HR Workforce Solutions
By Nonprofits, For Nonprofits
Micromanagement – Bosses who are always under foot and constantly requiring updates are exasperating to everyone. All managers should start out from a position of trust with their employees. Micromanaging shows a lack of trust and makes an employee feel like they can’t be counted on to do things effectively.
Failing to get to Know Employees as People – Developing a relationship with employees is a key factor in managing. Managers need to know how to balance being professional with being human. Because we spend more time at work than we do at home most days, it’s important that employees feel like they belong. Celebrating successes, both professional and person, and empathizing during hard times can go a long way.
Workload Burnout – If you want push people out the door, nothing does it better than overworking your staff and pushing the limits of excessive production. Managers tend to push their best and most talented to do more but overworking your employees is counterproductive and risky if you don’t compensate with some sort of recognition such as raises, promotions or title-changes.
Failure to Communicate – The best communication is transparent communication. Sharing as much information as possible helps to make employees feel engaged and empowered. It also opens the door for feedback, ideas and suggestions which every company should encourage.
Don’t Recognize Good Work – Everyone likes a pat on the back every now and then and it’s the managers’ responsibility to reward a job well done. It can be as simple as verbal recognition, a small token of acknowledgement such as a gift card for coffee or as grand as a raise or promotion.
Failure to Develop Skills – Talented employees are always looking to learn something new and missing the mark on this one can cause your best people to grow bored and complacent. If you take away their ability to improve, it not only limits them, it limits you too.
If you want your best people to stay, you need to think carefully not just about how you develop them but about how you treat them. Cultivating happiness and good will through methodical efforts will help to avoid any unnecessary losses.
Answer: One of the primary issues you face is in paying or not paying your interns. The Fair Labor Standards Act FLSA, which sets standards for the basic minimum wage and overtime pay, affects most private and public employment. Covered and nonexempt individuals who are “suffered or permitted” to work must be compensated under the law for the services they perform for an employer. Internships in the for-profit private sector will most often be viewed as employment, unless the test described below relating to trainees is met.
Interns in the for-profit private sector who qualify as employees rather than trainees typically must be paid at least the minimum wage as well as overtime compensation for hours worked over 40 in a workweek.
Test for Unpaid Interns
The determination of whether an internship or training program meets this exclusion depends upon all of the facts and circumstances, and the following six criteria must be applied when making this determination:
If all of the above factors are met, an employment relationship likely does not exist under the FLSA, and the act’s minimum wage and overtime provisions do not apply to the intern. This exclusion from the definition of employment is necessarily quite narrow because the FLSA’s definition of “employ” is very broad.
Important: As of May 25, 2016, the Second Circuit New York, Vermont, and Connecticut and the Eleventh Circuit Alabama, Georgia, and Florida have rejected the Department of Labor’s six-factor test and have adopted the “primary beneficiary” relationship test, which takes into account the economic reality between the intern and the employer. The primary beneficiary relationship test has seven factors:
In examining these factors, no one factor is dispositive and courts should weigh the factors to determine the appropriate result depending upon the facts before them. The factors are also not exhaustive and, in certain situations, additional evidence may be appropriate to consider.
Here is our practical advice before you hire an intern:
Once the intern is on board:
Often equipped with fewer resources and a smaller staff size, nonprofit employees tend to feel overworked and stressed out. Because high stress levels can lead to a domino effect of general workplace unhappiness and high turnover rates, it’s imperative that employers take the time to encourage a balance between their work and personal life.
Here are 7 best practices that will help your employees maintain a proper work/life balance:
As a supervisor, your responsibility is to make sure that your employees have the tools and positive work environment they need to efficiently work through their day-to-day tasks. Taking the time to check in with your staff and encourage a balanced lifestyle will not only help your employees stay sane, but also improve general organizational productivity and growth.
Answer: Handling this type of discussion on such a sensitive subject can be difficult, but it is also an excellent opening for a frank conversation with that employee about his professional needs while you get direct feedback about his view of his job and the company. We recommend this approach:
During the course of these types of conversations, although compensation may be mentioned as the presenting problem, often the issue is really not that: You could find that the issues are more about the job itself, development opportunities, career goals, or other considerations. Consider the complete picture and be prepared to have a career development discussion with the employee about where he currently fits in the organization, what additional skills he may need to move his career in the direction he wants it to go, or other considerations.
