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Subject:
From:
Geri Thomas <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Wed, 20 Mar 2013 15:54:23 -0400
Content-Type:
text/plain
Parts/Attachments:
text/plain (1935 lines)
Dear Colleagues:  We have struggled with the IRS determination of who is/can be an employee and who is/can be an independent/contract employee and have been audited for use of independent art handlers and other professionals, such as contract educators.  The IRS has tightened their rulings and these can be found at: http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor.   Good luck and hope this helps.  Best, Geri Thomas

Geri Thomas, President
Thomas & Associates, Inc.
New York and Chicago
www.artstaffing.com
212.779.7059

Cheers!




-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]] On Behalf Of MUSEUM-L automatic digest system
Sent: Wednesday, March 20, 2013 12:01 AM
To: [log in to unmask]
Subject: MUSEUM-L Digest - 18 Mar 2013 to 19 Mar 2013 (#2013-72)

There are 25 messages totaling 6045 lines in this issue.

Topics of the day:

  1. Spend two weeks exploring museums in Florence this summer!
  2. NASA Asteroid Search Program Decade Behind Schedule
  3. Contract Staff/Educators (14)
  4. Announcing NEH Film Set and Public Programming Grants
  5. [AAMG-L] Collection Databases
  6. Contract Staff/Educators, but off on the "gripe" comment (6)
  7. Contract Staff/Educators vs. Volunteers

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----------------------------------------------------------------------

Date:    Tue, 19 Mar 2013 13:49:38 +0000
From:    "Cunningham, Flo" <[log in to unmask]>
Subject: Spend two weeks exploring museums in Florence this summer!




Do you ever wonder why people collect things?


How did 15th century private desires to own collections lead to the museum as we know it today?


Why is Florence, Italy, considered one of the birthplaces of the modern museum?


Find out this summer in Museum Origins!

June 10- August 3: An 8-week course that blends online learning with onsite investigation (in ITALY!) and scholarly research.



Open to current graduate students and alumni of master's or Ph.D. programs in any field from any college or university



Great for students in art, art history, literature, history, public history, anthropology, psychology, museum studies, library & information science, classics - all majors welcome!

  *   First three weeks: Course readings and discussions online.
  *   Middle two weeks: You go to "class" in museums in Italy.(How cool is that?!)
  *   Last three weeks: You write a research paper.
  *   After the course: An experience that lasts a lifetime.
APPLY NOW! Applications are due April 1!


bit.ly/MuseumOrigins2013<http://bit.ly/MuseumOrigins2013>



Course: Museum Origins / LIS 61095 /  Three credit-hour graduate-level course


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------------------------------

Date:    Tue, 19 Mar 2013 11:23:56 -0700
From:    "Glenn A. Walsh" <[log in to unmask]>
Subject: NASA Asteroid Search Program Decade Behind Schedule

NASA Asteroid Search Program Decade Behind Schedule

The U.S. space agency is a decade behind in meeting a congressional mandate to detect meteors capable of destroying a city, and needs a telescope in space to improve tracking, the nation’s top science officials said.

http://spacewatchtower.blogspot.com/2013/03/nasa-asteroid-search-program-decade.html

gaw

Glenn A. Walsh, Project Director,
Friends of the Zeiss < http://friendsofthezeiss.org >
Electronic Mail - < [log in to unmask] >
SpaceWatchtower Blog: < http://spacewatchtower.blogspot.com/ >

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------------------------------

Date:    Tue, 19 Mar 2013 13:59:46 -0500
From:    Thomas Close <[log in to unmask]>
Subject: Contract Staff/Educators

Hi everyone,

The museum I work at is growing rapidly. As the new healthcare legislation
starts to set in, we're interested in hiring *contracted* full-time,
non-benefited educators and other staff. However, our HR department (coming
from a for-profit, corporate background) is hesitant to do so without more
information on the topic. Although I'd love for everyone to receive
benefits, I know we have many more people who'd simply prefer to have
full-time hours instead of part-time.

Can anyone point me in the direction of resources/research related to this
topic?

In an effort to gather information and convince them that other museums &
non-profits are hiring this way, my director has created the following
survey. I'd be very appreciative if you all could take a few moments to
fill it out.


https://www.surveymonkey.com/s/D7J39XN

 Best,

Thomas Close
Gallery Experience Manager
Perot Museum of Nature and Science

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------------------------------

Date:    Tue, 19 Mar 2013 15:55:47 -0400
From:    Elizabeth Walton <[log in to unmask]>
Subject: Re: Contract Staff/Educators

I don't understand, if you give your full time staff benefits now, why
would you want to stop giving it when it is required?
Or is it that you do not get healthcare now and do not want to offer it in
the future either?

It is understandable that your HR department does not want to break the
law. In fact it is their job.


On Tue, Mar 19, 2013 at 2:59 PM, Thomas Close <[log in to unmask]> wrote:

> Hi everyone,
>
> The museum I work at is growing rapidly. As the new healthcare legislation
> starts to set in, we're interested in hiring *contracted* full-time,
> non-benefited educators and other staff. However, our HR department (coming
> from a for-profit, corporate background) is hesitant to do so without more
> information on the topic. Although I'd love for everyone to receive
> benefits, I know we have many more people who'd simply prefer to have
> full-time hours instead of part-time.
>
> Can anyone point me in the direction of resources/research related to this
> topic?
>
> In an effort to gather information and convince them that other museums &
> non-profits are hiring this way, my director has created the following
> survey. I'd be very appreciative if you all could take a few moments to
> fill it out.
>
>
> https://www.surveymonkey.com/s/D7J39XN
>
>  Best,
>
> Thomas Close
> Gallery Experience Manager
> Perot Museum of Nature and Science
>
>
>
> ------------------------------
>
> To unsubscribe from the MUSEUM-L list, click the following link:
> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1
>

=========================================================
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The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes).

If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask] . The body of the message should read "Signoff Museum-L" (without the quotes).

------------------------------

Date:    Tue, 19 Mar 2013 15:55:03 -0400
From:    Beth Huffer <[log in to unmask]>
Subject: Announcing NEH Film Set and Public Programming Grants

Having trouble viewing this email? Click here <http://campaign.r20.constantcontact.com/render?llr=7yber8bab&v=001VZO97oWchjBJoY9vk4erP7cfXvKTlIso1ql6oav8so_9L2TAE6G90AwI8Syzrw70S9vxE8Ha6MpR8Y2YcPTknnlI4ajvHlsEMU_akIT7fHO1HZq7QDwOBpYbLwgeLaQrmVRMRd-kxtA%3D>



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[http://ih.constantcontact.com/fs162/1101509297948/img/243.gif] [http://ih.constantcontact.com/fs162/1101509297948/img/238.png]

 Created Equal: America's Civil Rights Struggle

A special initiative of the National Endowment for the Humanities



Applications open for film sets and grants to develop public programming in your community



The National Endowment for the Humanities, in partnership with the Gilder Lehrman Institute of American History, announces the launch of the special initiative, Created Equal: America's Civil Rights Struggle. The project brings together four nationally acclaimed films that connect the stories of the long civil rights movement to spark public conversations about the changing meanings of freedom and equality in U.S. history.






About the films:



[http://ih.constantcontact.com/fs162/1101509297948/img/242.gif]

The Abolitionists<http://r20.rs6.net/tn.jsp?e=001-i5FHoz73pWIjEAMcqyVl7x04IdyOdyHteLmRoGpwlokYqnzFq4oBEXlg9eItgXZSi0ZCA1r63tRpizHff_OKMR3kNzawEA0lNvQbg4zktkymgC-TFd13sCk3Zeq8-4uHJX82np-WDaTBcBT8DTIfibe2DxIVqIazfr-_13pYSeAQnTvCekEFfo-Ql7Z7J8wAVSsOCjPJ7RDysPUYxmnmTqE41XBRuTp8Tjxy6YqVivuc7xZDLpbXMJX2waVXXjciYWdLOjCTNLezuQEqTkTpONYpTY-3veFEdmHR4ChVTr2QlZ_An0LweTLrb9corTZ>

A small group of moral reformers in the 1830s launched one of the most ambitious social movements imaginable: the immediate emancipation of millions of African Americans who were enslaved. Produced and directed by Rob Rapley. Sharon Grimberg, executive producer for American Experience, WGBH.





[http://ih.constantcontact.com/fs162/1101509297948/img/246.gif]Slavery by Another Name<http://r20.rs6.net/tn.jsp?e=001-i5FHoz73pUTOHNQ8BQgx5ENq47r-KdpU6vrMi_EjHwimBzF_o7n4-LvHEYtF3ea9gn93-AiMlv7xhv9Fqh8kkGSvnOh342gT7u6B-cWg2GSvTg-XTSbEAGqixLQdh9mDA_GMF2ZpYQO41dchrl_h8zDppxhc5dTjLAnE9FCa8K_TNJXQhFyNOUHfisIzGKH2VO9fRxaB8YCU_60BZfFZT6WKBuOkWIa3FF0wRh7njTmzV8i8_A2-bgVts5mjs_sh0YWd-oQ9yPNCpNCZ1xMAxUdFwuWZ2iW>

Even as slavery ended in the south after the Civil War, new forms of forced labor kept thousands of African Americans in bondage until the onset of World War II. Produced and directed by Sam Pollard. Catherine Allan, executive producer for Twin Cities Public Television. Douglas A. Blackmon, co-executive producer. A production of TPT National Productions, in association with Two Dollars & A Dream, Inc.



