Hiring for Nonprofits: How to Find Good Staff With Little Cash

You’ve incorporated a nonprofit organization and now you need to find qualified staff to run it. Hiring for nonprofits is not the same as hiring staff for a profit corporation. For one thing, you’ll be working with substantially less money in your personnel budget than a private company of comparable size would have available.

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So how can you find and retain good quality people when you can’t compete with the salaries, stability and perks available in the corporate sector? You’ll need to think outside of the box and look at some alternative staffing sources to find the right people to fill the critical positions. Let’s have a look at a few non-standard employment relationships:

1. Hire people who will work for free.

Start with the directors of the organization. Your Board members are already working for free, and are obviously passionately devoted to the goals and objectives of the organization. Find out if any of the directors have any additional time they can donate to the cause, especially for tasks that can be done in just a few hours a week. But be careful to avoid terminal burnout of the Board – these are the most important advocates for the organization, you can’t afford to lose them.

Another source of free labor is volunteers. Every successful nonprofit depends on its core group of volunteers – they are usually the unsung heroes, the people who spend the most hours doing the largest percentage of the work just because they care. Check with your local media and business directories to find out if there is a volunteer database that you can access. If not, then put up posters, distribute leaflets, and advertise (for free) on the local community TV channel with information on how interested volunteers can contact you.

2. Find interested people who will work for less money.

Retirees are a good resource for nonprofits. They have built up a lifetime’s worth of skills and experience that you can draw upon, and they will often work for less money. Then there are those people who would rather work for a nonprofit than for a regular profit-oriented business – they have the “volunteer spirit” but can’t afford to work for nothing. Because of their passion for the cause, they will often  be willing to work for a reasonable wage that is slightly below what they would make in the corporate sector, as long as there are other advantages which offset the lower wages (benefits, swing time, etc.)

 3. ‘Borrow’ employees from another organization on a job-share basis.

Look for opportunities to share the services of a bookkeeper or other employee with another nonprofit, or with a for-profit corporation as a tax-deductible charitable contribution (if you have charitable status). Job sharing allows everyone involved to benefit – several nonprofits all have access to the employee’s skills and expertise, at less cost, and the employee earns the same wages (or more) as he/she would earn working for for-profit businesses.

4. Hire independent contractors whenever the situation warrants.

Certain projects will only require staff for the duration of the project. Retaining those staff as independent contractors instead of employees will save the organization a significant amount in terms of payroll taxes and withholdings. However, it’s a good idea to discuss this with a lawyer to make sure that your contract is clear as to the terms of the engagement, and what the legal ramifications of renewing the contract may be. A court may consider an employee whose contract has been renewed several times to be a permanent employee.

Independent contractors can also be retained on a full-time or part-time basis. Because they are self-employed, they are responsible for their own taxes and withholdings, and they generally are not eligible for holiday pay, sick pay, or other employee benefits. It’s important to know what the legal distinctions are between an employee and an independent contractor.

5. Offer flexible work options.

Flex time (or swing time) is a very attractive alternative for people who want to work but are only available during certain hours, for example, a stay-at-home mom who can only work in the morning while the child is in kindergarten. Flex time also works well for students, whose course schedules may be different from day to day.

Today’s technology makes it very easy for us to work from home, and having the option to work from home (telecommuting) is a great benefit for many employees, especially those with small children, aged parents, or other dependents.

6. Check out internship and co-op placement programs that will fund part of the salary.

Students seeking work experience will often apply for jobs with nonprofits through a college or university internship program or a government-funded work program. Many of these programs offer a wage subsidy as an inducement to the employer. These programs can be a good source of temporary personnel, and the subsidy will offset the wages. On the down side, the employees are usually only available during the summer.

Things to consider before you hire.

1. If you’re considering hiring an independent contractor, it’s important to understand that it’s against the law to do so just to avoid the higher costs of hiring that person as an employee. If a court determines that the person is in fact an employee and NOT an independent contractor, there can be serious legal penalties.

2. You should always use a written employment agreement, to clarify in writing what the terms of employment are. Have a lawyer review your contract forms and your hiring process to make sure they comply with current employment laws. You should also have your volunteers sign a volunteer work contract.

3. Conduct a hiring needs assessment to determine the true needs of each position. You may find that you need fewer people in one department than you originally thought.

