non-exempts and volunteering

GLC · March 2003

We have a non-exempt employee who wants to gain some experience in one of our programs and wants to volunteer. This is not her regular job, if that matters. She is a secretary. It was my understanding that all non-exempts have to be paid for all time worked when the work benefits the company. Any comments on this?

Gillian · March 2003

Probably not, but you need to check your state laws if you are non-profit. In California, for example employees of some charitable organizations can do volunteer work when the work that the agency does relies on volunteers. It is limited to organizations such as the Red Cross.

WO · March 2003

A similar issue often comes up for us. Many of our county employees would like to volunteer their time at the county fair. My understanding: the FLSA does not permit a public employee to voluntarily perform the same type of service which the employee is employed to perform for the same public employer. Such public employee must be compensated to include overtime. They can be compensated at a different rate.

The public employee may volunteer to perform job functions which are in a "different capacity" than their primary job functions.

Rockie · March 2003

An employee cannot be a volunteer for a job that you would normally pay someone to perform. The company is getting the benefit of employment without having to pay for it.

Don D · March 2003

I've always wondered how the school systems can get away with VOLUNTEERING employees to chaperone ball games and work the ticket booths and concession stands. I'm talking about putting out a list at the first of the school year scheduling people by game to be there and work under the guise of volunteerism. The schools in this state recently lost a huge suit requiring the back payment of thousands of hours of overtime for some of its workers whose time beyond 40 was simply not recorded and not paid. But, this didn't involve the ball game scenarios. That may be next.

Pork · March 2003

You are absolutely right; that is if what you are calling a "program" a job task function. You may have to tell us more in order to get a very solid and worthy response! If the program is work accomplished in "another program" and the company is reaping the benefit of work accomplished, then you are still right! it reaps like "cross training to me". {A AI breeding specialist wishes to work and learn the "collector"'s position, and we allow this to happen for crosss training. These two positions are very critical the whole company. The "collection of Swine sperm" and "the artificial insemination of swine sperm" are critical positions and must be accomplished daily! You bet we will allow someone to volunteer to learn the other person's job task, but it would never be done without pay for the hours worked in training. Pork

non-exempts and volunteering

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