In a recent Opinion Letter, the Department of Labor confirmed that employers do not have to pay employees while they volunteer for charitable causes. The Opinion Letter provides guidance only for the requesting party, but it is interesting to understand the Department’s position with the facts presented.
The employer asked for an opinion on whether an employee’s time spent participating in an employer’s optional volunteer program would be considered hours worked under the Fair Labor Standards Act. The volunteer program was an optional community service program through which employees engaged in volunteer activities. If the activities occurred during working hours, employees were compensated because they received their regular pay. If the activities occurred outside working hours, the volunteer time was not paid. The Department of Labor confirmed that if the employee offered his or her services freely without coercion or undue pressure from the employer, the volunteer was not considered an employee while performing the volunteer service and would not need to be compensated for the time.
To avoid having to pay employees when they volunteer, employers should take note of the Department of Labor's Opinion letter and (a) not require participation in any volunteer program, (b) not impose adverse consequences on an employee if the employee does not participate in the volunteer program, and (c) not guarantee monetary rewards for volunteering.
