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Resources re: labor laws and volunteering – UPDATED

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graphic representing volunteers at work

This blog replaces my blog from 2017 on the subject.

Labor laws regarding volunteering vary from country to country. For instance, in the USA, creating a written role description or memorandum of understanding with a volunteer, ensuring there is an agreement on what is expected of a volunteer, is normal and entirely legal, but in the United Kingdom, such written agreements can make the volunteer a paid employee and due for financial compensation.

How should your organization determine who is a volunteer, unpaid, and who should be paid for the hours they work at your organization, no matter what country you are in? What does the law say? And what other laws apply to volunteers – and which don’t?

There are resources on the US Department of Labor web site regarding volunteerism that can help any nonprofit or charity, in any country, think about both why it involves volunteers and how it should talk about the value of volunteerism, as well as the qualities of a well-run volunteering program. Although these are USA-centric and cite USA law, much of what these documents propose regarding volunteer engagement is based in ethics as much as law.

Unfortunately, since 2017, DOL has made resources regarding volunteer engagement MUCH harder to find – and deleted some resources altogether, despite no changes in the law with regard to volunteers.

If I’ve been able to find the deleted DOL page I had on my 2017 blog on archive.org, I’ve linked to that instead below. If a DOL or other URL stops working, cut and paste it into archive.org and you should be able to find an old copy. Using old information is better, IMO, than not having any information at all. But please do not rely solely on this blog nor the links for legal guidance: you need a LAWYER to read over your policies and procedures, and to address any concerns or legal challenges you may face regarding volunteer engagement. I am NOT a lawyer and you should NOT rely on this advice solely if you have questions about labor laws and volunteers.

Most important is probably this DOL resource: Fact Sheet #14A: Non-Profit Organizations and the Fair Labor Standards Act (FLSA), which notes that volunteers serve on a part-time basis and do not displace regular employed workers or perform work that would otherwise be performed by regular employees. In addition, paid employees of a non-profit organization cannot volunteer to provide the same type of services to their non-profit organization that they are employed to provide.

Employees volunteering outside of their jobs, at the direction of their employer, is further explored in this response from the DOL, which talks about nurses being asked to volunteer their time, unpaid, to participate in community service activities, such as taking blood pressure at a health fair, teaching child care classes to expectant parents, participating in “career day” at a local school, helping the Red Cross, or helping with the hospital picnic. Other activities in question involve employee attendance at patient care conferences, task force meetings, and committee meetings on their days off or outside regular working hours.

There’s also this detailed response by DOL staff to someone in 2006 asking if the time employees spend on volunteer activities outside their employer’s worksite or on activities outside their regular work are compensable working time. For instance, “Does the employer have a duty to compensate non-exempt employees for the time they spend volunteering on a Habitat for Humanity project outside of normal working hours?” Any corporation that organizes volunteering activities for its employees needs to read this document carefully.

This isn’t from DOL, but Employee or Volunteer: What’s the Difference? from the Nonprofit Risk Management Center (NRMC), is excellent, as are these resources: Is Your Volunteer Really an Employee? The Answer Might Surprise You [Part 1] and Is Your Volunteer Really an Employee? The Answer Might Surprise You [Part 2]. These are from a law firm and are interpretations of DOL guidance.

Also see:

Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act

Whether an incentive based pay plan at a company, which includes civic and charitable volunteer activities, complies with the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA).

Again, all of these are USA-centric but, again, the advice is terrific for other countries as well. Of course, you should still check to see what your country’s laws are regarding volunteers, including interns or anyone to whom you aren’t paying at least a legal minimum wage.

In addition, there’s also this Safety and Health Checklist for Voluntary and Community-Based Organizations Engaged in Disaster Recovery Demolition and Construction Activities. This detailed document emphasizes the importance of such organizations promoting the health and safety of their work teams, including volunteers, and provides a checklist outlining some of the hazards frequently encountered during disaster response and recovery operations and what the organization should have in place to support and protect volunteers, including what training volunteer work teams should have. This checklist is great no matter what country you are in.

Fact Sheet #72: Employment & Wages Under Federal Law During Natural Disasters & Recovery also talks about volunteers.

What are the conditions of coverage for Peace Corps volunteers and volunteer leaders injured while serving outside the United States? is guidance issued by DOL that’s worth a read.

You can find a lot more information about US laws that govern volunteers and volunteer engagement at both the OSHA and the Department of Labor web sites by using their search function regarding the word volunteering. But be ready to wade through a huge amount of results, most of which don’t involve volunteers.