[http://ih.constantcontact.com/fs162/1101509297948/img/240.jpg]

Loving Story<http://r20.rs6.net/tn.jsp?e=001-i5FHoz73pUwMBzFDhE7mrf2x89lJUoaNyLhNKS8fYh1gYM2x9jx2GH7s128zAt6c3zzMhQ3u1SdGjNfP3oZGSfYpUezaN_rkOsHz_K8kzQZGIQli7vBQHULW7BSZnR6Mb5BBZc3bCUe_yIdKSp4g-ZNtc5Xr6_O-iM50hegL6HjrfaxdW2_aF63vbuHUNBf9EKNme05fmrOJTpqAXR4nijKoaYRJND-pc04AxYTSbTprm3bjBUhBznDH0j8PZvfGWBWBlZ8saMjoI_qXzjJFG95kz24fj3gE0h6gyxjY4e1a6sQAG6Kxw==>

The moving account of Richard and Mildred Loving, who were arrested in 1958 for violating Virginia's ban on interracial marriage. Their struggle culminated in a landmark Supreme Court decision, Loving v. Virginia (1967.) Directed by Nancy Buirski; produced by Nancy Buirski and Elisabeth Haviland James. A co-production of Augusta Films and HBO Films. Distributed by Icarus Films.



[http://ih.constantcontact.com/fs162/1101509297948/img/241.gif]

Freedom Riders<http://r20.rs6.net/tn.jsp?e=001-i5FHoz73pVY1R33hDmKWbYmnWNWE2bfSQDJEwsuaM7h1w-8z-6d6G4kBq1BIvA-KcPTd0KKdO356Ap2pnu3bQP1THYpOWCl5xShXgtwHBbGaoh1Pjw2x96JuB1AarpwM-SAjtOnNr9s2okjBy_r40ZiR2Ri_KMSwdxinqjQoSBwa7RV91WXNdn8IF8ywUjG-uZQLJQDoepxAKU8hatUL4KJHwHUDPRe-o1qmvzTjkXliNcVlHfoYpL3fEPmuraFqu2lk6lAn4a7VJEN1Zp4wIMUCrzfZOf1Hf91n791rgtoCfk8LvU8YA==>

The Freedom Rides of 1961 were a pivotal moment in the long Civil Rights struggle that redefined America. This documentary film offers an inside look at the brave band of activists who challenged segregation in the Deep South. Produced and directed by Stanley Nelson. Mark Samels, executive producer for American Experience, WGBH.






Up to 500 communities across the nation will receive these four inspiring NEH-funded films on Civil Rights history, accompanied by programming resources to guide public conversations. Each participating site will receive an award of up to $1,200 to support public programming exploring the themes of the Created Equal project.



Applications are open to museums and historical societies; humanities councils; public, academic, and community college libraries; and nonprofit community organizations.



Click here to learn more and apply.<http://r20.rs6.net/tn.jsp?e=001-i5FHoz73pV07ysANtAahVTkKxFy9kBdQtkZVUBAgsovcxVhl1WBpafMp5ZTXzEZq-uw6IR86TuNAKm-2mQukJn5bO35YZqEVInQX77rzhhFXRtxmYftYls31QHPkZr9z8LuupkMU2BghUSW5wBhgg48_kl_7NAHFoxsDaZI0RJtrTqxpXUeHqFAF2xj8mD-c3tOycH6vSS8cX7NrPvc6AR6KHtajNaDvfjEppYOC0SLTmXE2CK7MbwWfjpDNc4ZVgmb0mYxZdmg_Q4X9jdASFX8w2d7aGiO>



Application receipt deadline: May 1, 2013

Notification: June 1, 2013

Grant term: September 1, 2013 - August 31, 2016









Stay Connected


[https://imgssl.constantcontact.com/ui/images1/ic_fbk_22.png]<http://r20.rs6.net/tn.jsp?e=001-i5FHoz73pWq2iHG4iXroj08VAR_qPXi7Y0VAP1Qw_KpY6pYtGQm15D4NEwIftGe1OA88_UIoy_D20zYKA2DP_iUmdsIWw057pcsMJ9vWpgturx9R-9MYIyPRHn9OcQUKhBMEaS3_M0=>  [https://imgssl.constantcontact.com/ui/images1/ic_twit_22.png] <http://r20.rs6.net/tn.jsp?e=001-i5FHoz73pX2PuX9d85Btgqh_Kdl4ybIxZdxO4IXz6f8aUkC5kqJowkcesbQ14nO7oyNl4SEdDkNQp7RMFMeIk-tgClibHNvbVwq6NJ6_8ZcpXNpxIPqSACQ3V7O-uBU>
Visit us at www.gilderlehrman.org<http://r20.rs6.net/tn.jsp?e=001-i5FHoz73pVCJ9ox5yAj8xJEk0E6E3AObhRQukb8a9sfdM_4DDW42H1OLBBlQSBuVjNuYq6sB_27Sg4sg2U7S-jePHAnvZ0kCtU6Y_lashnYO5fPCqp7dyhTO6Q_Zrg4gjHBqJkemo76HZDswy7uQcDsoDCR9FHF9zFZNeToYVmAOG6zluMjNYaQC1AZ_GvPZ8rX8TaU05p75Rky12XO4f5X2JDGwuUOOW8V2FLYi6t2ANzsmSw_9jHFWU7gOjdb0PhSdNHZTsw=>
























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Gilder Lehrman Institute | 19 West 44th Street, Suite 500 | New York | NY | 10036


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------------------------------

Date:    Tue, 19 Mar 2013 15:22:40 -0500
From:    Thomas Close <[log in to unmask]>
Subject: Re: Contract Staff/Educators

Thank you for responding. Many museums currently hire contracted full-time
staff without benefits. That's the nature of contact staffing. Nothing
illegal about it because their benefits (or lack thereof) are specifically
identified in their contract. The issue isn't as black and white as I think
you understood. We do have full-timed employees with benefits and that
won't change. However, we, like countless other museums, need more staff
support. We can provide the hours, but not the benefits... something that I
assume isn't frequently done in the for-profit/corporate realm. Rather than
hiring lots of part-time staff who are constantly asking for more hours, we
would like to at least hire a few contracted full-time staff (without
benefits).

I hope that made more sense...

Best,
Thomas

On Tue, Mar 19, 2013 at 2:55 PM, Elizabeth Walton <[log in to unmask]>wrote:

> I don't understand, if you give your full time staff benefits now, why
> would you want to stop giving it when it is required?
> Or is it that you do not get healthcare now and do not want to offer it in
> the future either?
>
> It is understandable that your HR department does not want to break the
> law. In fact it is their job.
>
>
> On Tue, Mar 19, 2013 at 2:59 PM, Thomas Close <[log in to unmask]>wrote:
>
>> Hi everyone,
>>
>> The museum I work at is growing rapidly. As the new healthcare
>> legislation starts to set in, we're interested in hiring *contracted* full-time,
>> non-benefited educators and other staff. However, our HR department (coming
>> from a for-profit, corporate background) is hesitant to do so without more
>> information on the topic. Although I'd love for everyone to receive
>> benefits, I know we have many more people who'd simply prefer to have
>> full-time hours instead of part-time.
>>
>> Can anyone point me in the direction of resources/research related to
>> this topic?
>>
>> In an effort to gather information and convince them that other museums &
>> non-profits are hiring this way, my director has created the following
>> survey. I'd be very appreciative if you all could take a few moments to
>> fill it out.
>>
>>
>> https://www.surveymonkey.com/s/D7J39XN
>>
>>  Best,
>>
>> Thomas Close
>> Gallery Experience Manager
>> Perot Museum of Nature and Science
>>
>>
>>
>> ------------------------------
>>
>> To unsubscribe from the MUSEUM-L list, click the following link:
>> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1
>>
>
>
> ------------------------------
>
> To unsubscribe from the MUSEUM-L list, click the following link:
> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1
>

=========================================================
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The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes).

If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask] . The body of the message should read "Signoff Museum-L" (without the quotes).

------------------------------

Date:    Tue, 19 Mar 2013 13:15:12 -0700
From:    Jessica Carter <[log in to unmask]>
Subject: Re: Contract Staff/Educators

Hi,
 
Working in benefits consulting and formerly working at museums, I will say you want to be extremely careful about the distinction between contracted employees and W-2 employees.  Contracted (also known as 1099) employees are usually hired for set periods of time to work on specific projects and generally aren't considered part of the permanent workforce.  W-2 (or regular employees) are considered part of the permanent workforce.
 
If you are talking about hiring permanent contracted employees, I would strongly recommend consulting a labor attorney, as Microsoft (and other companies) got into *huge* trouble with this about 10 years ago.  They ended up having to pay all of the back pay and taxes (and they ended up going back for several years involving many employees, so the monies were not insignificant).  The DOL regularly audits for this, and there are penalties as well as back pay and taxes involved.
 
