Tag Archives: policies

Resources re: labor laws and volunteering – UPDATED

graphic representing volunteers at work

This blog replaces my blog from 2017 on the subject.

Labor laws regarding volunteering vary from country to country. For instance, in the USA, creating a written role description or memorandum of understanding with a volunteer, ensuring there is an agreement on what is expected of a volunteer, is normal and entirely legal, but in the United Kingdom, such written agreements can make the volunteer a paid employee and due for financial compensation.

How should your organization determine who is a volunteer, unpaid, and who should be paid for the hours they work at your organization, no matter what country you are in? What does the law say? And what other laws apply to volunteers – and which don’t?

There are resources on the US Department of Labor web site regarding volunteerism that can help any nonprofit or charity, in any country, think about both why it involves volunteers and how it should talk about the value of volunteerism, as well as the qualities of a well-run volunteering program. Although these are USA-centric and cite USA law, much of what these documents propose regarding volunteer engagement is based in ethics as much as law.

Unfortunately, since 2017, DOL has made resources regarding volunteer engagement MUCH harder to find – and deleted some resources altogether, despite no changes in the law with regard to volunteers.

If I’ve been able to find the deleted DOL page I had on my 2017 blog on archive.org, I’ve linked to that instead below. If a DOL or other URL stops working, cut and paste it into archive.org and you should be able to find an old copy. Using old information is better, IMO, than not having any information at all. But please do not rely solely on this blog nor the links for legal guidance: you need a LAWYER to read over your policies and procedures, and to address any concerns or legal challenges you may face regarding volunteer engagement. I am NOT a lawyer and you should NOT rely on this advice solely if you have questions about labor laws and volunteers.

Most important is probably this DOL resource: Fact Sheet #14A: Non-Profit Organizations and the Fair Labor Standards Act (FLSA), which notes that volunteers serve on a part-time basis and do not displace regular employed workers or perform work that would otherwise be performed by regular employees. In addition, paid employees of a non-profit organization cannot volunteer to provide the same type of services to their non-profit organization that they are employed to provide.

Employees volunteering outside of their jobs, at the direction of their employer, is further explored in this response from the DOL, which talks about nurses being asked to volunteer their time, unpaid, to participate in community service activities, such as taking blood pressure at a health fair, teaching child care classes to expectant parents, participating in “career day” at a local school, helping the Red Cross, or helping with the hospital picnic. Other activities in question involve employee attendance at patient care conferences, task force meetings, and committee meetings on their days off or outside regular working hours.

There’s also this detailed response by DOL staff to someone in 2006 asking if the time employees spend on volunteer activities outside their employer’s worksite or on activities outside their regular work are compensable working time. For instance, “Does the employer have a duty to compensate non-exempt employees for the time they spend volunteering on a Habitat for Humanity project outside of normal working hours?” Any corporation that organizes volunteering activities for its employees needs to read this document carefully.

This isn’t from DOL, but Employee or Volunteer: What’s the Difference? from the Nonprofit Risk Management Center (NRMC), is excellent, as are these resources: Is Your Volunteer Really an Employee? The Answer Might Surprise You [Part 1] and Is Your Volunteer Really an Employee? The Answer Might Surprise You [Part 2]. These are from a law firm and are interpretations of DOL guidance.

Also see:

Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act

Whether an incentive based pay plan at a company, which includes civic and charitable volunteer activities, complies with the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA).

Again, all of these are USA-centric but, again, the advice is terrific for other countries as well. Of course, you should still check to see what your country’s laws are regarding volunteers, including interns or anyone to whom you aren’t paying at least a legal minimum wage.

In addition, there’s also this Safety and Health Checklist for Voluntary and Community-Based Organizations Engaged in Disaster Recovery Demolition and Construction Activities. This detailed document emphasizes the importance of such organizations promoting the health and safety of their work teams, including volunteers, and provides a checklist outlining some of the hazards frequently encountered during disaster response and recovery operations and what the organization should have in place to support and protect volunteers, including what training volunteer work teams should have. This checklist is great no matter what country you are in.

