For-Profit Private Employers:
Regular Work: Pursuant to the Fair Labor Standards Act (FLSA), for-profit private employers may not use volunteers to perform any work for the company. Any work performed for the company must be paid.
Special Events: Employees may volunteer at certain employer sponsored events while they are off duty if the event is outside of normal working hours, work performed is unrelated to their regular job duties, attendance is completely voluntary and uncoerced, and the work is not directed or controlled by the employer.
Non-Profit Employers:
Quick Employer Checklist:
✔ Written volunteer policy, agreement, and waiver
✔ Volunteer performs work distinct from paid employees and not replacing staff
✔ No promises of compensation
✔ Harassment, safety, and anti-discrimination policies shared
General Guidelines:
Non-profit organizations may allow unpaid volunteers to perform services for charitable, religious, civic, and humanitarian purposes as a public service if the following requirements are met:
- There is no expectation or receipt of compensation
- Volunteers do not displace paid employees and perform work of paid employees
- Volunteers do not handle commercial activities serving the public, such as working in a gift shop or restaurant.
Volunteers are not entitled to healthcare coverage, unemployment insurance, and temporary disability insurance. Employers should check with their workers’ compensation and general liability insurance carriers to confirm coverage of volunteers.
Employees of the non-profit cannot volunteer to perform work they regularly perform as a paid employee.
Please refer to the U.S. Department Of Labor’s Fact Sheet #14A: Non-Profit Organizations and FLSA for more information.
Best Practices for Volunteer Programs
- Have a written volunteer agreement that specifies:
- No expectation of compensation
- Limitation of duties that do not overlap with work performed by employees
- Waiver of liability
- Have a written volunteer handbook or policy that specifies:
- Important company policies, including harassment, discrimination, workplace safety, complaint reporting, timekeeping, etc.
- Clarifies duties, non-employee status, and no expectation of compensation.
- Reimbursement policy, if applicable. Volunteers should only be reimbursed for actual and reasonable expenses.
- If hiring minors (under 18 years of age), review minor labor and employment laws.
- Provide the volunteer with an onboarding plan that includes important policies, documents volunteer status, training, and communication procedures.
- Assign a mentor or supervisor that regularly communicates with the volunteer.
Members may contact their HR Consultant with questions regarding volunteers.
Please note the information provided is for informational purposes only and may not reflect the most current regulatory developments. We strive to keep our materials up to date, but there may be occasions when information becomes outdated. Users are encouraged to verify the applicability of the content before relying on it for decision-making. If you have any questions or concerns regarding the accuracy or relevance of the information, please contact us directly for assistance.