Episodes

  • 148: Type A Personalities Unite! | When Nonprofits Should (Or Shouldn't!) Use PEOs for Their HR with Jess Holst

    148: Type A Personalities Unite! | When Nonprofits Should (Or Shouldn't!) Use PEOs for Their HR with Jess Holst
    Oct 2 2025

    Think a PEO will solve all your nonprofit’s HR headaches? Not so fast — the fine print might surprise you.

    In this episode, I’m joined by HR consultant Jess Holst from Aligned HRC to answer a listener’s question about whether a professional employer organization (PEO) is the right solution for their growing nonprofit.

    Real Listener Question: “We’ve grown from four employees to nearly twelve. I’ve been handling payroll and HR myself, but it’s becoming too much. A board member suggested a PEO, but it feels too good to be true. Should we do it?”

    PEOs get sold as a one-stop HR solution, but the reality is more complicated. Jess Holst and I unpack the promises versus the pitfalls: from hidden compliance traps, to the limits of what PEOs actually cover, to the unexpected costs that nonprofits often don’t see coming. We also explore alternatives like fractional HR support and how to make smarter choices about employee benefits.

    What You'll Learn:

    • What a PEO actually does — and what it doesn’t
    • The real reason many nonprofits consider a PEO (hint: health insurance)
    • Why compliance gaps and hidden costs can make PEOs risky
    • How pairing a PEO with fractional HR could be a smarter move
    • Why shopping with a benefits broker might save you more than a PEO
    • How to know when your nonprofit is ready for outside HR help

    Bottom line: A PEO isn’t a magic HR fix. For some nonprofits, it might be a tool. For many, it’s a costly distraction. What matters most is building a strong HR foundation — whether that’s with fractional HR support, a trusted benefits broker, or a thoughtful plan for growth.

    Resources from this Episode

    • Learn more Jess and Aligned HRC: https://alignedhrc.com/
    • Previous Episode: Are Nonprofit DEI Initiatives Illegal? with Megan: https://birkenlaw.com/charity-therapy-podcast/ct147/
    • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/09/CT148_Transcript.pdf

    Connect with Us

    • Jess Birken: https://www.linkedin.com/in/jessbirken/

    Listen & Engage

    • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
    • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
    • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

    Stay Connected

    • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
    • Follow us on Facebook, Instagram, Twitter
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    20 mins
  • 147: Keep Doing You, Boo | Are Nonprofit DEI Initiatives Illegal? With Guest Megan Fuciarelli

    147: Keep Doing You, Boo | Are Nonprofit DEI Initiatives Illegal? With Guest Megan Fuciarelli
    Sep 18 2025
    Worried your nonprofit’s DEI programs might be illegal now? You’re not alone — and I can bet you won’t be able to find the right answer on social media. In this episode, I’m joined by Megan Fuciarelli from US2 Consulting to dig into what the latest EEOC guidance actually means for nonprofits trying to foster inclusion. Real Listener Question: “My nonprofit has employee resource groups (ERGs) for LGBTQ+, Latinx, Black, and AAPI staff. They’re popular, but I heard the EEOC says they might count as discrimination now. Do we need to shut them down, or is there a way to keep them safely?” New EEOC guidance has nonprofits questioning whether DEI work — especially ERGs and affinity groups — puts them at legal risk. Megan and I break down what the rules really say, what’s changing, and how nonprofits can protect themselves without abandoning their values. We also dig into the difference between ERGs and affinity groups, what’s safe, what’s risky, and why “don’t panic” should be your new mantra. What You'll Learn: What the new EEOC guidance actually says about workplace DEI initiativesThe key legal differences between ERGs and affinity groupsHow to structure ERGs to stay compliant while fostering inclusionWhy shutting everything down out of fear might not be the right moveHow executive orders, memos, and guidance impact nonprofit policiesWhy reviewing your internal policies and documents is critical right nowHow to keep advancing DEI goals while reducing legal risks Bottom line: You don’t have to throw out your DEI work just because the rules are shifting. With clarity, intention, and the right structures, your nonprofit can keep doing the work that aligns with your values — and stay compliant. Resources from this Episode Learn more about Megan and US2 Consulting: https://us2consulting.com/Read the EEOC guidelines: https://www.eeoc.gov/wysk/what-you-should-know-about-dei-related-discrimination-work and https://www.eeoc.gov/what-do-if-you-experience-discrimination-related-dei-workPrevious Episode: Why Record Retention & Data Management Systems Matter for Nonprofits: https://birkenlaw.com/charity-therapy-podcast/ct146/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/08/CT147_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/Megan Fuciarelli: https://www.linkedin.com/in/meganfuciarelli Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon MusicRate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ Follow us on Facebook, Instagram, Twitter
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    23 mins
  • 146: Groaning & Moaning | Why Record Retention & Data Management Systems Matter for Nonprofits

