UST helps 501(c)(3)s lower their unemployment costs & maintain HR compliance, providing resources to help refocus on mission objectives.

UST, a program dedicated to helping nonprofits ensure compliance and protect assets, today announces it has identified $2,839,940 in potential unemployment liability savings for 135 eligible nonprofits.

 

For 35 years, UST has been helping 501(c)(3) organizations exercise their exclusive nonprofit tax alternative, as allowed by Federal law, to pay only for their own unemployment claims which can save them thousands annually. Because they are no longer subsidizing for-profit companies in the state tax system, and are receiving expert claims guidance, UST members can efficiently manage their unemployment claims while mitigating liability.

 

“UST has continued to identify potential unemployment claims savings for multiple nonprofits across the United States,” said Donna Groh, Executive Director of UST. “It’s incredibly rewarding to know that the UST program continues to provide financial relief to such hard-working nonprofits and the communities they serve.”

 

UST offers exclusive access to a variety of resources, ranging from a live HR hotline and job description builder to e-filing capabilities and claims hearing support. By utilizing their dedicated claims representatives, cloud-based HR resources, and outplacement services, these nonprofits can refocus their saved time and money on what matters most—achieving mission objectives.

 

If you’re a 501(c)(3) looking for ways to help your nonprofit save money, benchmark your unemployment costs by filling out a free Unemployment Cost Analysis form today.

Question: Can we maintain a zero-tolerance marijuana use policy in our workplace if medical marijuana use is legal in the state?

Answer: Yes, you can. Employers have an absolute right to maintain a drug-free workplace and do not have to allow or tolerate drug use or intoxication in the workplace. Although some states permit the use of marijuana for both medicinal and recreational purposes, most state laws provide exemptions for employers to prohibit the use of marijuana in the workplace. If you maintain a drug-free workplace, then your employees may be subject to discipline and/or termination when working under the influence of marijuana (i.e., on-the-job intoxication). In states where marijuana use has been legalized for medical or recreational purposes, employers may elect to establish intoxication standards for marijuana metabolites, rather than imposing discipline for any presence of the drug. However, this standard must be applied consistently and regularly to all employees.

As of February 2016, marijuana continues to be an illegal drug under federal law (which trumps state laws), and employers are not required to permit on-the-job use of or marijuana intoxication by employees or applicants. You may discipline employees who are legally using marijuana under state law but who are in violation of your workplace policy, because under the law, employees are not protected from being fired for failing a drug test.

Alternatively, you may elect to accommodate your employee’s medical marijuana use, but the Americans with Disabilities Act (ADA) does not require you to reasonably accommodate current unlawful drug use. Employees who claim disability discrimination for their medical marijuana use may attempt to file under the ADA. However, the ADA excludes current illegal drug users from protection; therefore, employers are free to conduct drug tests on employees, subject to certain limitations, to detect the presence of illegal drug use.

Refer to your state’s laws on employer rights and medical marijuana law. Additionally, you may want to update your policies to ensure you are clear about whether you will accommodate marijuana use in the workplace and the subsequent action should an employee be found using marijuana.

Finally, keep in mind that this issue can be complicated. When in doubt, seek legal counsel to ensure compliance.

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.

Transportation benefits can be a great employer-incentive to offer employees. Whether it be for public transit or public parking—these benefits can be paid to a 3^rd party transit or parking company or directly to employees. However, due to the latest federal legislation known as the Tax Cuts and Jobs Act, employers may no longer deduct transportation fringe benefits as their own deductible business expenses. When it comes to nonprofit employers that provide this benefit, they are required to report and pay the tax on the value provided as taxable “unrelated business income.”

So what specific impact does this act have on nonprofit employers? This Act requires an unrelated business income tax “UBIT” on nonprofit organizations for providing transportation fringe benefits. If a nonprofit employer uses some of its revenues to pay for employees’ transportation benefits, then such revenues will be taxed to the employer. In addition, these nonprofit revenues would not otherwise be taxable, given the nonprofit’s tax-exempt status. This change is meant to level out the employer tax—providing more of a unity between taxable and non-taxable employers in terms of taxable income to the employer. 

A UBIT is the income a 501(c)(3) nonprofit organization can generate from a trade or business that is commonly carried on by the organization and is not related to the organization’s exempt purposes.  Prior to the Act, a 501(c)(3) nonprofit organization’s unrelated business income was subject to a tax rate determined under a marginal rate structure in which the lowest tax rate was 15% and the highest tax rate was 35%. This Act removes this marginal rate structure and offers a flat rate of 21% on unrelated business income. With that being said, a 501(c)(3) nonprofit organization’s expenses related to the provision of qualified transportation benefits will now be subject to the flat UBIT rate of 21%.  

For the nonprofit sector, treating transportation fringe benefits as unrelated business income will likely result in new reporting and potential tax liability implications.  Also, the IRS has not provided any specific instructions on the estimated payment requirements for taxes associated with transportation fringes. Until additional information is given, it would be in the organizations best interest to follow current standard procedures for tax payments that are associated with Form 990-T.

