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Employment Laws in Work Programs

By on January 14th, 2013

workI am often asked about what needs to be done in order to comply with state and federal laws when recovery programs clients do actual work in the facility.   In all cases, I suggest that an employment attorney or tax professional familiar with the laws in your state be consulted in these matters.   However, here are a few suggestions that can be   taken to help you comply with laws regarding the payment of the minimum wage for recovery program participants.

A. The work must be therapeutic — Too often, the lines have been blurred between mission employees and clients (beneficiaries). The most effective means of clarifying these lines is having a well-documented recovery program in place that uses a written recovery plan that lists the work performed by the client as being rehabilitative in nature. There is no problem in giving some stipend to program participants who perform work as part of their recovery program. If this is done, it is important to avoid the use of the terms “staff” and “wages” or any other terminology that could imply an employee/employer relationship. Instead, call this stipend a “sustenance allowance” or “gift.” In the initial intake session, clients should sign an agreement indicating that they understand that some hours of work will be a part of their recovery program, but that this is a part of their rehabilitation and not establishing an employee/employer relationship for which they will receive wages.

B. Stipend amounts and level of participation in program activities must be equal for all clients — It is acceptable to offer differing amounts for stipends during different phases of the program as a form of incentive. But, it is critical that all clients in the same phase receive the same amount — regardless of actual hours worked. Also, regardless of what “job” a client has been assigned, he must not be exempt from participating in the same activities required of others at the same level or phase of the recovery program. Tying compensation to hours worked or exempting certain individuals from fully participating in the program’s recovery-oriented activities may give the appearance of establishing an employee/employer relationship.

C. “Key” positions are best filled by employees – It is very tempting to “missionize” talented people by keeping them “in the program” indefinitely. A better arrangement is to fill important positions (cooks, drivers, etc.) with individuals in a latter phase of a program who become actual temporary employees of the mission. These individuals will naturally be more stable and dependable. Not only will this arrangement reward those who are doing well in their recovery, it also assists them to begin re-establishing an employment record.   In some states, minimum wage requirements might be met by combining cash payments with the established “fair market” value of the housing and meals that are provided. The program may   then only responsible for the FICA withholding and matching payments, since non-cash compensation is usually not subject to state and federal employment taxes. Consult a professional for details about laws in your state.

 

 

Adapted from an article that originally appeared AGRM‘s Rescue Magazine, Fall 1993

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Make the Most of the New Year!

By on December 31st, 2012

Urban mission work and recovery outreach are certainly unique. The rewards can be tremendous, as well as the discouragements. So, here are a few of my thoughts on how to avoid burn-out by practicing good self-care:

A. Keep a life for yourself —I often struggle to find the balance between personal priorities and ministry opportunities. It’s easy to get caught up in ministry and put my own needs on the “back burner.” Because urban missions can be a very stressful place to work good self-care practices are essential. One of the most important of them is to cultivate a life that is separate from the mission and its staff and clients. We need to leave work stress behind and pursue our own interests and relationships. For people who live in the mission facilities, failing to develop meaningful outside relationships and activities is a sure path to “burn-out.”

B. Make time for the Lord, your spouse, and your children — Spiritual service is no replacement for spiritual relationship. We need to protect our walk with the Lord and continue to grow in our faith. In regard to the family, Paul said it best, “If anyone does not know how to manage his own family, how can he take care of God’s church? (1 Timothy 3:3 NIV) Too many Christian workers have not made their marriages and their children a priority and have suffered greatly as a result.

C. Get committed to a local church – We all need our own church home where we can be spiritually nourished and develop relationships with people who can minister to us, instead of looking to us for help. An effective urban mission worker knows where to go to get his or her “tank refilled’ spiritually.

D. Develop yourself professionally – Cultivate your gifts and take advantage of education and training opportunities. Find ways to grow to be more effective in your calling from God. Maybe you need to take advantage of formal aptitude testing offered by employment and career counselors. In urban ministry, there are a variety of different roles in which we may serve. These include fund raising and administration as well as direct supervision of clients, counseling and case management. Getting the best “fit” for yourself will certainly lead to a more satisfying and effective ministry.

E. Find a Mentor/Confessor — Again this past week, I heard another Christian leader, whom I greatly respected, destroyed his marriage and his ministry through infidelity. We all face temptations like resentment, jealousy, sex, greed, and power. Some of us also have a past that includes addictions. My friend with the Navigators likes to ask — “Who’s your Timothy and who’s your Paul?” There is a real benefit to having the accountability and input of a mature believer who can serve as our “Paul.” And, at the same time, why not take some time to seek out a “Timothy” if you don’t already have one. There is surely at least one other younger Christian worker who could benefit from what you have learned in your years of service. Few things are as rewarding as Investing in the life of other leader.

