141: Justice for the 8 Cents! | How to Communicate Nonprofit “Overhead” Expenses
Release Date: 06/26/2025
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...
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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...
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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...
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144: Pretending It's 1995 | Breaking Down the IRS Changes for 501(c)(3) Status for Churches
Charity Therapy
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...
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143: Anonymized Juicy Gossip | What Happens If You Don't Do the Nonprofit Filings?
Charity Therapy
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...
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142: Someone Get Me a Flux Capacitor! | What Happens When Your Nonprofit IRS Status is Revoked
Charity Therapy
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...
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141: Justice for the 8 Cents! | How to Communicate Nonprofit “Overhead” Expenses
Charity Therapy
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:...
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140: Serenity Now | Can the President Seize a Nonprofit’s Assets?
Charity Therapy
On this episode of Charity Therapy, we’re answering the big question on a LOT of nonprofit leaders’ minds - what can the president really do to a nonprofit? We’re getting to the answer, but first - remember to take a deep breath and take care of yourself before taking any action for your nonprofit! There’s a lot of fear and uncertainty about what kind of measures the Trump administration could take against nonprofit. It’s easy to get lost in the conspiracy theories and “creative” ways to protect your mission. But no longer! Meghan and I break down the legal boundaries and explain...
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139: Counting On Our Fingers | Understanding The Long Wait Times for IRS Tax Exemption Applications
Charity Therapy
Welcome to another episode of Charity Therapy, where we tackle the chaos we're all experiencing at the IRS. In this episode, we're diving into the bewildering world of nonprofit tax exemptions. Imagine the IRS as a maze, and we're here to help you navigate it without losing your mind. We'll unpack why things are moving slower than molasses, from the recent leadership shuffle to the current eight-month wait for tax exemption applications. Dealing with the IRS isn't anyone's idea of a good time, but we're here to make it less painful. We’ll talk about how the revolving door of IRS...
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138: Trump Vs. Harvard | Can the President Revoke a Nonprofit’s Tax-Exempt Status?
Charity Therapy
In this episode of Charity Therapy, we’re tackling a big question from the headlines - can the President choose whether you get tax exemption? While President Trump may threaten a university like Harvard, what can he actually do? Meghan and I break down what the President can and cannot do with nonprofits AND what it would like to really lose your tax exemption. Spoiler alert - it’s not a quick process! In this episode, we’ll bust some myths and give you the lowdown on how these things really work and what to do if you ever find yourself in a sticky situation. Worried about the...
info_outlineNonprofits - 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:
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Why you need to delete that outdated nonprofit overhead pie chart
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Whether pro bono is the right way to go with your employment law needs
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Some of our recommendations for tools to keep up with all the changing HR rules
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The real relationship between the back-office and your direct mission programming
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How you can REALLY communicate success to your donors
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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.