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Privacy & Monitoring Sexual Harassment Social Media Telecommuting Unions Volunteers Wage & Hour HR Central Home
Privacy & Monitoring Sexual Harassment Social Media Telecommuting Unions Volunteers Wage & Hour HR Central Home
Volunteers
Employers should exercise caution if considering using "volunteers" as part of their workforce. According to California’s Division of Labor Standards Enforcement (DLSE), a “volunteer” is generally defined as a person who performs work for public service, religious or humanitarian reasons without promise, expectation or receipt of compensation for that work.
Whether a person is properly classified as an employee or a volunteer is determined by the parties’ intent. If a person intends to volunteer his/her services for public service, religious or humanitarian objectives, not as an employee and without expecting pay, the person is not an employee of the religious, charitable or similar nonprofit corporation that receives the services. However, the definition of volunteer may be different for different purposes. The term “volunteer” cannot be loosely used to evade the requirements of the law.
Particularly during the summer, employers often receive requests from minors who offer to "volunteer" their services to gain work experience. An individual cannot “volunteer” to work at a “for-profit” company. A person who offers to work for nothing for the purpose of gaining experience is an employee, not a volunteer.
If you are a for-profit entity, people who perform work for you are generally employees, regardless of their age, and you should comply with wage-and-hour laws, anti-discrimination laws and anti-harassment laws.
Although a California court ruled in a 2013 case that the protections of the Fair Employment and Housing Act do not extend to volunteers any harassment or discrimination, whether directed at paid employees or volunteers, erodes morale, harms individuals, minimizes productivity and brings bad publicity.
Whether a person is properly classified as an employee or a volunteer is determined by the parties’ intent. If a person intends to volunteer his/her services for public service, religious or humanitarian objectives, not as an employee and without expecting pay, the person is not an employee of the religious, charitable or similar nonprofit corporation that receives the services. However, the definition of volunteer may be different for different purposes. The term “volunteer” cannot be loosely used to evade the requirements of the law.
Particularly during the summer, employers often receive requests from minors who offer to "volunteer" their services to gain work experience. An individual cannot “volunteer” to work at a “for-profit” company. A person who offers to work for nothing for the purpose of gaining experience is an employee, not a volunteer.
If you are a for-profit entity, people who perform work for you are generally employees, regardless of their age, and you should comply with wage-and-hour laws, anti-discrimination laws and anti-harassment laws.
Although a California court ruled in a 2013 case that the protections of the Fair Employment and Housing Act do not extend to volunteers any harassment or discrimination, whether directed at paid employees or volunteers, erodes morale, harms individuals, minimizes productivity and brings bad publicity.