Hourly EE wants to volunteer

TLC Shelly · May 2005

We have finally moved into the 90's and need to enter client and employee info into our computer database. We have an hourly employee who normally works as a personal care provider in our clients' homes. He has volunteered to do the data entry on his own time. His supervisor is thrilled at the prospect of getting this done without affecting his budget; I think this would fall within "suffering work to be done" and would require that he be paid. Is it possible for a paid employee to volunteer to work in different department and with drastically different job duties?

Shadowfax · May 2005

Of course it's possible, and if he's happy, then presumably there is no problem. But, when he becomes unhappy over something, and files a claim, you will have been in violation and subject to the double indemnity and penalties.

System · May 2005

You are absolutely required to pay for those services (legally). As Shadowfax points out, the employee may not report you, but then again, he (or soemone else in the organization) might. Haven't you taken Econ 101: there's no such thing as a free lunch.........

Gillian3 · May 2005

Your post reads as if you are a non-profit so there is a little more leeway than in the private sector, however, the leeway wouldn't stretch to cover someone doing their own job. The Ca. guidelines, which are probably similar to yours, would allow an employee to volunteer to do something connected with the mission of the agency (disasters for Red Cross, for example), but not staff work.

HRLASS · May 2005

No. He is an employee working for the benefit of the employer and different department(s) or job duties are irrelevant. It's illegal. I'm familiar with the thrilled employer and budget issues, but as others noted, the budget will take a much bigger hit if anyone in (or recently out of) your organization gets upset and calls the DOL for an audit.

TLC Shelly · May 2005

Thanks all for your feedback. Some of our Management doesn't have much background in employment law, and if it sounds like a good idea, they are ready to run with it--until I put in my two cents worth. It helps to be able to show them I'm not just making this stuff up.

juju · May 2005

On a side note: What kind of employee info needs to be entered? I don't know that it's a good idea to have someone outside of HR privy to that.

TLC Shelly · May 2005

Everything - names, adress, ss#, are already entered. But we need to add skills, payrates, licensure expirations, emergency contacts. They understand why this is not a good idea, but still wanted this person to enter client info. What really scares me is that this was only brought to my attention due to HIPAA concerns!

Whatever · May 2005

It may be me, but just because some information is not covered by HIPAA, it does not mean that it shouldn't be kept confidential by the company. There
is something called "common sense" which requires that the ee can assume that all the information in their file is confidential except for a need to know basis.

TLC Shelly · May 2005

My thoughts exactly. Like I said - they tend to run too quickly.

HRLASS · May 2005

Re entering the confidential information - if your employee, contractor worker, temp, whatever, is not currently under a confidentiality agreement, get them to sign one, asap.

Hourly EE wants to volunteer

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