Fact Sheet #72: Employment & Wages Under Federal Law During Natural Disasters & Recovery also talks about volunteers.

What are the conditions of coverage for Peace Corps volunteers and volunteer leaders injured while serving outside the United States? is guidance issued by DOL that’s worth a read.

You can find a lot more information about US laws that govern volunteers and volunteer engagement at both the OSHA and the Department of Labor web sites by using their search function regarding the word volunteering. But be ready to wade through a huge amount of results, most of which don’t involve volunteers.

Having a mission statement for your organization’s volunteer engagement can protect you from over-zealous staff members, consultants and corporate funders who want to push for volunteers to replace paid staff and save money, or to increase volunteer engagement in areas of the nonprofits work that would be inappropriate. It also could help protect you against lawsuits from volunteers who feel they were merely unpaid workers. The US Department of Labor (DOL) and US Federal Courts want to see that the work of volunteers is distinctly different from the duties of the organization’s employees – and their guidelines on how they make the determination regarding who is a volunteer and who should be paid are good guidelines for volunteering other countries as well. To determine whether an individual is truly volunteering, the DOL and US Federal Courts look to:

  • The nature of the entity receiving the volunteer services
  • The character of the volunteer services (activities) themselves
  • The amount of control the employer or engaging organization exerts over the volunteer
  • Compensation or benefits provided to the volunteer, or that the individual expects
  • Whether the volunteer work displaces paid work by regular employees

You can read more from the DOL here on this archived page.

Learn more about how to talk about the value of volunteers.

If you have benefited from this blog or other parts of my web site and would like to support the time that went into researching information, developing material, preparing articles, updating pages, etc. (I receive no funding for this work), here is how you can help

Are you using your own smartphone or other devices in your work or volunteering activities? Is your employer aware?

images meant to look like cave drawings, one of a woman using a smartphone and one at a desktop computer.

Do you use your own, personal smartphone in your work activities for your employer? Does your company reimburse you for this? Does your company have a policy in writing about this use? Are you facing any challenges in using your own tech resources for your work, tech that you pay for and maintain yourself and use for your personal life as well?

I started a thread on the TechSoup forum a while back about this and a lot of folks have some strong feelings about this issue. There are also some companies that reimburse staff for use of their own personal devices.

What about your company? And for nonprofit organizations – do you realize what the cost is for your staff and volunteers when you require them to use their smartphones and other personal devices in their work for you? Had you even thought about it before?

You can weight in on the comments below, but please also weigh in on the original TechSoup forum.

a hand is receiving money

If you have benefited from this blog or other parts of my web site or my YouTube videos and would like to support the time that went into researching information, developing material, preparing articles, updating pages, etc. (I receive no funding for this work), here is how you can help.

Getting great photos for your nonprofit’s marketing needs takes planning.

a primitive figure, like a petroglyph, shots through a megaphone

I’ve been working at a local Habitat for Humanity affiliate for more than a year now. It’s been a challenging, enlightening, really fun experience.

I have said repeatedly over the years that working at a local nonprofit or in a local government initiative can be fantastic training to work internationally in humanitarian and development programs; it’s also true that working in humanitarian and development programs is great training for this kind of local work! For instance, because I’ve worked internationally, I already knew the importance of not engaging in poverty porn: not sharing photos that present clients as weak or desperate, not sharing photos that show only clients receiving charity, etc.

I’ve spent more than a year hyper-focused on creating a robust archive of a diversity of volunteers in action at our house builds, our home repair projects, our neighborhood cleanups and in our ReStore. Talking to our field staff about how to take and share photos and recruiting a volunteer specifically to come to events to take photos, as well as being at as many events myself as possible, have all been essential in creating this large archive. At this point, I could take a year off and still have more than enough photos of volunteers-in-action for all of our communications needs in 2024 (however, I will NOT be taking a year off).

