Volunteers

News & Analysis as of

Summer Storms and the FLSA: Paying Employees When Inclement Weather Shuts You Down

As we head into the waning days of June, strong storms and persistent flooding have been all over the news lately. Near me, storms earlier this week demolished homes and businesses, dropped a communications tower on a fire...more

Nonprofit Volunteers: We’ll work for free … unless we get hurt

If your company is a nonprofit or has a nonprofit foundation, are you covered if something happens to your volunteers while they’re engaged in service to your organization? The concern is real. There were 287 fatal...more

DOL Wage and Hour Division to "Clarify" FLSA Independent Contractor Definition

The DOL’s Wage and Hour Division expanded its already busy agenda, announcing upcoming guidance on the Fair Labor Standards Act’s definition of “independent contractor.” WHD Administrator David Weil, speaking at New York...more

Important Changes Affecting Background Checks Under Pennsylvania Child Protective Services Law

The Children and Youth Committee of the Pennsylvania House of Representatives has voted overwhelmingly to narrow the scope of a Pennsylvania law requiring background checks for volunteers who have “direct contact” with...more

Governor Wolf Announces Fee Waivers for Volunteers Seeking Background Checks

Beginning July 1, 2015 volunteers are required to obtain background checks, including the Child Abuse History Clearance, issued by the Department of Human Services, and the Criminal History Record Check, issued by the...more

Weathering The Recent Storms in Texas: How to Compensate Employees for Lost Time

In the wake of Houston’s recent flooding, countless businesses closed their doors, and many individuals are coping with homes in disrepair. Texas employers wondering whether they must pay workers for lost time during...more

“Burt’s Law” Places New and Enhanced Responsibilities on Employees and Volunteers In Facilities Providing Care for Those with...

According to press reports across North Carolina, Burt Powell was a resident of a group home for adults with mental disabilities. His parents placed him in the facility to increase his chances of achieving a more independent...more

Employee Misclassification in the Entertainment Industry

Employee misclassification is one of the leading labor abuses in the country. In fact, in recent years, both the Internal Revenue Service and the U.S. Department of Labor have launched a misclassification initiative to combat...more

Employment Law Letter - Spring 2015

In this Issue: - Is a Volunteer an Employee For Discrimination Law Purposes? - Don’t Use “Just Cause” Except In Union Contracts - Are Courts Getting Tough On Disability Claims? - Legal Briefs and...more

When Do Volunteers Become “Employees” Under Anti-Discrimination Laws?

Having this blog for nearly eight years, it’s fair to say that I’ve covered quite a few topics. But every once in a while, a never-before-discussed issue makes it way to the forefront. Today is one of those days....more

PLRB Issues Controversial Ruling on Volunteer Fire Companies

Recently, the Pennsylvania Labor Relations Board (PLRB) issued a Final Order indicating that members of a volunteer fire company which provided coverage to a local borough were actually Borough employees.   In doing so...more

Volunteer Directors and Officers Liable to Facility Creditors

The Third Circuit Court of Appeals recently upheld a trial court’s jury verdict finding the individual board members and officers of a non-profit healthcare facility personally liable to the facility’s creditors. The board...more

Captain Obvious Issues Most Obvious FLSA Decision of 2015 (So Far...)

It happens every year: I read a decision from a federal judge about the federal Fair Labor Standards Act and shake my head that it actually took litigation to resolve such an obvious question. It is only March, but 2015...more

Legislation Passed Relating to Full-Time Employees under Affordable Care Act

The House passed the Save American Workers Act (H.R. 30), which would redefine full-time employment under the Affordable Care Act (ACA) from 30 hours to 40 hours per week for purposes of the employer mandate, thereby...more

Nuns, Firefighters and Title VII: Are Volunteers Eligible for Protection?

Volunteerism is a staple of American life. According to the Corporation for National and Community Service, 62.6 million Americans volunteered nearly 7.7 million hours in 2013, adding up to an estimated value of $173 billion....more

Employers Beware: Could the Generosity of Volunteers Result in a Perceived Employer-Employee Relationship?

The generosity of volunteers builds a link between employers and the community, which frequently proves critical to accomplishing community and philanthropic work during times of need. Often times, there is too much to be...more

Blocking the Finish Line: Does the FLSA Exemption for Amusement and Recreational Establishments Apply to Marathons?

Several years ago, at one of the numerous race events that have become immensely popular in the last handful of years, a race “volunteer” provided a bike escort, so that the elite runners at a half-marathon race in St. Louis...more

Perspectives - February 2015

In this issue: - Not-for-Profit Spotlight - Liability Exposure for Volunteers - Rules for Reimbursing Employers Up for Review—It’s a Good Time to Brush Up on the Benefits and Requirements of Your...more

Is Your Volunteer Really an Employee? The Answer Might Surprise You [Part 2]

In our last post, we looked at the rules governing volunteers at for-profit entities. As we discussed, for-profit organizations have almost no latitude to accept volunteer services. However, nonprofit employers face a more...more

New Public Employment Laws for 2015

Year in and year out, one thing is true: In California, there will always be new laws affecting employers, and 2015 is no exception. Below is a brief description of the laws that public sector employers need to be aware of...more

Is Your Volunteer Really an Employee? The Answer Might Surprise You [Part 1]

Over the past year or so, we have discussed the Fair Labor Standards Act’s application to both paid interns and unpaid interns, as well as independent contractors. One area we have covered briefly in the past, but not...more

Employment Law Reporter – January 2015

New Laws for 2015 - With hundreds of laws being proposed in the California Legislature each year, it is hardly a surprise that more than a few are signed into law. For employers, staying abreast of these new laws is a...more

Changes in California Employment Law for 2015

As Californians get back to business in the new year, we wanted to highlight the following changes to California employment laws for 2015: - Mandatory Paid Sick Leave - Protections Against Discrimination and...more

When It Comes to “Volunteer” Workers, No Good Deed Goes Unpunished

It is that fun time for New Year’s resolutions. Right up there with promises to go to the gym and to try to get along with one’s in-laws, many will make plans to do more volunteer work in 2015. From an employer’s point of...more

New York Law Providing Unpaid Leave For Emergency Responders Takes Effect

New York recently passed a new leave law mandating unpaid leave for emergency responders. The law took effect December 22, 2014. Under the law, employers must provide unpaid leave to employees who serve as volunteer...more

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