4. Determine a salary pay scale for each position, based on the relative worth of the position to the organization. This will help ensure that all employees are compensated fairly, and will also allow you to see if the organization can afford to hire for each position, taking into consideration salary increases, cost of living adjustments, benefits and other employee costs.

Now that you’ve hired them, you need to keep them.

Most nonprofits implement a combination of employment relationships – full-time and part-time, temporary staff hired for specific projects, independent contractors, interns, and other contingent (as needed) workers. This mixture affords a nonprofit the opportunity to employ individuals with specialized skills at a significantly lower cost.

However, the turnover rate is high and there is a lower degree of employee loyalty due to lower wages and a lack of job security. High turnover rates can create difficulties in maintaining continuity of information and knowledge on each change-over in a position. And because nonprofits are often understaffed to begin with, remaining staff are burdened with the additional responsibilities of training, supervising and mentoring new employees.

But on the upside, most nonprofit employees have chosen this career because they are passionate about the work they do and the cause of the organization they work for. They want to create social change, provide valuable services, and attain the goals that are part of the organization’s mission.

Make sure your employees know how much they are valued. Include them in meetings and policy development. Keep the lines of communication open, and encourage their input. Above all, listen to what they have to say, because your employees are not here for the pay and the benefits – they’re here to make a difference.

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Why You Should Incorporate Your Nonprofit Organization

What is a nonprofit organization?

A nonprofit (or not for profit) organization is exactly what its name implies – it is an entity that uses any surplus revenues it generates in order to achieve certain goals, rather than as profits to be distributed among the shareholders. Under the laws of the United States, Canada, the UK, Australia and numerous other countries, a nonprofit organization is allowed to earn profit, but those profits must be used to further the goals of the organization, and not paid out in dividends to its members.

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A nonprofit corporation can be a charity, volunteer service organization, educational institution, medical and/or research facility, church or church association, museum, club, sports association (in certain circumstances) or a society.

In many countries, nonprofit organizations can apply for tax-exempt status to be exempt from paying income tax and certain other taxes (such as sales tax). In Canada, a nonprofit corporation must apply for charitable status to be tax-exempt and to issue tax deductible receipts to donors. In the United States, you must file an application with the IRS for exempt status.

What form can the organization take?

Each country has its own laws governing the form that nonprofits can take. In the US, for instance, that could mean a corporation, a trust, or an association. The entity may be run by the membership or by board only, meaning that the board of directors or trustees is in control, and the power of the members is limited to those delegated by the board.

Canada allows both incorporated and unincorporated nonprofit organizations, as well as a variety of charities, including public and private foundations. Charities must spend a certain percentage of their assets to maintain their charitable status, and they are not allowed to engage in political activities.

Do we need to incorporate?

It’s not necessary for a nonprofit organization to incorporate. Whether or not incorporation is the right choice for your organization depends on its activities, and the nature of the organization.

But there are advantages to incorporating. It creates a legal status for the organization. As a corporation, it will have all the rights, obligations, duties and freedoms that a natural person has under the law. Incorporating limits the liability of the members, meaning that they will not be personally liable and cannot be sued for the debts of the corporation. And because a corporation is a legal entity, it can own property, collect outstanding debts, start a lawsuit, open bank accounts, borrow money, and make investments in its own right.

What is required to incorporate?

Depending upon where the organization is based, you will require between 3 and 5 incorporators in order to incorporate a nonprofit corporation. Some or all of the incorporators will undoubtedly form the initial board and will do the work necessary to get the organization up and running, so they should be prepared for a lengthy commitment. Don’t kid yourself – this can take a long time and it can be very hard work. And remember, at the outset nobody’s getting paid either – you’re doing it because it’s for something you truly believe in.

You will need to make sure that the name you propose to use for the organization is available. Do a search with the appropriate government department (in the US, this is usually the Secretary of State, Division of Corporations) to ensure that no one else has registered the same, or a substantially similar, name. While you’re at it, find out what all of your incorporation fees will be, including the fees for reserving or certifying the name.

Prepare and file the Articles of Incorporation. In almost all cases, you can find a free downloadable form online, and often you can complete and file the form online as well. If you’re filing by mail or in person at the Corporations Division (or in Canada, at the Corporate Registry), be sure to include a copy of the Articles for certification, along with your letter of transmittal or instructions, and the required filing fees. Canadian nonprofits that are seeking charitable status must ensure that the Articles contain the required clauses for a charity. Check with Canada Customs and Revenue Agency for the current requirements, and to find out how long it will take for your application to be processed.