The keys to these types of conversations are to treat the employee with respect and not dismiss his concerns without a good discussion of all of the relevant factors. Assure the employee that you value and respect his contributions to the business and want to do all you can as his manager to help him be productive and feel good about his contributions to the business.
This Q & A was provided by ThinkHR, powering the UST HR Workplace—a cloud-based HR platform provided to UST members at no additional cost. If you’re a 501(c)(3) nonprofit, get your toughest HR questions answered by signing up for a free 30-day trial
What should an employer do? Pay employees to stay at home? After all, in most cases, they are not at work through no fault of their own. Many businesses, however, do not have the financial resources to pay employees not to work. What follows are the rules regarding paying employees who miss work due to Mother Nature, along with some practical tips. From an employee relations perspective, the more generous you can afford to be to your employees who are suffering as a result of a weather-related disaster, the better. Employees (and their families) do pay attention to how they are treated, and a little extra time off and compassion for individual circumstances can go a long way towards enhancing employee loyalty.
If the company has no power and sends employees home for the day, should they be paid? And does it matter if the employee is exempt or nonexempt?
In general, there are two sets of rules for paying employees depending upon their classification under the Fair Labor Standards Act (FLSA) as it relates to eligibility for overtime. With nonexempt employees (those eligible for overtime pay), there is no obligation under federal or state law to pay for time not worked. However, under certain state laws, employers may have an obligation to compensate nonexempt employees under call-in/reporting pay laws, especially if the employees were not advised that they should not report to work and were denied work upon arrival at the workplace.
These pay obligations vary by state. With respect to salaried exempt employees who must be paid on a “salary basis” under the FLSA, employers may not make salary deductions for absences that result from an employer’s partial-week closing of operations, including closings due to weather-related emergencies or disasters. The bottom line is that exempt employees must be paid their full salary if they perform any work in a workweek and only miss work time due to the employer’s closure of operations. Closures for a full workweek need not be paid if no work is performed.
Are these rules different if the company can tell the employee not to come to work the next day?
For nonexempt employees, if they are told in advance not to come to work and the employees stay home, then the employer is under no obligation to pay them for the time off. The employer and the employee can choose to use accrued paid time off to compensate the employee for the missed workdays.
For exempt employees, the “salary basis” rule still applies. In some cases, the employee may be working from home during the bad weather days. If state laws permit employers to do so, employers may deduct from the exempt employees’ accrued paid time off balances to resolve the issues related to “salary basis” compliance. The employer should ensure, however, that these employees have not done any work from home during the office closure prior to deducting time from the accrued paid time off bank balances.
If an employee is on Family and Medical Leave Act (FMLA) leave, do those “bad weather days” count against the employee’s 12-week allotment of time off?
The FMLA regulations are silent about bad weather office closures. However, the regulations do allow for situations when the employer’s business stops operating for a period of time and employees are not expected to come to work (plants closing for a few weeks to retool, mandatory company-wide summer vacation, etc.). In that case, the week the business is closed and no employees are reporting to work would not count against the employee’s FMLA leave entitlement. If the business is closed for a shorter period of time, the general thinking is that the FMLA regulations relating to holidays would likely apply. Under those rules, if the business is closed for a day or two during a week in which the employee is on FMLA leave, then the entire week would count against the employee’s FMLA leave entitlement. If, however, the employee is on intermittent FMLA leave, then only the days that the business is closed and the employee is expected to be at work would count against the leave entitlement.
How do we handle attendance issues where the office is open but public transportation is not available due to the weather and employees cannot come to work?
If the business remains open but employees cannot get to work because of the weather, employers will need to consider their own attendance policies and practices in determining what flexibility to give employees as it relates to attendance. Employers may encourage employees to car pool or assist them in establishing alternative methods of transportation to get to work.
Under the FLSA rules as they relate to pay, however, employers do not need to pay nonexempt employees if they perform no work. For exempt employees, if the business remains open but an employee cannot get to work because of the weather, an employer can deduct an exempt employee’s salary for a full day’s absence taken for personal reasons without jeopardizing the employee’s exempt status. Employers cannot, however, deduct an exempt employee’s salary for less than a full-day absence without jeopardizing the employee’s exempt status.
