Civic or Charitable Work Volunteers

Time you spend in work for civic or charitable purposes will be hours worked if:

1. Your employer requested you to do it;
2. The work being done is under your employer’s direction or control;
3. The work being done during the time you are required to be on your employer’s premises or any other location assigned by your employer as your place of work.

Such time should not be confused with bona fide volunteer activities. If you perform hours of service for civic, charitable or humanitarian reasons, without promise, expectation or receipt of compensation for the services rendered, you probably would be considered to be a volunteer of the religious, charitable or similar non-profit organization that receives your services and the time would not be hours worked.

Volunteers

The Fair Labor Standards Act (FLSA) defines employment very broadly, i.e., “to suffer or permit to work.” However, the Supreme Court has made it clear that the FLSA was not intended “to stamp all persons as employees who without any express or implied compensation agreement might work for their own advantage on the premises of another.” In administering the FLSA, the Department of Labor follows this judicial guidance in the case of individuals serving as unpaid volunteers in various community services. Individuals who volunteer or donate their services, usually on a part-time basis, for public service, religious or humanitarian objectives, not as employees and without contemplation of pay, are not considered employees of the religious, charitable or similar non-profit organizations that receive their service.

For example, members of civic organizations may help out in a sheltered workshop; men’s or women’s organizations may send members or students into hospitals or nursing homes to provide certain personal services for the sick or elderly; parents may assist in a school library or cafeteria as a public duty to maintain effective services for their children or they may volunteer to drive a school bus to carry a football team or school band on a trip. Similarly, an individual may volunteer to perform tasks such as driving vehicles or folding bandages for the Red Cross, working with disabled children or disadvantaged youth, helping in youth programs as camp counselors, scout leaders, providing child care assistance for working parents, soliciting contributions, or participating in benefit programs. Volunteering may also include virtual or remote services, such as managing social media, coordinating events online, or tutoring students remotely.

Under the FLSA, employees may not volunteer services to for-profit private sector employers. On the other hand, in the vast majority of circumstances, individuals can volunteer services to public sector employers. When Congress amended the FLSA in 1985, it made clear that people are allowed to volunteer their services to public agencies and their community with but one exception – public sector employers may not allow their employees to volunteer, without compensation, additional time to do the same work for which they are employed. There is no prohibition on anyone employed in the private sector from volunteering in any capacity or line of work in the public sector.

For more information about independent contractors, trainees (including School-to-Work programs), or to determine whether you are covered by the FLSA, consult official Department of Labor guidance or an experienced wage and hour lawyer.

Public Sector Volunteers

Public sector employees may volunteer to perform different kinds of work within their own jurisdiction, or perform similar work for a different public agency. For example, a police officer may volunteer to assist with a youth mentorship program in a city park or school, or may volunteer for law enforcement duties in a different municipality. However, they may not volunteer to perform the same or similar duties for their own employer without compensation.

The Department of Labor’s Regulations 29 C.F.R. §553.103, define “same type of services” to mean similar or identical services. In general, DOL would consider the duties and other factors contained in the definitions of occupations in the Dictionary of Occupational Titles in determining whether the volunteer activities constitute the “same type of services” as the employment activities. Equally important is whether the volunteer service is closely related to the actual duties performed by or responsibilities assigned to the employee who “volunteers.”

*The information provided above is for general informational purposes only and does not constitute legal advice. The Fair Labor Standards Act and related employment laws can be complex, and how they apply may vary based on the specific facts of your situation. If you believe your workplace rights have been violated, you should consult with an experienced employment attorney to obtain advice tailored to your individual circumstances.