F. Be a team player — When working with troubled people, it’s important to see ourselves as part of a team that God has assembled to reach out to them. He has been at work in every individual’s life long before they ever came to the mission So, If I’m not God’s only representative to this person, whether they leave or stay, He will continue to work in their lives (with or without me). Though this may be your time to work with a certain person you are not expected to have all the answers or resources. But, there is probably someone else who does. Sometimes, the greatest help we can give someone is to point him or her to another resource where he or she can get needed help. And, if you are stuck, remember that it’s OK to ask a fellow worker for input and assistance.

G. To God, our faithfulness is more important than our fruitfulness. – A “performance orientation” is another path to burnout. Deep, lasting life change is a process — and an often time-consuming one at that. Each individual makes progress at his or her own rate. So, we need to be mindful to set realistic goals for our clients — and for ourselves. Above all, it’s God who ultimately does the changing. So, we need to avoid shame and guilt-driven efforts, which are from self not the Spirit. Sometimes the most effective thing we can do is to get out of God’s way.

 

Michael Liimatta is now serving as Chief Academic Officer for City Vision University.

From UrbanSermons.org January 2012

 

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A Strict “No Use” Policy in Recovery Programs?

By on October 23rd, 2012

I’ve spent many years working with counselors and rescue mission staff members to assist them to more effectively help homeless addicts and alcoholics.   Whenever I speak on this topic, I am usually challenged for saying clients should be immediately dismissed from a program when they are discovered to have used alcohol or drugs.   So, I thought it would be useful to restate my convictions – and my rationale for this encouraging this policy.

I am convinced that we must immediately dismiss anyone who uses alcohol or drugs while in a recovery program.   The dismissal must be for at least one month, with the possibility for an evaluation for re-admission after that time period.   If they do re-enter the program, they should start over – from day one – and not be allowed to regain whatever status they held before using.

Does this mean we should just throw them out on the street?   Not necessarily; it might mean moving out of the program part of the building and back into the transient section.   It could also mean a referral to another facility.   Or, it could mean leaving the building and finding their own way to the next place, especially in the case of those who have violated the policy repeatedly.

There must be serious consequences for alcohol and drug use while in a recovery program.   Here’s why:

A.   Drunk in the Bank – When people are new to residential recovery centers, they usually determine “how many drunks they have in the bank.”   Their first question is “How does the staff deal with clients who use drugs and alcohol while in the program?”   If the policy is dismissal after their second incident of using, this equals “two drunks in the bank.”   Then, they may actually begin planning how and when to use them.   In essence, a firm policy on dismissal after the first use of alcohol and drugs actually helps to keep participants from being tempted in this way.

B.   The Danger of Enabling – One rescue mission had a formerly homeless cook who worked for them for a number of years.   Once or twice a year, he would go off for “one of his weekends” which meant disappearing for a couple of days of heavy drinking.   Then, he would come back and “behave” himself until the next time.   Is this really helping him? And what a terrible example!   If we really believe addiction to drugs and alcohol is destructive, using them must have major consequences.

Addicts continue to use alcohol and drugs as long as they feel the benefits outweigh the costs.   Consequences are the key to their salvation. They are God’s way of breaking through denial.   But if we choose to enable people to continue in destructive ways, shouldering the consequences ourselves, we interfere in what He wants to do in their lives.

C.   Maintaining an Environment that Promotes Positive Change – A sincere desire to become free of mind-altering substances must be the first requirement for entry into a recovery program. And is it the responsibility of the staff to maintain an atmosphere that says, “people are here to recover – the program is for people who want sobriety and are committed to working on their lives.”   The consistent application of a firm dismissal policy works to promote a commitment to the recovery process among program participants.   If it is not practiced with consistency, staff members will be accused of favoritism or the program participants will assume that the staff does not take the use of alcohol and drugs seriously.   Handling the issue of dismissal on a “case by case” basis creates a system of inequity that works against the positive environment we need to have in the program.

D.   Protecting the Sincere Client – The application of this “tough love” principle is needed to protect those residents who are sincerely trying to change their lives from those who are not.   Keeping hard-hearted and disruptive people around can be extremely discouraging to those individuals who are working hard at their own recovery.   It can be truly amazing to sense the dramatic change in the atmosphere of a program when one or two disruptive individuals are removed.   Sincere people can be further motivated and reassured when they know that they will not have to contend with uncommitted and dishonest people who could undermine their efforts toward recovery.

A Final Thought – It is important to keep a recovery program “drug free.”   But, it is actually cruel to expect residents to stay sober if we do not provide them with access to activities such as addiction counseling and meetings that support them in the pursuit of a life of sobriety.   Doing this is truly setting addicts up to fail.

 

Excerpts from the Guide to Effective Rescue Mission Recovery Programs.