Help needed! Volunteering time to work???

mwild31

Hi - I need your help. I've never had this issue pop up & before I let Marketing go forward with their plan, I need to clear something up. Our marketing department would like to work with a potential business partner on a volunteer program. The proceeds (furniture) would benefit a local charity. We would like the business partners to come in and actually help us build some furniture for the charity, so they can see everything that goes into making the furniture and understand our business practices.

Is it allowable/legal to ask for volunteers from our staff to come in and 'donate' their time while working on this project, rather than paying them to come in? It's going to be a Saturday event and I know we would have a lot of volunteers.

scottorr

I believe you have the right to ask for voluteers and as long as they know up front that this is unpaid, I don't think you'll have a problem. You maybe draw up a waiver form stating that this is completely voluntary and pay will not be given and have them sign it. That is my only suggestion.

Whirlwind

I deal with this in my job regularly. My understanding of what the FLSA says about employees volunteering is that non-exempt ees can only volunteer if they are doing so in an entirely different capacity from their regular paid assignment. If these ees normally build furniture, I don't believe they can waive their right to compensation in order to build extra furniture voluntarily for charity.

mwild31

That's the red flag I thought I was seeing. The employees are indeed performing the same tasks for charity as they would for their normal duties. Do you know where I can find the reg. in the FLSA?

Whirlwind

Look at 29 USC 203 (e)(4)(A). It refers to volunteers performing services for public agencies -- which is applicable where I work -- but later throughout my FLSA handbook it continues to quote that same standard (the thing about not doing the same kind of work) even when not talking about public agencies. All of my training about FLSA has been in the context of the public sector, so I could be dead wrong about this, but I think you're correct to recognize it as a possible red flag.

Betty I_O

Scott is correct about the volunteers from your employee group. However, it also might be advisable to contact your liability insurance carrier to be certain your policy will cover non-employees "working" on the premises, especially if they are going to be in production areas. I ran into something similar several years ago in a different industry; the liability carrier was all over my employer. As I recall, we had to agree not to bring anyone under 18 years of age into production areas and there was a special policy supplement issued.

patmills

If an employee wants to work for his employer as a volunteer, if must be in some capacity other than their regular job. An assembly line person cannot volunteer hours on the assembly line. If an office worker wants to help construct furniture on non-work time, there should be no problem. I'd recommend putting all the spec in writing so everyone understands the ground rules.

Shadowfax

[font size="1" color="#FF0000"]LAST EDITED ON 10-02-03 AT 02:43PM (CST)[/font][p]I think you will find there is no such animal as 'volunteer' in the private sector. If an emp/ee works in any capacity, regular duties or other in private sector, he is working and subject to compensation in accord with regs. You might be able to pay e/ee then have him 'voluntarily' donate to the charity who would in turn buy back at fmv the furniture...I don't know. Never done anything like that and would be very cautious how to go about it even if. If some one can point to some reg/tory language which they thinks permits volunteers in private world, I would love to see it. I have often enough wanted to do it. We just had a similar discussion in the wage and hour thread. Sorry for the repeat - thought I messed it up then it showed up. Go figure.

marc

There are some differences in Nevada. We are a private, non-profit doing community services. Seems like there is never enough dollars to fund the programs and accordingly, we engage in several fund-raising activities. We recruit volunteers from the public and from the company, both exempt and non-exempt. We have the non-exempts sign a waiver that essentially states they are aware of the volunteer nature, that there will be no pay and that there is absolutely no coercion to sign up.

Workman's comp covers the 3rd party volunteers for a small additional fee as long as we track the names and activities. In this case, none of the ees are performing their regular duties for free - except the fund development director who is exempt.

It seems to me there must be a way to benefit this charity in the manner you suggest, but I do not know what it is.

Shadowfax

We've just had this discussion in the wage and hour group. I do not believe there is any such animal as 'volunteer' in the private sector - without regard to what the employee is doing, whether regular duties or something entirely different. In private world, if employee works, or is allowed to work for any reason he is REQUIRED to be compensated in accord with the reg. Now, whether the e/ee could donate to the charity, and the charity use funds to buy product back to offset co's costs - well, I would be cautious even if... There are real specific differences between what FLSA permits is public and private worlds, and unless someone can point to specific section permitting it (there is in public sector) then I don't think you can do it.

Leslie

We have exempts "volunteer" all the time to cover in odd positions for special events. I bartend. Lately, we've started using non-exempt personnel. They get paid - perhaps at a different rate of pay because they are doing a different job than they normally do. However they do get paid, and if it puts them over 40, at time and a half.

Shadowfax

[font size="1" color="#FF0000"]LAST EDITED ON 10-02-03 AT 03:57PM (CST)[/font][p]Leslie, I don't doubt that lots of people have been doing these kinds of things all over the place, but I still don't think legal. I wish it were! But I know the regs make specific provision for it in the public sector, and , so far as I know, no mention of it any place else - that leads me to the conclusion that it simply can't be done. I don't know if it's possible to 'donate' time to the charity and the charity by contract rent out facility for a day and do some work with there 'volunteers'? I just don't know, but I've thought about this emough to know I didn't want to invest the time to manipulate a possible sceniaro, and then never know for sure it would work, then wait for the DOL to drop the shoe on me. I once got an opinion litter out of the DOL - it only took 23 months. By the time they said I could do what I asked about, I had forgotten why I wanted to do it! I just think this is a really bad idea! PS With your smile you probably could talk the DOL field worker into anything! Thanks for the pix post! Senior moment - I wouldn't worry about exempts either, because you can work them forever w/o additional liability. If you are paying nons for volunteer work, then I think we're saying the same thing.

System

I say no as well. What if an employee gets injured? What if not ALL of them WANT to volunteer but feel pressured into it?
We had this issue about a year ago and it went off fine but I was in a mild state of panic until the apecial project was over. I would'nt put my company or my peace of mind at risk again.