132: Bigger and Better | Can the Trump Administration Target Nonprofits?
Release Date: 02/20/2025
154: It's Gravy, Baby! | What is a Nonprofit Audit? with Hannah Hugen
Charity Therapy
Think an audit is something to fear for your nonprofit? I get it! But what if it’s actually a powerful tool for growth? In this episode, I sit down with nonprofit auditor Hannah Hugen from to unpack what an audit really is and why it’s not nearly as scary as it sounds. Real Listener Question: “We filed the 1023-EZ and said we’d stay under $50K… but now a funding opportunity would push us past that. Will the IRS audit us? Should we say no to the money?” Hannah and I dig into what an audit actually involves, what the IRS does (and doesn’t) care about, and how nonprofits can...
info_outline
153: It's a Triple Whammy | How to Fix the Culture of Overwork at Your Nonprofit with Rachel Platt
Charity Therapy
If your team is exhausted, overwhelmed, and constantly working nights and weekends, you might be dealing with more than a scheduling issue. You might be dealing with a culture problem that is hurting your mission. In this episode, I invited my friend and people strategy expert to talk with me about the hidden issues inside nonprofit overwork and what it really takes to build a sustainable organizational culture. Real Listener Question: I’m a new staff member, and everyone at this nonprofit works tons of overtime without being paid (as hourly employees). The ED works all the time, and the...
info_outline
152: That's Called Tax Fraud! | When an Entrepreneur has a "Really Good" Nonprofit Idea
Charity Therapy
You’ve got a great business idea, people want to donate to help, and you’re thinking… “What if I just start a nonprofit?” Hold up — let’s talk about it. In this episode, Meghan and I tackle one of the most common (and most frustrating) misconceptions out there — when entrepreneurs try to mix business ventures with nonprofit structures. Real Listener Question: “I’m coaching a small business owner who wants to restore a historic hotel, turn it into an Airbnb, and start a nonprofit to collect donations for the renovation. He says it’s a win-win — is that legal?” This one...
info_outline
151: Give Mark Your Crap! | When a PEO is a Good Fit for Your HR Needs with Mark Bromberg
Charity Therapy
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...
info_outline
150: All Press is Good Press? | GoFundMe Creates 1.4M Nonprofit Donation Pages Without Consent with Ephraim Gopin
Charity Therapy
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,...
info_outline
149: Um, Actually... | How Many Times Should a Nonprofit Board of Directors Meet?
Charity Therapy
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...
info_outline
148: Type A Personalities Unite! | When Nonprofits Should (Or Shouldn't!) Use PEOs for Their HR with Jess Holst
Charity Therapy
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 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...
info_outline
147: Keep Doing You, Boo | Are Nonprofit DEI Initiatives Illegal? With Guest Megan Fuciarelli
Charity Therapy
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...
info_outline
146: Groaning & Moaning | Why Record Retention & Data Management Systems Matter for Nonprofits
Charity Therapy
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...
info_outline
145: Astronauts vs. Scuba Divers | Can You Convert a Failing Business Into a Nonprofit?
Charity Therapy
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...
info_outlineIn this episode of Charity Therapy, Meghan and I are answering the big question - can the Trump administration target nonprofits?. We’re getting real about the fears of funding cuts and increased scrutiny, and dive in on the looming threat of the HR 9495 bill, which could label some nonprofits as terrorist organizations.
Keeping your nonprofit in good standing feels like a never-ending battle, especially with all this uncertainty swirling around. That's why we're sharing practical tips to help you armor up with preparedness and compliance. From IRS requirements to solid financial controls, we've got your back. Plus, we talk about the power of building a supportive network of like-minded pros who align with your mission.
So, what can you do to stay afloat in these tumultuous times? First, keep your affairs in order, and maybe stash away a legal defense fund—just in case. Professionalizing your bookkeeping might sound boring, but trust us, it’s a game-changer. And if you’re feeling overwhelmed, download our survival guide for more detailed advice.
We're all in this together, and with a little preparation and a dash of humor, we’ll help you steer your nonprofit through whatever comes next.
In this episode, you will hear:
-
Potential threats to nonprofits during the Trump administration, especially on those working in immigration, LGBTQ+ rights, and reproductive rights
-
The concerns surrounding losing funding just because your nonprofit promotes diversity and inclusion
-
Tips for staying compliant with IRS rules, beefing up your financial controls, and making sure your books are squeaky clean
-
All the details on the HR 9495 bill, which could let the government label nonprofits as terrorist organizations without much evidence
-
How to protect your organization, no matter your mission
Resources from this Episode
Download our 2025 Survival Guide for nonprofits: www.birkenlaw.com/2025-survival-guide
See OFAC Rules question on IRS 1023: www.irs.gov/instructions/i1023#en_US_202412_publink100022027
Sign up for the Birken Law Email list: birkenlaw.com/signup
Facebook page: www.facebook.com/birkenlaw
Follow and Review:
We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.
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.