Board members are the driving force of any nonprofit and lead the organization towards a sustainable future by adopting sound, ethical and legal governance – ensuring the nonprofit is able to advance its mission. One of the fundamental challenges that board members face is the lack of understanding of their roles and responsibilities.

​​​​​Join Barbara O’Reilly, CFRE, Principal of Windmill Hill Consulting, to learn how to strengthen your leadership team and determine the roles every board member can—and should—play in creating a strong culture within your organization.

This  webinar will teach you how to:

• Use a board matrix to identify potential talent
• Understand essential steps in formalizing a board recruitment process
• Create a board orientation process that helps new leaders fully contribute to the governing work of the board
• Understand the various roles board members can play in fundraising
• Tactics for working with underperforming board members

Want access to more learning opportunities, tips and legal updates just for nonprofits, sign up for our monthly eNews today!

There is not one nonprofit organization that wants to cut programs it believes furthers its mission. But too often, nonprofits keep programs long after they’ve stopped being effective and worth the cost. Sometimes it is necessary to scale back or even eliminate programs so that funds can be better spent launching new initiatives that help the organization meet its core mission.

Communities are constantly changing and your nonprofit must be prepared to change with them. Do your homework and research what is working and what is not – never assume the effectiveness of your programs.

• Survey participants, members, donors, employees, volunteers and other stakeholders about which of your programs are the most—and the least—effective and why.
• Review your community’s demographic data for changes relevant to your program offerings.
• Ask the community what they know of unmet needs or new trends that should affect your programming decisions.

While you don’t want to eliminate anyone’s opinions, you do want to be careful about how the feedback is used to rid your organization of obsolete programs and create new ones. If one of your programs is clearly ineffective and another is wildly successful, the decision to redeploy funds to the successful program is obvious. And keep in mind that new programs can be variations of old ones, just re-vamped to better serve your nonprofits core mission, values and goals.

Undoubtedly, you already have goals in place that measure each of your programs progress. If you don’t, now is the time to set them up. Being able to easily identify what is working and what is not, is pivotal to your nonprofit’s success.

Before deciding whether to cut a program or start a new one, be strategic and realistic about your expectations. Being able to recognize when it’s time for a change and how to best use what funding is available will help ensure successful programs.

Some people just exude negativity. They gripe about anything and everything. Rarely do they take responsibility and more times than not, they see themselves as the victim. Through some combination of nature and nurture, negativity is their default response but that negative energy can be detrimental in the workplace.

If you manage people, you will likely encounter a situation in which you will have to manage a negative employee. Some managers have the innate ability to handle difficult situations but your team may lack the skill and confidence required to communicate effectively with someone who is negative and can be easily defensive which can cause conflict.

While communicating with these individuals about their behavior can be uncomfortable, doing so can help to eliminate the impact on other workers and this should be priority number one. It’s imperative to address the issue sooner than later to also avoid the spread of one person’s negative attitude to the rest of the group — ultimately affecting effectiveness and productivity. The last thing you want is to have team moral take a hit.  

Using specific examples of behavior will help the employee better understand where you are coming from and enable them to make some specific changes. You don’t want to lecture your employee but you do want to make sure you provide enough context to ensure they understand what your concerns are and what expectations you have going forward.  Also, encourage them to speak up as issues arise so things don’t escalate in the future. Taking an interest in their well-being by checking in periodically can also strengthen their sense of purpose and belonging. If you simply criticize their approach and don’t acknowledge their concerns, they will end up feeling like their feedback was unwelcomed and ultimately trigger frustration and more negativity.

Don’t take anything said personally and avoid becoming defensive. Keep in mind that most people don’t like constructive feedback even when given with the best intent. Anything can trigger a defensive response so practice what you will say and how – it could save you a lot of headache. A little compassion goes along way – it shows the employee you are interested and concerned about them as a person. There may be some things you can’t help with that perhaps have nothing to do with work but you can listen and sometimes that is all one needs.

Nothing is more challenging than trying to get negative people to respond more positively. However, dealing with issues when they arise and being clear on what those issues are while following through with a plan that addresses them can go a long way. It’s important to acknowledge the value of their perspective and involvement when they communicate effectively.

Question: While working, an employee assaulted his coworker in our California workplace. May the injured employee pursue a workers’ compensation claim?

Answer: Yes. An employee who is assaulted at work by a coworker may elect to file a workers’ compensation claim. However, he or she may also file an internal complaint, report the assault to the police, or pursue a civil lawsuit. Whether the workers’ compensation claim (or any other claim) will be successful depends upon the facts. For example, was the injured employee the initial physical aggressor? According to California Law, at Cal. Labor Code § 3600(a)(7), employers are not liable under the state’s workers’ compensation law for an injury that arises out of an altercation in which the injured employee is the initial physical aggressor.

