documentation from applicants or employees, unless the applicant or employee is specifically requesting some form of accommodation in order to do his/her job or the employer has directly observed or has evidence that the employee is having difficulty in the job due to some type of limitation. If the employee discloses the information in the interview and/or onboarding process without a request for accommodation, we recommend the interviewer ask the employee if accommodation is requested. If not, then we recommend moving the conversation on to the bona fide requirements of the job. An employer should consider the following questions before requesting a fitness- for-duty medical certification:

Did the applicant or employee ask for an accommodation? If so, then requesting medical certification and suggestions in order to aid the applicant/employee may be appropriate. Does the employer request this information for all employees/applicants for the same position? If the employer is considering asking for medical certification based upon the new hire’s health disclosure AND the new hire is not requesting any form of accommodation in order to do the job, then we recommend NOT asking for that medical certification unless the employer asks for it for all new hires in that position on a routine basis.

From a practical perspective, an employer should gather medical information only if there are concerns about the employee’s ability to perform the essential functions of the job, considering any physical or mental limitations. An employer should request and consider only the information that is “job related and consistent with business necessity”. Here are a few scenarios where requesting a medical fitness for duty certification may be appropriate:

• The employee has admitted that his medical condition may be linked to performance problems and has requested assistance (i.e. his medications are making him forgetful, he is not taking the medications because they make him dizzy and he needs to work in high places, etc);
• The employer has knowledge that an employee’s medical condition may potentially pose a safety or health hazard to himself or others (i.e. an employee with seizures driving a delivery truck);
• The employer directly observes severe symptoms that indicate that there is a medical condition that impairs performance or could be a threat to the health and safety of the employee or others.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 30-day trial here.

People get addicted to all sorts of things that aren’t good for them: smoking, drinking, drugs, food. You don’t even need to like something to form an addiction to it—you just need to experience it consistently enough that it becomes your “normal”. We all stress at some point or another and that’s never going to change—it’s just a part of life.

Work related stress somehow makes us feel accomplished and successful. Without the daily rush of adrenaline created by stress, we don’t quite feel like we’ve done enough. This work style has reached epidemic proportions and we don’t need a study to see that. Just listen to the conversations that are happening in your day-to-day surroundings.

If you can answer yes to more than one of the following questions, you are likely addicted to stress and in need of some thoughtful change:

1. Do you thrive better under pressure?
2. Is all your time consumed with tasks?
3. Do you find yourself complaining a lot?
4. Do you move on autopilot from one activity to another?
5. Do you find it difficult to turn your brain off when it’s time for bed?

While you are likely doing a fabulous job at getting all the things done that need to be done, the long-term side-effects that unmanaged stress can have on your health can be quite dangerous. The body reacts similarly to stress as it does to drugs and have been shown to have such side effects as elevated blood pressure, increased heart rate, migraines, depression and even loss of brain cells. Unmanaged stress has also been linked to a higher risk of cancer and heart disease—ultimately taking years off our lives. Whatever we experience in our minds eventually manifests itself in the body so it’s important to recognize when you are feeling stressed and make positive changes to ensure you don’t cause yourself long-term health issues.  

As with any addiction, the first step in recovery is recognizing that you are addicted. Most addicts know the consequences of their behaviors but simply can’t bring themselves to come down from the adrenaline rush. Many of us thrive on stress—the crunch of a deadline, the nonstop emails that hit our inbox, the countless meetings to prepare for, the list goes on and on. We convince ourselves that with such busy schedules and extreme workloads that there’s no way we can succeed if we slow down. One of the challenges in stress management is fighting our tendency to be pulled back into the adrenaline rush but the good news is that there are ways to break this unhealthy cycle once and for all. Techniques such as deep breathing, meditation, taking a walk, yoga and massage have all been shown to be quiet effective when done regularly.

Work addiction, often called workaholism, is a real problem and like any other addiction hard to break but if you commit to breaking your addiction to stress at work and take the time to appreciate what you’re working so hard to accomplish, you’ll be more focused, more creative and more productive.