In the next year, I’ll be hyper-focused on a different communications need: photos of clients. We do not have nearly enough! And I don’t want to have to over-rely on Habitat’s excellent compilation of photos from all across the USA that I could use; I don’t like using stock photos, because I prefer to have my own photo archive representing our own community (and you should too). It’s going to be a challenge: we don’t want to overburden our partner families with requests, we don’t want to make some very shy folks do anything that would make them uncomfortable, and many of our families have moved on to many other priorities, things far more important than a photo session with me. We have written the families and asked for family photos – like of everyone gathered around a Christmas tree, if they celebrate such, and we did end up with one great one!

What’s going to be required is more relationship-building on my part. I need to make sure the clients know me and trust me. For our home-buying partners, that’s easier, because the organization already has a long-term relationship with them. But for home repair clients and people living in neighborhoods where we have cleanup events. it’s shorter-term interactions, and a lot of homeowners are embarrassed to need such help. It’s going to take careful conversations and being there with staff they already trust to make this happen.

One thing I’m also going to do is to try to get a series of shots that show progress on our house builds: I’m going to take the “same” shot from the same place every month from the start to finish of a house build.

As I pursue more client photos in 2024, I want to remind you all of some things to keep in mind for your own photo-taking for your nonprofit or community endeavor (and I’m assuming you will be taking the photos with just a camera phone / smart phone):

  • Make sure all employees, consultants, clients and volunteers have signed a photo release, and you can lay your hands on that signed release easily. It’s best to have this release signed at the time they sign anything else with your organization, like an application or a contract. This allows you to take photos anywhere and everywhere without worrying if you have permission to do so.
  • But even though you have signed, written permission, be sure to announce to everyone your name and that you will be taking photos. Tell them the photos are for social media, for your website and for your publications, like your annual report. Tell people how they can request copies of any photos. Assure people that you are going to take respectful photos and always ensure anyone in a photo looks terrific.
  • If clients or volunteers say they do not want their photos shared on social media or in print, honor those requests. If you might have trouble remembering, ask them, when they see you taking a photo that they would be in, to hold up their hand, palm out. That way, when you go through the photos, you will get the reminder that that person did not want to have their photo taken, and you can edit them out of photos as needed, or not use certain photos.
  • Before the event where you are going to take photos, make a wish list of photos you want most: women using construction tools, a young person and an older person working on something together, volunteers gathered around a lead volunteer for the morning orientation, etc. That makes it easier to be on the lookout for those moments.
  • Take a photo at the start of the event, or whenever you remember, that will tell you where and when this event is. It might be a sign welcoming attendees or an information board or the sign on the venue or the front of a t-shirt created especially for the event. Your photos will automatically be dated by your phone camera, and when you go through them, and see the sign or information board, you will remember where the event was, who it involved, etc.
  • Yes, you MAY stage photos. You are not a journalist; you are a marketing person. Don’t hesitate to tell a group to turn to the camera and smile, or to hold up their hammers triumphantly!
  • Front-lighting illuminates a subject. Back-lighting can hide faces.
  • Photos can be easily cropped, especially if you are taking high-resolution photos. Don’t worry if you think a photo isn’t framed perfectly while you are taking it; cropping may do that later. Filters can also sometimes fix photos that are too dark.
  • Capture people in action as much as possible (especially volunteers).
  • Smiling faces are not absolutely necessary. If someone doesn’t smile when you say “smile”, that’s okay.
  • If you think a photo is especially unflattering to a person, don’t use it.
  • Avoid “butt” shots. These are the photos of someone who is bending over away from the photographer.
  • You can’t take “too many” photos. You can go through them later and weed out the unusable ones.
  • When you look through your photos, delete the ones that depict unsafe conditions (or put them aside and talk to the site supervisor about these incidents). For instance, at Habitat sites, volunteers under 18 may not use power tools or work above ground level, volunteers must wear safety goggles when operating power tools, tools should not be placed on ladders, hard hats should be worn at all times and, when on ladder, a person should maintain three points of contact and avoid leaning.
  • Use only first names when identifying people in photos on social media or in any print publication for the public, or say something that identifies the family but protects privacy, like, “the Hernandez Family.”
  • Google photo share area is AMAZING. If you have a gmail account, you have a Google photo archive. Just log into your gmail account and then go to photos.google.com and you will come to YOUR photo account. Don’t be shocked if you see photos there already; if you tie your apps on your phone to Google, this happens automatically. The problem is that you are using your own phone, and switching back and forth on a phone between a work Google account and a personal account is a pain. How I do it: the photos go to my personal account and then, on a laptop, I download the most recent, then upload them to my work account.