For classifying employees, you will need to look at their specific role in the company, the hours they are expected to work, who directs their workload and how they are managed.  Basically, if they are treated as a regular employee, the DOL will view them as a regular employee, regardless of how you classify them.
 
As far as I know, the rules are not different for non-profits.
 
I work with clients on benefits, and all of them are dealing with the same issues regarding health care reform your museum is.  If you have questions on specific strategies regarding the costs and benefits of health care reform, please feel free to contact me off-list.
 
Warm regards,
Jessica Carter
 
[log in to unmask]


>________________________________
>From: Thomas Close <[log in to unmask]>
>To: [log in to unmask] 
>Sent: Tuesday, March 19, 2013 11:59 AM
>Subject: [MUSEUM-L] Contract Staff/Educators
>
>
>Hi everyone,
>The museum I work at is growing rapidly. As the new healthcare legislation starts to set in, we're interested in hiring contracted full-time, non-benefited educators and other staff. However, our HR department (coming from a for-profit, corporate background) is hesitant to do so without more information on the topic. Although I'd love for everyone to receive benefits, I know we have many more people who'd simply prefer to have full-time hours instead of part-time.
>Can anyone point me in the direction of resources/research related to this topic?
>In an effort to gather information and convince them that other museums & non-profits are hiring this way, my director has created the following survey. I'd be very appreciative if you all could take a few moments to fill it out.
>
>https://www.surveymonkey.com/s/D7J39XN
> Best,
>
>
>Thomas Close
>Gallery Experience Manager
>Perot Museum of Nature and Science
>
>
>
>
>
>>________________________________
>
>To unsubscribe from the MUSEUM-L list, click the following link:
>http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1 
>
>

=========================================================
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The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes).

------------------------------

Date:    Tue, 19 Mar 2013 16:27:59 -0400
From:    Ceres <[log in to unmask]>
Subject: Re: Contract Staff/Educators

I believe it is against the law to allow someone to work more than 38 hours a week and not be treated like all other full-time employees in terms of benefits and perks. So, if anyone at the museum has a full benefits package, you will probably have to cut the contract workers to shorter weeks to stay within the law. 


cbharvest


"We are all star stuff." Carl Sagan



-----Original Message-----
From: Thomas Close <[log in to unmask]>
To: MUSEUM-L <[log in to unmask]>
Sent: Tue, Mar 19, 2013 3:47 pm
Subject: Contract Staff/Educators



Hi everyone,
Themuseum I work at is growing rapidly. As the new healthcare legislation startsto set in, we're interested in hiring contracted full-time, non-benefited educators andother staff. However, our HR department (coming from a for-profit, corporatebackground) is hesitant to do so without more information on the topic.Although I'd love for everyone to receive benefits, I know we have many morepeople who'd simply prefer to have full-time hours instead of part-time.
Cananyone point me in the direction of resources/research related to this topic?
Inan effort to gather information and convince them that other museums & non-profitsare hiring this way, my director has created the following survey. I'd be veryappreciative if you all could take a few moments to fill it out.

https://www.surveymonkey.com/s/D7J39XN
 Best,


Thomas Close
Gallery Experience Manager
Perot Museum of Nature and Science







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Date:    Tue, 19 Mar 2013 15:40:11 -0500
From:    Mary LeMaster <[log in to unmask]>
Subject: Re: Contract Staff/Educators

Many of the museums I've worked at keep their "full-time" staff between 30
and 35 hours. That way they are technically part-time and do not receive
benefits. When these employees worked over their 30 hour limit (which
happened almost every week) they were reimbursed with leave, rather than
overtime. I found that the employees had no issue with this as they
preferred to accumulate their leave for long personal holidays and
maternity leave.

Hope this helps!



On 19 March 2013 15:27, Ceres <[log in to unmask]> wrote:

> I believe it is against the law to allow someone to work more than 38
> hours a week and not be treated like all other full-time employees in terms
> of benefits and perks. So, if anyone at the museum has a full benefits
> package, you will probably have to cut the contract workers to shorter
> weeks to stay within the law.
>
>  cbharvest
>
>  *"We are all star stuff." *Carl Sagan
>
>
> -----Original Message-----
> From: Thomas Close <[log in to unmask]>
> To: MUSEUM-L <[log in to unmask]>
> Sent: Tue, Mar 19, 2013 3:47 pm
> Subject: Contract Staff/Educators
>
>  Hi everyone,
> The museum I work at is growing rapidly. As the new healthcare legislation
> starts to set in, we're interested in hiring *contracted* full-time,
> non-benefited educators and other staff. However, our HR department (coming
> from a for-profit, corporate background) is hesitant to do so without more
> information on the topic. Although I'd love for everyone to receive
> benefits, I know we have many more people who'd simply prefer to have
> full-time hours instead of part-time.
> Can anyone point me in the direction of resources/research related to this
> topic?
> In an effort to gather information and convince them that other museums &
> non-profits are hiring this way, my director has created the following
> survey. I'd be very appreciative if you all could take a few moments to
> fill it out.
>
> https://www.surveymonkey.com/s/D7J39XN
>  Best,
>
>  Thomas Close
> Gallery Experience Manager
> Perot Museum of Nature and Science
>
>
>
> ------------------------------
> To unsubscribe from the MUSEUM-L list, click the following link:
> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1
>
> ------------------------------
>
> To unsubscribe from the MUSEUM-L list, click the following link:
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>

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Date:    Tue, 19 Mar 2013 16:29:35 -0400
From:    Deb Fuller <[log in to unmask]>
Subject: Re: Contract Staff/Educators

Can I gripe for a moment, why is it educators who are always at the
bottom of the ladder in terms of benefits and pay? No, we don't have
PhDs, but we're the ones usually working with the public, day in and
day out. If it wasn't for educators, museums wouldn't offer the
variety of programs that bring people into museums. Not everyone wants
to listen to a curator lecture. We are the ones dealing with school
groups, which typically make up a huge chunk of a museum's admissions.
If anyone needs health care, it's the educators who are in constant
contact with an army of germs from dealing with the public.

If you have to dole out health care or decide who gets and who
doesn't, it should be based on time at the museum or some other equal
factor not singling out one career field.

And really get the facts on single health care plans. Most don't offer
prescription drug benefits and have high deductibles. Thus even if
someone is making a lot more money and paying for their own plan, they
still might not be going to the doctor or getting their meds because
they are paying a crapton of out of pocket expenses.  Someone who has
student loans and paying out of pocket for health care, just might not
have the money to shell out $200 for a prescription, esp. if it is a
monthly one. So in terms of total value, it might be worth it to offer
people health care as corporate plans usually come with prescription
drug benefits. The more healthy people are, the more they'll be at
work. That's a more valuable employee than a "cheaper one" who is
working for less money/benefits, has crappy health care, and doesn't
get their meds or go to the docs as much as they should because they
can't afford it.

Deb Fuller


> On Tue, Mar 19, 2013 at 2:59 PM, Thomas Close <[log in to unmask]> wrote:
>>
>> Hi everyone,
>>
>> The museum I work at is growing rapidly. As the new healthcare legislation starts to set in, we're interested in hiring contracted full-time,
>> non-benefited educators and other staff. However, our HR department (coming from a for-profit, corporate background) is hesitant to do so without more
>> information on the topic. Although I'd love for everyone to receive benefits, I know we have many more people who'd simply prefer to have
>> full-time hours instead of part-time.

=========================================================
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Date:    Tue, 19 Mar 2013 15:42:52 -0500
From:    Peter Olson <[log in to unmask]>
Subject: [AAMG-L] Collection Databases


Hi folks, 

I know this topic has come up many times before, but I'm looking for recommendations for a new collection database program. 

We work with students, many of whom go on to work at museums with Past Perfect databases. So, on the one hand, I see how it would be good for us to have this program too. However, I have heard that PP is a "dying" program, with dwindling tech support. Do you all agree or disagree? If PP is fading, what will replace it? 

Our collection is not huge, maybe 1200 art objects - mostly 20th century works on paper. 

Thanks in advance for any suggestions. 

Pete

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Date:    Tue, 19 Mar 2013 20:56:47 +0000
From:    Ware Petznick <[log in to unmask]>
Subject: Re: Contract Staff/Educators

It depends on the state in which your museum operates.



In the State of Ohio, full-time is considered to be 25 hours/week, which means that any employee who works 25 hours or more must be offered the same benefits as those working 40 hours per week. This was the case for our health insurance group plan. I cannot speak about other benefits or requirements.



I hope that this helps.



Ware Petznick, PhD

Director of Education & Administration

Shaker Historical Society

16740 South Park Boulevard

Shaker Heights, Ohio 44120

216-921-1201

[log in to unmask]<mailto:[log in to unmask]>

www.shakerhistory.org<http://www.shakerhistory.org>



"You may not live longer, but you'll live better"



NOW ON EXHIBIT at the Shaker Historical Society - EXTENDED until March 31st - : Don Hisaka: The Cleveland Years and in the Jack and Linda Lissauer Gallery, Prints from Zygote Press, entitled PEP, a traveling exhibition known as the Printmaking Exhibition Project.



