A r c h i v e d  I n f o r m a t i o n

"Employee" or "Volunteer?"

Terminology often sets the stage for determining how laws may be applied. For example, the applicability of a specific labor law will depend on whether the worker in question falls under the law's definition of "volunteer" or "employee." The classification chosen by the service organization will not affect the law's applicability. Therefore, whether a charitable entity refers to its personnel as "volunteers," "participants," "gratuitous employees," or "interns," the organization's choice of appellation will not modify its obligation to afford certain protections to all personnel who meet the statutory qualifications of an "employee."

To minimize confusion wherever possible, this text utilizes the term "employee" to refer to individuals who meet the "employee" qualifications of the law at issue. The term "volunteer" will be used more loosely, often as it is used among volunteer programs, to refer to those individuals who offer charitable services for humanitarian reasons. The characteristics of those referred to as "volunteers" may vary. Some may receive no compensation while others may earn living allowances, stipends or other nominal fees to enable them to participate. Where relevant, this booklet will explain the characteristics of volunteer service that may transform a "volunteer" into a legal "employee."

Just as the characteristics of volunteers may vary, so do the classifications imposed by different laws. An individual who may qualify as an "employee" under one law may not meet the "employee" criteria for another. For example, the Internal Revenue Code uses different rules for distinguishing between employees and independent contractors than the federal Fair Labor Standards Act uses when determining whether someone must be paid the minimum wage.

As a result, those who administer service programs must familiarize themselves with the classifications posed by both the state and federal laws that potentially affect their personnel. The ensuing materials will help those who coordinate the efforts of volunteers to utilize their services in a way that best satisfies the obligations imposed by many labor and employment laws.

[Introduction]

[Wage and Hour Laws]