Can a non-exempt employee volunteer their services to their nonprofit employer?
Answer:
Yes, they may volunteer their services only if they do not perform the same type of work as they normally perform as employees on their job.
It is important to keep in mind that if you schedule non-exempt employees to work an event and tell them they have to be there, they’re obviously not volunteers, and you’ll have to pay them. The same holds true if you ask them to perform tasks that they’re normally compensated for. On the other hand, if it’s an occasional event—like an annual fundraiser—and if non-exempt employees offer their time of their own volition, chances are you won’t have any serious problems. In addition, if the work is totally different from their regular duties, you’re okay. Exempt employees may volunteer their time and talents freely since they’re not subject to the same wage and hour regulations.
Tip: If you have employees that volunteer at your nonprofit in their spare time, you probably should have a policy that spells out the application and approval process for employee-volunteers. The policy also needs to protect your nonprofit against being sued for back wages and overtime by nonexempt employees.
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The information contained in this article is not a substitute for legal advice or counsel and has been pulled from multiple sources.
