Part-time employee and volunteering

[sally]

Hello,

First, I'd like to say how much I appreciate this forum...thank you.

I work for a non-profit organization as a part-time employee and we frequently have events that we are a part of, outside of work hours. I'd love to help out at these events but am being told that labor laws prohibit part-time empoyees from volunteering in the same organization. Is this true?

I work in Alabama and my job responsibilites are on the computer and administrative work and the volunteering duties consist of manning a table, encouraging people to sign up as supporters of our organization.

Please help in letting me know whether I'm allowed to volunteer or not.

Thank you so much for your help.

[elklaw]

Well, I cannot find specific legislation, but the point is reasonable. If you are a part-time employee, are you really volunteering within the same organization if the volunteer activity is related to the work you get paid for. If you are doing comparable work, then they would theoretically owe you wages. If you can see it from their perspective, it is wise for tax reasons to keep employees and volunteer work separate to prevent commingling or requests for pay for volunteer work.

[sally]

Thank you so much for your reply.

I still need clarification on a few points:

1.) I am employed by this company but I see the job duties and volunteer duties as completely separate. My job duties involve administrative assisting and computer data entry. My volunteer duties would consist of standing at a table and handing out information, to those interested, about our company.

2.) Full-time salaried employees are allowed at these events but I, as a part-time employee, am not. If their fear is that I would turn around and claim reimbursement for hours worked then why isn't there a fear of the salaried employees claiming overtime benefits?

3.) Would a waiver, stating that I deny benefits or remibursement due to me agreeing to volunteer, be a valid approach?

I also understand that my employer's point may be valid but they are stating it's the law and I'm trying to find out where exactly that law is located.

Thank you so much for your time.

[LConnell]

Volunteering

This link will take you to an explanation of how the US Department of Labor views volunteerism: http://www.dol.gov/esa/whd/opinion/F..._19_4_FLSA.pdf

[sally]

Thank you so much for that link. However, I had already read through that article and never found an answer to my 3 concerns (listed above).

Please help me with the 3 areas I'm still confused about.

Have a great day, thank you

[LConnell]

Volunteerism

The following are your questions with my answers:

1.) I am employed by this company but I see the job duties and volunteer duties as completely separate. My job duties involve administrative assisting and computer data entry. My volunteer duties would consist of standing at a table and handing out information, to those interested, about our company. The responsibility of handing out information is probably under the category of administrative responsibilities. As such, your employer would probably need to pay you.

2.) Full-time salaried employees are allowed at these events but I, as a part-time employee, am not. If their fear is that I would turn around and claim reimbursement for hours worked then why isn't there a fear of the salaried employees claiming overtime benefits? That is because salaried exempt people do not need to be paid overtime...they can work an unlimited number of hours without any additional compensation.

3.) Would a waiver, stating that I deny benefits or remibursement due to me agreeing to volunteer, be a valid approach? No, because your employer is required to pay you for hours worked, even if you have "volunteered" not to be paid.