Treat a Volunteer Different Than an Employee
What is the definition of a volunteer? Federal law, under the Federal Fair Labor Standards Act (FLSA), defines individuals that provide services without any expectation of compensation and without any coercion or intimidation, as “volunteers” (non-employees). The opposite is true concerning an employee as they are compensated and regulated within reason.
Steps
- Never compensate a volunteer. A volunteer does their service without any thought of what in it for them. There sole purpose is to benefit the cause and not themselves (although they do get a good feeling from helping!).
- Do not use coercion on a volunteer. Coercion means restraint, to restrict or to force someone to do something. Avoid threats, verbal abuse, intimidation or use of fear.
- Always remember that volunteers are giving their own time. They cannot be regulated with a set time schedule for this could mean a cross over into an employee status or underground economy.
- Don't allow back of the room sales and dealers rooms where volunteers collect money for selling their products. It could be considered compensation and make them employees.
- Learn what is considered compensation. You don't want to have a non-profit event and have it turn into a vendor fair for the vendor’s personal gain. This could cause problems for compensation is that which is given or serves as an equivalent for service. A volunteer has no thought of receiving something back for their service. It is freely given for the good of their heart.
- Give freely if you are a volunteer. Heartfelt service is not for the sake of any personal gain.
- Understand that employees are usually to be compensated on a regular scheduled time.
- Recognize that employees can be scheduled. You do have more control over their work and time unlike a volunteer which you do not. In conclusion it is best to seek an attorney to prevent crossing the line and getting yourself in a lot of trouble. Subcontracting has very clear rules also and can easily get you in trouble. Seek out the laws and be safe.