Regardless, after an injury occurred in the workplace, California employers must:

• Provide a workers’ compensation claim form to the claimant within one working day after a work-related injury or illness is reported.
• Return a completed copy of the claim form to the claimant within one working day of receipt.
• Forward the claim form, along with the employer’s report of occupational injury or illness, to the claims administrator within one working day of receipt.
• Within one day of receiving the claim, authorize up to $10,000 in appropriate medical treatment.
• Provide transitional work (light duty) whenever appropriate.
• Give notice of workers’ compensation eligibility within one working day of the crime (assault) that happened at work.

It is not for the employer to determine whether the injury will be covered under its workers’ compensation insurance. Rather, the claims administrator will determine whether the injury is covered.

Another issue worth mentioning is that California employers are required to abide by a duty of care in the workplace. According to Cal. Labor Code § 6401, “[e]very employer shall furnish and use safety devices and safeguards, and shall adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render such employment and place of employment safe and healthful. Every employer shall do every other thing reasonably necessary to protect the life, safety, and health of employees.” Violations of this duty incur significant monetary damages.

Read more about workers’ compensation and the process on the State of California, Department of Industrial Relations’ website. Read more about workplace assaults and Cal/OSHA Guidelines for Workplace Security.

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.

Did you know that the California Legislature enacted a number of new bills that became effective in 2018?

Watch Ethos Human Capital Solutions webinar on the new employment laws enacted by the California Legislature and how they will impact your business in 2018. Also, the webinar discusses legal cases that have been or will be decided by the courts and will affect CA employers.

You can download the recorded presentation which covers new laws affecting:

• What you can/can’t ask on applications and during interviews
• Immigrant worker protections
• Changes to minimum wage
• Parental leave

Learn from Lindy Duffy of Ethos Human Capital Solutions and Marla Merhab Robinson, Esp. with Merhab Robinson, Jackson & Clarkson about these changes and what you’ll need to know and do to stay in compliance.

This webinar series is part of UST’s efforts to educate the nonprofit sector. For more learning opportunities, tips and legal updates just for nonprofits, sign up for our monthly e-News today!

Question: What can we do to be better prepared to respond to an active shooter in the workplace?

Answer: Unfortunately, we live in an environment that requires all employers to think about, prepare for, and take appropriate actions to ensure the safety of all employees in active shooter or other emergency situations. Therefore, it is important for employers to offer employees both training and action plans. Most security experts, including the Federal Bureau of Investigation (FBI) and U.S. Department of Homeland Security (DHS) stress the following key points in response to active shooter preparedness:

• Have evacuation and emergency plans in place in all locations.
• Conduct drills and ensure that all employees are trained to be aware of the environments in which they work and to react quickly to evacuate the area in the event of an active shooter situation.
• Ensure that all employees know the locations of the exits nearest to their work areas.
• If evacuation is not possible, employees should know the locations of the best shelter areas and what to do, such as closing and locking the doors and windows immediately, turning off lights and silencing cell phones, establishing sturdy barricades that could possibly withstand gunshots, etc.
• If the situation allows, employees may be trained to take necessary steps to incapacitate the shooter (tackle the shooter or otherwise attempt to incapacitate).
• The simple advice is to run, hide, and as a last resort, fight.

Whenever possible, create your emergency action plans with assistance from local law enforcement authorities. The plan should include all of the following:

• Preferred method of contacting 911.
• Lockdown and evacuation plan.
• Contact information for local hospitals.
• Contact information for, and responsibilities of, individuals to be contacted under your employee assistance plan, if applicable.

In all cases, preparing and having a plan for an active shooter or other emergency will help both employees and managers better prepare for dealing with such a high-stress situation. We also recommend preparing your plan in coordination with law enforcement to ensure best practices.

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.

There are some hot trends in recruiting this year that HR professionals should be aware of as they will impact how you hire in the years to come. LinkedIn recently released its Global Recruiting Trends Report 2018 which details survey results of more than 9,000 recruiters and hiring managers from 39 countries – identifying diversity, new interview techniques, data analytics and artificial intelligence as being the most impactful trends.

Companies across the country have found incredible ways to bring diversity into the workplace by using such things as inclusive language to target diverse groups, showcasing diversity in recruitment marketing and utilizing staff member’s stories and experiences in the recruiting and hiring process.

Employers need to take a hard look the organizational culture and if necessary, work on building an inclusive one. Ensuring that employees feel accepted, included and engaged because even the most diverse companies lose employees due to the lack of diversity, inclusion and belonging. LinkedIn found that more than half of the companies surveyed already embrace recruiting for diversity – tackling head-on. They also found that the top reasons for focusing on diversity were to improve company culture and performance and to better represent customers.

Gender continues to be the main topic in diversity but age and disabled workers or veterans, are also high on the list of diverse candidate opportunities. “When different perspectives are recognized and supported, advocated, and most importantly, expected, I think it creates a more inclusive environment,” said Steve Pemberton, Former Chief Diversity Officer at Walgreens. “When you are recognized for bringing a different perspective, it leads to higher degrees of engagement.”

While the traditional interview is still wildly popular and the industry standard, it fails to provide a true assessment of the job candidate – under cutting the impact of more useful information and all too often resulting in a decision based only on a person’s looks and personality.