    146: Groaning & Moaning | Why Record Retention & Data Management Systems Matter for Nonprofits
    Sep 4 2025
    Think your nonprofit’s old emails and files are harmless? Think again. What you keep — and what you don’t — could save or sink your organization. It’s Jess Birken here, and I’m back with my co-host Meghan tackling a topic that sounds boring but is way more important than you think: data retention policies and how they protect your nonprofit. Real Listener Question: “I work at a nonprofit that serves trans youth. If the government starts targeting nonprofits, what can we do now to prepare and protect our data?” If your organization collects sensitive participant info, donor data, or internal records, what you hold onto could be putting you at risk. From lawsuits to government inquiries, the wrong data strategy can leave you vulnerable. Meghan and I dive into why your nonprofit needs a data retention policy, what you should keep, what you should delete, and how to plan for changing political climates without panicking. What You'll Learn: Why keeping everything forever could actually make your organization less safeThe seven-year rule of thumb for retaining records (and when to go shorter or longer)How to protect sensitive participant data in politically charged mission areasWhat to do before you purge anything — and the legal traps to avoidHow to set up a “threat-level” data plan when government scrutiny ramps upWhy email hoarding could come back to bite you and how to clean it up smartly Bottom line: Your data is both an asset and a liability. A clear data retention policy protects your nonprofit, your people, and your mission — and the best time to start is now. Resources from this Episode Listen to Episode 89 to learn about conflicts of interest: https://birkenlaw.com/charity-therapy-podcast/ct089/Get a data retention policy for nonprofits here: https://birkenlaw.com/dataUse our data retention policy app here: https://birkenlaw.com/mg-document-app/records-retention-policy/Previous Episode: Breaking Down the IRS Changes for 501(c)(3) Status for Churches: https://birkenlaw.com/charity-therapy-podcast/ct145/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/08/CT146_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/ Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon MusicRate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ Follow us on Facebook, Instagram, Twitter
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    19 mins
  • 145: Astronauts vs. Scuba Divers | Can You Convert a Failing Business Into a Nonprofit?

    145: Astronauts vs. Scuba Divers | Can You Convert a Failing Business Into a Nonprofit?
    Aug 21 2025
    If your business is struggling, can you save it by turning it into a nonprofit? Short answer: probably not. It’s Jess Birken here, and I’m back with my co-host Meghan tackling a super common question from business owners who think running a nonprofit might be an easier path. Real Listener Question: "I'm an instructor at a small figure skating school. It's been around for 30 years, but we're not making ends meet. The current owner doesn’t want to run it anymore. Can we convert it into a nonprofit so we don’t have to make a profit or have an owner?" We hear this one a lot. A business isn’t working, and people assume nonprofit status will solve everything. I mean, it’s right in the name – you don’t have to make a profit, right?! Meghan and I walk through why this logic doesn’t hold up, the realities of converting to nonprofit status (hint: you can’t), and what it really takes to start and sustain a nonprofit. If you’re dreaming about skipping taxes and raking in grants, this episode will help you get real about what actually works. What You'll Learn: Why you can’t convert a for-profit business into a nonprofitWhat nonprofit status actually means and why it’s not a business modelWhy fundraising isn’t a magic solutionHow conflicts of interest complicate nonprofit governanceWhat to do before starting a nonprofit if you're serious about itWhy starting a nonprofit requires a plan, not just a tax filingWhat to think about if your org isn’t financially viable right now Bottom line: Nonprofit status isn’t a quick fix. If your current business model isn’t working, you need to solve that problem first — not just switch IRS categories and hope for the best. Resources from this Episode • Listen to Episode 89 to learn about conflicts of interest: https://birkenlaw.com/charity-therapy-podcast/ct089/ • Check out my friend Steve Boland's podcast at Next In Nonprofits: https://www.nextinnonprofits.com/podcast/ • Previous Episode: Breaking Down the IRS Changes for 501(c)(3) Status for Churches: https://birkenlaw.com/charity-therapy-podcast/ct144/ • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/08/CT145_Transcript.pdf Connect with Us • Jess Birken: https://www.linkedin.com/in/jessbirken/ • Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/ Listen & Engage • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review" • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story Stay Connected • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ • Follow us on Facebook, Instagram, Twitter
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    18 mins
  • 144: Pretending It's 1995 | Breaking Down the IRS Changes for 501(c)(3) Status for Churches