Does a company have to allow employees to work from home (exempt or nonexempt) if the office is closed due to bad weather?
No, the employer does not need to allow employee to work from home, regardless of their FLSA status (exempt or nonexempt). The employer can make those decisions based upon the work that can be done remotely and based on the needs of the business. The employer should have clearly communicated policies and expectations regarding working from home during office closures.
Be Prepared
The bottom line is that every employer should think about the needs of the business, its financial resources, and employees’ needs and have plans in place to manage business issues due to inclement weather. Thinking through what the wage and hour laws require and developing your policies and then applying them consistently and fairly with all employees can reap huge dividends in employee loyalty and retention.
On the other hand, the FMLA does not require that employees on FMLA leave be allowed to accrue benefits or seniority. For example, an employee on FMLA leave might not have sufficient sales to qualify for a bonus. The employer is not required to make any special accommodation for this employee because of the FMLA. The employer must, of course, treat an employee who has used FMLA leave at least as well as other employees on paid and unpaid leave (as appropriate) are treated.
Therefore, if the bonus is based purely on the company’s performance without specific individual employee productivity metrics to qualify that employee for the bonus, then the employee on leave would be entitled to such a bonus.
The bonus would likely not impact the disability payments, but it is best to check with the specific plan documents or with the carrier to determine what, if any, impact it may have.
Question and Answer provided by ThinkHR. Learn more about how your nonprofit can gain access to their expert HR staff here.
These mistakes can be costly if you’re not careful; think compliance penalties, litigation, unemployment costs and employee replacement costs. We’ve listed some of the most common mistakes so you can try to avoid them at your nonprofit.
1. Bad Hiring Decisions
In the nonprofit world, you’re likely to know just about everyone who works in the same circle. So it makes sense that to offer a job to someone you know, right? Well sometimes skipping the interviewing step means you’re missing out on the most qualified candidate, and missing important information. Interviews, background checks and references are absolutely a must when it comes to hiring the right person. The wrong person for a position can be costly, since you may have to pay unemployment if you have to replace them, and the cost in both time and money to find a replacement quickly adds up.
2. Not Documenting Infractions
It’s not easy addressing performance or company policy concerns with an employee. Although it can be uncomfortable, it’s much more uncomfortable to have to address these issues in an unemployment claim appeal hearing when you try to prove the employee was discharged for cause. The first steps are having clear performance expectations in your job descriptions as well as an employee handbook outlining organizational policies. Then create a performance review to discuss any concerns with an employee, and address the steps they can take to improve. And any infractions must be documented in writing, including:
Finally, don’t wait to have the conversation! It’s easiest to provide immediate feedback and point to a distinct occurrence rather than try to explain later on “Remember that one time…” Do it now, and you’ll thank yourself later.
3. Not Knowing Basic HR Rules
If you don’t have someone with acute knowledge of the laws around the following HR laws, make sure you get acquainted with the rules or have a certified HR professional to help you:
Ignoring these laws can lead to costly legal concerns and thousands of dollars wasted. Download the 36 Critical HR Processes, and learn more about UST’s live hotline with SPHR and PHR certified HR professionals.
4. Not Knowing the Difference Between Contracted, Volunteer, Part-Time, and Full-Time Employees
The U.S. DOL has strict rules around Independent Contractors and Volunteers. Not only do you need to be aware of the rules around pay and benefits, you should know who is eligible to collect unemployment benefits. Independent contractors may file for unemployment, and you need to be able to prove he or she is not an employee of your company.
Here at UST we know it’s not easy managing the most important part of your organization: your human capital. Having the right employees can make or break your mission, and so can following the proper HR procedures. Interested in learning more about our tools for nonprofits? Find out about Unemployment Claims Administration and our HR Hotline.
But finding and hiring highly engaged employees is difficult. You might ask – How can an employee be “engaged” before they’re even hired? Well, the highly engaged employee is often a person who simply leans in that direction in all parts of their life. That’s why finding them is so important for your nonprofit – because it’s easier to help an engaged employee thrive than to try to build one from the ground up.
