Charity Therapy
Charity Therapy

Charity Therapy

Jess Birken, MNM, JD

Overview
Episodes

Details

What if you could hang out with experienced nonprofit professionals and ask them your burning questions about the day-to-day life of nonprofits? What if you could take their wisdom and bring it back to your organization, for free? That's what we do on Charity Therapy. Hosted by Jess Birken - owner and lawyer at Birken Law Office. Every episode is an in-depth look at how to run a nonprofit, from fundraising to IRS woes to people problems and more! Our goal is to empower nonprofits to achieve your mission by doing things right.

Recent Episodes

153: It's a Triple Whammy | How to Fix the Culture of Overwork at Your Nonprofit with Rachel Platt
DEC 11, 2025
153: It's a Triple Whammy | How to Fix the Culture of Overwork at Your Nonprofit with Rachel Platt
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 Rachel Platt of Plattinum Consulting 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 team is drowning under an unspoken expectation to always be on. How do we fix it?? In this conversation, Rachel and I dig into what overwork actually signals inside a nonprofit, why compliance and culture go hand in hand, and how leaders can unintentionally create burnout without ever meaning to. We also talk about the uncomfortable truth that many nonprofits have normalized unhealthy habits in the name of "the mission," and why that approach backfires every time. We share practical ways to reset expectations, open the right conversations, and rebuild trust without blame. You might hear some things that feel familiar, because almost everyone in the sector has lived some version of this. What You'll Learn: The first steps to take when your team is chronically overworking How leadership habits shape culture more than policies Why "mission passion" cannot replace fair compensation or boundaries What you can and cannot ask hourly staff to do Simple tools that help reset norms around urgency and availability How to start culture change when you're the new person on the team Why clarity, consistency, and modeling healthy behavior matter Bottom line: Your people are how your mission gets done. If they are burning out, you are losing capacity, trust, and impact. A healthier culture is possible, but it starts with honest conversations and leadership modeling the behavior they want to see. Resources from this Episode Learn more about Platinum Consulting: https://www.plattinumconsulting.com/ Reach out to Rachel Platt here: [email protected] Previous Episode: When an Entrepreneur has a "Really Good" Nonprofit Idea https://birkenlaw.com/charity-therapy-podcast/ct152/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/10/CT153_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ Rachel Platt: https://www.linkedin.com/in/rachelplatt/ 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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24 MIN
152: That's Called Tax Fraud! | When an Entrepreneur has a "Really Good" Nonprofit Idea
NOV 27, 2025
152: That's Called Tax Fraud! | When an Entrepreneur has a "Really Good" Nonprofit Idea
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 had me fired up. We get into why turning your business dream into a "nonprofit project" is usually a fast track to tax fraud, how to tell when an idea crosses the line, and what to do instead. From historic preservation loopholes to optics in small towns, we unpack all the ways good intentions can turn into bad legal problems. If you've ever thought about forming a nonprofit to fund your own idea — listen to this first. What You'll Learn: Why the IRS cares about your "exempt purpose" more than your passion project How "good ideas" can become tax fraud with one wrong move What happens when your nonprofit owns your business asset Why perception matters just as much as legality Smarter, legal alternatives like crowdfunding and business partnerships How to know when a project is charitable — and when it's just creative entrepreneurship Bottom line: Not every good idea is a nonprofit idea. If your goal is to make money, serve customers, or grow your business, that's awesome — it just means you need a for-profit model, not a charitable one. Learn more about IRS exempt purposes: https://www.irs.gov/charities-non-profits/charitable-organizations/exempt-purposes-internal-revenue-code-section-501c3 Previous Episode: Can You Convert a Failing Business Into a Nonprofit? https://birkenlaw.com/charity-therapy-podcast/ct149/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/10/CT152_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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20 MIN
151: Give Mark Your Crap! | When a PEO is a Good Fit for Your HR Needs with Mark Bromberg
NOV 13, 2025
151: Give Mark Your Crap! | When a PEO is a Good Fit for Your HR Needs with Mark Bromberg
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
150: All Press is Good Press? | GoFundMe Creates 1.4M Nonprofit Donation Pages Without Consent with Ephraim Gopin
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 needs Why GoFundMe's "auto-created" nonprofit pages are a huge problem How this affects your branding, donor data, and trust Why accepting those donations could mess with your state fundraising compliance Whether you should claim your page, delete it, or ignore it entirely How big platforms exploit "helping nonprofits" to make a profit And 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 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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27 MIN
149: Um, Actually... | How Many Times Should a Nonprofit Board of Directors Meet?
OCT 16, 2025
149: Um, Actually... | How Many Times Should a Nonprofit Board of Directors Meet?
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