Stellar recruiting and retention strategies are key to a nonprofit’s growth, but sometimes those solutions do not align with budgets. With the increasing rate at which talent moves through the nonprofit sector, it’s more important now than ever to reinvent the wheel when it comes to investing in employees.  

There are more and more people seeking to serve a higher purpose and one of the ways they see to accomplish that is to grab an opportunity to craft a mission-driven career.  If the nonprofit sector can’t demonstrate that they offer viable career opportunities within a strong organizational culture, they will miss the chance to cultivate future talent. The biggest talent acquisition challenge nonprofits face is limited budgeting but it’s important to remember that at the end of the day it’s the people that fuel the nonprofit sector – not just the donors and the volunteers but most importantly, the people who work for you.

Gaining a better understanding of how the leaders in your organization think about the development of talent, will allow you to start aligning those ideas with the overall goals of the business. Focus on your assets and what opportunities as a whole your organization has in its sights and commit to those aspirations by investing in the people. Creating an effective workplace isn’t just about compensation. Employees consistently rank company culture, leadership, career growth and work-life balance right up there with pay. The act of investing in talent sends a clear message that the company values its people by increasing morale, performance and retention.

You can make gradual improvements and see major results. Here are some things to consider:

• Allow a greater amount of decision making with managers
• More delegation with greater opportunities to learn
• Continuous feedback and positive encouragement
• Keep your team appraised of company progress and set backs
• Wellness programs

It doesn’t hurt to also consider how much philanthropic capital is routed to talent efforts? Review where your donors dollars are going and make a case to shift some of those funds if there is currently no talent investment already set up. Grantmaking needs to intentionally invest in talent to keep top talent engaged and start Initiating conversations regarding the value of employee retention.

People are the most important asset—driving impact, performance and sustainability in the sector. No matter your nonprofit’s budget, you can have a strong organizational culture even in this time of uncertainty and budgetary struggle. And in fact, if you hope to advance your mission, you must make these types of changes. Take the time to invest in your teams and systems to stay ahead of the talent curve.

U.S. employers added 223,000 nonfarm payroll jobs in May, compared with an average monthly gain of 191,000 over the prior 12 months. With the unemployment rate down to 3.8 percent—an eighteen year record low—the U.S. Bureau of Labor Statistics reported employment has continued to trend upward in multiple industries, including retail trade, health care and construction.

May marked the 92nd straight month of job growth in the U.S., with the number of unemployed persons declining to 6.1 million. Since the beginning of the year, unemployment rate has gone down by 0.5 percent, and the number of unemployed persons decreased by 772,000. 

The U.S. economy added 31,000 jobs in retail trade, with an increase occurring in general merchandise stores, building materials and garden supplies. Employment in health care increased by 29,000 and construction rose by 25,000 with a continual growth of 286,000 positions over the past 12 months. Both professional and technical services have shown a gain of 23,000 jobs and has increased by 206,000 over the year. Manufacturing employment has continued to grow during the month of May with 18,000 jobs—durable goods required due to an addition of 6,000 jobs in machinery. Employment in other major industries, such as wholesale trade, information, financial activities, leisure and hospitality and government, showed little to no change over the course of the month.

In May, average hourly earnings for all employees on private nonfarm payrolls rose by 8 cents to $26.92. Over the past 12 months, average hourly earnings have increased by 2.7 percent and the average hourly earnings of private-sector production and nonsupervisory employees increased by 7 cents to $22.59 in May.

With job openings being at a two-decade high, this is good news for the many young people who have recently graduated. However, there are still many working-age people on the sidelines of the job market. Though more people have joined the workforce in the first quarter of 2018 than in the first quarter of 2017, the share of prime-age workers who are employed still hasn't returned to where it was prior to the recession.

Effective communication in the workplace is an integral element to business success. It isn’t just about managing conflict, although an important benefit, good communication creates an environment that allows employees to be productive and highly effective.

The desire for human connections at work isn’t a new concept and long gone are the days when employees came into work and sat in front of a computer for an eight-hour stretch with little to no communication at all. Nowadays, more than ever, we get so caught up in the hustle and bustle of the day-to-day business that we forget to make time to connect with those around us. When employees come together for the pure enjoyment of one another’s company, they experience an increase in morale and commitment to each other as well as the company itself – keeping them engaged and positive.

Many of the conversations we have at work are naturally focused on the business – impending projects, upcoming events or deadlines and of course, those funding concerns as opposed to interpersonal conversations. However, if you want engaged employees who are committed to your nonprofits mission, we must pick our heads up out of our own busyness and acknowledge those around us. The desire to want to be noticed, valued and appreciated are all fundamental human needs, so just by facilitating more and better conversations through simple human interactions such as talking more, asking more and even thanking more, can help to strengthen your teams morale and loyalty.

