Our team of experts fields real-life, everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s issue: The question of “volunteer” employees.
The question
Can people ever volunteer at our firm without getting paid?
The answer
Sometimes, but it’s tricky and often legally uncertain under the federal Fair Labor Standards Act, says John Thompson (jthompson@laborlawyers.com) on Fisher & Phillips’ Wage and Hour Laws blog.
The DOL says that individuals can, under limited circumstances, donate time as non-employees for “humanitarian, public-service, religious, or charitable reasons.”
However, employees cannot volunteer unpaid services to an employer which are the same as, similar to, or related to their normal jobs. DOL also says that volunteering is almost always restricted to non-profit settings.
Other relevant factors can include things like whether the services are done for truly altruistic motives, are of a kind typically associated with volunteer work, are less than a full-time occupation, don’t displace staff or impair employment opportunities, involve only “nominal” or “minimal” control by the recipient of the volunteer work, and/or typically occur at times convenient to the person.
Translation: The FLSA permits people to volunteer in some situations, but it might be more complicated – and legally dangerous – than it’s worth.
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