Note that I’m not the only photographer where I work: I ask everyone to take photos if they are at any event with volunteers or clients “in action.” They don’t take many, so I ask them to send such to a gmail account we have set up especially for photos; Google makes it super easy to transfer photos that are email attachments in that account over to the photo drive.

But be sure to have a backup of your photos elsewhere: on whatever backup system you use, on a separate Google account, and/or on a hard drive.

Also see these previous blogs which have links to sample policies and guidelines for taking photos of vulnerable people:

humanitarian stories & photos – use with caution

Poverty porn, survivor porn, inspiration porn

The opposite of poverty porn: erasing clients from storytelling

What I’ve learned working at Habitat for Humanity

Do you welcome people with your language?

a hand is receiving money

If you have benefited from this blog or other parts of my web site or my YouTube videos and would like to support the time that went into researching information, developing material, preparing articles, updating pages, etc. (I receive no funding for this work), here is how you can help.

Nonprofits: legislation & politics are affecting your staff & clients.

An image to depict social cohesion and team work and interconnectedness: images of four human like figures, each a different color, holding hands and leaning back - if one breaks hands, it will mean that, eventually, all will fall backwards.

Nonprofits, community groups and other mission-based programs in the USA need to be aware that legislation and politics are affecting your staff (employees and volunteers) and your clients/customers. Such is affecting their families and their day-to-day life, their health care, the life-altering choices they can make, their participation in society, and on and on. And that means it’s also going to affect staff job performance with you and potentially affect the impact you can have with clients/customers.

Regardless of your own personal politics and regardless of your organization’s mission, you need to be aware of how legislation and politics are affecting your staff and to think about how you are, or are not, going to support staff as this is happening.

You have employee, volunteers and clients who may become pregnant and need to seek abortion services. Or maybe denied access to abortion services despite an ectopic pregnancy, an incomplete miscarriage, placental problems and premature rupture of membranes. How are you going to support them as they undergo these experiences?

You have employees, volunteers and clients who have same-sex marriages, something the US Supreme Court may overturn. If that happens, and their marriages are declared invalid, will you continue to give spousal benefits for staff, such as maternity leave or health care coverage? If that happens but those marriages remain valid, but no more can happen, will you give spousal benefits, such as maternity leave or health care coverage, to those staff members now forbidden by law from marrying? Will you still send track the names of those partners in your database if you do so already?

For an election, some states are putting just one ballot drop box to serve an entire county, or prohibiting most people from applying for absentee ballots. Are you going to give your employees and volunteers paid time off to vote on election day? Are you going to make sure staff and clients know about non-partisan voter education programs, like guides from the League of Women Voters, and debates?

Some staff have family members who are not legally in the country and are living in day-to-day danger of being deported, and if such happens, it could not only mean the separation of a loved one, but sudden changes regarding income, in options regarding child care, and more. What will you do to support such staff?

Consequences of not thinking about this or addressing it:

  • You will lose employees and volunteers.
  • The productivity and performance of employees and volunteers could be affected, which affects your service delivery.
  • Inaction may go against your stated organizational values.

Note I’m not asking you to take a political stance. The IRS wording on the Restriction of Political Campaign Intervention by nonprofits is clear: 

Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. Contributions to political campaign funds or public statements of position (verbal or written) made on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity.  Violating this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes.