Employees look forward to coming to work when they feel like they have something in common with their fellow co-workers or even better – have a valued friend at work. And while there are typically five generations in the workplace today – cross-generational connections can sometimes take time and effort. Ensuring there is time for relationship bonding through open communication can help your organization in unexpected ways. It also doesn’t hurt when they know they can talk to their boss about problems and feel heard.

Communication is about more than just talking, it’s about connecting with people -one of the most powerful benefits in the workplace. Effective workplace communication helps employees form highly efficient teams so start building strong relationships by reaching out and taking the time to connect in meaningful ways.

UST helps 501(c)(3)s lower their unemployment costs & maintain HR compliance, providing resources to help refocus on mission objectives.

 

Santa Barbara, CA (May 31, 2018) – UST, a program dedicated to helping nonprofits ensure compliance and protect assets, today announces that 70 nonprofit organizations from across the U.S. decided to join more than 2,200 of their nonprofit peers and enroll in UST’s cost-saving program.

For 35 years, UST has been helping 501(c)(3)s manage their unemployment claims in a safe, efficient manner. Whether a nonprofit is tax-rated or reimbursing, UST is here to help nonprofits manage their cash flow and streamline their day-to-day operations.  Just last year, UST found $2,839,940 in potential unemployment cost savings for eligible nonprofits.

UST’s newly added members now have exclusive access to a variety of resources, ranging from a live HR hotline and job description builder to e-filing capabilities and claims hearing support. By utilizing their dedicated claims representatives, cloud-based HR resources, and outplacement services, these nonprofits can refocus their saved time and money on what matters most—achieving mission objectives.

“With more than 2,200 organizations now participating in the Trust—and growing—I have no doubt that we can continue to provide our incoming members with the tools and education they need to further advance their missions,” said Donna Groh, Executive Director of UST.

If you’re a 501(c)(3) looking for ways to help your nonprofit save money, benchmark your unemployment costs by filling out a free Unemployment Cost Analysis form today.

Being on a nonprofit board can require you to wear many different hats and one of the most important aspects of being on a board is learning the budget approval process. Some board members come equipped with a business background—comfortable dealing with budgets and numbers. On the other hand, some may not have the same appreciation or knowledge base when it comes to understanding the financials.

Since each nonprofit organization has a different approach when it comes to handling their budget, there can be some confusion or differences of opinion amongst board members. Educating your board on the proper key terms, types of budgets and the different approaches, is key to ensuring the best decisions are being made on behalf of the organization.   

Here are a few key terms to understand when learning the basics of a budget and some specific terms used when discussing nonprofit budgets:

1. Cash basis: A method of recording transactions for both revenue and expenses only when the corresponding cash is received or payments are made.
2. Accural basis: Under the accrual basis of accounting, revenues are reported on the income statement when they are earned. 
3. Income-based budget: This budget requires a consistent income based around a particular period.
4. Zero-based budget: A method of budgeting in which all expenses must be justified for each new period.
5. Capital expenditures: Money that is spent by a business or organization on acquiring or maintaining fixed assets (i.e. land, buildings and equipment).
6. Depreciation: A reduction in the value of an asset overtime—due to wear and tear.
7. Fixed costs: A range of different types of business costs, such as rent, that are constant.
8. Variable costs: A cost that can vary in relation to changes in the volume of activity.

These terms will help your board increase its financial literacy by reducing the mystery of nonprofit budgets, financial reports and auditing. Since a budget plays such a vital role in a nonprofit’s ongoing financial viability, it’s important your board members can fully understand and approve such budgets.

Question: Which employers are required to maintain records of illnesses and injuries under the Occupational Safety and Health Administration’s (OSHA’s) recordkeeping and reporting regulations?

Answer: Employers that had more than ten employees at any time during the last calendar year are generally required to prepare and maintain records of serious occupational injuries and illnesses using the OSHA 300 Log. OSHA provides a partial exemption from the recordkeeping requirements for employers who had ten or fewer employees at all times during the previous calendar year and employers in certain low-hazard industries.

To determine if your company is required to prepare and maintain OSHA records, you will need to find your industry’s North American Industry Classification System (NAICS) code number using one of these methods:

• Use the search feature on the U.S. Census Bureau NAICS main web page.
• View the most recent complete NAICS tables on the U.S. Census Bureau NAICS main web page. Select the two-digit sector code and a six-digit industry code to read its definition.
• Use an old SIC code to find your NAICS code using the detailed conversion tables on the U.S. Census Bureau Concordances page.
• Contact the nearest OSHA office or state agency for help.

Once you have identified your industry’s NAICS code, you can use the Partially Exempt Industries Table to determine if your industry is exempt from the recordkeeping rule.

Important: States with OSHA-approved plans may require employers to keep records for the state, even if employers are within an industry that is exempted from doing so under OSHA regulations.

Unless your facility is municipal, state, or federally-owned, it is subject to OSHA regulations as long as it has employees. Having non-profit status or a small number of employees does not exempt a business from OSHA compliance

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.

