Info You Can Use: Shall I Pay Thee?

by:

Joe Patti

Our friends at the Non Profit Law Blog linked to a presentation intended to be a guide about compensated time for non-profits. The reason the presenter, Veneable LLP, this is so important is because issues related to compensable time are becoming increasingly prevalent.

– Employers are failing to identify, record, and compensate “off-the-clock” hours spent by employees performing compensable, job-related activities.

– One third of surveyed respondents indicated that their organization had been hit with a wage and hour claim in the past year.

– Today, wage and hour class actions outnumber all other discrimination class actions combined.

– According to the U.S. Department of Labor, more than 80 percent of employers are out of compliance with federal and state wage and hour laws.

The presentation is in PDF format so you can proceed at your own speed and there is a helpful chart at the end that summarizes it all. The laws about compensable time are a little tricky, especially related to travel.

Among the topics the presentation addresses:

      -If an employee works unauthorized over time, do you have to pay them? (Yep)

-Waiting time vs. Off Duty – Do you have to pay an employee who is waiting for a task? (phone to ring, machine to be fixed, package to arrive)

-Difference between compensable and non-compensable “on-call” statuses

-Are employees paid when they attend lecture/training/conference/meeting?

-How comp time can be used in lieu of over time pay

-Are employees paid if they are encouraged to perform work/volunteering for a charity?

-Is your internship program legal?

-What types of travel require compensation? What types don’t? Are employees paid for work they complete on their laptops while traveling?

-If an employee is required to take their work-issued Blackberry or other work related equipment home with them, is any compensation needed?

-Do you have to pay employees if a snow storm makes the street impassable for two days?

As I mentioned, some of these issues are a little tricky and nuanced. Those dealing with employees who do a lot of traveling may find it useful to download the guide as a quick reference. I could quote you back the answers on a lot of these issues, but I would be hard pressed to explain all the travel rules.

Trespassing Won’t Make You Many Friends

by:

Joe Patti

The Non Profit Quarterly had a piece by Simone Joyaux which I suspect reflects what will be the necessary practice in fund raising for the future.

She asks fund raisers to stop asking their board members to trespass on their family and friends.

Trespassing is when you ask your friends or colleagues to give gifts and buy tickets . . . just because they are your friends and colleagues. This is the personal and professional favor exchange. This is obligation to a person rather than a cause. It’s a lousy way to raise money. It’s offensive. It alienates the asker and the askee. And it’s not sustainable.

[…]

How often have you, as a fundraiser, asked your board members to name names? How often have you asked them to bring in a list? Did you ask your board members to write notes on the letters that you planned to send to their list?

I say again, trespassing is a bad idea. It alienates board members. It alienates the friends and colleagues of board members. It doesn’t produce loyal donors or sustainable gifts.

Joyaux advises asking board members to suggest those they believe might be interested in supporting one’s organization and then inviting them to learn more about the organization. In the process of interacting with these people, one can gauge whether they are interested in what the organization does and perhaps what specific manifestation of the mission they may be disposed to supporting. From there you can work on cultivating a relationship with them that may see them more involved with the organization.

This suggestion isn’t terribly earth shattering or new. I have heard Kennedy Center President Michael Kaiser say this is essentially what he does to garner support for the organizations he leads. When I first heard him speak about how he evaluates what people may be interested in and only really approaches them in relation to their interests, it seemed a less daunting and more considerate approach than soliciting everyone for every cause, even though it is much more time consuming.

As Joyaux notes, existing supporters like board members are probably going to be more comfortable implementing an organizational relationship building approach. After all, they invested the time to develop their personal relationships with friends and colleagues. While they may be willing to donate the fruits of that investment to their favorite non-profit, those relationships were built on entirely different circumstances which may not be entirely compatible with a request for support of a non-profit.

Now that social media allows people to be approached for their support every time they turn on a computer or pick up the phone, it is likely that only those organizations that take the time to cultivate a relationship with people will earn sustained support.

Not that social media won’t be a good tool for keeping people engaged with the organization’s work. It may just not be the strongest method for the organization and individual to gain a good mutual understanding and appreciation of each other’s priorities.

N.B. My apologies. Some how I ended up omitting the link to Joyaux’s piece when I first posted this entry.

Info You Can Use: Federal Employees As Board Members

by:

Joe Patti

Well this one falls under the heading of, “I did not know that.” The Non Profit Quarterly reports that the Office of Government Ethics has proposed changing a rule that prohibited federal employees from serving as officers on a board without getting special permission.

I had no idea that federal employees faced that sort of restriction. I guess we either never approached a federal employees to be on the boards of the organizations at which I worked.

Actually, according to a link on the OGE’s website, until 1996 “a number of agencies had a practice of assigning employees to participate on the boards of directors of certain outside nonprofit organizations, where such service was deemed to further the statutory mission and/or personnel development interests of the agency.”

In 1996, the Department of Justice issued an opinion that a section of the US Code prohibited this type of activity. The restriction was based on concerns about board officers having fiduciary responsibilities that might conflict with the loyalty owed the United States.