Certain activities or expenditures may not be prohibited depending on the facts and circumstances.  For example, certain voter education activities (including presenting public forums and publishing voter education guides) conducted in a non-partisan manner do not constitute prohibited political campaign activity. In addition, other activities intended to encourage people to participate in the electoral process, such as voter registration and get-out-the-vote drives, would not be prohibited political campaign activity if conducted in a non-partisan manner.

On the other hand, voter education or registration activities with evidence of bias that (a) would favor one candidate over another; (b) oppose a candidate in some manner; or (c) have the effect of favoring a candidate or group of candidates, will constitute prohibited participation or intervention.

But if you think politics isn’t personal and can’t affect a nonprofit, whether it’s a performing arts center or a literacy program or an animal rescue group, think again.

And you should consider mentioning to funders how these state and federal actions are affecting your staff, your clients and your work in general. They should know.

If you have benefited from this blog, my other blogs, or other parts of my web site and would like to support the time that went into researching information, developing material, preparing articles, updating pages, etc. (I receive no funding for this work), here is how you can help

If humans can do it, so can volunteers (who are, BTW, also humans)

graphic by Jayne Cravens representing volunteersWhen should you involve humans in the care and support of vulnerable populations, like children, people with disabilities, women who have been victims of domestic violence, etc., or in high-risk situations, like working with wildlife or fighting fires?

Most people would say humans are essential to all of those scenarios – that care and support cannot be provided in those situations without humans, that emergency response cannot be provided by humans, that addressing the needs of wildlife adversely affected by humans cannot be done without humans. And I would agree. I bet you would too. What’s the alternative – robots? Not yet, robots… not yet…

But what do humans need in order to be able to provide appropriate care and support in those high-responsibility, even high-risk, situations, and to stay safe themselves? Humans need:

  • to be appropriately screened and vetted, with inappropriate humans turned away and appropriate humans brought into the program
  • specific training for these situations – and, perhaps, ongoing training
  • regular, appropriate supervision
  • regular, quality support

You would agree with all of that, right?

Now change the word humans in the aforementioned text the word volunteers. Suddenly, the conversation changes.

Volunteers aren’t appropriate!

Volunteers could endanger the clients!

Volunteers will harm the wildlife!

What’s different? Just one thing: when we were talking about humans before, you were immediately thinking of paid staff. Now that I change the word to volunteers, we’re talking about unpaid staff, and many automatically assume that means untrained, unsupervised people who work whenever they might maybe find some time.

Volunteers mean just one thing: people who aren’t paid a wage, that aren’t given financial compensation for their service hours. That’s it! Volunteers do NOT have to mean untrained, unvetted people, just anyone off the street who says, “I have a good heart! I want to help!”

No one who has not been appropriately vetted, no one who lacks the necessary training, no one who cannot be appropriately supervised and no one who is not regularly supported should be doing any work with vulnerable populations or with wildlife, paid or not. A paycheck has nothing to do with a person’s appropriateness to undertake a role at a nonprofit, NGO, charity, etc.

So, with that said, when should a nonprofit, NGO, charity, school or other mission-based organization involve a paid person instead of an unpaid person? Susan Ellis of Energize says it best, in her book, From the Top Down: The Executive Role in Volunteer Program Success:

Offering a salary gives the agency a pre-determined number of work hours per week, the right to dictate the employee’s work schedule, a certain amount of control over the nature and priorities of the work to be done, and continuity. When you pay a salary, you can require that the person give your organization forty hours a week or whatever number is necessary. Because most people need to earn a living, people can rarely give one agency that much volunteer time per week… (pages 12 – 13).