Having a mission statement for your organization’s volunteer engagement can protect you from over-zealous staff members, consultants and corporate funders who want to push for volunteers to replace paid staff and save money, or to increase volunteer engagement in areas of the nonprofits work that would be inappropriate. It also could help protect you against lawsuits from volunteers who feel they were merely unpaid workers. The US Department of Labor (DOL) and US Federal Courts want to see that the work of volunteers is distinctly different from the duties of the organization’s employees – and their guidelines on how they make the determination regarding who is a volunteer and who should be paid are good guidelines for volunteering other countries as well. To determine whether an individual is truly volunteering, the DOL and US Federal Courts look to:

  • The nature of the entity receiving the volunteer services
  • The character of the volunteer services (activities) themselves
  • The amount of control the employer or engaging organization exerts over the volunteer
  • Compensation or benefits provided to the volunteer, or that the individual expects
  • Whether the volunteer work displaces paid work by regular employees

You can read more from the DOL here on this archived page.

Learn more about how to talk about the value of volunteers.

If you have benefited from this blog or other parts of my web site and would like to support the time that went into researching information, developing material, preparing articles, updating pages, etc. (I receive no funding for this work), here is how you can help. 

Your Nonprofit CAN Resist. Here’s how.

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A cartoonish hand is palm facing the viewer, as if to say stop.

The following comment is on a subreddit now, posted anonymously (and I have a screen capture in case it gets deleted):

Welp, it finally happened. The national office of the small non-profit I work for has asked the whole organization to remove any DEI related language from our website and social media. Not because their stance on supporting DEI has changed, but because they are afraid that the current administration will cut our federal funding.

This goes beyond removing any “diversity and inclusion” statements. They are asking us to remove all individual instances & variations of the words diversity, equity, and inclusion.

I’m pushing back. I won’t win, but I’ll push back anyways.

My advice to this web site manager, and to everyone else: say no. I wrote in directly to word his “no” this way, in writing:

I will not remove language on the web site with regard to diversity, equity or inclusion. I will not remove information from the web site regarding any aspects of human rights or civil rights. If management wants this removed, you will have to do this yourself. If you want to reprimand me, I request that the reprimand be in writing, and please detail the exact language I was refusing to remove. I cannot in good conscience commit the actions you are asking me to.

The likelihood of being fired for this is REALLY remote at a nonprofit, because they are terrified of bad publicity.

I also suggested leaking that the nonprofit HQ was asking affiliates to do this to a credible media outlet, and to keep doing so until someone picks up the story and asks the HQ for comment.

None of this is to punish the nonprofit. But if a nonprofit can be pressured “from the top”, why not from elsewhere, and to actually do the RIGHT thing? Some in senior management will no doubt be grateful that their staff is showing true character and saying no, and that the press has the story and the public can understand what is happening and pressure the nonprofit NOT to do this.

So, to be clear:

If you, a staff person, are asked by a senior staff member or your organization’s HQ to remove information on your web site or social media that affirms any commitment to diversity, equity or inclusion, or that supports racial equality or social justice, you should first ask for the request to be in writing. Say that you cannot follow-up on any such request unless it is in writing. And then, when the request comes in writing, leak it to the press and also refuse to delete the information. Tell management they can do it themselves, but you won’t.

Other ways you can stand up for core values of civility, human rights and dignity:

  • If you are asked by a funder to remove information on your web site or social media that affirms any commitment to diversity, equity or inclusion, or that supports racial equality or social justice, ask for the request to be in writing. Say that you cannot follow-up on any such request unless it is in writing. And then, when the request comes in writing, leak it to the press and also refuse to delete the information.
  • If not removing the language would jeopardize an amount of funding that, if lost, would harm your clients, then remove the language and put a press release on your web site stating that you are removing the funding at the request of whomever is making the request (NAME THEM), have a scan of their communication asking or telling you to do this linked from the web page, and tell people if they would like to see the pre-censored version of the web pages you had to alter, to go to archive.org and look such up. Be sure to share on social media that this is happening.
  • Do not comply with any request by phone from the federal government that involves turning over client or staff personal information to a federal office; tell the requester that the request must be in writing. Consult legal counsel regarding whether or not you legally have to do it.
  • Post on social media about your organization’s commitment to diversity, equity and inclusion, or about activities your organization undertakes regarding such, or regarding related to racial equality or social justice, at least every quarter.
  • Attend public events by nonprofit in your area that are focused on serving minority communities, such as immigrants, refugees, local LBGTQ people, etc. Share a photo of yourself on social media with a member of that nonprofit, celebrating that you are together at the event.
  • Like, and if it’s appropriate, share, on your own social media account, posts of organizations in your area that support refugees and immigrants, LBGTQ people, and anyone else targeted by the current executive branch of government.
  • Go on social media using your organization’s profile and “like” the posts by your area’s elected officials and government offices that acknowledge diversity, equity and inclusion, racial equity, social justice issues, ALL religious holidays, etc.
  • Post acknowledgements at the start of Black History Month (February), Asian American, Native Hawaiian and Pacific Islander Heritage Month (May), Pride Month (June), National Hispanic Heritage Month is annually observed (September 15 to October 15), and National American Indian Heritage Month (November).
  • Post acknowledgements of a diversity of religiously-affiliated and “patriot”-affiliated celebratory days:
    • MLK Day
    • Chinese New Year
    • Easter (and perhaps Eastern Orthodox Easter as well, depending on your community)
    • First and Last days of Ramadan (varies each year – in 2025, it may start on Friday, Feb. 28, or Saturday, March 1, 2025)
    • Armed Forces Day (People currently serving in the United States military – celebrate on the third Saturday in May).
    • Memorial Day (last Monday in May)
    • July 4th
    • Labor Day (first Monday in September)
    • Veterans Day November 11
    • Rosh Hashanah
    • Yom Kuppur
    • Christmas.
  • Tell your volunteers they have the right to refuse the Presidential Service Award. Encourage anyone who will do so to write the office in charge and your executive director to say they will be refusing it for at least the next four years.
  • If you have to refer to these regions, then make sure you call them what they are: the Gulf of Mexico and Denali. And spell it Kyiv.
  • Have a plan for what to do if the police or federal law enforcement, such as ICE, shows up at your organization. Make sure all staff know that the first thing to do is to call the Executive Director and to say, “I am not authorized to give you permission to search these premises.” Even if they have a warrant and the Executive has to relent, create time for clients and others to leave the area.