But the Office of Government Ethics feels times are a changin’

“In an era when public-private partnerships are promoted as a positive way for government to achieve its objectives more efficiently, ethics officials find it difficult to explain and justify to agency employees why a waiver is required for official board services that have been determined by the agency to be proper,” OGE wrote. “The potential for a real conflict of interest is too remote or inconsequential to affect the integrity of an employee’s services under these circumstances.”

The comment period for the rule ended early this month. I wasn’t able to determine what the time line for the next phase of the rule making might be.

I don’t imagine non profits will line up outside federal buildings throwing their best come hither looks at employees when the OGE issues their final ruling. (Okay, I lie. I can imagine non profits lined up giving federal employees come hither looks. It is very amusing.) But if you have tried to recruit a federal employees before or have been thinking of doing so, the opportunity may present itself in the near future.

Info You Can Use: Arts in Medicine

by:

Joe Patti

A commentary by Dr. Gary Christenson on the Minnesota Medicine website offers the most complete listing of the benefits of arts in medicine I have yet seen. Whether the piece inspires you to partner with medical services or not, it provides evidence of the benefits of the arts to use alongside illustrations of the intrinsic, economic and educational values.

The commentary starts out relating an anecdote about an actual emergency “stat” call for musicians in a hospital. While acknowledging that such an incident is a rare occurrence in medicine, Dr. Christenson shows that the arts are already playing an important role in the practice of medicine:

(my apologies for the length of the citation. While I did pare it down to a large degree, there were just so many exciting and compelling examples, it was difficult to decide what to excise.)

“Although some might be inclined to dismiss the arts as a triviality, luxury, or unjustified expense in a time of concern over rising health care costs, research is showing that use of the arts in health care can be cost-effective. For example, a recent study done at Tallahassee Memorial HealthCare demonstrated that using music therapy when preparing children for CT scans significantly reduced use of sedative medications, associated overnight stays, and nurse time, and resulted in a cost savings of $567 per procedure. It also decreased the need for repeat CTs because of poor-quality scans. When extrapolating those numbers to all pediatric CT scans done in the United States, researchers estimated a potential savings of $2.25 billion per year.”

1. Studying the arts makes medical students into better doctors.

“In our state, storytelling and theater have been used to teach students how to effectively take a medical history. Last year, for example, Mayo Medical School and the Mayo Clinic Center for Humanities and Medicine partnered with the Guthrie Theater to offer the one-week selective “Telling the Patient’s Story,” which drew upon improvisation and storytelling to teach students to take and report patients’ medical history.”

“Harvard Medical School has found that training medical students in the visual arts can help them develop their clinical observational skills. Students who participated in formal training consisting of art observation exercises, didactics that integrate fine arts concepts with physical diagnosis topics, and a life-drawing session demonstrated better visual diagnostic skills when viewing photographs of dermatological lesions than students who only received conventional training.”

“The arts also can convey lessons in ways traditional lectures cannot. It isn’t surprising that the top-rated lecture by first-year medical students on the University of Minnesota’s Twin Cities campus for seven consecutive years was a reading of physician and playwright David Feldshuh’s Miss Evers Boys by Guthrie Theater actors. The play, about the Tuskegee syphilis experiments, illustrates ethical issues related to informed consent and human experimentation.”

2. The arts have therapeutic benefits.

“Museums such as the Museum of Modern Art in New York and the Minneapolis Institute of Arts have programs for patients with Alzheimer’s disease and memory loss that use visual and cognitive stimuli to evoke memories. Dance has been shown to improve the mobility of patients with conditions such as fibromyalgia and Parkinson disease.”

“Storytelling has been noted to improve the quality of life for cancer patients,10 increase lung function associated with asthma, and reduce symptoms and doctor visits. One report noted that regularly playing the Australia didgeridoo decreased apneic episodes for patients with obstructive sleep apnea.”

3. The arts can help prevent disease.

“..a campaign to decrease heart disease in England found that people were much more responsive to the message, “Dance makes the heart grow stronger” than to “Exercise makes the heart grow stronger.” Dance is one of the best ways to improve health on a number of levels. In addition to its physical benefits, dance enhances social engagement, which is important to overall health and well-being, and it’s one of the best activities for delaying the cognitive decline associated with Alzheimer’s disease.”

4. The arts can improve the patient experience.

“…a body of research has shown that patients tend to be less stressed, less anxious, require less pain medication, and ready for discharge earlier when their environment includes views of the natural world.”

“Bedside visits by musicians and artists also distract children from pain and help them explore their feelings about their illness.”

5. The arts can promote physician well-being.

“…Although many physicians were involved in the arts before entering medical school, they put those activities on hold during their training. University of Minnesota medical students have an opportunity to keep those interests alive… The program…provides students with a small financial award to pursue and develop their interests and skills in such diverse areas as painting, drawing, singing, clowning, photography, and playing an instrument as a way to find relief from the rigors of medical study.”

Using the arts to reduce costs, provide relief and focus to patients and produce more effective doctors, what isn’t to love? As with all things, arts are only one part of bolstering well-being and providing better medical care. There is certainly a potential for it to become a much more important element in providing better medical care if employed and studied to a greater degree.

Dr. Christenson provides 20 footnoted references for his commentary which seems a good place to start for those looking to develop programs and partnerships to integrate the arts in medicine. The research is also obviously a good basis for advocacy about the value of the arts.