Can a nonexempt employee volunteer their services to their nonprofit employer?
They may volunteer their services ONLY if they do not perform the same type of work as they normally perform as paid employees.
It is important to keep in mind that if you schedule nonexempt employees to work an event and tell them they must be there, they are not volunteering and should be paid accordingly.
If it’s an occasional event and if nonexempt employees offer their time of their own volition, chances are you won’t have any serious problems. Further, make sure the volunteer duties are totally different from their regular paid duties. Exempt employees may volunteer their time and talents freely since they are not subject to the same wage and hour regulations.
501 members and subscribers have unlimited access to HR Services. Contact us any time regarding volunteering, sample policies and procedures, or any other HR challenge you may be facing.
The information contained in this article is not a substitute for legal advice or counsel and has been pulled from multiple sources.
