Volunteer Labor Laws
Using volunteer labor sounds like a great idea, especially for nonprofits who want to invest most of their finances into their cause, rather than in employing workers. With no payroll, no employment taxes and few labor laws, volunteers are an enticing option. Likewise, the volunteer worker feels good about providing services free of charge.
To an extent, volunteering is a viable way to run a successful nonprofit organization. However, volunteer workers do have rights in the workplace, especially if those volunteers are minors.
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Definition of a Volunteer
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Many people think of volunteers simply as those who work for free. While this interpretation is correct in many instances, when it comes to labor laws, the definition is a bit more complex. The laws of the federal government and most states define volunteers as those who provide unpaid services for nonprofits such as educational, religious or charitable organizations. Those who employ true volunteers (from a labor law standpoint) have no "private gain."
Discrimination
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Most organizations employing volunteers are exempt from antidiscrimination laws such as the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967. The reason is that their volunteers are not classified as "employees" and case law historically excludes volunteers.
However, if an organization receives state or federal funds, the situation changes drastically. Most governmental grants include a clause requiring adherence to nondiscrimination laws.
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Worker's Compensation
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Worker's compensation is a state-run fund that compensates employees injured on the job. Again, since volunteers are not classified as "employees," they're often excluded from this fund. Yet there are exceptions. Many states allow volunteers working in situations of peril like firefighters or law enforcement assistants to collect worker's compensation. In addition, organizations that provide housing or other allowances to volunteers are sometimes required to pay certain employment taxes and worker's compensation. These particular labor laws vary greatly from state to state.
Child Labor Laws
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One of the toughest areas of labor law enforcement is child volunteering. Though the Fair Labor Standards Act (which governs child labor laws) usually doesn't apply to volunteers, it is in the best interest of both the organization and the child to adhere to these laws. States are particularly observant of child volunteers and may have even stricter laws than actual employment would dictate.
Experts advise to follow child labor laws---volunteer or not---when involving minors, and a signed parental-consent form is a must.
Considerations
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Using volunteers does not exempt firms from treating workers fairly. Organizations may find themselves in legal trouble if they endanger volunteers with unsafe working conditions. Organizations shouldn't solicit free help unless they provide a safe environment and keep a close watch over minors and what they do. Make sure it is clear to individuals they are volunteering and will not be paid for their work. Many states (Indiana, for example) have procedures for claiming wages when a worker did not intend to volunteer; both parties must establish the intent of volunteering.
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