Épisodes

  • 151: Give Mark Your Crap! | When a PEO is a Good Fit for Your HR Needs with Mark Bromberg
    Nov 13 2025

    Nonprofit HR can be messy — but it doesn't have to be. Let's talk about when it's time to call in reinforcements (and what "reinforcements" actually look like).

    I sat down with Mark Bromberg, a Business Performance Advisor at Insperity and one of my favorite people to send clients to when HR headaches start taking over. We dug into what PEOs (Professional Employer Organizations) really do — and when they make sense for nonprofits.

    Real Listener Question: "Our professional association has seven employees. We're losing our CEO soon, and our board wants to consider alternatives. When does it make sense to have a PEO instead of a CEO or in-house HR support?"

    This is one of those big-picture nonprofit management questions that hits close to home for a lot of leaders. In this episode, Mark and I unpack what a PEO actually is (spoiler: not just payroll!), what a true co-employment model looks like, and why choosing the right PEO is more than a price comparison — it's a relationship.

    We also talk about how post-pandemic remote work complicates HR, why private equity moving into the PEO space should give nonprofits pause, and what "due diligence" really means before signing a PEO contract.

    What You'll Learn:

    • What a PEO is — and what it isn't
    • When outsourcing HR actually helps your nonprofit
    • How remote teams across multiple states complicate compliance
    • Why private equity's growing interest in PEOs matters
    • What to ask before choosing a PEO (hint: "Who owns you?" is fair game)
    • Why HR pros and PEOs can actually be a dream team
    • How to make sure your PEO relationship is an ethical, cultural fit

    Bottom line: Nonprofits don't exist to manage payroll, benefits, or compliance — you exist to change the world. The right PEO can help you do that, but only if you choose wisely and partner with someone who truly understands your mission.

    Resources from this Episode

    • Learn about Insperity: https://www.insperity.com/
    • Connect with Mark on LinkedIn: https://www.linkedin.com/in/markbromberg/
    • Previous Episode: GoFundMe Creates 1.4M Nonprofit Donation Pages Without Consent with Ephraim Gopin https://birkenlaw.com/charity-therapy-podcast/ct150/
    • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/11/CT151_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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    25 min
  • 150: All Press is Good Press? | GoFundMe Creates 1.4M Nonprofit Donation Pages Without Consent with Ephraim Gopin
    Oct 30 2025
    What happens when a for-profit giant "helps" nonprofits without asking first? Spoiler: chaos, confusion, and a lot of angry fundraisers. In this episode, I sat down with my good friend and fundraising pro, Ephraim Gopin of 1832 Communications, to unpack the wild story of GoFundMe auto-creating donation pages for 1.4 million nonprofits — without their consent. Real Listener Question: "What do we do if our nonprofit suddenly has a GoFundMe page we didn't create? Is that even legal?" When news broke that GoFundMe scraped IRS data to create "official" donation pages for nonprofits, my inbox blew up. In this episode, Ephraim and I dig into what this means for your organization — from donor confusion to legal implications — and why this so-called "help" might do more harm than good. We cover everything from the basics of what a good donation page should look like, to why this move could affect your nonprofit's SEO, compliance status, and even your donor relationships. What You'll Learn: What a solid, conversion-ready donation page really needsWhy GoFundMe's "auto-created" nonprofit pages are a huge problemHow this affects your branding, donor data, and trustWhy accepting those donations could mess with your state fundraising complianceWhether you should claim your page, delete it, or ignore it entirelyHow big platforms exploit "helping nonprofits" to make a profitAnd what to do right now if your org was affected Bottom line: Just because something is legal doesn't mean it's ethical. Nonprofits deserve respect — not to be treated like SEO bait. Whether you're claiming or deleting your GoFundMe page, make sure the donations that come in are on your terms. Resources from this Episode Read GoFundMe's statement about the nonprofit pages here: https://www.linkedin.com/posts/gofundme-pro_at-gofundme-our-mission-has-always-been-activity-7387176830908407808-3AXY?Connect with Ephraim Gopin: https://www.linkedin.com/in/ephraimgopin/Listen to our episode with Ephraim about Giving Tuesday: https://birkenlaw.com/charity-therapy-podcast/ct126/Previous Episode: How Many Times Should a Nonprofit Board of Directors Meet? https://birkenlaw.com/charity-therapy-podcast/ct149/Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/10/CT150_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ 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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    28 min
  • 149: Um, Actually... | How Many Times Should a Nonprofit Board of Directors Meet?
    Oct 16 2025

    If your board hasn't met in ten months, that's not just awkward — it's a big problem.

    In this episode, Meghan and I dive into a basic (but often overlooked) part of nonprofit governance: how often a board needs to meet, and what happens when it doesn't.

    Real Listener Question: "My wife joined the board of a small arts nonprofit, but they haven't met once in ten months. The executive director sends quarterly updates by email — that's it. Is that legal?"

    A board that never meets isn't really a board — it's a liability. Meghan and I talk about what state laws and bylaws actually require, what fiduciary duties board members are neglecting when they don't meet, and how to raise the issue without making enemies. We also unpack what counts as a real "meeting," why email updates don't cut it, and what to do if you're stuck on a board that's asleep at the wheel.

    What You'll Learn:

    • The bare minimum number of meetings a board should have each year
    • Why your bylaws matter more than you think
    • What fiduciary duties mean — and how ignoring them puts you at risk
    • Why a one-way email is not a valid board meeting
    • How to raise governance concerns without burning bridges
    • When (and how) to walk away from a dysfunctional board

    Bottom line: If your board isn't meeting, it's not leading. You can't fulfill your fiduciary duties by inbox — and sometimes, the bravest move is to speak up or step out.

    Resources from this Episode

    • Learn about fiduciary duties here: https://birkenlaw.com/cornerstone-content/what-does-it-mean-to-be-nonprofit-board-member/
    • Previous Episode: When Nonprofits Should (Or Shouldn't!) Use PEOs for Their HR with Jess Holst: https://birkenlaw.com/charity-therapy-podcast/ct148/
    • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/10/CT149_Trasncript.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 min
  • 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 min
  • 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 min
  • 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 min
  • 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 min
  • 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 min