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Date:    Tue, 19 Mar 2013 14:19:04 -0700
From:    David Harvey <[log in to unmask]>
Subject: Re: Contract Staff/Educators

You also need to be aware of liability issues if you aren't already.
Contractors are not covered by workman's compensation and it may be
necessary for you to require them to carry and show proof of their own
liability policies, otherwise if an accident happens on your site you may
be liable. For this reason many organizations hire part-time staff rather
than contractors who do not acquire enough regular hours for benefits. You
have to be very, very careful if your contractors are working full time and
you have made them this status to deny them benefits and your nomenclature
and how you describe their work has a bearing on any investigation by state
or federal labor departments. I personally dislike the terms "contract
employees" or "contract staff". A contractor is a contractor and not an
employee or staff, and the use of those terms muddies the legal and
organizational relationship.

Cheers!
Dave
Senior Conservator & Museum Consultant
Los Angeles CA
www.cityofangelsconservation.weebly.com
On Mar 19, 2013 1:31 PM, "Thomas Close" <[log in to unmask]> wrote:

> Thank you for responding. Many museums currently hire contracted full-time
> staff without benefits. That's the nature of contact staffing. Nothing
> illegal about it because their benefits (or lack thereof) are specifically
> identified in their contract. The issue isn't as black and white as I think
> you understood. We do have full-timed employees with benefits and that
> won't change. However, we, like countless other museums, need more staff
> support. We can provide the hours, but not the benefits... something that I
> assume isn't frequently done in the for-profit/corporate realm. Rather than
> hiring lots of part-time staff who are constantly asking for more hours, we
> would like to at least hire a few contracted full-time staff (without
> benefits).
>
> I hope that made more sense...
>
> Best,
> Thomas
>
> On Tue, Mar 19, 2013 at 2:55 PM, Elizabeth Walton <[log in to unmask]>wrote:
>
>> I don't understand, if you give your full time staff benefits now, why
>> would you want to stop giving it when it is required?
>> Or is it that you do not get healthcare now and do not want to offer it
>> in the future either?
>>
>> It is understandable that your HR department does not want to break the
>> law. In fact it is their job.
>>
>>
>> On Tue, Mar 19, 2013 at 2:59 PM, Thomas Close <[log in to unmask]>wrote:
>>
>>> Hi everyone,
>>>
>>> The museum I work at is growing rapidly. As the new healthcare
>>> legislation starts to set in, we're interested in hiring *contracted* full-time,
>>> non-benefited educators and other staff. However, our HR department (coming
>>> from a for-profit, corporate background) is hesitant to do so without more
>>> information on the topic. Although I'd love for everyone to receive
>>> benefits, I know we have many more people who'd simply prefer to have
>>> full-time hours instead of part-time.
>>>
>>> Can anyone point me in the direction of resources/research related to
>>> this topic?
>>>
>>> In an effort to gather information and convince them that other museums
>>> & non-profits are hiring this way, my director has created the following
>>> survey. I'd be very appreciative if you all could take a few moments to
>>> fill it out.
>>>
>>>
>>> https://www.surveymonkey.com/s/D7J39XN
>>>
>>>  Best,
>>>
>>> Thomas Close
>>> Gallery Experience Manager
>>> Perot Museum of Nature and Science
>>>
>>>
>>>
>>> ------------------------------
>>>
>>> To unsubscribe from the MUSEUM-L list, click the following link:
>>> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1
>>>
>>
>>
>> ------------------------------
>>
>> To unsubscribe from the MUSEUM-L list, click the following link:
>> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1
>>
>
>
> ------------------------------
>
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>

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Date:    Tue, 19 Mar 2013 20:34:40 +0000
From:    Elizabeth Maurer <[log in to unmask]>
Subject: Re: Contract Staff/Educators


Hello, 

Forgive me for chiming in when the request really was to complete a survey.  Though it's been many years since I worked in HR, before returning to museums, the question below did reawaken some old issues.  

It would be prudent to be very, very careful before deciding to go the fully contract route with people who will be designated as full time.  (And if I'm not mistaken, but please check, the new laws classify 30+ hours a week as full time.) 

There are very specific definitions of who is and who may not be designated as a "contractor". Very large companies have gotten into trouble over the years by designating people as full-time contractors and then treating them as full time employees, i.e. using the same forms, policies, and manuals designated for regular employees.  Some even got into trouble by inviting contract workers to the annual holiday party.  So, if you plan to go this route, be prepared to administer a separate set of policies and regulations for contract staff.  Alternatively, you might consider using a third party to be the employer of record.  Many staffing services will do this for you at a relatively low mark up (Manpower, Kelly, etc.), and they become the employer of record with responsibility for payroll administration.

If your goal is simply to avoid health insurance and/or the fine, then strongly consider hiring your new staff as part time employees and strictly monitoring their hours. This would eliminate your need to set up a parallel system for employee administration. 

If the staff are truly "contractors", then the employees will be responsible for paying their own taxes. Your organization will not have to pay unemployment insurance or take out taxes, but one would expect you to pay a higher hourly wage to compensate the staff for having to pay both their own and the employer's share of income taxes. 

Lastly, think about how these new employees' moral will be affected in both the short and long term. While they may be happy at the beginning simply to have jobs, over time many contractors start to feel like second-class employees. When they see that others in the organization receive benefits to which they will never be entitled or that there is no pathway to regular status, they often lose enthusiasm. Regardless of the economy, turnover may become an issue as people seek regular employment.  This will affect your ability to recruit high quality staff and you will incur higher training charges. 

I realize that this is not the question that you asked.  However, it sounds like your HR person has valid concerns and that there are many issues to resolve before moving to this system. 

All the best, 

Liz

Liz Maurer
Director
Re-Living History
www.re-livinghistory.com
Create, Learn, Engage


Date: Tue, 19 Mar 2013 15:55:47 -0400
From: [log in to unmask]
Subject: Re: [MUSEUM-L] Contract Staff/Educators
To: [log in to unmask]

I don't understand, if you give your full time staff benefits now, why would you want to stop giving it when it is required? Or is it that you do not get healthcare now and do not want to offer it in the future either? 

It is understandable that your HR department does not want to break the law. In fact it is their job.  
On Tue, Mar 19, 2013 at 2:59 PM, Thomas Close <[log in to unmask]> wrote:

Hi everyone,

The
museum I work at is growing rapidly. As the new healthcare legislation starts
to set in, we're interested in hiring contracted full-time, non-benefited educators and
other staff. However, our HR department (coming from a for-profit, corporate
background) is hesitant to do so without more information on the topic.
Although I'd love for everyone to receive benefits, I know we have many more
people who'd simply prefer to have full-time hours instead of part-time.

Can
anyone point me in the direction of resources/research related to this topic?

In
an effort to gather information and convince them that other museums & non-profits
are hiring this way, my director has created the following survey. I'd be very
appreciative if you all could take a few moments to fill it out.



https://www.surveymonkey.com/s/D7J39XN



 Best,
Thomas CloseGallery Experience ManagerPerot Museum of Nature and Science






To unsubscribe from the MUSEUM-L list, click the following link:

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Date:    Tue, 19 Mar 2013 17:45:55 -0400
From:    Marc A Williams <[log in to unmask]>
Subject: Re: Contract Staff/Educators, but off on the "gripe" comment

Deb, and all,

If all of us are allowed to gripe for a moment, I would postulate that currently the bottom of the ladder are conservators.  How many small to medium institutions have staff conservators?  Virtually none?  How many such institutions would have anything to educate about if they did not have collections or historic buildings?  Why is preservation of such historic assets near the bottom of their agendas?  Everything lasts forever without planning and preservation actions?  In this era of digital collections, it just might be possible to have a "museum" without a collection.  But is this what most institutions want?  I was trained in the 1970s as a conservator.  In the nearly 40 years since then, there has been very, very little movement in museums/institutions hiring conservators on staff.  ALL museum professionals are having a hard time gaining employment, partially due to too many training opportunities being offered at all the universities/colleges across the country without consideration for the number of potential jobs.  However, the number of conservation training venues has remained fairly constant, excepting paper/library/archival programs, which have been a bit exuberant.  But, not that many more conservators are on staff at institutions.  Why?  Every survey that has ever been done indicates that preservation in our institutions is severely neglected at best.  And in smaller institutions, it is nearly non-existent.  

I suggest that every institution advocate for preservation of their collections, whether objects or architecture.  And I mean REAL advocacy, not an occasional mention.  With real physical objects being preserved, institutions can educate and tie their collections to their local history.  Without them, can they still do this?  Will a "collection" with virtual objects be the same?  Advocacy for preservation generates interest and excitement and a growth of the perceived need for educators, curators, and museum administrators.  And this leads to jobs and perceived worth.  What is the base of the pyramid, and what is the top?