And, to be fair, people DESERVE to earn a living. I’m looking at you, United Nations agencies that have six-month unpaid internships – volunteer gigs that only well-off young people can undertake…

Volunteers can do high-responsibility, even high-risk activities, and they can fill expert roles. In fact, they actually DO all of these things already, all over the USA and all over the world. What the vast majority volunteers usually cannot do is provide 40 hours a week of service, even 20 hours a week, to an organization, week-after-week – they can’t afford it! Many roles at a nonprofit, non-governmental organization or charity require a person to staff a role full-time, or even part-time, 20 hours a week, week after week – and that means, to keep that role staffed at all times, the agency must pay someone. Many roles at nonprofits, NGOs, charities, schools, etc., require someone to have a great deal of training and experience in order to do the role that needs to be done, and most people that have the training and experience necessary for such roles have such because it is related to their career, their paid work, and they got the certification or degree(s) necessary for such for their paid work.

I don’t believe in involving volunteers to save money – I believe an organization should create volunteering opportunities primarily because they believe a volunteer would be the best person for that particular role, just as an organization reserves certain roles specifically for paid staff, and you make those decisions based on a myriad of criteria. I also believe that one needs to tread carefully when asking an economically challenged community, one with a very high unemployment rate and people struggling to pay for the basic necessities of life, to donate their time to keep a nonprofit afloat.

So, how much time and responsibility may you ask of a volunteer? What’s reasonable?

That is a question that is frequently asked. And there are no easy answers. It can vary from organization to organization, from community to community.

There are communities that are well-served by entirely volunteer fire stations, with enough well-trained, constantly trained volunteers always on-call to respond to any fire or other emergency. But in those same communities there might be a cold-weather shelter for the homeless and the nonprofit running such is struggling to find over-night volunteers to manage the facility for 6-8 hours at a time. Why does one group have a waiting list of people that want to volunteer while another in the same community, with less requirements for training and less of a time commitment each month, struggle?

There can be all sorts of reasons why one organization can easily attract volunteers to high-intensity, high-responsibility, high-commitment roles, and another cannot:

  • One role may look fun, exciting, interesting and even heroic, while another may look difficult, scary, even depressing.
  • One role may look like it could help the volunteer in his or her career or university studies, while another may just look like a lot of work for no pay.
  • One role may look like the challenges would be uplifting, while another may look like it would be disheartening.
  • One role may seem like you get a lot of community recognition, that you are frequently thanked, while another may be rather thankless.
  • One role may look like it would be fun, at least some of the time, while another may look daunting and soul-draining.
  • One organization may be targeting a particular social or economic group that has the financial safety net and family structure (child care) to be able to afford to volunteer, while another organization may be targeting a group that can’t afford to do unpaid work (they are already caregivers, they have child care needs, etc.).

If you are having trouble attracting volunteers, you need to look at a lot of things:

  • Is it easy to know just from looking at your web site what volunteers do, the different roles, the time commitment, the training requirements, and how to sign up?
  • When someone calls or emails about volunteering, or submits an application, do they get an immediate reply regarding next steps? In fact, do they get info at all, or does someone take their name and say someone will get back to them and then, most of the time, no one ever does?
  • Are your next steps for volunteering with your organization something that the volunteer can get started on in a few days? In several weeks? In a few months? The further away the next step, the more likely the volunteer candidate won’t follow through.
  • Do you need to alter the volunteer role so that a volunteer would get more out of it, in terms of training, career-development, university class credit, or personal fulfillment? Is there anything you can do to make the role more fun?
  • Can the people you are trying to recruit as volunteers afford to volunteer – to work for free? Do they have child care responsibilities that are preventing them from helping?
  • Could you make the time commitment less for volunteers? Could you try to recruit more volunteers for shorter shifts, for instance, instead of fewer volunteers for longer shifts?
  • Does the task seem especially intimidating or daunting? Could you make it less so, by reducing the time commitment the volunteer would have to make, or by guaranteeing that there is a seasoned volunteer or employee always with the new volunteer? Or by taking away the tasks in the role that are the most intimidating and giving them to paid staff? Or by better assuring candidates that they will be fully trained before they are put into potentially challenging situations?
  • Are you asking too much from volunteers in terms of a time commitment, training and the responsibilities they will undertake as unpaid staff? Do you need to convert such roles into paid positions, in order to better attract the people that can make the time and emotional commitment to the role?