Addition on February 13, from a colleague on LinkedIn:

  • Practical protection for nonprofits – Check your recent email subscribers to see if there was recently added DEIAreports[@]opm[.]gov as a subscription, meant to monitor DEIA activity.
  • Consider temporarily filtering out anyone with .gov email, as the current executive order requires government workers to report any DEIA efforts or face adverse actions.

A final thought on the seriousness of what is happening:

Ever wonder what you would have done at the darkest times of history – when Nazis were about to take over all of Europe and were murdering millions of people, most of them Jewish? When black people were enslaved and tortured regularly and systematically in the USA? During the US Civil Rights movement? When the mass murders of ethnic groups was happening in Rwanda or Srebrenica? – Well, you are doing it now.

BTW, I’m jeopardizing my own career, such that it is, by suggesting all this. Yet, here I am.

Have more ideas? Share them in the comments.

Are you using your own smartphone or other devices in your work or volunteering activities? Is your employer aware?

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images meant to look like cave drawings, one of a woman using a smartphone and one at a desktop computer.

Do you use your own, personal smartphone in your work activities for your employer? Does your company reimburse you for this? Does your company have a policy in writing about this use? Are you facing any challenges in using your own tech resources for your work, tech that you pay for and maintain yourself and use for your personal life as well?

I started a thread on the TechSoup forum a while back about this and a lot of folks have some strong feelings about this issue. There are also some companies that reimburse staff for use of their own personal devices.

What about your company? And for nonprofit organizations – do you realize what the cost is for your staff and volunteers when you require them to use their smartphones and other personal devices in their work for you? Had you even thought about it before?

You can weight in on the comments below, but please also weigh in on the original TechSoup forum.

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If you have benefited from this blog or other parts of my web site or my YouTube videos and would like to support the time that went into researching information, developing material, preparing articles, updating pages, etc. (I receive no funding for this work), here is how you can help.

Before you create that online profile… do you want to keep it?

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Each time you create a profile on any service — Yahoo, Google, Facebook, Twitter, whatever – you have to use an email address for that profile.

Choose that email address carefully, because it could determine whether or not you get to keep that profile once you leave your organization or agency.

More and more, staff members across organizations – not just the marketing department – are creating online profiles and participating in online groups and social media as a part of their work. An organization’s IT staff might be participating on the TechSoup Community to talk about their approaches to choosing hardware or tools to ensure system security. An agency’s human resources staff may be on an online community for other HR managers, to discuss the latest legislation and court rulings affecting the workplace. An agency’s program director may be on Facebook and Twitter to interact with people participating the agency’s services, classes, whatever.

When that staff member leaves the organization or agency, the tech waters can get quite muddy over who owns those online profiles. Often, it’s not the content of the profile that determines who owns such – it’s what email address was used to register that profile.

If there is any chance you will want to keep any online profile after you leave an organization, don’t register that profile using your organization’s email address.

In an article by Society for Human Resource Management, entitled, Ownership of Social Media Accounts Should Be Clarified in Agreements, Jim Thomas, an attorney with Minor & Brown in Denver (whose No Funny Lawyers Blog has been listed as one of the top 25 U.S. business law blogs according to LexisNexis) offers advice regarding company ownership of employee online activities. He notes in that article:

The clearest case for employer ownership will be an employee who uses other employees to maintain his or her accounts,” Thomas stated. “Beyond that, indicators will be use of employer e-mail addresses, employer standardized or coordinated formats (this is what your page should look like) or approaches to social media (coordinated campaigns); employer-provided photos and/or content; employer-provided passwords or passwords that are shared with the employer; employees who are allowed to use employer computers to use social media during working hours. Not that any one of these or even all of them will be dispositive.

The best advice is to have frank conversations with your supervisor, and to get clear policies from senior management, regarding who owns employee social media activities, and how accounts will be handled if you depart the organization. And you will have to have more such conversations and agreements every time your supervisor or senior staff changes, if policies aren’t in writing.