Can Employees Volunteer Their Services?

(Published April 15, 2008)

Reprinted from MANAGER'S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through scenarios based on real-life cases. Click here to view a sample issue, get more information, or sign up for a risk-free subscription.

Under certain circumstances, employers may allow employee-volunteers to work special workplace events without paying them and without violating the federal Fair Labor Standards Act (FLSA). 

Who: Individuals may volunteer their services to religious, charitable, or non-profit organizations only.  Employees may not volunteer services to for-profit, private-sector employers.  However, anyone employed in the private sector may volunteer in any capacity or line of work in the public sector.

What: The volunteer work may not be the same or similar to the employee's regular duties.  Whether the work is the same or similar must be determined based on the duties performed by each employee-volunteer.  However, an employee can volunteer to perform similar work for a different agency.

When: Employees must be compensated if the volunteer service is performed during normal work hours.  Volunteer work is also usually performed on a part-time basis.

Joining The Party 

Sharon Lesher was an administrator for a large middle school.  Its annual spring dance was coming up. 

Peggy Forbes, a new executive assistant, waxed nostalgic about the dances she attended when she was a child.

"I always had such fun going to my school dances," Forbes told Lesher.  "My parents would chaperone, and I cherish the memories of them dancing together."

"That's sweet," Lesher responded.  "It doesn't seem that the kids these days appreciate having their parents there.  I wonder if that's why not many parents have agreed to help out this year, so far."

"What happens if you don't get enough parents to volunteer?" Forbes asked.

"I'm not too concerned.  The event is normally staffed with a mix of school employees and parents," Lesher informed her.

"I'd love to help out!"

"Are you seriously interested in chaperoning, Peggy?  We'd really appreciate your help," Lesher said.  "You do understand that you'd be volunteering your time and won't be paid, right?"

Lesher knew that, because Forbes's job did not entail supervising children, she could chaperone the dance without compensation.  Lesher would not be asking her to volunteer her time to type up a memo to the students on the rules of the dance, though, since part of her job involved typing up memos.

"Of course.  It'd be my pleasure, Sharon," Forbes smiled.

Action Tips 

Here's how to prevent employees' volunteer services from turning into compensable work time:

• Don't directly ask employees to volunteer.  Ask for assistance in a general e-mail or flyer, versus speaking to employees individually.  At most, inform employees of the need for volunteers and the details of the event or project and the services needed.
  
  
• Never imply negative repercussions for not participating. You may not pressure or coerce employees into volunteering because then it wouldn't truly be volunteering.
  
  
• Do not make promises or raise employees' expectation of compensation for services rendered.  Lesher was upfront about the fact that working at the dance would be on a volunteer basis.
  
  That's not to say that volunteers cannot be paid expenses (e.g., dry cleaning a uniform; transportation; books; supplies), reasonable benefits (e.g., participation in a group insurance plan), or a nominal fee.  A fee is not considered nominal if it is tied to productivity, the amount of time the employee engages in the activity, or the success of the activity, or if it exceeds 20% of what the employer would otherwise pay to hire a full-time employee for the same services. 
  
  
• Thank employees for volunteering, but never with an undercurrent of anger at or disappointment with those who did not participate. 
  
  Showing your appreciation will help to inspire employees to volunteer their services for other events.  Good word-of-mouth will also help inspire others to volunteer in the future, without any element of employer coercion.

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