Now that we’ve incorporated, what do we do?

Once the incorporation is complete, you will need to set up a corporate minute book in which all of the incorporation documents and corporate records (minutes, resolutions, by-laws, etc.) will be kept. These are readily available from office supply stores and registry offices. The minute book will contain a standard set of by-laws, minutes of the initial incorporator’s meeting, minutes of the first meeting of members and the first meeting of directors. These should all be completed and signed as each of the meetings is held.

A pre-packaged minute book should also contain a Certificate of Membership form. The organization must issue a Certificate of Membership to each of the members, and a copy must be kept in the minute book.

You will need to find out what the legal requirements are in your state or province regarding annual meetings of members and directors, annual filings, and filing fees. If the organization has applied for charitable status, there will be additional ongoing requirements to be met in order to maintain that status. It’s a good idea to obtain a copy of the laws and regulations that govern nonprofit organizations in your area. Many of these are available online and can be downloaded for free.

If the corporation will be collecting sales tax, you will need a tax number. Check with the State tax department, or in Canada with Canada Customs and Revenue Agency, to find out if the organization will be exempt from state sales tax or GST. And if it will be hiring employees, you will also need to obtain a federal tax number.

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Is Your Vacation Property Paying for Itself?

For many people, a vacation home is the ultimate luxury. Especially if you have a favorite vacation destination, whether it’s the beach or the mountains or somewhere in between, a vacation property makes it easy to get away without giving up the creature comforts of home. However, many people are unable to justify purchasing a vacation home if they will only be using it for a few weeks out of the year.

Image: Simon Howden / FreeDigitalPhotos.net

However, there are options that can make a vacation property not only affordable, but profitable as well – without the risks of a time share. This is especially true if your vacation property is in a popular tourist destination, and even more so if you intend to use your vacation home during low or off-peak seasons. By renting out your vacation property when you’re not using it, you could recoup some of your costs, and possibly even make a little extra as well. And renting your vacation home is preferable to leaving it empty and vulnerable throughout the year, because it reduces the risk of break-ins and ensures that leaks, clogged drains and other potentially serious issues are dealt with quickly.

Making the choice to rent out your vacation property is not always an easy one. Chances are, the property is located a fair distance away from your year-round home, making it difficult to maintain the property, get it ready for renters, or handle the administrative tasks associated with renting. However, if you know someone in the area that you can trust, you can ask for their assistance in managing the property in your absence. Many real estate companies provide general property management services that are well suited to owners who wish to rent out their vacation homes.

If you’re thinking about renting your vacation property, there are a few things you should take into consideration. As with any rental situation, there is a degree of risk involved. Renters may cause damage to the premises and its contents, injure themselves on the property, or fail to pay rent as agreed. For this reason, it is important to ensure that you have all the necessary paperwork taken care of any time you decide to rent your property. Some of the important documents that you should consider are:

The rental application is a form that prospective tenants will fill out if they are interested in renting your property. This document commonly includes information such as the desired rental period, how many people will be staying in the property, and a preliminary rental agreement. In the event that you approve the application, a more formal vacation property rental agreement can be filled out that more clearly details the rights and responsibilities of the renter and the property owner.

A formal vacation property rental agreement contains provisions such as:

  • How and when the security deposit will be returned to the renter
  • Description of the property and items supplied, such as appliances, linens, etc.
  • Restrictions on the use of the property, such as smoking, pets, noise, guests
  • Fees payable for no-shows and cancellations
  • Limitation of the owner’s liability for injury, loss or damage to occupants and property.

A written rental agreement is important not only to prevent misunderstandings, but also to provide a legally binding method of protecting your property, and to reduce the risk of liability and damage claims.

A property management agreement comes into play if you decide to hire an agent to manage your property on your behalf. Property managers typically provide services such as:

  • Opening the property and providing keys for renters, and picking up keys and locking up at the end of the rental.
  • Cleaning, laundry services, restocking of supplies (toilet paper, soap, etc).
  • Regular maintenance and repairs, as required.
  • Regular security checks of the property when unoccupied.
  • Collecting the rentals and any other fees and charges (long distance phone calls, pay-per-view TV, etc).
  • 24/7 phone support for emergencies.
  • Arranging for removal of occupants who are not complying with the terms of the rental contract.