Marc

American Conservation Consortium, Ltd.
     4 Rockville Road
     Broad Brook, CT 06016
     www.conservator.com 
     860-386-6058 

Marc A. Williams, President
     MS in Art Conservation, Winterthur Museum Program
     Former Chief Wooden Objects Conservator, Smithsonian Institution
     Fellow, American Institute for Conservation (AIC)

----- Original Message ----- 
  From: Deb Fuller 
  To: [log in to unmask] 
  Sent: Tuesday, March 19, 2013 4:29 PM
  Subject: Re: [MUSEUM-L] Contract Staff/Educators


  Can I gripe for a moment, why is it educators who are always at the
  bottom of the ladder in terms of benefits and pay? No, we don't have
  PhDs, but we're the ones usually working with the public, day in and
  day out. If it wasn't for educators, museums wouldn't offer the
  variety of programs that bring people into museums. Not everyone wants
  to listen to a curator lecture. We are the ones dealing with school
  groups, which typically make up a huge chunk of a museum's admissions.
  If anyone needs health care, it's the educators who are in constant
  contact with an army of germs from dealing with the public.

  If you have to dole out health care or decide who gets and who
  doesn't, it should be based on time at the museum or some other equal
  factor not singling out one career field.

  And really get the facts on single health care plans. Most don't offer
  prescription drug benefits and have high deductibles. Thus even if
  someone is making a lot more money and paying for their own plan, they
  still might not be going to the doctor or getting their meds because
  they are paying a crapton of out of pocket expenses.  Someone who has
  student loans and paying out of pocket for health care, just might not
  have the money to shell out $200 for a prescription, esp. if it is a
  monthly one. So in terms of total value, it might be worth it to offer
  people health care as corporate plans usually come with prescription
  drug benefits. The more healthy people are, the more they'll be at
  work. That's a more valuable employee than a "cheaper one" who is
  working for less money/benefits, has crappy health care, and doesn't
  get their meds or go to the docs as much as they should because they
  can't afford it.

  Deb Fuller


  > On Tue, Mar 19, 2013 at 2:59 PM, Thomas Close <[log in to unmask]> wrote:
  >>
  >> Hi everyone,
  >>
  >> The museum I work at is growing rapidly. As the new healthcare legislation starts to set in, we're interested in hiring contracted full-time,
  >> non-benefited educators and other staff. However, our HR department (coming from a for-profit, corporate background) is hesitant to do so without more
  >> information on the topic. Although I'd love for everyone to receive benefits, I know we have many more people who'd simply prefer to have
  >> full-time hours instead of part-time.

  =========================================================
  Important Subscriber Information:

  The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes).

  If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask] . The body of the message should read "Signoff Museum-L" (without the quotes).

=========================================================
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------------------------------

Date:    Tue, 19 Mar 2013 17:51:32 -0400
From:    Marc A Williams <[log in to unmask]>
Subject: Re: Contract Staff/Educators

Deb, and all,

If all of us are allowed to gripe for a moment, I would postulate that currently the bottom of the ladder are conservators.  How many small to medium institutions have staff conservators?  Virtually none?  How many such institutions would have anything to educate about if they did not have collections or historic buildings?  Why is preservation of such historic assets near the bottom of their agendas?  Everything lasts forever without planning and preservation actions?  In this era of digital collections, it just might be possible to have a "museum" without a collection.  But is this what most institutions want?  I was trained in the 1970s as a conservator.  In the nearly 40 years since then, there has been very, very little movement in museums/institutions hiring conservators on staff.  ALL museum professionals are having a hard time gaining employment, partially due to too many training opportunities being offered at all the universities/colleges across the country without consideration for the number of potential jobs.  However, the number of conservation training venues has remained fairly constant, excepting paper/library/archival programs, which have been a bit exuberant.  But, not that many more conservators are on staff at institutions.  Why?  Every survey that has ever been done indicates that preservation in our institutions is severely neglected at best.  And in smaller institutions, it is nearly non-existent.  

I suggest that every institution advocate for preservation of their collections, whether objects or architecture.  And I mean REAL advocacy, not an occasional mention.  With real physical objects being preserved, institutions can educate and tie their collections to their local history.  Without them, can they still do this?  Will a "collection" with virtual objects be the same?  Advocacy for preservation generates interest and excitement and a growth of the perceived need for educators, curators, and museum administrators.  And this leads to jobs and perceived worth.  What is the base of the pyramid, and what is the top?

Marc

American Conservation Consortium, Ltd.
     4 Rockville Road
     Broad Brook, CT 06016
     www.conservator.com 
     860-386-6058 

Marc A. Williams, President
     MS in Art Conservation, Winterthur Museum Program
     Former Chief Wooden Objects Conservator, Smithsonian Institution
     Fellow, American Institute for Conservation (AIC)

----- Original Message ----- 
  From: Deb Fuller 
  To: [log in to unmask] 
  Sent: Tuesday, March 19, 2013 4:29 PM
  Subject: Re: [MUSEUM-L] Contract Staff/Educators


  Can I gripe for a moment, why is it educators who are always at the
  bottom of the ladder in terms of benefits and pay? No, we don't have
  PhDs, but we're the ones usually working with the public, day in and
  day out. If it wasn't for educators, museums wouldn't offer the
  variety of programs that bring people into museums. Not everyone wants
  to listen to a curator lecture. We are the ones dealing with school
  groups, which typically make up a huge chunk of a museum's admissions.
  If anyone needs health care, it's the educators who are in constant
  contact with an army of germs from dealing with the public.

  If you have to dole out health care or decide who gets and who
  doesn't, it should be based on time at the museum or some other equal
  factor not singling out one career field.

  And really get the facts on single health care plans. Most don't offer
  prescription drug benefits and have high deductibles. Thus even if
  someone is making a lot more money and paying for their own plan, they
  still might not be going to the doctor or getting their meds because
  they are paying a crapton of out of pocket expenses.  Someone who has
  student loans and paying out of pocket for health care, just might not
  have the money to shell out $200 for a prescription, esp. if it is a
  monthly one. So in terms of total value, it might be worth it to offer
  people health care as corporate plans usually come with prescription
  drug benefits. The more healthy people are, the more they'll be at
  work. That's a more valuable employee than a "cheaper one" who is
  working for less money/benefits, has crappy health care, and doesn't
  get their meds or go to the docs as much as they should because they
  can't afford it.

  Deb Fuller


  > On Tue, Mar 19, 2013 at 2:59 PM, Thomas Close <[log in to unmask]> wrote:
  >>
  >> Hi everyone,
  >>
  >> The museum I work at is growing rapidly. As the new healthcare legislation starts to set in, we're interested in hiring contracted full-time,
  >> non-benefited educators and other staff. However, our HR department (coming from a for-profit, corporate background) is hesitant to do so without more
  >> information on the topic. Although I'd love for everyone to receive benefits, I know we have many more people who'd simply prefer to have
  >> full-time hours instead of part-time.

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Date:    Tue, 19 Mar 2013 18:35:56 -0400
From:    Shay Henrion <[log in to unmask]>
Subject: Re: Contract Staff/Educators

Hello all: 

This is my first time posting to Museum-L, but this is an experience about which I can speak personally. I'm currently a contractor at the Smithsonian. I'm technically self-employed, and as such am responsible for withholding my own taxes, paying my own health insurance and have no other benefits like PTO or sick leave. We're also required by the Smithsonian to have liability insurance; thankfully they offer a plan, so I can't speak to going about getting that. 

Contracting is not ideal. Paying your own taxes is remarkably expensive and not having benefits only makes life more stressful. There is also the problem of contracting being somewhat demoralizing. As Elizabeth mentioned, there are many regulations that your museum must be aware of. Therefore, we Smithsonian contractors (and there are a lot of us) aren't allowed at the holiday party or many other functions. We're treated as valuable but still somewhere between employees and interns (this specific thing may not be the case everywhere). If you can, please try to find a way to give your future employees benefits. You're likely to have less employee turnover that way and morale will likely be higher!