    144: Pretending It's 1995 | Breaking Down the IRS Changes for 501(c)(3) Status for Churches
    Aug 7 2025
    Have you heard? The IRS just gave churches the green light to endorse political candidates. It’s Jess Birken here, and I’m back with my co-host Meghan to dig into a recent IRS policy change that could shake up the nonprofit and political landscape. Real Listener Question: Not a listener question this time — Meghan brought the heat herself: “Did the IRS really just say churches can endorse political candidates from the pulpit? What does that mean for everyone else?” This episode covers some breaking nonprofit news (well, as breaking as it gets around here). The IRS just shifted how it interprets the Johnson Amendment — and the result is that churches can now legally endorse candidates if it's “in connection with religious services.” That’s a big deal, not just for religious orgs, but for how money moves in campaigns and the broader nonprofit world. Meghan and I unpack what this ruling really means, how it might impact campaign finance, and why it feels like the rules suddenly don’t apply equally anymore. What You'll Learn: What the Johnson Amendment is and how it used to workHow a recent court filing changed enforcement for churchesWhy this doesn’t apply to other nonprofitsHow this opens the door to new forms of dark money in political campaignsWhy this matters even if your nonprofit isn’t religiousWhat the potential downstream effects might be in campaign financeWhy transparency is the real issue underneath it all Bottom line: This isn’t just about churches. It’s about the integrity of the nonprofit sector and the role transparency plays in public trust. If you care about clean campaigns and nonprofit accountability, you should be paying attention. Resources from this Episode • Learn more about the IRS changes to the Johnson Amendment: https://www.npr.org/2025/07/08/nx-s1-5460886/irs-now-says-pastors-can-endorse-political-candidates • Hear our convo about the new IRS commissioner in episode 139: https://birkenlaw.com/charity-therapy-podcast/ct139/ • Previous Episode: What Happens If You Don't Do the Nonprofit Filings?: https://youtu.be/vxSB2wlR9N0?si=lmHHWL_dJU8R6Zia • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/07/CT144_Transcript.pdf Connect with Us • Jess Birken: https://www.linkedin.com/in/jessbirken/ • Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/ Listen & Engage • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review" • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story Stay Connected • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ • Follow us on Facebook, Instagram, Twitter
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    16 mins
  • 143: Anonymized Juicy Gossip | What Happens If You Don't Do the Nonprofit Filings?

    143: Anonymized Juicy Gossip | What Happens If You Don't Do the Nonprofit Filings?
    Jul 24 2025
    What would you do if you inherited a nonprofit… with 20 years of missing paperwork? It’s Jess Birken here, and I’m back with my co-host Meghan to dig into one of the messiest listener questions yet. A nonprofit has been operating off the radar for decades, and it's time to figure out what happens next. Real Listener Question: "I just took on the treasurer role for a family nonprofit, but nothing’s been filed since 2005. The bank account is still under the name of a deceased board member. I’m wondering if I should just start over with a new nonprofit. Is that even possible?" This kind of thing happens more often than you’d expect. A well-meaning person takes on a board role and discovers the organization hasn't filed anything in decades. In this episode, Meghan and I unpack what to do when you find yourself in a nonprofit compliance nightmare. We cover how to figure out what kind of legal entity you’re actually dealing with, how to protect yourself, and how to decide whether to clean up the mess or start fresh. If you're the one caught holding the bag for a nonprofit with a messy past, this one's for you. What You'll Learn: Why nonprofit compliance is more complicated than for-profit businessesHow to tell if your organization is really a 501(c)(3)What happens when a nonprofit operates without filing for yearsWhen it makes more sense to start a new organization than try to fix the old oneWhy board training is essential, even for small nonprofitsWhat every board member should ask before agreeing to joinHow to stop stressing about the past and start moving forward Bottom line: If you inherit a messy nonprofit past, you are not alone. You can’t fix everything that came before you, but you can take charge today and make sure the future is solid. Resources from this Episode Nonprofit Health Check Up Tool: https://form.jotform.com/jessicabirken/nonprofit-health-check-upWhat Does It Mean To Be A Nonprofit Board Member? Article: https://birkenlaw.com/charity-therapy-podcast/what-does-it-mean-to-be-nonprofit-board-member/Previous Episode: What Happens When Your Nonprofit IRS Status Is Revoked: https://birkenlaw.com/charity-therapy-podcast/ct142/Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/07/CT143_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/ Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon MusicRate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signupFollow us on Facebook, Instagram, Twitter
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    23 mins
  • 142: Someone Get Me a Flux Capacitor! | What Happens When Your Nonprofit IRS Status is Revoked