This is yet another blog that was inspired by my own real-life moments – two, in fact: one from a nonprofit that felt I was being inappropriate for disagreeing with them that their work is too high-risk for volunteers, and another from a situation that is happening in my own community regarding volunteer recruitment. It was supposed to be two blogs – but they seem so closely related, I put them together.

Also see:

Magical paychecks

I’m on a lot of online communities, most focused on nonprofits in some way. And recently, on one of them, someone posted this:

I need to have some kind of porn blocker software on the computers at our office, since volunteers have access to the computers.

Sigh.

Yes, that’s right: while employees, because of their paychecks, aren’t at all inclined to do anything inappropriate on work computers, volunteers, who are unpaid, just can’t stay away from online pornography.

Sigh.

I’ve heard people at nonprofit organizations talk about extensive training and supervision for volunteers regarding confidentiality, working with children and working with money, who then balk when I suggest exactly the same training and supervision is needed for paid employees.

Paychecks are NOT magical! A paycheck doesn’t make someone more knowledgeable than a volunteer, more experienced, more trustworthy, more respectable nor safer.

I love a paycheck as much as anyone! But it doesn’t give me super powers.

More about working with volunteers.

Before you create that online profile… do you want to keep it?

Each time you create a profile on any service — Yahoo, Google, Facebook, Twitter, whatever – you have to use an email address for that profile.

Choose that email address carefully, because it could determine whether or not you get to keep that profile once you leave your organization or agency.

More and more, staff members across organizations – not just the marketing department – are creating online profiles and participating in online groups and social media as a part of their work. An organization’s IT staff might be participating on the TechSoup Community to talk about their approaches to choosing hardware or tools to ensure system security. An agency’s human resources staff may be on an online community for other HR managers, to discuss the latest legislation and court rulings affecting the workplace. An agency’s program director may be on Facebook and Twitter to interact with people participating the agency’s services, classes, whatever.

When that staff member leaves the organization or agency, the tech waters can get quite muddy over who owns those online profiles. Often, it’s not the content of the profile that determines who owns such – it’s what email address was used to register that profile.

If there is any chance you will want to keep any online profile after you leave an organization, don’t register that profile using your organization’s email address.

In an article by Society for Human Resource Management, entitled, Ownership of Social Media Accounts Should Be Clarified in Agreements, Jim Thomas, an attorney with Minor & Brown in Denver (whose No Funny Lawyers Blog has been listed as one of the top 25 U.S. business law blogs according to LexisNexis) offers advice regarding company ownership of employee online activities. He notes in that article:

The clearest case for employer ownership will be an employee who uses other employees to maintain his or her accounts,” Thomas stated. “Beyond that, indicators will be use of employer e-mail addresses, employer standardized or coordinated formats (this is what your page should look like) or approaches to social media (coordinated campaigns); employer-provided photos and/or content; employer-provided passwords or passwords that are shared with the employer; employees who are allowed to use employer computers to use social media during working hours. Not that any one of these or even all of them will be dispositive.

The best advice is to have frank conversations with your supervisor, and to get clear policies from senior management, regarding who owns employee social media activities, and how accounts will be handled if you depart the organization. And you will have to have more such conversations and agreements every time your supervisor or senior staff changes, if policies aren’t in writing.

Sound off re employees & volunteers appropriate behavior online

I found this article today: How to Handle an Employee’s Controversial Online Behavior – it’s from 2010, but it still works – the graphic is awesome!

I also have my own thoughts on the subject: How to Handle Online Criticism, written especially for nonprofits, NGOs and other mission-based organizations.

On a related note, there are three threads on TechSoup regarding social media that so beg your participation:

Social Media Policies in the Workplace

Instant Messaging policy

Reporting to an Executive Director re social media

Would love to read more comments on these TechSoup threads! How does your nonprofit, government agency, charity, non-governmental agency or other mission-based organization handle all of these various aspects of social media/online activities?