Thank you!
Shay Henrion 

Sent from my iPhone

On Mar 19, 2013, at 4:34 PM, Elizabeth Maurer <[log in to unmask]> wrote:

> Hello, 
> 
> Forgive me for chiming in when the request really was to complete a survey.  Though it's been many years since I worked in HR, before returning to museums, the question below did reawaken some old issues.  
> 
> It would be prudent to be very, very careful before deciding to go the fully contract route with people who will be designated as full time.  (And if I'm not mistaken, but please check, the new laws classify 30+ hours a week as full time.) 
> 
> There are very specific definitions of who is and who may not be designated as a "contractor". Very large companies have gotten into trouble over the years by designating people as full-time contractors and then treating them as full time employees, i.e. using the same forms, policies, and manuals designated for regular employees.  Some even got into trouble by inviting contract workers to the annual holiday party.  So, if you plan to go this route, be prepared to administer a separate set of policies and regulations for contract staff.  Alternatively, you might consider using a third party to be the employer of record.  Many staffing services will do this for you at a relatively low mark up (Manpower, Kelly, etc.), and they become the employer of record with responsibility for payroll administration.
> 
> If your goal is simply to avoid health insurance and/or the fine, then strongly consider hiring your new staff as part time employees and strictly monitoring their hours. This would eliminate your need to set up a parallel system for employee administration. 
> 
> If the staff are truly "contractors", then the employees will be responsible for paying their own taxes. Your organization will not have to pay unemployment insurance or take out taxes, but one would expect you to pay a higher hourly wage to compensate the staff for having to pay both their own and the employer's share of income taxes. 
> 
> Lastly, think about how these new employees' moral will be affected in both the short and long term. While they may be happy at the beginning simply to have jobs, over time many contractors start to feel like second-class employees. When they see that others in the organization receive benefits to which they will never be entitled or that there is no pathway to regular status, they often lose enthusiasm. Regardless of the economy, turnover may become an issue as people seek regular employment.  This will affect your ability to recruit high quality staff and you will incur higher training charges. 
> 
> I realize that this is not the question that you asked.  However, it sounds like your HR person has valid concerns and that there are many issues to resolve before moving to this system. 
> 
> All the best, 
> 
> Liz
> 
> Liz Maurer
> Director
> Re-Living History
> www.re-livinghistory.com
> Create, Learn, Engage
> 
> 
> Date: Tue, 19 Mar 2013 15:55:47 -0400
> From: [log in to unmask]
> Subject: Re: [MUSEUM-L] Contract Staff/Educators
> To: [log in to unmask]
> 
> I don't understand, if you give your full time staff benefits now, why would you want to stop giving it when it is required? 
> Or is it that you do not get healthcare now and do not want to offer it in the future either? 
> 
> It is understandable that your HR department does not want to break the law. In fact it is their job. 
>  
> 
> On Tue, Mar 19, 2013 at 2:59 PM, Thomas Close <[log in to unmask]> wrote:
> Hi everyone,
> The museum I work at is growing rapidly. As the new healthcare legislation starts to set in, we're interested in hiring contracted full-time, non-benefited educators and other staff. However, our HR department (coming from a for-profit, corporate background) is hesitant to do so without more information on the topic. Although I'd love for everyone to receive benefits, I know we have many more people who'd simply prefer to have full-time hours instead of part-time.
> Can anyone point me in the direction of resources/research related to this topic?
> In an effort to gather information and convince them that other museums & non-profits are hiring this way, my director has created the following survey. I'd be very appreciative if you all could take a few moments to fill it out.
> 
> https://www.surveymonkey.com/s/D7J39XN
>  Best,
> 
> Thomas Close
> Gallery Experience Manager
> Perot Museum of Nature and Science
> 
> 
> 
> To unsubscribe from the MUSEUM-L list, click the following link:
> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1
> 
> 
> 
> To unsubscribe from the MUSEUM-L list, click the following link:
> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1
> 
> 
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Date:    Tue, 19 Mar 2013 16:23:27 -0700
From:    Meg Justus <[log in to unmask]>
Subject: Contract Staff/Educators, but off on the "gripe" comment


ALL museum professionals are having a hard time gaining employment, partially due to too many training opportunities being offered at all the universities/colleges across the country without consideration for the number of potential jobs.  

I keep reading this concept over and over on this listerv.  But something that bothers me about it is -- wouldn't people be complaining at least as loudly if museum degree programs strictly limited the number of museum professionals they graduate far more than they do now because the jobs aren't there, so that many of the people who really want the museum credentials wouldn't be able to get them?  If people did their research before applying to the program to find out what the employment situation is like, and if they decided on other career paths because of it, wouldn't that solve the more professionals than there are jobs problem, too?

What's worse, having a degree in a field you love and not being able to get work in that field, or not being able to get the degree you want in the first place?

Just curious.

Meg Justus
independent curator who works as a contractor -- for set projects with set deadlines, then moves on, by choice -- for several small local museums

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Date:    Tue, 19 Mar 2013 19:47:05 -0500
From:    Sara <[log in to unmask]>
Subject: Re: Contract Staff/Educators, but off on the "gripe" comment

Meg, you raise some important issues. There are fewer jobs than there are applicants, but there are also far too many of us out there doing the work of at least two people if not far far more. Sadly, this is the reality of our current moment and perhaps it is partly because we aren't advocating hard enough for adequate funding and staffs (I'm sure the majority of the public has no clue what museum professionals do on a day to day basis), or maybe the programs training these "extra" professionals should be doing more in this arena. As a part-time director/curator at two local history museums I am swamped and never able to do enough in my time which adds up to one full-time job so that I can survive and pay off grad school. It is a topic that needs a lot more attention and hopefully AAM is working on it with its new rebranding because I'm pretty sure those of us with jobs are working far too hard to do the work of many to make a difference in a profession we love and those without one are working far too hard to get one.

My two cents at the end of a long day:)
Sara

On Mar 19, 2013, at 6:23 PM, Meg Justus <[log in to unmask]> wrote:

>  
> ALL museum professionals are having a hard time gaining employment, partially due to too many training opportunities being offered at all the universities/colleges across the country without consideration for the number of potential jobs. 
>  
> I keep reading this concept over and over on this listerv.  But something that bothers me about it is -- wouldn't people be complaining at least as loudly if museum degree programs strictly limited the number of museum professionals they graduate far more than they do now because the jobs aren't there, so that many of the people who really want the museum credentials wouldn't be able to get them?  If people did their research before applying to the program to find out what the employment situation is like, and if they decided on other career paths because of it, wouldn't that solve the more professionals than there are jobs problem, too?
>  
> What's worse, having a degree in a field you love and not being able to get work in that field, or not being able to get the degree you want in the first place?
>  
> Just curious.
>  
> Meg Justus
> independent curator who works as a contractor -- for set projects with set deadlines, then moves on, by choice -- for several small local museums
> 
> To unsubscribe from the MUSEUM-L list, click the following link:
> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1

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------------------------------

Date:    Tue, 19 Mar 2013 18:39:30 -0700
From:    Meg Justus <[log in to unmask]>
Subject: Contract Staff/Educators, but off on the "gripe" comment

there are also far too many of us out there doing the work of at least two people if not far far more Sadly, this is the reality of our current moment and perhaps it is partly because we aren't advocating hard enough for adequate funding and staffs 

Yes, there seems to be plenty of work available out there, but no money to pay anyone to do it.  Hence all the internships and calls for volunteers instead of job openings.  As a freelance curator and exhibit designer, I see a lot of that, too.  The people connected with local historical societies and other small museums I network with to find gigs are almost exclusively volunteers themselves, usually board presidents, because there are no paid employees.  And there are no paid employees because there is no money to pay someone month in and month out.  A one-off with a contractor (esp. since the paperwork is so much easier for them) is much more doable from their point of view.  Get a grant, hire a contractor is the story of my life.

I'm not quite sure where I'm going with this, because I may talk myself into a hole here, but if an organization can't raise enough money to hire even one staff member, how viable is that organization in the first place?  I've wondered that about more than one museum I've contracted with.

Meg Justus
independent curator

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------------------------------

Date:    Tue, 19 Mar 2013 21:09:56 -0500
From:    Thomas Close <[log in to unmask]>
Subject: Re: Contract Staff/Educators

Everyone, 

Thank you so much for the feedback and insight. This has actually been very enlightening for me. I'm now understanding the hesitance to hire contracted staff and have passed along all of your advice to my superiors. We're still very actively exploring all options for our future hiring.

Best,
Thomas Close

On Mar 19, 2013, at 5:35 PM, Shay Henrion <[log in to unmask]> wrote:

