Volunteers

News & Analysis as of

Major League Baseball Volunteers Are not Employees Under the FLSA

On March 26, 2014, the District Court for the Southern District of New York dismissed John Chen’s proposed Fair Labor Standards Act (FLSA) collective action against Major League Baseball (MLB) alleging that MLB had failed to...more

Hope Springs Eternal . . . Except for a Volunteer at Major League Baseball’s FanFest on the Losing End of a Wage and Hour Class...

In baseball, the beginning of spring means hope for fans of even the most hard luck teams. Unfortunately for one erstwhile fan, the first days of spring ushered in a dismissal of his putative wage and hour class action. The...more

Perspectives - January 2014

In This Issue: - Considerations in the Cloud: Managing the Risks - United States V. Sperry: A Revived Threat to Owners, Directors, Managers and Directors of Distressed Organizations - Board Membership &...more

Consider These Tips in Maximizing Your Charitable Tax Deduction

As you gather your tax materials and prepare to file your 2013 tax returns, you may wish to consider whether you have incurred out-of-pocket expenses while serving as a volunteer on behalf of a charitable organization. If so,...more

Caution: Payments to Volunteers Can Lead to Trouble

Nonprofit organizations and governmental entities are permitted to use volunteer labor. In many instances, the work performed mirrors that performed by paid staff. Employers may want to recognize the time and efforts of the...more

Affordable Care Act Update: Volunteer Firefighters And Other Emergency Responders Are Not Full-Time Employees Or FTE’s Under ACA

On January 10, 2014 the U.S. Department of Treasury announced that volunteer firefighters and other emergency responders (“volunteer emergency personnel”) at governmental or tax-exempt organizations “generally” need not be...more

Regulators Provide ACA Guidance on Volunteer Emergency Workers

On Friday, the Department of Treasury announced on its blog that it intends to provide an exemption to the employer penalty provisions for volunteer firefighters and emergency services personnel. According to its blog post,...more

Volunteer Firefighters Qualify as Employees Under Fair Labor Standards Act and Family Medical Leave Act

A volunteer firefighter alleged his termination violated the Fair Labor Standards Act (“FLSA”) and the Family Medical Leave Act (“FMLA”). The United States Court of Appeals for the Sixth Circuit reversed the district court’s...more

Employer-Sponsored Volunteerism: Doing Right When Employees are Doing Good

Along with back-to-school events and apple picking, corporate-sponsored volunteer opportunities are a hallmark of the Fall season. September and October traditionally bring runs and walks for charity; nationally and locally...more

Nonprofit Executive Summit: Bringing Nonprofit Leaders Together to Discuss Legal, Finance, Tax, and Operational Issues Impacting...

In this presentation: - Keynote Address: The Federal Tax Landscape for Nonprofits: View from the Hill - Risk to Relevance: Protecting Your Nonprofit's Business Model - In the Wake of the IRS Exempt...more

Delaware Enacts Volunteer Emergency Responders Job Protection Act

On September 6, 2013, Delaware Governor Jack Markell signed into law the Volunteer Emergency Responders Job Protection Act, DEL. CODE ANN. tit. 19, § 1901 et seq. (H.B. 21), a measure designed to ensure that volunteer...more

Sixth Circuit Holds Volunteer Firefighters Must Be Counted As Employees To Determine Whether A Dispatcher Is Eligible For FMLA...

The U.S. Court of Appeals for the Sixth Circuit held in Mendel v. City of Gibraltar that volunteer firefighters, who receive $15 per hour whenever they voluntarily choose to respond to calls, are employees who must be counted...more

African Trial Advocacy Program improves Legal Services and Quality of Life in Botswana

Attorney Dean Brett, of the Brett Murphy Law Firm of Seattle, recently returned from a volunteer position teaching trial advocacy in Botswana, Africa, through Justice Advocacy Africa (JAA), a non-profit organization founded...more

Hospitality Update, No. 3, September 2013: Court Rejects "Al Capone Defense" To FLSA Violations

On July 29, a federal appeals court addressed the question of whether the Fair Labor Standards Act’s minimum wage and overtime protections apply to undocumented aliens working illegally for an employer. Drawing on an analogy...more

The Continuing Saga Of Unpaid Workers & Misclassification Issues

Worker misclassification continues to be an issue at the forefront of today's workplace....more

Homeless Court Getting Ready To Offer Justice and Hope In Birmingham

Our Birmingham office had the honor last week of hosting a training conference for those who will be participants in the operation of a new Homeless Court in the City of Birmingham Municipal Court....more

Volunteerism, Charity And Tax Breaks

This past weekend there was a great 60 Minutes segment on Microsoft founder Bill Gates....more

LAPD Reserve Officer Cannot Claim Disability Discrimination Because He Is Not An "Employee" Under FEHA - Court Rules That...

A California Court of Appeal recently held that a volunteer reserve police officer for the Los Angeles Police Department was not entitled to maintain a disability discrimination claim under the California Fair Employment and...more

Potential Pitfalls of Volunteer Employee Political Activity

As the New Jersey 2013 gubernatorial and legislative general election season kicks into high gear and as the State is preparing for a special primary and general federal election, New Jersey employees may get caught up in the...more

Focus on Nonprofit Employee Misclassification: Are Your Workers "Employees," "Volunteers" or "Contractors?"

In this presentation: - What’s in a Name: “Employee” vs. “Independent Contractor” Federal rule - Varying state law interpretations - What about volunteers and interns? - - Avenues of...more

Shorts on Long Term Care - June 2013

In this issue: - What’s Up With Nursing Facility “Mandatory” Corporate Compliance Programs? - Updated OIG Exclusion Guidance Spells Out Recommended Employee Screening Procedures - General Assembly Calls...more

GUEST POST: Start-Ups And The Unpaid Internship – The Legal Balancing Act

As the summer arrives in full force, I am watching a lot of my start-up friends take advantage of the unpaid internship to help with some needed coding, design or marketing projects they haven’t gotten to. ...more

Any Volunteers?

Generations X, Y and Z: educated, independent, entitled and media savvy. When motivated, these workers can be very valuable. Retaining them, however, can be a problem. Conventional wisdom is don’t try; they will be moving...more

Weekly Law Resume - March 28, 2013: Civil Procedure – Summary Judgment – Judicial Estoppel

Diane Marie Minish v. Hanuman Fellowship et al. - Court of Appeal, Sixth District (February 25, 2013) - The doctrine of judicial estoppel precludes a party from obtaining an advantage by asserting one position, and...more

Unpaid Interns, Volunteers, And Trainees

Who, What, Why . . . Who does it apply to: Every employer who has or intends to hire unpaid interns. When must an intern be paid: All “employees” of a business must be paid at least minimum wage unless they are a...more

26 Results
|
View per page
Page: of 2