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OPS Employees Volunteering for same Employer

KathyKathy 4 Posts
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I understand according to FLSA rules regarding volunteers prohibit them from volunteering to do the same work they are paid to do by the same employer. My question is this: Can someone who is considered an OPS employee put in volunteer hours for that same employer?
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  • Don DDon D 9,834 Posts
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    The answer will depend on whether the employee is exempt or non-exempt. I'm not sure what is meant by OPS as relates to exempt. A non-exempt employee can neither waive nor barter away his right to overtime for hours worked in excess of 40 in a workweek. The employer does not escape his obligation to pay overtime by a mutual agreement that the work be called volunteer work.
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  • B_JacksonB_Jackson 23 Posts
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    I agree with Don, a non-exempt employee cannot volunteer work for his/her employer. He/she can go to a different place and provide non-paid work.
    Federal Labor Standard Act provides guidelines to be used.


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