Dani Robbins

Archive for the ‘nonprofit executives’ Category

What Nonprofits can do NOW

In Leadership, Non Profit Boards, nonprofit executives, Organizational Development, Uncategorized on March 29, 2020 at 5:49 pm

The job of a nonprofit executive is to ensure their agency will open tomorrow, or if it shouldn’t, to shut it down.

The list of things we don’t know and information we don’t have is long:

·         How long will this last?

·         How big of an economic hit will it be?

·         What will happen to the people we serve?

·         How can I protect my team and my agency?

·         How many of our donors will be impacted?

·         Will our foundations loosen the restrictions?

·         Will I get the Federal loan?

·         Will I have to lay off staff?

·         Will I get laid off myself?

·         Will I have to shut down this program that I love and have spent no small part of my life cultivating?

Then there’s the much more personal and terrifying:

·         Will I get sick?

·         Will someone I love?

·         How can I pay the mortgage without a job?

·         How can I protect my family?

We are all scared and varying degrees of angry, anxious, grateful, bored and terrified and, sometimes, how we feel changes by the minute.

Moreover, for those of us who have spent our lives in the field, sitting at home doing nothing makes us feel helpless. 

We are not helpless.  We are trained professionals.  Let’s get to work!

We are at an unprecedented point in leadership. Every decision we make will determine what happens tomorrow, even as we are aware that we are all making those decisions with limited information while standing on constantly shifting sand.

Many agencies are looking at cuts. “Leaders should start developing models and anticipate what levels of revenue drops may occur … even “as substantial variances are likely based upon the type of” organizations, relationship with state legislature, and historical financial models.” (The Great Recession Was Bad…)

Where to start? As always, you start with your values, your mission and your commitment to intentional aligned leadership.

I recommend the Board of Directors:

  • Set the priorities for 2020 and 2021
  • Determine the level of saving that needs to be realized
  • Approve the cessation of services that will no longer be offered
  • Determine how long you will continue to pay staff
    • for work that can’t billed
    • for services that can’t be offered
    • who may not be able to work
  • Set severance levels

The CEO:

  • Review your policies including sick time, family leave, and severance
  • Review your insurance, including short and long term disability
  • Make recommendations to the Board for policy revision, as necessary
  • Reach out to every funder and ask for special circumstances
  • Review and apply for forgivable loans
  • Plan out interim leadership for every critical role, including yours
  • Cheerlead
  • Sell the story

The finance team:

  • Clarify the staff that can do billable work (identified as work that will still generate revenue)
  • Identify staff that might have to be furloughed based on work that is unable to be done
  • Assess income that is unable to be realized

The development department:

  • get clarity around if the money that they’ve projected for this year is actually going to come in
  • Clarify if any money that has been pledged is available for operating or if it is restricted to other expenses
  • Consider asking if any and all restricted gifts can be used for operating
  • Consider asking all capital donors if you can use their gifts for general operating this year, as possible
  • Prepare an emergency funding campaign that clearly tells the story and the need for additional support
  • Prepare on-going communication with donors

Once the above is completed, I recommend:

The Board approve a staged step down, as necessary:

  1. easy expense reductions that can happen now
  2. reductions in the next round based on the priorities and the savings needed
  3. Worst case cuts to keep the organization solvent

Other points of note:

  • Pay cuts require a Board vote, even “voluntary” ones. 
  • The CEO should not forgo their own paycheck or lend money to the agency. You can, of course, donate back a portion of your paycheck. If you do, make sure it is your choice, aligned with your family’s circumstances, and follows your donor acknowledgement procedures. Three More Things to Stop Doing
  • If necessarily, individual Board members can lend money to the agency, with an appropriate paper trail.  If you do, I recommend paying yourself back not be your first order of business once the smoke clears.

That’s my list for today. Hopefully, you won’t need it. If you do, I wanted to get a framework out there in case it’s helpful. If you have a framework you’ve developed that you can share, please do. We will get through this, together. We will persevere!