One of the many benefits that come with having a designated person or team to handle all Human Resources related issues, is that it allows the organization to operate at its full potential—especially nonprofits. Due to the inherent nature and structure of nonprofits, they can run into challenges when it comes to certain HR tasks and if not handled correctly, the fulfillment of their mission might be hindered.

Nonprofit organizations primary focus is on the communities they serve and the causes they support. When you have an HR professional on your team, it eliminates the burden of you having to worry about whether or not your nonprofit is covered regarding the logistics of legal issues, management of compliance, etc., allowing you to focus on what matters most—your mission.

Along with managing the day-to-day legal and compliance issues that may arise, HR provides many additional benefits as well. Here are four ways HR can enhance talent management, employee retention and a work-life balance.

1. Finding the Right Employee: Hiring the right employee enhances your work culture, encourages high employee morale, positive thinking, future planning, and accomplishing professional goals. It also ensures that you are making the most of the time and energy being invested in a new employee and making sure, they are a good fit for the work culture.
2. Onboarding is a Must: Starting a new job is exciting, however, the unknown can be quite nerve racking. An onboarding process offers a more hands on approach then just handing a new employee an employee handbook and sending them on their way. This should be a time when an employee can ask one off questions and an HR professional can offer more information.
3. Creating a Career Plan: Offering your employees an opportunity to plan a strategy for how they want to move forward in their professional life is a great way to learn more about your staff. It’s a way to show your employees that you care and you want to see them succeed. The more you invest in your employees, the more likely they will do good work for your organization.
4. Employee Performance Reviews: While performance review methods and approaches can vary from organization to organization, universal principles about how to talk with an employee about his or her performance exist. It is important that the employee knows exactly what’s to be expected of his or her performance. These periodic discussions about performance need to focus on the significant portions of the employee’s job.

With the national unemployment rate steadily declining, and a substantial increase in expectations for competitive benefits and salaries, nonprofits are definitely feeling the squeeze—especially when competing against for-profit organizations for key staff members.

How can we overcome these challenges when funding support is steady at best, and often decreasing?

 

This  webinar will teach you how to:

• Attract stronger candidates and enhance their loyalty to your nonprofit
• Establish a path to compensation growth for valued front-line staff members
• Gain board support for increased compensation and investment in employee development

​​​​​Join Kathy Keeley, Executive Vice President, Programs and Senior Consultant at the Georgia Center for Nonprofits, to develop a framework for effective recruitment and retention strategies in the current workforce environment.

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

In an Effort to Provide More Robust and Readily Accessible HR and Unemployment Resources to the Nonprofit Sector, UST Launches a New Website that Acts as a One-Stop-Shop for Workforce Solutions.

Santa Barbara, CA (May 4, 2018) – The Unemployment Services Trust (UST), a program dedicated to helping nonprofits ensure compliance and protect assets, today announces the launch of their NEW website: www.chooseust.org.

For 35 years, UST has helped nonprofit employers to better manage their unemployment funding, maintain HR compliance and maximize employee bandwidth. WIth UST's recent revamp of the UST Support program, as well as the latest addition of UST's new insurance program, UST Secure, UST decided to give their webiste a fresh look and feel to mimic their evolving nonprofit services.

“We hope this enhanced website can serve as a one-stop-shop for nonprofit organizations nationwide—helping them to streamline day-to-day operations and stay on top of the latest best practices,” says Donna Groh, Executive Director of UST.

This new website will provide nonprofits the ability to readily navigate the many UST resources and tools that can help them reduce overhead costs, manage their claims and access HR & outplacement tools.

To determine which UST programs will best suit your needs, please submit a free Cost Analysis form today. (Use Priority Code "2018PR-LAUNCH" to expedite your request).

Having recently joined UST as a Customer Service Representative, Jenny is excited to now be working with nonprofit organizations. As for volunteer work, she’s a sucker for animals and spends as much time as possible supporting the cause during her downtime.

Outside of work, Jenny enjoys spending time with her boyfriend and her fur baby, Diego. They often venture out on hikes at the beach or in the hills and she and her boyfriend fancy exploring new restaurants and breweries when time allows. Jenny’s a huge baseball fan, the San Francisco Giants are her team of choice and she loves the fun rivalry sparred in a city of Dodger fans that just happen to include her boyfriend – that can make for some interesting dinner conversation. She also enjoys cooking and hitting the farmers market. She even worked as a baker/chef in a delicatessen for some time.

She’s a self-proclaimed adrenaline junkie and her enthusiasm for adventure has led her on some pretty impressive journeys. Just to name a few, she’s gone skydiving in Australia from 16,000 feet, repelled down mountains, did a 90-mile cattle drive on horseback mustering 200 head of cattle in Australia for two weeks straight, and rode Horseback through the Loire Valley in France that led to her and her family being in an Absolut Vodka ad – we have a celebrity in house. Not surprisingly, she has an extensive list of places she’d like to visit that include Greece, New Zealand and Italy. She’s already been to Australia three times and actually hopes to one day live there.

