volunteering time

GLC

Question 1:
We have monthly board meetings and we have opened the meetings up for our line staff to attend, if they would like to attend one of the meetings. We have lunch. Yesterday we had one of those meetings. One of the staff that attended yesterday was non-exempt and wants to paid for the hour since she said she was at a business meeting. My question is this. This was a voluntary meeting that she did not have to attend. She wanted to attend so she could see what goes on in a Board meeting. Should she be paid under the wage and hour rules, if it was voluntary?

Question 2:
We often have fundraising events and need volunteers. Some of those volunteers are non-exempt. Some of them work in the fundraising dept. and some do not. I've always told our managers that they need to pay the non-exempt staff, because they are doing volunteer work that benefits the agency. Are there any circumstances
where we would not have to pay them?

System

Question 1. My judgement call is no, you don't have to pay them. We also conduct meetings that are open to others and the public. Employees are welcome to attend but are not performing any compensable tasks at all. This is simply what they choose to do with their time. No, I would not say they are entitled to pay under FLSA.

Question 2. Not sure. I would use the 'Relay for Life' example. Employees volunteer to be on a team to raise funds. They are a team sponsored by the employer; however, not doing any compensable work for the employer. These volunteers do not qualify for pay under FLSA. Since your employees are acting to benefit your agency, you might have to pay them.

dchr9203

Question #1; the meeting is "open" and attendance is voluntary, no pay.

Question #2: Non-exempt employees working fundraisers that benefit the employer should be paid. Relay for Life events, United Way campaigns, etc, are voluntary events that do not benefit the employer. However, if participation in those events is "mandated" by the employer, the employer gets to pay for it. Its a fine line, like when you have employees to "volunteer" to coordinate and work at company picnics etc. Technically, they should be paid; but in general practice they are not.

marc

We do fundraisers and on occasion have had non-exempts work them. Years ago we paid these folks for their services. In the past couple of years, we have been able to use them as volunteers assuming we meet a couple of conditions. First, it cannot be work they normally do for our agency. Second they have to sign a waiver that has two main points in it. One of the points is that they clearly understand that they will not be paid for their services and second that they are not being coerced to volunteer. I got this advice from the Nevada DOL over the phone.

While this practice covers our rear ends with respect to not paying these staff, it has caused turnout to decrease. We have had to recruit more volunteers from the community for many of our events.

dynamite9551

are these board meetings held during business hours? if a person attends during the work hours it is no different than if they were still at their desk - they have been allowed to deviate from their "desk work" so to speak to attend the board meeting - they have simply performed different work in that hour. so i say "yes" she is entitled to be paid if that is the case for attending the board meeting.

what are they volunteering to do? its almost the same scenario for fund-raising. do these events take place during the work hours? if so, then volunteers need to be paid. again, are they performing a different function for which they volunteered. when you ask for volunteers do your memos state "that time volunteered is unpaid?" otherwise, i interpret this to mean they have only volunteered to do different work, they have not volunteered to do work free!

System

#1. I say pay her for the hour and clarify your policy. If I were the DOL, I might believe that her attendance provided an intangible benefit to your organization.

James Sokolowski
HRhero.com