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HR Support on Volunteers
Editor's Note: Individuals may volunteer their services for public agencies, religious groups, charities and similar nonprofit organizations - but never for private employers.
Overview: Private employers may not accept the services of volunteers without payment under any circumstances. They are required under the Fair Labor Standards Act (FLSA) to pay an employee who "volunteers" to work the minimum wage for all hours worked and overtime for any hours beyond 40 in a workweek.
However, certain employers - public agencies, religious groups, charities and similar nonprofit organizations - may accept the unpaid services of volunteers under certain circumstances. Public employers may even accept unpaid volunteer services from their own employees, as long as they do not pressure or coerce the employees into service and as long as the employees are volunteering to perform services different than those they were hired to perform during their normal job.
Trends: In recent years, more and more employers have instituted employee volunteer programs. Typically, the employer sets aside one day a year during which employees are encouraged to donate their time and money to a local charity group. These programs can help boost employee morale and burnish the employer's image in the community. However, employers that establish such programs must be certain employees are paid for any and all time spent volunteering.
Michael Cardman, Legal Editor
Latest items in Volunteers
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11th Circuit Finds Firefighter Was a Volunteer, Not an Employee, Under the FLSA
A new federal appeals court ruling offers examples of the kind of steps public employers can take to stay on the right side of the line that separates volunteers from employees.
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Independent Contractors: Indiana
In-depth review of the spectrum of Indiana employment law requirements HR must follow with respect to independent contractors.
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Employee Classification: Arizona
In-depth review of the spectrum of Arizona employment law requirements HR must follow with respect to Employee Classification.
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Employee Classification: Texas
In-depth review of the spectrum of Texas employment law requirements HR must follow in respect to employee classification.
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Managing Employees in Special Situations
In-depth review of the spectrum of Federal employment law requirements HR must follow with respect to Managing Employees in Special Situations
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Employee Classification: Connecticut
In-depth review of the spectrum of Connecticut employment law requirements HR must follow with respect to exempt and nonexempt employee classification.
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Classify an Employee Under the FLSA
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Employee Classification
The classification of employees as exempt or nonexempt under the Fair Labor Standards Act (FLSA) is one of the most complex and difficult issues in federal wage and hour law. This section assists HR professionals in determining whether employees qualify for any of the exemptions from the FLSA's overtime and/or minimum wage requirements.
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Ordinary Volunteerism
Employment glossary definition of Ordinary Volunteerism.
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HR guidance on complying with the FLSA requirements for volunteers.