> Hello all: 
> 
> This is my first time posting to Museum-L, but this is an experience about which I can speak personally. I'm currently a contractor at the Smithsonian. I'm technically self-employed, and as such am responsible for withholding my own taxes, paying my own health insurance and have no other benefits like PTO or sick leave. We're also required by the Smithsonian to have liability insurance; thankfully they offer a plan, so I can't speak to going about getting that. 
> 
> Contracting is not ideal. Paying your own taxes is remarkably expensive and not having benefits only makes life more stressful. There is also the problem of contracting being somewhat demoralizing. As Elizabeth mentioned, there are many regulations that your museum must be aware of. Therefore, we Smithsonian contractors (and there are a lot of us) aren't allowed at the holiday party or many other functions. We're treated as valuable but still somewhere between employees and interns (this specific thing may not be the case everywhere). If you can, please try to find a way to give your future employees benefits. You're likely to have less employee turnover that way and morale will likely be higher!
> 
> Thank you!
> Shay Henrion 
> 
> Sent from my iPhone
> 
> On Mar 19, 2013, at 4:34 PM, Elizabeth Maurer <[log in to unmask]> wrote:
> 
>> Hello, 
>> 
>> Forgive me for chiming in when the request really was to complete a survey.  Though it's been many years since I worked in HR, before returning to museums, the question below did reawaken some old issues.  
>> 
>> It would be prudent to be very, very careful before deciding to go the fully contract route with people who will be designated as full time.  (And if I'm not mistaken, but please check, the new laws classify 30+ hours a week as full time.) 
>> 
>> There are very specific definitions of who is and who may not be designated as a "contractor". Very large companies have gotten into trouble over the years by designating people as full-time contractors and then treating them as full time employees, i.e. using the same forms, policies, and manuals designated for regular employees.  Some even got into trouble by inviting contract workers to the annual holiday party.  So, if you plan to go this route, be prepared to administer a separate set of policies and regulations for contract staff.  Alternatively, you might consider using a third party to be the employer of record.  Many staffing services will do this for you at a relatively low mark up (Manpower, Kelly, etc.), and they become the employer of record with responsibility for payroll administration.
>> 
>> If your goal is simply to avoid health insurance and/or the fine, then strongly consider hiring your new staff as part time employees and strictly monitoring their hours. This would eliminate your need to set up a parallel system for employee administration. 
>> 
>> If the staff are truly "contractors", then the employees will be responsible for paying their own taxes. Your organization will not have to pay unemployment insurance or take out taxes, but one would expect you to pay a higher hourly wage to compensate the staff for having to pay both their own and the employer's share of income taxes. 
>> 
>> Lastly, think about how these new employees' moral will be affected in both the short and long term. While they may be happy at the beginning simply to have jobs, over time many contractors start to feel like second-class employees. When they see that others in the organization receive benefits to which they will never be entitled or that there is no pathway to regular status, they often lose enthusiasm. Regardless of the economy, turnover may become an issue as people seek regular employment.  This will affect your ability to recruit high quality staff and you will incur higher training charges. 
>> 
>> I realize that this is not the question that you asked.  However, it sounds like your HR person has valid concerns and that there are many issues to resolve before moving to this system. 
>> 
>> All the best, 
>> 
>> Liz
>> 
>> Liz Maurer
>> Director
>> Re-Living History
>> www.re-livinghistory.com
>> Create, Learn, Engage
>> 
>> 
>> Date: Tue, 19 Mar 2013 15:55:47 -0400
>> From: [log in to unmask]
>> Subject: Re: [MUSEUM-L] Contract Staff/Educators
>> To: [log in to unmask]
>> 
>> I don't understand, if you give your full time staff benefits now, why would you want to stop giving it when it is required? 
>> Or is it that you do not get healthcare now and do not want to offer it in the future either? 
>> 
>> It is understandable that your HR department does not want to break the law. In fact it is their job. 
>>  
>> 
>> On Tue, Mar 19, 2013 at 2:59 PM, Thomas Close <[log in to unmask]> wrote:
>> Hi everyone,
>> The museum I work at is growing rapidly. As the new healthcare legislation starts to set in, we're interested in hiring contracted full-time, non-benefited educators and other staff. However, our HR department (coming from a for-profit, corporate background) is hesitant to do so without more information on the topic. Although I'd love for everyone to receive benefits, I know we have many more people who'd simply prefer to have full-time hours instead of part-time.
>> Can anyone point me in the direction of resources/research related to this topic?
>> In an effort to gather information and convince them that other museums & non-profits are hiring this way, my director has created the following survey. I'd be very appreciative if you all could take a few moments to fill it out.
>> 
>> https://www.surveymonkey.com/s/D7J39XN
>>  Best,
>> 
>> Thomas Close
>> Gallery Experience Manager
>> Perot Museum of Nature and Science
>> 
>> 
>> 
>> To unsubscribe from the MUSEUM-L list, click the following link:
>> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1
>> 
>> 
>> 
>> To unsubscribe from the MUSEUM-L list, click the following link:
>> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1
>> 
>> 
>> To unsubscribe from the MUSEUM-L list, click the following link:
>> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1
>> 
> 
> To unsubscribe from the MUSEUM-L list, click the following link:
> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1
> 


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------------------------------

Date:    Tue, 19 Mar 2013 18:10:28 -0700
From:    Lissa Kramer <[log in to unmask]>
Subject: Re: Contract Staff/Educators, but off on the "gripe" comment

Thanks, Sara!  I'm so glad you brought up advocacy because the truth is
that without more resources coming into the field, there aren't enough jobs
to do the vast amount of work necessary.  While I agree that training
programs are turning out more new professionals than can be placed, that is
a symptom compounded by the lack of available funding for training programs
and not the root of the problem.  If programs don't take in enough students
to be self-sustaining, the whole program shuts down which affects museum
quality in the long run.  We need higher wages across the field, too, but
that is just another symptom of the same problem.  The truth is not that
there are too many museum professionals, but that there is work that needs
doing and no way to pay for it.

As a professional who went back to school and is currently in one of these
programs, the programs can only minimally affect new professionals'
attitudes and understanding of the importance of advocacy.  Work culture is
far more important to emphasizing how important having this skill set is.
As there is no funding for the field generally, training programs also have
no extra money to do it beyond providing minimal information that is
included with the vast array of other skills sets necessary to keep museum
practices.  Students are going incredibly into debt to pay for the
privilege of not having a job because there is no outside funding for
scholarships and there is no such thing as museum training grants in higher
education.  I have been doing my thesis work on coalition lobbying among
heritage organizations and the conclusion I am coming to is that many
current professionals do not see their place in advocacy.  I have had too
many discussions with professionals who see it as someone else's job to
bring home the bacon, rather than a collective effort that is inherent
in *every
*position in the museum.

We all know why museums are valuable, but how good are we at articulating
it to others?  Do we attempt to inspire evangelists among our patrons,
members, and boards?  How about those who use our collections for
research?  It is not just about whether or not a particular executive
director lobbies legislators or not.  It is certainly an ongoing process of
nurturing relationships and *not *a one time budget request.  Relationships
are everyone's job.

Lissa

On Tue, Mar 19, 2013 at 5:47 PM, Sara <[log in to unmask]> wrote:

> Meg, you raise some important issues. There are fewer jobs than there are
> applicants, but there are also far too many of us out there doing the work
> of at least two people if not far far more. Sadly, this is the reality of
> our current moment and perhaps it is partly because we aren't advocating
> hard enough for adequate funding and staffs (I'm sure the majority of the
> public has no clue what museum professionals do on a day to day basis), or
> maybe the programs training these "extra" professionals should be doing
> more in this arena. As a part-time director/curator at two local history
> museums I am swamped and never able to do enough in my time which adds up
> to one full-time job so that I can survive and pay off grad school. It is a
> topic that needs a lot more attention and hopefully AAM is working on it
> with its new rebranding because I'm pretty sure those of us with jobs are
> working far too hard to do the work of many to make a difference in a
> profession we love and those without one are working far too hard to get
> one.
>
> My two cents at the end of a long day:)
> Sara
>
> On Mar 19, 2013, at 6:23 PM, Meg Justus <[log in to unmask]> wrote:
>
>
> ALL museum professionals are having a hard time gaining employment,
> partially due to too many training opportunities being offered at all the
> universities/colleges across the country without consideration for the
> number of potential jobs.
>
> I keep reading this concept over and over on this listerv.  But something
> that bothers me about it is -- wouldn't people be complaining at least as
> loudly if museum degree programs strictly limited the number of museum
> professionals they graduate far more than they do now because the jobs
> aren't there, so that many of the people who really want the museum
> credentials wouldn't be able to get them?  If people did their research
> before applying to the program to find out what the employment situation is
> like, and if they decided on other career paths because of it, wouldn't
> that solve the more professionals than there are jobs problem, too?
>
> What's worse, having a degree in a field you love and not being able to
> get work in that field, or not being able to get the degree you want in the
> first place?
>
> Just curious.
>
> Meg Justus
> independent curator who works as a contractor -- for set projects with set
> deadlines, then moves on, by choice -- for several small local museums
>
> ------------------------------
>
> To unsubscribe from the MUSEUM-L list, click the following link:
> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1
>
>
> ------------------------------
>
> To unsubscribe from the MUSEUM-L list, click the following link:
> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1
>



-- 

-L.

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------------------------------

Date:    Tue, 19 Mar 2013 21:29:43 -0500
From:    Norman Paul Stromdahl <[log in to unmask]>
Subject: Re: Contract Staff/Educators

Interesting thread...
Setting aside the ethics of your magnanimous approach to providing jobs,
you should pay attention to the many cautions and do your research on the
use of "contracted staff" vs employees. The red flag here is that your HR
department has concerns.

Microsoft case:
http://corporate.findlaw.com/human-resources/vizcaino-v-microsoft-raises-the-stakes-on-worker-classification.html
IRS.GOV
http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-(Self-Employed)-or-Employee%3F

For profit vs not-for-profit are forms of incorporation that factor into
how taxes are calculated. 501c3 designates an entity existing for the
public good and therfore able to receive donations. An employee is someone
whose time, place and work product you control... no matter your corporate
or tax status.