Jenny seems like an extremely busy person but she finds her Zen on the beach listening to the waves while reflecting on the things going on in her life. Something we should all get in the habit of doing.

Are you an adventurous soul?  Share your stories with Jenny @USTTrust with the hashtag #MeetUSTMondays!

Using a business model has grown to become an essential tool when making any business or financial decisions within the nonprofit sector. When incorporating a new business model, a few key components should be discussed to ensure the business model will not only provide financial stability but also further the growth of operations within your organization. Along with understanding the financial side of a new business model, it is important to factor in the daily tasks that occur in a business, including cash flow—money being transferred in and out of an organization. 

Cash flow can be simply defined as a movement of money within the organization’s accounts. It is where the numbers and financial reports show how the money has moved and how it’s been accounted for. When managing cash flow, the question you will be asked repeatedly is “When?” —when do you pay your staff, when will you be receiving a grant payment or  when is a particular bill due. And while all nonprofit business models are different in one way or another, they all rely on the “when” with the movement of money. 

When creating a nonprofit business model, there are two main components to factor in—what kinds of programs and services does your nonprofit offer to the community and most importantly, how are they funded. Each of these components require the understanding of organizational cash flow in order to have effective financial planning. To further understand what kinds of programs and services a particular organization offers, you would look at where and how money is being spent.

When looking at how an organization is funded, this can provide a better understanding of what’s to come in terms of cash coming into the business. If by chance the cash flow doesn’t quite match up with the services offered, this could be further explained by how the organization receives its funding. Each type of income varies based on certain implications and challenges for cash flow, so if a business model is built primarily around one type of funding, this will have to be factored into the structure of the business model.

Creating a smart and strategic business model requires you to be informed and collaborative in cash flow management. This will ensure that your nonprofit’s long-term strategy isn’t hindered by obstacles that could have been avoided. 

It’s no secret that people are more health conscious today than ever before. And over the last few years, business owners have gotten on board with a massive influx of corporate wellness programs being offered in the workplace. We’re talking everything from stability balls and standing desks to weight loss programs and opportunities to work from home.

It seems now, that employers are constantly looking for new ways to kick their corporate wellness programs up a notch. And the trends are getting more and more creative with companies expanding the definition of wellness through offerings that are much broader - improving the overall quality of their employees’ lives.

Some things are as easy as implementing standing desks as the standard – the kind you can move up or down so employees aren’t forced to do one activity or the other all day. While the debate continues over the health benefits, no one can argue that having the option to change your form throughout the day helps with muscle stiffness, brain fog and calorie expenditure.

Opportunities to work from home have rapidly become a hot trend but some organizations are still reluctant to let go of that much visibility. For many, it works like a well-oiled machine but for others, it ends up being one issue after another. You really have to take the time to evaluate your staff to see whether or not, they can handle that much responsibility – it’s definitely not for everyone but certainly worth doing the research.

At the top of the corporate wellness trends right now is “wellness technology”. Some companies are looking for ways to put all of that valuable information gathered by all those fitness gadgets to work. By working to keep corporate wellness offerings fresh, some employers are using Chatbots to help keep employees on track with their fitness goals.

Then there are those forward thinking companies who are looking to bring on the latest and greatest wellness programs for their employees. For example, one organization has an in-house masseuse available to their employees while another has a built-in office sauna. Others are subsidizing DNA kits, creating nap rooms, implementing vending machines with healthy snack options or offering an on-site Happy Hour at the end of the day.

It goes without saying that the possibilities are endless. Since workplace stress has become the biggest epidemic to hit corporate America in recent years—it is worth addressing internally through some form of wellness program that will help employees regain focus and energy. When employees don’t know how to manage their stress, not only is their work affected but so are the people around them. And the benefits of making your employees’ well-being a priority are endless – it can help with retention, reduce absenteeism and workers’ compensation claims, increase productivity as well as save your organization thousands in the long run.

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.

Exit interviews can be an extremely effective tool when done properly. By gathering meaningful information from a departing employee about their experiences with your organization, you can make improvements that could increase retention.  

 

Presented by Glassdoor and hosted by Christopher Lee, this on-demand webinar highlights the proper execution of exit interviews and their impact on the business. Christopher is the HR Manager for Epsilon with more than 10 years of experience helping businesses to meet their goals through employee relations, performance management and organizational development.

 

You’ll learn why the exit interview is so important, not only for the organization but also for the exiting employee, current personnel and future staff.

Watch the webinar recording today!    

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

Question: Can we provide summary plan descriptions (SPDs) electronically?

Answer: Yes. However, just sending them is not enough to meet ERISA requirements; you must ensure the intended recipients are actually getting them.

Specifically, ERISA requires SPDs to be furnished using “measures reasonably calculated to ensure actual receipt of the material” via “methods likely to result in full distribution.” Electronic delivery is one way to meet this requirement.

Any electronically delivered documents must be “prepared and furnished in a manner consistent with applicable style, format, and content requirements.” Therefore, it is a good idea to test the electronic document and make sure formatting and style are correct.