Here are some signs of a motivated personality when you’re looking at hiring, or even internal development:
1. They don’t expect their organization or their leaders to provide all the stimulation in their workday or their job. They seek out new opportunities to engage in their job on their own. Complaining about a former manager or job not providing enough work satisfaction in an interview can be a red flag that they didn’t take that extra step to engage themselves at their previous job.
2. They know their performance speaks for itself, and they’re not worried about what their organization can give them, but rather about what they can give to their organization. They have a low sense of entitlement. (Although rewarding and recognizing them is important to keeping them engaged!)
3. They help inspire others to love your mission, including clients and volunteers. They can’t help but be excited about what they’re doing and that translates to others.
4. They are engaged despite the conditions around them. Even if their last job wasn’t perfect, they found ways to be engaged. And even motivation in other places of their life can show an “engaged” personality – like running a 5k to help a local dog shelter. Your job is simply to foster this engagement at work.
5. They enjoy shaping their own outcomes – and the outcomes of your organization. Being a voice in the direction of your organization, whether it’s something small like finding a better way to file invoices, or more strategic like new ideas for an annual campaign, they will feel happiest when they can give something to your organization.
6. They like to stretch the limits. This can be uncomfortable for leaders, but allowing engaged employees to think outside of the box can lead to some amazing results. And sometimes listening and showing you are truly interested in their input, even if it doesn’t get used in the end, shows that this behavior is not only welcome, it’s appreciated – and it should be!
A: The employer should contact the Employee Assistance Program (EAP) directly and request a review of the process for making referrals. In general, during the implementation process, the EAP provides the contracting employer with that information so that employees and employers have a clear understanding of the services the EAP can offer employees and the process by which the employer can make referrals to the service. This service typically includes employer assistance so that employers may communicate directly with the EAP counselor to provide a “heads up” to the counselor regarding the performance issue and obtain guidance for handling the discussion with the employee. Then the employer can have the performance discussion and refer the employee to the EAP as part of the action plan for performance improvement. Discussions between the employee and the EAP are confidential, and the employer should not expect feedback from the EAP regarding those discussions.
While the employer can make the referral, it is ultimately an employee’s choice whether or not to contact and work with the EAP. If the employee chooses not to seek help or address the issue that led to the referral in the first place and performance does not improve, then the employer should follow its progressive disciplinary process, including corrective action up to and including termination of employment.
Question and Answer provided by ThinkHR. Learn more about how your nonprofit can gain access to their expert HR staff here.
Here are a few ways you can maintain an ethical culture at work:
Because nonprofits are often small organizations working in a small sector, their reputations are precious. Creating and implementing a strong ethical culture where employees maintain integrity will improve internal morale and help the overall business grow.
Learn more about how to encourage strong ethics within a work environment here.
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This Privacy Policy and the Terms of Use for our site is subject to change.
UST maintains a secure site. This means that information we obtain from you in the process of enrolling is protected and cannot be viewed by others. Information about your agency is provided to our various service providers once you enroll in UST for the purpose of providing you with the best possible service. Your information will never be sold or rented to other entities that are not affiliated with UST. Agencies that are actively enrolled in UST are listed for review by other agencies, UST’s sponsors and potential participants, but no information specific to your agency can be reviewed by anyone not affiliated with UST and not otherwise engaged in providing services to you except as required by law or valid legal process.
Your use of this site and the provision of basic information constitute your consent for UST to use the information supplied.
UST may collect generic information about overall website traffic, and use other analytical information and tools to help us improve our website and provide the best possible information and service. As you browse UST’s website, cookies may also be placed on your computer so that we can better understand what information our visitors are most interested in, and to help direct you to other relevant information. These cookies do not collect personal information such as your name, email, postal address or phone number. To opt out of some of these cookies, click here. If you are a Twitter user, and prefer not to have Twitter ad content tailored to you, learn more here.
Further, our website may contain links to other sites. Anytime you connect to another website, their respective privacy policy will apply and UST is not responsible for the privacy practices of others.
This Privacy Policy and the Terms of Use for our site is subject to change.
Many managers lack fundamental training in managing people. More importantly, they lack the values, sensitivity, and awareness needed to interact effectively with their staff which affects the company as a whole and causes the bottom line to suffer.