Regards, Paul Stromdahl


On Tue, Mar 19, 2013 at 3:15 PM, Jessica Carter <[log in to unmask]> wrote:

> Hi,
>
> Working in benefits consulting and formerly working at museums, I will say
> you want to be extremely careful about the distinction between contracted
> employees and W-2 employees.  Contracted (also known as 1099) employees are
> usually hired for set periods of time to work on specific projects and
> generally aren't considered part of the permanent workforce.  W-2 (or
> regular employees) are considered part of the permanent workforce.
>
> If you are talking about hiring permanent contracted employees, I would
> strongly recommend consulting a labor attorney, as Microsoft (and other
> companies) got into *huge* trouble with this about 10 years ago.  They
> ended up having to pay all of the back pay and taxes (and they ended up
> going back for several years involving many employees, so the monies were
> not insignificant).  The DOL regularly audits for this, and there are
> penalties as well as back pay and taxes involved.
>
> For classifying employees, you will need to look at their specific role in
> the company, the hours they are expected to work, who directs their
> workload and how they are managed.  Basically, if they are treated as a
> regular employee, the DOL will view them as a regular employee, regardless
> of how you classify them.
>
> As far as I know, the rules are not different for non-profits.
>
> I work with clients on benefits, and all of them are dealing with the same
> issues regarding health care reform your museum is.  If you have questions
> on specific strategies regarding the costs and benefits of health care
> reform, please feel free to contact me off-list.
>
> Warm regards,
> Jessica Carter
>
> [log in to unmask]
>
>    *From:* Thomas Close <[log in to unmask]>
> *To:* [log in to unmask]
> *Sent:* Tuesday, March 19, 2013 11:59 AM
> *Subject:* [MUSEUM-L] Contract Staff/Educators
>
>  Hi everyone,
> The museum I work at is growing rapidly. As the new healthcare legislation
> starts to set in, we're interested in hiring *contracted* full-time,
> non-benefited educators and other staff. However, our HR department (coming
> from a for-profit, corporate background) is hesitant to do so without more
> information on the topic. Although I'd love for everyone to receive
> benefits, I know we have many more people who'd simply prefer to have
> full-time hours instead of part-time.
> Can anyone point me in the direction of resources/research related to this
> topic?
> In an effort to gather information and convince them that other museums &
> non-profits are hiring this way, my director has created the following
> survey. I'd be very appreciative if you all could take a few moments to
> fill it out.
>
> https://www.surveymonkey.com/s/D7J39XN
>  Best,
>
> Thomas Close
> Gallery Experience Manager
> Perot Museum of Nature and Science
>
>
>
>  To unsubscribe from the MUSEUM-L list, click the following link:
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>
>
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-- 
Norman *Paul* Stromdahl
Curator, Chief of Exhibits
Illinois State Museum; this place rocks!

217 558 3845 (W)
206 251 6354 (M)

http://www.linkedin.com/in/npscreates



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Date:    Tue, 19 Mar 2013 23:27:25 -0400
From:    Deb Fuller <[log in to unmask]>
Subject: Re: Contract Staff/Educators vs. Volunteers

On Tue, Mar 19, 2013 at 10:29 PM, Norman Paul Stromdahl
<[log in to unmask]> wrote:

> For profit vs not-for-profit are forms of incorporation that factor into how taxes are calculated. 501c3 designates an entity existing for the public
> good and therfore able to receive donations. An employee is someone whose time, place and work product you control... no matter your corporate or tax
> status.

On that related note, aside from the ethics of having a volunteer
working "full-time" (i.e. 30 0r more hours a week) on a regular basis,
is there ever a time where volunteers are considered "employees" in
the eyes of the law/OSHA? Just curious. I'm not talking interns, who
presumably are getting college credit out of the deal but regular
volunteers who come in and work at a museum almost or like a museum
employee. Are there laws about how many hours volunteers are allowed
to work or work continuously in a given amount of time before you have
to start compensating them in some way or limits to their hours?

For example, a big exhibit is going up and everyone, including
volunteers, are working like crazy people 80 hours a week to get it up
and installed. That's a temp thing and one would not expect to have
anyone work those kinds of hours once the exhibit goes up.

Example #2 - Sally, a sweet elderly lady, has been coming into the
museum as an office volunteer for around 30 hours a week for the past
few years. Since she is a regular volunteer and works a near full-time
schedule, are there any additional rules and/regs concerning the
amount of hours she is working or the time she has worked? Would she
be required to cut back hours so that she doesn't give the appearance
that she is a "regular" staff member. Or are there no laws regarding
how many hours volunteers can work and Sally can work as much or as
little as she wants as long as she and the museum are okay with it.

Thanks in advance!

Deb Fuller

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Date:    Tue, 19 Mar 2013 23:49:45 -0400
From:    Kathie Gow <[log in to unmask]>
Subject: Re: Contract Staff/Educators, but off on the "gripe" comment

I guess that raises a question I've had for a few years - though surveys and
articles and our own experiences confirm that much-needed conservation work
and inventory work, to name just two areas, are often not getting done at
museums (especially small historical museums across the country), there are
many grants available for lots of OTHER things. Why do grantors have to make
you jump through so many hoops? Knowing how important it is to have a
computerized inventory, for instance, why isn't there a pre-set grant that
is just for that? So small museums can hire museum professionals to do the
work, or at least get it going? My impression is that there is a lot of
grant money available, but it is so often not for the things you most need.
That being said, I AM working on an inventory grant funded by our state and
local Community Preservation Act, and for that I am quite grateful. But not
every town (or state) has such a program. I guess as several people have
said, it comes down to advocacy and awareness, and getting people to care
about museums and what they offer. 

 

--Kathie

 

Kathie Gow

 

Oral History Producer

 <http://www.wordspicturesstories.com/> http://www.wordspicturesstories.com

 

Curator, Hatfield Historical Museum

 <http://hatfieldhistory.weebly.com/> http://hatfieldhistory.weebly.com

 

 

From: Museum discussion list [mailto:[log in to unmask]] On Behalf
Of Lissa Kramer
Sent: Tuesday, March 19, 2013 9:10 PM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] Contract Staff/Educators, but off on the "gripe"
comment

 

Thanks, Sara!  I'm so glad you brought up advocacy because the truth is that
without more resources coming into the field, there aren't enough jobs to do
the vast amount of work necessary.  While I agree that training programs are
turning out more new professionals than can be placed, that is a symptom
compounded by the lack of available funding for training programs and not
the root of the problem.  If programs don't take in enough students to be
self-sustaining, the whole program shuts down which affects museum quality
in the long run.  We need higher wages across the field, too, but that is
just another symptom of the same problem.  The truth is not that there are
too many museum professionals, but that there is work that needs doing and
no way to pay for it.  

As a professional who went back to school and is currently in one of these
programs, the programs can only minimally affect new professionals'
attitudes and understanding of the importance of advocacy.  Work culture is
far more important to emphasizing how important having this skill set is.
As there is no funding for the field generally, training programs also have
no extra money to do it beyond providing minimal information that is
included with the vast array of other skills sets necessary to keep museum
practices.  Students are going incredibly into debt to pay for the privilege
of not having a job because there is no outside funding for scholarships and
there is no such thing as museum training grants in higher education.  I
have been doing my thesis work on coalition lobbying among heritage
organizations and the conclusion I am coming to is that many current
professionals do not see their place in advocacy.  I have had too many
discussions with professionals who see it as someone else's job to bring
home the bacon, rather than a collective effort that is inherent in every
position in the museum.

We all know why museums are valuable, but how good are we at articulating it
to others?  Do we attempt to inspire evangelists among our patrons, members,
and boards?  How about those who use our collections for research?  It is
not just about whether or not a particular executive director lobbies
legislators or not.  It is certainly an ongoing process of nurturing
relationships and not a one time budget request.  Relationships are
everyone's job.

Lissa

On Tue, Mar 19, 2013 at 5:47 PM, Sara <[log in to unmask]> wrote:

Meg, you raise some important issues. There are fewer jobs than there are
applicants, but there are also far too many of us out there doing the work
of at least two people if not far far more. Sadly, this is the reality of
our current moment and perhaps it is partly because we aren't advocating
hard enough for adequate funding and staffs (I'm sure the majority of the
public has no clue what museum professionals do on a day to day basis), or
maybe the programs training these "extra" professionals should be doing more
in this arena. As a part-time director/curator at two local history museums
I am swamped and never able to do enough in my time which adds up to one
full-time job so that I can survive and pay off grad school. It is a topic
that needs a lot more attention and hopefully AAM is working on it with its
new rebranding because I'm pretty sure those of us with jobs are working far
too hard to do the work of many to make a difference in a profession we love
and those without one are working far too hard to get one.

 

My two cents at the end of a long day:)

Sara

On Mar 19, 2013, at 6:23 PM, Meg Justus <[log in to unmask]> wrote:

 

ALL museum professionals are having a hard time gaining employment,
partially due to too many training opportunities being offered at all the
universities/colleges across the country without consideration for the
number of potential jobs.  

 

I keep reading this concept over and over on this listerv.  But something
that bothers me about it is -- wouldn't people be complaining at least as
loudly if museum degree programs strictly limited the number of museum
professionals they graduate far more than they do now because the jobs
aren't there, so that many of the people who really want the museum
credentials wouldn't be able to get them?  If people did their research
before applying to the program to find out what the employment situation is
like, and if they decided on other career paths because of it, wouldn't that
solve the more professionals than there are jobs problem, too?

 

What's worse, having a degree in a field you love and not being able to get
work in that field, or not being able to get the degree you want in the
first place?

 

Just curious.

 

Meg Justus

independent curator who works as a contractor -- for set projects with set
deadlines, then moves on, by choice -- for several small local museums

 

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End of MUSEUM-L Digest - 18 Mar 2013 to 19 Mar 2013 (#2013-72)
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