News & Analysis as of

Volunteers

Eighth Circuit Affirms Order Compelling Arbitration, Rejecting Contract Defenses Of Unconscionability And Lack Of Consideration

by Carlton Fields on

The Eighth Circuit affirmed an order compelling arbitration in a case filed by a volunteer concession worker against an operator of concessions at a sports stadium in St. Louis. The concession worker had volunteered to work...more

It’s Almost Summer! Time to Review the Law Governing Interns, Part I

It’s that time of year again when employers who take on interns and volunteers for the summer are reminded that they must comply with federal and state wage and hour laws. There have been a few new developments in the law...more

Hiring A Summer Intern? What You Should Know Regarding Pay

by Smith Anderson on

As the summer work season approaches, employers should review whether any “interns” or “volunteers” in their workplaces are classified properly and are being compensated appropriately. Although unpaid internships are...more

Indiana Expands Workers’ Compensation Compensability to Broaden Coverage for “Volunteer Work”

by Reminger Co., LPA on

In John C. Morris v. Custom Kitchen & Baths, 64 N.E.3d 912 (Ind. Ct. App. 2016), trans. denied (March 2017), a licensed building contractor demonstrated sufficient connection between volunteer work and his business such that...more

Giving Credit Where Credit Is Due: First Responders Get A Break On Local Taxes

by Tucker Arensberg, P.C. on

Every day, firefighters and emergency medical service (EMS) volunteers across Pennsylvania provide essential services to keep the public safe—and they do it all for free. Unfortunately, volunteer fire companies and EMS...more

Church defeats lawsuit by volunteer after stepladder accident. Duelling OHS experts’ testimony considered

by Dentons on

A volunteer has lost his lawsuit against a church after he fell off a stepladder he was using at the church. The volunteer was a parishioner at the church who agreed to help with painting. He claimed that the church’s...more

Tax Credits Now Available to Emergency Service Volunteers

by Tucker Arensberg, P.C. on

On November 21, 2016, Governor Tom Wolf signed into law HB1683 (Act 172 of 2016), which authorizes municipalities to grant fire and emergency medical service (EMS) volunteers tax credits for local taxes. The new law takes...more

Maine Workers’ Comp Alert: Appellate Division Addresses Distinction Between Employees Covered Under the Act and Volunteers

by PretiFlaherty on

In Huff v. Regional Transportation Program the Workers’ Compensation Board Appellate Division affirmed a decision finding that an individual was not an employee but, rather, a volunteer. The individual was a driver for a...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19496 - Commission on Human Rights & Opportunities v. Echo Hose Ambulance - The issue of this case was whether or not an unpaid volunteer, in this case for an ambulance...more

Unpaid Volunteers Are Not “Employees”, Says Court

by Shipman & Goodwin LLP on

The CHRO is no stranger to taking aggressive positions in the court system. So, it can really be no surprise that the agency wanted to expand who is covered by the state’s anti-discrimination laws....more

Employment Law Navigator – Week in Review: July 2016 #5

by Zelle LLP on

Pokemon Go has taken the world by storm. Last week, several blogs discussed what employers can do to limit the effect of the game on the workplace. HR Morning advised looking at information technology and social media...more

Get Connected: 4 Ways to Find the Perfect Organization

by McManis Faulkner on

Are you looking for a great way to give back to the community? With busy careers and personal lives, it may be overwhelming to think about adding one more item to your to-do list, but getting involved can benefit you in many...more

Volunteers: Can They Really Help Fix Your Issues With New Overtime Rules?

by Shipman & Goodwin LLP on

Over the weekend, I finished planning for our June 7th webinar on the new overtime rules. In digging deeper into the materials produced by the Department of Labor on the final rule, I looked at the use of volunteers as a...more

Amendments to FEHA Regulations Effective April 1, 2016

by BakerHostetler on

On April 1, 2016, amendments to California’s Fair Employment and Housing Act (FEHA) regulations will become effective. While the amendments bring the regulations into compliance with various recent statutory changes and case...more

This Is Not a Prank: California’s New Amended FEHA Regulations Are Effective April 1

by Reed Smith on

California’s Fair Employment and Housing Act (“FEHA”) prohibits harassment and discrimination in the workplace that is based on one or more of the categories commonly protected by local, state and federal discrimination laws....more

Canadian Employment News Series: Ontario Court of Appeal ruling: employee who signed a waiver can still sue employer

by DLA Piper on

On January 26, 2016, the Ontario Court of Appeal released its decision in Fleming v Massey.1 The case involves an employee who has sued his employer and others for damages after he was injured volunteering at a go-kart event....more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

by Littler on

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

4 Reasons Why Companies Can Ask Exempt Employees to Work for 'Free'

by Carlton Fields on

The leaked Urban Outfitters memo asking salaried employees to volunteer one or more weekend shifts at an Urban Outfitters fulfillment center to pick, pack and ship merchandise is really no story at all, despite Internet...more

Volunteers at For-Profit Companies: Bad Idea Even if for a Good Cause

by Baker Donelson on

Fall is upon us and the holiday season will soon follow. Along with the joy of this special season often comes requests from civic groups to partner with for-profit companies for fundraising or other charitable purposes. For...more

New York Employment Law Roundup: July, August, & September 2015

by Reed Smith on

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest events, we share regular summaries of...more

All Over But the Penning: the California Legislature Completes its Work for 2015

by Littler on

The California Legislature adjourned its 2015 regular session early last Saturday morning.  It is now up to Governor Brown to sign or veto the last of the Legislature’s 2015 work product.  He has until Sunday, October 11, to...more

Hospitality Industry Targeted in Proposed White Collar Overtime Regulations

by Baker Donelson on

In a March 13, 2014, memorandum, President Barack Obama directed the Department of Labor (DOL) to "modify," "streamline" and "simplify" the federal regulations regarding exemptions to overtime under the Fair Labor Standards...more

Practice Spotlight: Top 10 Questions Employers Have About the Newly Proposed Overtime Regulations

by Baker Donelson on

Employers across the country are trying to get their arms around the implications of the Department of Labor's (DOL) proposed changes to the overtime regulations. These proposed changes, which were published on June 30, 2015,...more

Commonwealth Court Expands the Scope of Good Samaritan Amendment to the Workers’ Compensation Act

In 2003, the Pennsylvania General Assembly amended Section 601 of the Workers’ Compensation Act to expand the definition of the word “employee” to include employees who, while in the course and scope of their employment,...more

MLB FanFest Volunteers Strike Out at Second Circuit Under FLSA’s Seasonal Amusement or Recreational Establishment Exemption.

by Seyfarth Shaw LLP on

Last week, the Second Circuit affirmed a lower court decision in Chen v. Major League Baseball Properties, Inc., et al., holding that FanFest—a five-day interactive baseball theme park organized in conjunction with Major...more

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