Whether or not you decide to use a property management service, it makes sense to have somebody that you can trust available to assist renters with checking in and out and to address any issues that may arise in your absence such as repairs, property damage, and so forth. You may also want to consider a landscaping / groundskeeping service to keep the property in good condition at all times.

A Waiver and Release protects you against legal claims made by the renters for loss of or damage to their personal belongings, or injury and even death suffered on the property that is not a direct result of your negligence or failure to uphold your obligations. Your rental agreement will typically have a release and indemnity provision, but if you’re renting to friends or family and are foregoing a formal rental agreement, you should at the very least have them sign a Waiver and Release form.

With the rising cost of transportation, people are looking for more affordable ways to enjoy a vacation. Rental properties such as cabins and cottages are becoming increasingly popular as they are generally more cost-effective than staying in a hotel and more comfortable for extended stays. This gives vacation property owners an opportunity to have their property pay for itself by generating revenues when they’re not using it.

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Can You Get Out of a Contract After You’ve Signed It?

We enter into contracts all the time, and for many reasons. Every time you order a service (utilities, phone, internet, wireless, cable, satellite TV), buy a membership or a subscription, purchase something online, hire a repair person to fix your car / toilet / furnace / etc., or lease a vehicle – you are entering into a contract for those services.

sailboat

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Let’s say you decide to buy a boat on the spur of the moment. Yesterday you signed the purchase and sale contract, but today you’re not so sure. Is there any way you can legally get out of it now? Maybe there is. Many countries, states, provinces and territories have laws in place to protect the rights of consumers and to ensure that they are well informed about the goods or services they are purchasing or leasing.

What are your rights?

Consumer protection laws differ from place to place. Some offer broader protections than others, and to be sure exactly what your rights are, contact your federal or state, provincial or territorial government to find out what your rights are. Under US law, the seller is required to give you a notice of your right to rescission (i.e. to cancel the contract) in any transaction which might result in a lien or security interest being placed on your home.

In most cases, once you’ve signed a contract, you’re bound by it and you can’t change your mind. However, under particular circumstances,  the law usually gives a consumer the right to cancel an agreement, for instance:

  • If the seller has made a false, misleading or deceptive representation about the goods or services.
  • If you are sent the wrong goods, or if the goods or services are not delivered on time.
  • If the contract is subject to a “cooling off” period (this is common with contracts for the purchase of higher priced items such as vehicles).
  • If you don’t receive a copy of the signed agreement.
  • If the contract does not fully disclose the details of the transaction, e.g. goods purchased, purchase price, taxes, financing charges and other fees, credit terms, interest rate, etc.

Consumer protection laws cover a wide range of purchase and credit transactions, such as vehicle purchases / leases and repairs, door-to-door sales, personal loans, timeshares, travel, furniture, franchises, investments, and new home or condominium warranties.

The right to cancel a signed contract is called a right of rescission. Make sure that you have the right to cancel by doing your research. If there is a rescission period that applies to your situation, it may be as short as 3 days or as long as 14 days, depending on the laws that apply where you live.

The right of rescission does not apply to all transactions. For instance, you cannot cancel a mortgage loan to buy or build your principal residence. And in general you cannot rescind a refinancing loan if it’s made with the same lender who made the original loan.

How do you find out if you’re protected by the law?

Many countries have consumer protection laws in place, including the United States, Canada, United Kingdom, Germany, Australia, New Zealand, India, the European Union, and Republic of China (Taiwan). In addition, many US states have adopted the Uniform Deceptive Trade Practices Act as a further layer of protection at the state level. To find out exactly what your rescission rights are, contact your state/provincial or federal government.

How can you cancel the contract?

Once you’ve determined that you can legally rescind the agreement, write a letter to the vendor or supplier telling them that you are cancelling the contract. Make sure that you email, fax or deliver the letter within the time limit set by the contract terms or by law. Keep a copy for your records. Here is a sample cancellation letter that you can download.

Within a legally mandated time period after the contract has been cancelled, the vendor / lender / supplier must refund all the money you paid as part of the transaction (deposits, downpayments, etc).

If you fail to exercise your right to rescind the contract within the time period and in accordance with the law, you must honor the contract and proceed with the transaction.

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