Primer for Nonprofits on Paid Employees, Volunteers, and Interns
A new Connecticut law went into effect this year creating early voting procedures for the first time in Connecticut. The law, Connecticut General Statutes § 9-163aa, provides that before each election, a period of early...more
This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more
On March 12, 2024, the Eleventh Circuit affirmed the dismissal of a putative class action wage and hour lawsuit brought by three golf course attendants who volunteered at a public golf course operated by Palm Beach County,...more
As Spring is here and people will be outside playing sports, I find it exhilarating to be able to blog on a sports-related wage-hour issue. One, amazingly, that has gone up to a federal appellate court. In this case a group...more
On March 12, 2024, the U.S. Court of Appeals for the Eleventh Circuit (covering Alabama, Florida, and Georgia) affirmed the dismissal of a putative class action wage and hour lawsuit brought by three golf course attendants...more
Taking a “commonsense” approach, the U.S. Court of Appeals for the Eleventh Circuit held that volunteers’ mere receipt of certain “perks” does not convert them to employees under the FLSA. In Adams v. Palm Beach County (11th...more
What takes priority? There was a social media storm this week after a large non-profit organization terminated a volunteer after the volunteer questioned the point of having preferred pronouns in signature blocks. The woman...more
Employers are keenly aware that the labor market is very tight, and you’re likely struggling to find talent. As summer approaches and many employers move into their busiest season, you may be looking at creative staffing...more
You may have heard the famous quote that “as you grow older you will discover that you have two hands- one for helping yourself, the other for helping others.” Volunteering is one form of service that uses both hands- it...more
Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has ruled that all five causes of action in an employment discrimination lawsuit brought by a former employee of the New York...more
Das Bundesarbeitsgericht (BAG) räumt mit einer Entscheidung des Landesarbeitsgerichts Nürnberg (LAG Nürnberg vom 14. Oktober 2020, 2 Sa 215/20) auf. Diese hielt ein Freiwilligenprogramm für unzulässig, weil es zeitlich mit...more
The California Court of Appeal has definitively resolved an issue that was until now somewhat ambiguous: Can volunteers in fact volunteer their time for nonprofit organizations without receiving pay or other forms of...more
Nonprofit organizations depend heavily upon their volunteers. What if a court were to hold that volunteers were in fact employees entitled to minimum and overtime wages, meal and rest breaks, wage statements and other...more
The Fair Labor Standards Act (FLSA) requires employers to pay nonexempt employees at least minimum wage for all hours worked up to 40 hours in a workweek and time and one-half for all hours worked over 40 hours in the same...more
The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more
This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more
Nonprofits are some of the best providers of necessary services in the United States. However, many run on shoestring budgets and require a mix of paid staff, volunteers, and internships to fulfill their missions, and there...more
As the COVID-19 pandemic swept over the world, an unlikely phenomenon swept the United States. While new terms like “social distancing” and “essential employees” suddenly became part of the common lexicon, a surprising phrase...more
Benesch Law’s Labor and Employment group recently wrote on general labor and employment related concerns relative to COVID-19 in an article published on March 6, 2020. In just the last six days, thousands of additional cases...more
The line between lawful and unlawful unpaid work is not always clear. Many companies are contacted by people offering to work on a voluntary basis. It is often pitched as a “win-win” because the person is willing to work...more
Seyfarth Synopsis: When faced with wildfires or natural disasters, California employers must keep calm, carry on, and continue to meet their obligations under California law. ...more
Many employers provide employees with the opportunity to participate in community service projects during their off-duty time, like mentoring youth, cleaning waterways, painting and repairing shelters, and building affordable...more
It’s hurricane season, and companies all along the Gulf should have a plan in place not only to address business continuity issues, but also the human resources and staffing questions that arise in the event of a natural...more
Company sponsored volunteer activities foster a positive corporate culture and can improve employee engagement and morale. On March 14, 2019, the U.S. Department of Labor issued an Opinion Letter that makes wage and hour...more
Does the adage “no good deed goes unpunished” apply to employers that fail to pay wages to hourly employees during volunteer events? Not necessarily, according to a recent U.S. Department of Labor (DOL) Opinion Letter....more