Hi everyone. I have a quick question (I hope!). During the summer, my employer hosts a summer camp. Some of our regular, full time, non-exempt employees volunteer to be camp counselors during that time. Are we able to make them exempt that week or pay them a flat rate for their services? No one is filling in for them in their regualr positions, the jobs they normally perform are put on hold during this period of time.

We are located in VA.

Please advise. =]

Generally speaking, you cannot switch an employee back and forth between nonexempt and exempt to avoid paying overtime.

Is this a nonprofit organization? Do the employees volunteer of their own free will? If they don't volunteer, would they be doing their regular jobs?

It is a non-profit and they are volunteering of their own free will. They will not be performing their regular jobs.

Here's a couple of DOL opinion letters that are at least partially on point.
http://www.dol.gov/esa/whd/opinion/FLSA/2005/2005_11_04_48_FLSA.pdf
http://www.dol.gov/esa/whd/opinion/FLSA/2006/2006_06_01_18_FLSA.pdf

The key here appears to be that they would be doing this instead of their regular job; the OLs imply that the volunteer work must be outside of their regular job duties.

So, if they don't volunteer, they aren't working at all?

You can, however, pay a flat rate per day as long as they don't go below minimum wage for all hours worked (sleeping time excluded, if this is a sleep-over camp).

I'd be interested in a couple of other opinion here (DAW?), but my first gut reaction is you're going to have to pay them an equivalent of at least minimum wage and possibly, overtime.

One more thing, the organization is not in the business of operating such camps on a regular basis, correct?

It's early enough in the year, you may have time to request an opinion letter from the DOL. I wouldn't want to be the test case for this. :(

No good deed....................

Thanks Patty! I know when I looked into this a few months ago, I did read some DOL letters, so I will be sure to check the ones you supplied as well.

If they didn't volunteer, they would just be doing their normal job.

It is a sleep over camp that we do every summer.

We do want to compensate the employees, we just aren't sure if we would have to pay them 24 hrs a day for 6 days! =] That would simply not work and we would have to go for outside counselors to whom we could pay a flat fee. But, these employees who want to volunteer really have a passion for the mission and would hate to miss the chance.

Maybe not.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.22.htm