Excuses, excuses

Here’s a conversation I had this week as a member of a certain city’s citizen’s committee regarding bicyclists and pedestrians:

Me: “I’d like for this link to the state agency name redacted web site to added to this web page on the city’s site. I’ve sent two emails requesting it, but no one has responded.”

City representative: “We don’t have money in the budget to do that.”

Me: “You don’t have the money to add a link to a web page?!?”

City Rep: “Actually, it’s because the decision makers need to review that change first.”

Me: “Okay, who are the ‘decision makers’?”

City Rep: “Oh, we don’t have a policy yet on how those decisions will be made.”

THIS IS WHY I DON’T BELIEVE IN CONSPIRACY THEORIES INVOLVING THE GOVERNMENT.

This is also a perfect illustration of the change of mentality that’s needed for effective online communications. Using web pages and social media has nothing to do with budgets or policies – it has to do with mindsets.

Fear-based management – it’s a customer service KILLER.

Why don’t they tell? Would they at your org?

Over the years, more than one person observed Jerry Sandusky, head of the nonprofit organization The Second Mile and former Penn State defensive coordinator, having sex with boys. Yet none of those people called the police, and none of the people in authority that they told about what they saw called police.

Why?

A leading candidate for the Republican nomination for President of the USA is being accused of sexual harassment by women who worked for a business association he lead, and by a woman who claims when she asked for help getting a job, he pressured her for sex (and, yes, the latter is sexual harassment – a coercive request for sex in exchange for a job, a good grade or other non-sexual “reward”). But people looked the other way, this latest accuser didn’t say anything at the time and for many years, and this man kept moving up in his political party to where he is now.

Why didn’t people in the know say more?

I have the answer to both of those questions: the consequences for the accuser or witness of saying something to people in authority or to the police seemed greater, and worse, than saying nothing. Consciously or unconsciously, people said to themselves, I don’t want to deal with this. This makes me uncomfortable. I may lose my job / never get a job if I say something. I don’t want this to define me, to follow me at this job and all jobs in the future. Maybe he’s better now or maybe someone else will deal with this. I don’t want to be the bad guy. It’s easier for me and this organization not to say anything.

I am not at all excusing the behavior of all the people who didn’t speak out. Penn State’s Athletic director and one of the university’s vice president have not only lost their jobs: they face possible prison time for lying to a grand jury and for not reporting to proper authorities the allegations of sexual misconduct. And that is exactly as it should be. Shame on them! It’s a shame that people in the Catholic Church who knew about sexual assaults by many priests weren’t similarly punished.

But I am challenging nonprofits, non-governmental agencies, universities, government departments and other mission-based programs – and particularly aid agencies with staff members in the field! – to take a hard look at not just their policies, but their culture.

Are you never hearing about inappropriate behavior by employees or volunteers at your organization not because nothing is happening, but because people don’t feel comfortable saying anything?

The consequences of a culture that, intentionally or not, discourages victims and witnesses from coming forward can even be deadly: Kate Puzey, a Peace Corps volunteer in the west African nation of Benin in 2009, was murdered in apparent retaliation for accusing a local Peace Corps staff member of child sexual assault. Her murder, and the poor reaction of the Peace Corps administration to this and to reported sexual assaults on Peace Corps members themselves, lead to a volunteer protection act, passed by Congress this year, establishing sexual assault policies and training to protect victims and whistle-blowers.

What about your organization?

  • Are you going to look at not only your policies, but your practice?
  • Do you do trainings and awareness activities for employees and volunteers regarding sexual harassment and inappropriate behavior every year?
  • What do you do to create a welcoming environment regarding the reporting of inappropriate behavior?
  • What do your individual employees and volunteers say about your organization’s culture, particularly in how comfortable they would feel reporting suspected inappropriate or even criminal behavior by someone, particularly a person in authority?

And in case you are wondering – yes, this is a personally important issue to me.