Unlike first class mail or hand-delivery options, electronic delivery does not work the same for all recipients. Instead compliance differs depending on whether the recipients:

• Can access the SPD through the employer’s electronic information system (such as email or intranet) located where they are reasonably expected to perform duties: Members in this group must use the employer’s computer system as an integral part of those duties. This covers employees working from home or who are traveling as well.
• Cannot access the SPD through employer’s electronic information system in their workspace (access to a kiosk in a workplace common area is not sufficient). This may include employees as well as non-employees such as COBRA participants, retirees, terminated participants with vested benefits, beneficiaries, and alternate payees: Members of this group must “affirmatively consent” to receive the documents electronically, provide an electronic address, and “reasonably demonstrate” their ability to access documents in electronic form.

Both groups of recipients must be notified of their rights to receive paper copies of the documents (at no charge), and reasonable and appropriate steps must be taken to safeguard confidentiality of personal information related to accounts and benefits. A best practice is for employers to ensure return-receipt or notice of undelivered mail features are enabled. Employers may conduct periodic reviews or surveys to confirm receipt as well.

Just emailing the documents or posting them on the company’s intranet or benefit administration portal is not enough. Each time an electronic document is furnished, a notice (electronic or paper) must be provided to each recipient describing the significance of the document.

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.

Employers added 313,000 jobs in February and the unemployment rate remained unchanged at 4.1 percent making the number of people unemployed the same at 6.7 million.

In February, the number of long-term unemployed was essentially unchanged at 1.4 million which  accounts for 20.7 percent of people that are currently unemployed. Overall, the number of long-term unemployed has been down by 369,000 for 2018. With the civilian labor force rising to 806,000, the labor force participation rate also increased by 0.3 percentage point to 60.4 percent in February.

The number of persons employed part time for economic reasons—referred to as involuntary part-time workers was changed slightly at 5.2 million. Also, these individuals, who would have preferred full-time employment, were only working part time due to their hours being cut or not being able to find jobs that offer full-time employment. In addition, the 1.6 million people that were marginally attached to the labor force only changed slightly compared to the year prior. With these individuals not being part of the labor force, they had either been available for work or looking for employment for the past 12 months.

The U.S. economy added over 50,000 jobs in construction, retail trade, professional and business services while Manufacturing increased by 31,000 jobs. Major industries like, wholesale trade, leisure and hospitality, and government showed little change over the course of the month. In February, average hourly earnings rose by 4 cents to $26.75, following a 7-cent gain in January. Over the year, average hourly earnings have increased by 68 cents/2.6 percent. The average hourly earnings of private-sector production and nonsupervisory employees increased by 6 cents to $22.40 in February.

This month’s job report highlights a winning combination of a large increase in job creation and a growing workforce revealing strength in our economy. In addition, the modest wage growth defused concerns that competition for workers was driving up salaries and igniting inflation.

The Internal Revenue Service (IRS) has begun its efforts to collect on Affordable Care Act (ACA) penalties by issuing Letter 226J to non-compliant businesses. There’s a chance you may have already received one of these letters.

With only 30 days to dispute the letter, having an action plan in place and ready to go is critical in order to protect your organization from costly penalties that could soar into millions of dollars.

Presented by Equifax, the market leader in ACA management, this on-demand webinar reveals best practices for responding to Letter 226J as well as when and how to submit a dispute. You’ll also gain a better understanding of why you received Letter 226J and how the IRS assessment was calculated.

Ensure your nonprofit is equipped with a plan should IRS Letter 226J arrive in your mailbox and watch the on-demand recording today!

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!

When looking to apply for future grants, GrantAdvisor can serve as a beneficial nonprofit resource for your organization. GrantAdvisor is an online service that allows for open communication between nonprofits and grantmakers by collecting authentic, real-time reviews and comments on the experiences grantseekers’ have when working with funders. Created to encourage a more productive philanthropy amongst grantseekers and foundations.

This service is designed to grant applicants, grantees, and others to share their first-hand experiences working with funders and for funders to respond on the record. With all feedback collected and shared anonymously, GrandAdvisor hopes this will encourage grantees to be transparent.  Once 5 reviews have been collected for a particular funder, the data will be shared publicly. This provides an opportunity for the foundation to respond to comments and to see how they are perceived in their field—not only as grantmakers but also as leaders and influencers. With this service, GrandAdvisor hopes to improve the relationships between grantmakers and grantees while strengthening the fields the funders work in.

GrantAdvisor is an initiative brought together by its’ project partners, Jan Masaoka, CEO of California Association of Nonprofits, Perla Ni, CEO of GreatNonprofits and John Pratt, Executive Director of Minnesota Council of Nonprofits. “One of the most important differences between nonprofit organizations, businesses and governments is the way they receive their funds,” said John Pratt. “The goal of GrantAdvisor.org is to elevate the reliability and depth of this external grant information through crowd sourcing, pattern recognition and public peer exchange to make the whole process clearer and more transparent.”