As always, I welcome your insight, feedback and experience. Please offer your ideas or suggestions for blog topics and consider hitting the follow button to enter your email. A rising tide raises all boats.

Payroll Pain Points for Nonprofit Leaders

In Leadership, nonprofit executives, Organizational Development on August 14, 2019 at 7:24 pm

There are three payroll-related issues, really labor-related issues, that get nonprofits in trouble. They are: managing interns, exempt versus non-exempt, and contract services versus employees.

Let’s start with contract services. The financial difference between contract services and an employee is whether you pay payroll taxes or not. That’s not the only difference, but that tends to be the primary difference nonprofit leaders consider. It’s cheaper to hire contract service employees because the agency doesn’t have to pay the payroll taxes.

The challenge is that it’s not always legal to hire contract services employees. If you want someone to do direct service, if you want to control where they work, how they work, or the actual (not number of) hours that they work, you’re going to have to put them on the payroll. Contract services staff cannot be controlled in any of those matters. They can’t have a desk, they can’t have office hours (as defined as hours you expect them to be in the office), and you can’t control the work that they do.

You can give them a goal, and let them work towards the goal, but if you want to control how they get that work done, you’re going to have to pay them as an employee. This is also how nonprofits get into trouble with interns.

Nonprofits – and for-profits- primarily get into trouble with interns when trying to use interns to displace actual workers, inaccurately distinguishing unpaid interns from volunteers, or inappropriately classifying paid interns as contract services.  Here is the Department of Labor’s updated fact sheet.

Interns working for nonprofits can either be paid or unpaid, but they can’t be contract services. See the work requirements listed above for why. When you get this wrong, the Department of Labor can come in and require you to pay back taxes for every intern (employee) that was incorrectly classified.

Exempt and Non-Exempt actually means the exact opposite of what you think it’s going to mean. Exempt means exempt from the overtime law. Non-exempt means not exempt from the overtime law.

The laws are about job responsibilities and overtime- how people work, the roles they fill, how much control they have over that work (how independently they work) and their minimum salary and supervisory responsibilities. Leaders often confuse this with salary and hourly, and while that’s usually close enough to right, it’s not precisely right. You can still be salary and a non-exempt employee. You can still be hourly and an exempt employee. That’s not generally material to the issue, but it’s true.

The material difference, which is why and how nonprofits confuse it, is whether you’re responsible for paying overtime or not. Overtime is required to be paid for hours that are worked over 40 hours for an hourly non-exempt employee. In other words, vacation, sick time and holidays don’t count. You have to work more than 40 hours in one week to get overtime, but only if you’re non-exempt. As long as I’ve been in the field, nonprofit leaders have been confusing exempt and non-exempt staff and who can serve as which.

The Obama administration’s goal of raising the salary of exempt staff to the lower $50ks further complicated the issue but that didn’t pass and it’s not the law right now. The current law requires a minimum of $455 per week (which is $23,660 and appallingly low, even for us) for exempt staff and still requires you to meet a set of criteria and have independent control over your work. This is scheduled to change on January 1, 2020 when it will go up to $684 per week and $35,568 per year. Direct service program staff, other than some supervisors, generally do not meet the threshold of non-exempt.

Here’s a fact sheet which includes the invitation to “see other fact sheets in this series for more information on the exemptions for executive, administrative, professional, computer and outside sales employees, and for more information on the salary basis requirement.”

When you get non exempt wrong, the Department of Labor can come in and require you to provide back pay for overtime for every employee classified incorrectly.

There are many lessons we have to learn the hard way, but this is not one of them. Do your homework, review your team, assess if people are in the right spots and if they’re not, move them. Better you do it now, than pay the price of doing it later.

What other payroll issues do you see? What have you gotten wrong? Please use the comment box or hit the follow button. A rising tide raises all boats.

%d bloggers like this: