Volunteer or Work? New DOL Guidance for Nonprofit Payroll Teams
Can exempt nonprofit staff “volunteer” after hours to do additional work for their employer?
A new Department of Labor opinion letter, issued in response to a nonprofit that raises service dogs, says yes – if the volunteer duties aren’t the same or similar to what they’re employed to do, and the choice is truly voluntary.
For payroll, the risk shows up when those hours count as work: non‑exempt staff must be paid; exempt staff may stay on salary, but too much non‑exempt time can threaten their exemption. Before approving employee “volunteer” programs, check duties, coercion risk and how those hours will be tracked and classified.
More info: DOL Opinion Letter FLSA2026-12
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