With their launch in June 2017, GrantAdvisor is currently available in California and Minnesota—new locations and partnerships are scheduled to be announced this year. We look forward to seeing wonderful things happen for this up and coming organization! To learn more about GrantAdvisor visit https://grantadvisor.org/

A UST partner since 1990, the Center for Non-Profits has been providing advocacy, resources and training to New Jersey nonprofit organizations since 1982 and is the only umbrella organization for all charities in the state.

Center for Non-Profit members receive a vast variety of services, resources and support that include:

• Advocacy – Educating state leaders, working closely with the media and encouraging New Jersey charitable organizations to advocate for themselves are top priorities for the Center but just part of what they do.

• Education – Offering a one-stop shop of resources that include nonprofit management, compliance, governance and advocacy are just the tip of the ice berg when it comes to how the Center works to educate all charitable organizations in the state. They also offer ongoing webinars and workshops that include lobbying, cross-sector collaboration, planned giving strategies and much, much more.

• Member Benefits – Cost saving resources for grant seeking, volunteer insurance, non-profit education, free job postings and unemployment rates plus opportunities for members to network and connect with other state nonprofits dealing with the same issues.

One the of the Centers partners in representing grant makers, Nina Stack, President of the Council of New Jersey Grantmakers, said it best - “For those of us who work in, work for, donate to and are served by nonprofit organizations in New Jersey, we are fortunate to have the Center for Non-Profits watching our backs and protecting our independence.”

For 35 years, the Center for Non-Profits has been New Jersey’s champion and “go-to” resource for and about the non-profit community.  They provide non-profits with expert guidance on management and compliance issues, professional educational opportunities through trainings and webinars, inspiration and dialogue through the state’s largest annual non-profit conference, while advocating for a strong non-profit community to leaders in government, business, philanthropy and in non-profits.  Members are eligible for additional benefits and special discounts. To learn more about the Center for Non-Profits visit http://www.njnonprofits.org/.

Question: Can we advertise for a specific gender for home health aide positions? (Some of our clients feel very strongly about having a same sex aide help them with their bathing and changing needs).

Answer: This question has been reviewed by the Equal Employment Opportunity Commission as it relates to employment discrimination, particularly in service and health-related professions. And while the courts have consistently ruled that employers in personal service firms cannot discriminate based on "client preference" relating to race or national origin, this issue of gender preference has been open to more interpretation. Here's why:

While Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of race (color), sex, religion and national origin, it does allow an employer to have hiring preferences based upon "bona fide occupational qualifications" (BFOQs).

Some employers have taken these BFOQs to mean that if a client or patient demands not to be taken care of by someone outside of the patient's race or nationality, then the employer could use the client's demand as a BFOQ. The EEOC and the courts have expressly said that race can never be a BFOQ and that there are very few instances where national origin could be a BFOQ (and those instances are generally around language barriers, not cultural or religious ones).

However, in the case of sex/gender, the courts have ruled that it is unlawful gender discrimination in employment for a healthcare employer to have a policy saying that female patients get only female caregivers while male patients may be assigned either male or female caregivers. However, a health care employer can honor a specific request from a patient for a same-sex caregiver, without violating the laws against discrimination, but only if the care to be given involves issues of intimate personal privacy, such as a patient's preference not to have an opposite-sex caregiver assisting with toileting or cleansing the patient's body. The courts have gone on to say, however, that there must be a request from the patient for a same-sex caregiver, rather than a blanket policy excluding opposite sex caregivers. The blanket policy initiated by the employer could lead to legitimate charges of gender discrimination.

We would encourage you to review the types of work your employees are doing for your clients and document the instances of intimate personal care where the client has requested an aide of a certain gender. Do not institute a blanket policy where female clients are attended by female aides and male clients by male aides. Review each situation on a case-by-case basis to ensure that there is no unlawful discrimination or discriminatory intent.

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.

As a nonprofit organization, working with a limited budget is a common and familiar task.  Any one organization can attest to the financial responsibilities and limitations that come with managing a budget for a nonprofit. In addition, monitoring spending in accordance with strict grant limitations can be challenging and may limit any new business ventures. Instead of pinching pennies, make sure you are reaching your financial goals by monitoring money and allocating funds for future business opportunities that could help your nonprofit flourish.

Most nonprofit organizations are familiar with providing products and services to their membership and or the community with minimal funding. When relying on inconsistent funding sources such as grants, donations, and membership fees, there may be times when money is tight and your organization has to question every expenditure in an effort to make every dollar count. While there is something to be said for being frugal, you also have the ability to stretch your dollars and make the most of every penny your organization spends.

Here are a few things to keep in mind while allocating your budget towards future business objectives:

• Clearly define needs vs. wants - With the continual integration of all things digital, it is important to make sure that your technology is efficient enough that each employee is able to do their job and reach their best potential.  On the other hand, assuming that each employee needs a third monitor may not be a necessary expense.
• Purchasing power requires education - People with purchasing power shouldn’t be left to wonder what they can and can’t spend money on. If your staff is unsure and constantly asking for approval before purchasing anything, consider reevaluating your training procedures. Staff members that need to make purchases should be aware of their limitations.
• Overhead shouldn’t dictate everything - When dealing with overhead, you shouldn’t have to spend your time minimizing costs to stay on your donors good side. To prevent this habit, it is helpful to demonstrate the necessity behind your purchases while being transparent with your donors.

When it comes to being financially responsible, it can vary based on the budget of your organization and the willingness to spend money on new business ventures. It all comes back to having a better insight into your finances and operations, which can help align financial activities with your strategic goals—essentially making your money work harder.

Are you frequently overwhelmed by your workload and flustered by the chaos that your desk has turned out? You’re not alone. Many of us feel buried every now and then – it’s  your busiest time of year, there’s new mail, invoices and or reports that end up on your desk every day and before you know it your desk looks like a tornado swept through it. The problem isn’t so much that your desk is messy but that important stuff gets lost. Beyond efficiency, the strain of disorganization can add unnecessary stress to your work day and cause mental exhaustion.

Reason dictates that those who are unorganized cannot be as efficient or as productive as those who are. There are some however, that know exactly where everything is. Some people may feel that a cluttered desk makes they appear busier while others feel a clean desk shows how efficient they are at getting the work done. Either way, the key is to work in a manner that allows you to be the most effective.

Whether you want a white glove worthy desk or just to bring some order to your work area, utilizing these simple tricks will get you on track in no time at all.

1. Prioritize your workload every morning. Create a to-do list and keep track of your projects on a week to week basis – this can go a long way in helping to stay focused on what’s most important. There are also many computer programs that allow you to set reminders that can be used in lieu of a spreadsheet.
2. Scan your overnight emails first. Reply to emails that can be handled quickly. Then, delete those irrelevant messages and handle the remaining in order of importance. This provides an immediate sense of accomplishment and prepares you to move into your workday with some structure.
3. Adopt the one-touch rule. One surefire way to prevent desk clutter is to deal with every piece of paper as it comes across your desk. Trash it, act on it, file it or – if you really must – place it in your inbox until you have time to deal with it.
4. Get an inbox and look at it every day. Having a place to leave pending items serves as an excellent reminder to get the task done.
5. Cut back on saving hard copies of everything. Nowadays, most businesses back up all business related files onto a company server at the end of every day. This makes savings those hard copies unnecessary unless there’s a legitimate reason to do so.
6. Straighten up your desk every night before leaving the office. By spending just a few minutes at the end of your day ensuring everything is in its place, you will alleviate any early morning stress when arriving to work. Organization is best done regularly versus waiting until it’s piled up so high, it will take hours to sort through.
7. Create a routine. Make it a habit to cover these steps every day and you will find yourself much more efficient than you could have imagined. It will allow for more time spent on the things that really matter. A routine ensures that each and every day you take consistent steps to rid yourself of mental and physical clutter.

If you are like most of us, you are going to spend the majority of your day at work. It’s essential to your organization and sanity to make your work space work for you so that it maximizes your efficiency.

In the nonprofit sector, technology has provided many advances and fine-tuned processes for communication, workflows and overall functionality in the workplace environment. It has also created more of an awareness and comradery around health and wellness. Having a workplace wellness plan is an effective way to engage and increase productivity at any nonprofit organization. Workplace wellness can include health-promoting activities or certain policies implemented to encourage healthy behaviors among employees. The ultimate goal of this plan is to provide employees with opportunities for better long-term health, especially in the face of rising chronic diseases.

Wearable gadgets such as the Fitbit or the Apple Watch can help monitor stress levels and heart rates. They can also aid in implementing fitness plans, making them an invaluable tool in encouraging workplace health. With most individuals already having access to smartphones, this will allow for easy accessibility to certain health and wellness apps.

Here are five ways technology can improve workplace wellness and health.

1)  Less sick days. The use of fitness and health-related apps and/or wearable gadgets can decrease employee absence due to health concerns, as well as encourage a better work-life balance.

2) Nonprofit savings. Encouraging workplace health and fitness with the use of technology can help decrease employer healthcare costs, especially in the face of rising premiums.

3) Less stress. While bringing a dog to work would be the ideal option to help reduce stress, your organization may not allow this due to pet allergies. A wearable, such as a Fitbit, can help to decrease employee stress levels through breathing exercises, leading to a more productive and healthy team.

4) Improves company morale. Tracking eating habits, dietary plans, and lifestyle choices with the use of certain apps can help you create a stronger workplace culture, encourage supportive relationships, and boost team morale.

5) Overall health awareness. Using wearable gadgets can decrease the seated lifestyle that often influences the present day working generations. Employees have the ability to track their physical movements and set reminders to stand when sitting for longer periods of time.

The goal for any nonprofit organization in adding a workplace health and wellness plan should be to alter the mindset and focus on the actions that encourage preventative care. If an employer can have a team focused on their health and limit their sedentary lifestyles, both the employer and the employee will thrive.