Forward-looking companies are exploring other means of qualifying candidates that include soft skills assessments (measuring traits like teamwork), job auditions (offering an opportunity to perform real on the job tasks), meeting in casual settings (providing an entirely different view of the candidate), virtual reality assessments (immersing candidates in simulated 3-D environments to test skills) and video interviews (allowing the ability to view a larger pool of candidates in less time). And other companies are taking an entirely different approach and hiring based on potential, not experience.

Collecting data is becoming more and more prevalent in today’s ever changing workplace. It can help organizations increase retention, evaluate skills gaps, build better offers and so much more. It provides the opportunity to better understand the reasons behind the questions we couldn’t before evaluate – filling in many recruiting gaps. Putting quality data to work for you can give your organization an edge above the rest.

Artificial Intelligence is a machine that is able to perform tasks that normally require human intelligence. They can understand verbal commands, distinguish pictures, drive cars and play video games better than we do. These software programs can move job candidates through the hiring process in far less time than it would take us to and removes human bias in the process. It not only saves time and money but also delivers the best candidate matches. Actual people are still needed to persuade and negotiate but the more you use technology, the more time you have to focus on building relationships.

Allow the data and AI to work for you while you spend more time investing in the personal functions of your job. If you don’t embrace change now, it’ll run you down and leave you behind in the years to come.

Most nonprofit leaders recognize that employee retention can be a challenge and with limited resources, can lead to a lack of employee recognition. Nonprofit employees tend to have a passion for their organization’s mission—a sense of pride in their work and view their current employment as a career, not just as a job. So how do nonprofit organizations go about best supporting their employee’s goals and achievements?

Celebrating an employee’s career achievements by offering service awards is an effective strategy on multiple levels. Here are a few ways your organization can continue acknowledging your employees on a consistent basis:

1. Acknowledging reliability: While it can seem like a huge undertaking to implement a career achievement program, organizations that offer such programs are able to keep employees an average of two years longer than organizations that don’t. If the program proves to be effective, employees plan to stay at their current employer for an additional two years on top of that.

2. Reward accomplished career goals: According TLNT’s research, “81% of employees feel career celebrations help them feel appreciated for their work and found that 19% more employees strongly felt their current company cared about employees. Also, 18% more employees strongly felt they fit in and belonged at their current company if the company offered service awards.”

3. Encourage employee & culture connection: Recognizing an employee’s career milestone can offer an opportunity to connect back to the foundation of the organization. This can help employees feel that they are making an impact and doing their part to benefit the organization as a whole.

The benefits of a career achievement program will not only bring focus to your employees and their accomplishments, it will increase the overall morale of the organization and make your nonprofit a desired place to work at for future employees.

The Wage and Hour Division of the U.S. Department of Labor (DOL) had issued guidance based on inquiries from businesses about wage and hour issues that arise in the workplace through the distribution of opinion letters for five decades. In 2010, the Obama Wage and Hour Division decided to cease issuance of these letters and alternatively, decided to publish “Administrator Interpretations” of the Fair Labor Standards Act (FLSA) topics in its place.

Last year, the Trump administration announced that it would resume issuing opinion letters and began following through on its promise earlier this year when the DOL reissued 17 opinion letters previously withdrawn by the Obama Administration. Those letters addressed a wide range of topics from discretionary bonuses and calculation of salary deductions to administrative exemption qualifications.

Opinion letters are meant to guide employers and employees with respect to both the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA) laws by providing a better understanding of what is entailed. As noted on the DOL website regarding Rulings and Interpretations, “As part of the administration of the FLSA and the FMLA, interested parties may seek and officials of the Wage and Hour Division may provide official written explanations of what the FLSA or the FMLA requires in fact-specific situations.”

If you have a question about wage and hour laws that you can’t find answers to, requesting an opinion letter might be the way to go. It is important to remember that opinion letters are not binding but are rather informal guidance provided by the Department of Labor. A positive response can help an employer defend a policy in court while a negative response can get an employer to quickly change bad policies.

While the DOL can’t answer all employer inquiries, any clarity they can provide to employers in areas that are frequently unclear or confusing can be helpful—the hope is that the DOL continues to distribute these letters going forward.

Question: Will the employer have to pay overtime to a nonexempt employee for time spent at a holiday party even if the party is voluntary?

Answer: In the event of an after-hours voluntary party, where there are no consequences for not attending, there is no requirement to compensate a nonexempt employee under wage and hour regulations. However, in the event that a party is held during any portion of an employee’s normally scheduled work hours and the employee is permitted to attend during those hours, even if voluntarily, the nonexempt employee is to be compensated. Therefore if the employee’s work day ends at 5 p.m., and the party goes from 3 – 7 p.m. the nonexempt employee would be paid for two hours (3 p.m. – 5 p.m.). If the party was mandatory or would have any consequences for those not in attendance, the nonexempt employee would be paid for the entirety of the party. If the nonexempt employee provided any work effort towards the set-up, during, or post event clean up, the employee would need to be compensated for all time worked at regular wages, including any eligible overtime.

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.