HRMorning

Volunteer or Work? New DOL Guidance for Nonprofit Payroll Teams

Carol Warner
By: Carol Warner

About the Author

For nearly two decades, Carol Warner has analyzed the legal and financial realities behind workplace decisions, covering employment law, benefits, payroll and HR technology. She translates complex legal updates, regulatory shifts and vendor claims into plain language that HR teams can act on. Her focus is simple: What does this mean for employers, and what should they do next? Connect with her on LinkedIn.

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Last Updated: September 9, 2026
1 minute engagement
A Corporate Memphis style promotional graphic for an HRMorning article titled "DOL ISSUES NEW GUIDANCE." The illustration depicts two professionals actively reviewing regulatory compliance material. A man holds an open, terracotta-colored handbook while a female colleague in a tan business blazer points to the text, symbolizing a meticulous policy audit. Behind them, an illustrated document featuring a stylized legal gavel stands alongside floating circles and squares. This visual layout effectively represents the collaboration, strategic oversight, and corporate adaptation required when navigating new federal labor guidelines.

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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