    142: Someone Get Me a Flux Capacitor! | What Happens When Your Nonprofit IRS Status is Revoked
    Jul 10 2025
    Your nonprofit's 501(c)(3) status just got revoked – now what? Don't panic! Your organization still exists, but here's what you need to know. It's Jess Birken here, and I'm back with co-host Meghan to tackle one of the most common (and scary-sounding) nonprofit disasters: losing your tax-exempt status. Real Listener Question: "Our 501(c)(3) was revoked last year, and we have a community cleanup event coming up. Can we still do this event? Are we open to more liability?" We're breaking down the biggest misconception about revoked tax status – your nonprofit doesn't disappear when you lose 501(c)(3) status! Plus, we're calling out "Uncle Larry" (you know, that volunteer who promised to handle your 990s for free) and explaining why delegation doesn't absolve board responsibility. What You'll Learn: Why nonprofits lose tax-exempt status – the "three strikes" auto-revocation rule What revoked status actually means vs. what people think it means Whether you can continue operations and events without 501(c)(3) status The real liability risks (spoiler: probably not what you think) Why your insurance policies don't automatically change when status is revoked Board responsibility for compliance – delegation isn't abdication How to move forward without beating yourself up over past mistakes Bottom line: Losing 501(c)(3) status is like changing your tax filing status from "married" to "single" – you still exist, you just need to get your label back. Remember: This happens to small nonprofits all the time. You're not alone, and it's fixable. Focus on moving forward, not beating yourself up. Resources from this Episode IRS Auto-Revocation Information: https://www.irs.gov/charities-non-profits/automatic-revocation-of-exemption Form 990 Filing Requirements: https://www.irs.gov/charities-non-profits/form-990-resources-and-tools Previous Episode: Can Trump Revoke Harvard’s Tax Status? - https://birkenlaw.com/charity-therapy-podcast/ct138/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/06/CT142_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/ Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon Music Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review" Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ Follow us on Facebook, Instagram, Twitter Share this episode with fellow board members who need this info!
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    19 mins
  • 141: Justice for the 8 Cents! | How to Communicate Nonprofit “Overhead” Expenses

    141: Justice for the 8 Cents! | How to Communicate Nonprofit “Overhead” Expenses
    Jun 26 2025

    Nonprofits - how do YOU communicate about the dreaded “overhead” expenses? You know that pie chart everyone uses to show how much money goes directly to programs? Yeah, I want to toss it out the window. We'll talk about why those “eight cents” on the dollar that cover essential administrative expenses are not wasted but actually crucial for keeping your nonprofit running smoothly.

    In this episode, we’re tackling a nonprofit pro’s question about updating an employee handbook. Should you hire a pro bono lawyer who DOESN’T do employment law or invest in an HR expert? Spoiler alert: Your uncle Larry, the PI lawyer, might not be the best fit here. It's all about making smart investments in your nonprofit's operations and HR to avoid headaches down the line. Trust me, you'll thank yourself later when you don't end up in a legal pickle.

    So, grab your headphones and join us for a lively chat about transforming how nonprofits communicate their spending to donors. We promise some laughs, a few rants, and a whole lot of practical advice. And remember, it's okay to spend money on things that keep your nonprofit running well! Let's rethink the way we tell our financial stories and embrace the true costs of running an amazing organization.

    In this episode, you will hear:

    • Why you need to delete that outdated nonprofit overhead pie chart

    • Whether pro bono is the right way to go with your employment law needs

    • Some of our recommendations for tools to keep up with all the changing HR rules

    • The real relationship between the back-office and your direct mission programming

    • How you can REALLY communicate success to your donors

    • What your fiduciary duties really have to do with all our worries about “overhead”

    Resources from this Episode

    Propel Article - A Graphic Re-Visioning of Nonprofit Overhead: https://propelnonprofits.org/blog/a-graphic-re-visioning-of-nonprofit-overhead/

    The Five Whys: https://en.wikipedia.org/wiki/Five_whys

    Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

    Facebook page: https://www.facebook.com/birkenlaw

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    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.
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    21 mins