A volunteer is generally defined as an individual who performs hours of service for a public agency for civic, charitable or humanitarian reasons. Moreover, a volunteer performs these services without promise, expectation or receipt of compensation for services rendered. If these conditions are met, an individual will generally not be subject to the FLSA.
An individual may not be a volunteer for public agencies when the volunteer hours involve the same type of service which the individual is employed to perform for the same agency.
Under certain circumstances, exempt and non-exempt employees may volunteer time. Specifically, non-exempt employees may volunteer for work outside of their regular duties and regular hours, and exempt employees may volunteer for work outside of their regular duties. Additionally, volunteer services must be both (a) offered freely and without pressure or coercion, direct or implied, from the employer, and (b) performed for civic, charitable or humanitarian reasons.
If you have any questions about the appropriateness of volunteering time, contact the Compensation Team.