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

Footnotes

¹29 U.S.C. §§ 206 and 207 (1997).

²29 U.S.C. § 203(s) (1997).

³ See Lisa M. Milani., The Applicability of the Fair Labor Standards Act to Volunteer Workers at Nonprofit Organizations, 43 Washington & Lee Law Review, 223, 235-36 (1986); Kelley Jordan, FLSA Restrictions on Volunteerism: The Institutional and Individual Costs in a Changing Economy, 78 Cornell Law Review 302 (1993).

⁴ 29 U.S.C. §§ 203(r)(2)(A) and 203(s)(1)(B) (1997).

⁵ [6 Wages-Hours] Lab. Rel. Rep. (BNA) 99:1179, WH-293 , October 16, 1974, and [6 Wages-Hours] Lab. Rel. Rep. (BNA) 99:1231, WH-377, March 10, 1976. Note however that employees engaged in these activities may still be protected by the FLSA on an individual coverage basis if these employees are individually engaged in or are producing goods for interstate commerce.

⁶ 29 U.S.C. § 203(b) (1997).

⁷ Mitchell v. Pilgrim Holiness Church, Corporation, 210 F.2d 879 (7th Cir. 1954).

⁸ Mitchell v. Pilgrim Holiness Church, Corporation, 210 F.2d 879 (7th Cir. 1954). See also Tony & Susan Alamo Foundation v. Secretary of Labor, 471 U.S. 290, 105 S.Ct. 1953, 85 L.Ed.2d 278 (1985), where the United States Supreme Court determined that a nonprofit religious foundation that derived much of its income from the operation of service stations, retail clothing and grocery outlets, hog farms, roofing and electrical construction companies, a record keeping company, a motel, and companies engaged in the production and distribution of candy, fell subject to enterprise coverage. In Reich v. Shiloh True Light Church of Christ, 895 F. Supp. 799 (W.D.N.C. 1995), aff'd 85 F.3d 616 (1996), a federal district court held a church-run vocational training program that displaced adult workers and obtained benefits in the form of proceeds from the sale of the minor's work to be a commercial enterprise subject to FLSA coverage. In Dole v. Shenandoah Baptist Church, 899 F.2d 1389, (4th Cir.1990), cert. denied, 111 S.Ct. 131 (1990), a federal appeals court determined that a church-operated school constituted an "enterprise" engaged in commerce for the purpose of FLSA coverage. In McClure v. Salvation Army, 460 F.2d 553 (5th Cir. 1972) cert. denied, 409 U.S. 896 (1972), a federal appellate court held the Salvation Army to be a worldwide church, engaged in an "industry affecting commerce."

⁹ Joles v. Johnson County Youth Service Bureau, Inc., 885 F.Supp. 1169 (S.D.Ind. 1995) and Murray v. R.E.A.C.H. of Jackson County, Inc., 908 F. Supp. 337 (W.D.N.C. 1995). See also Brennan v. Harrison County, 505 F.2d 901 (5th Cir. 1975) and Wagner v. Salvation Army, 660 F. Supp. 466 (E.D. Tenn. 1986).

¹⁰ [6 Wages-Hours] Lab. Rel. Rep. (BNA) 99:1179, WH-293 , October 16, 1974.

¹¹ 29 U.S.C. § 203(e) (1997).

¹² 29 U.S.C. § 203(g) (1997).

¹³ Wage and Hour Division, U.S. Department of Labor, Employment Relationships Under the Fair Labor Standards Act (WH Pub 1297, 1985). This publication is for general information and is not to be considered to afford the same authority as statements of position contained in Interpretative Bulletins published in the Federal Register and the Code of Federal Regulations or in the official opinion letters of the Wage and Hour Administrator. But note, that this document has received mention in official opinion letters such as Opinion WH-282, a letter signed by Wage Hour Administrator Betty Southard Murphy, dated August 12, 1974, discussing city employees who devote off duty time to city sponsored recreation activities.

¹⁴ Tony and Susan Alamo Foundation v. Secretary of Labor, 471 U.S. 270, at 303, 105 S.Ct. 1953, 85 L.Ed.2d 278 n. 25 (1985), citing Wage and Hour Division, U.S. Department of Labor, Employment Relationships Under the Fair Labor Standards Act (WH Pub. 1297, 1985), p. 6.

¹⁵ 29 C.F.R. § 553.103 (1996).

¹⁶ 29 C.F.R. § 553.103 (1996).

¹⁷ 29 C.F.R. § 553.104 (1996).

¹⁸ Note that there is no provision, comparable to the one that describes a volunteer at a public agency, that allows the volunteer at a private nonprofit entity to receive any reasonable expenses, reimbursements, fees or awards.

¹⁹ [6 Wages-Hours] Lab. Rel. Rep. (BNA) 99:1226, WH-369 , December 3, 1975.

²⁰ [6 Wages-Hours] Lab. Rel. Rep. (BNA) 99:1226, WH-369 , December 3, 1975.

²¹ 29 C.F.R. § 553.106 (1996).

²² 29 C.F.R. § 553.106 (1996).

²³ 29 C.F.R. § 553.106(e) (1996).

²⁴ 29 C.F.R. § 553.106(f) (1996).

²⁵ 29 C.F.R. § 553.100 et seq. (1996). See also Lisa M. Milani, The Applicability of the Fair Labor Standards Act to Volunteer Workers at Nonprofit Organizations, 43 Washington & Lee Law Review, 223, 235-36 (1986).

²⁶ Williams v. Strickland, 87 F.3d 1064 (9th Cir. 1996).

²⁷ Tony & Susan Alamo Foundation v. Secretary of Labor, 471 U.S. 290, 302, 105 S.Ct. 1953, 1962, 85 L.Ed.2d 278 (1985), and Williams v. Strickland, 87 F.3d 1064, 1067 (9th Cir. 1996).

²⁸ Wage and Hour Division, U.S. Department of Labor, Employment Relationships Under the Fair Labor Standards Act (WH Pub 1297, 1985).

²⁹ 29 U.S.C. § 216 (1997).

³⁰ Ga. Code Ann. § 34-4-4 (1997).

³¹ 40 U.S.C. § 276(a) et seq. (1997).

³² The "prevailing wage" for any given locality in the United States is determined by the United States Department of Labor and varies by geographic region. Note that here, as with the federal Fair Labor Standards Act, it is not the intent or title of the worker but the nature of the work being performed that is the operative factor. The Act and related statutes also contain extensive recordkeeping, overtime and method of payment provisions.

³³ See John W. Warner, Congressional and Administrative Efforts to Modify or Eliminate the Davis-Bacon Act, 10 Western State Law Review 1 (Fall 1982).

³⁴ John W. Warner, Congressional and Administrative Efforts to Modify or Eliminate the Davis-Bacon Act, 10 Western State Law Review 1, 5 (Fall 1982), citing advice from U.S. Department of Labor officials and the Associated General Contractors of America, Davis-Bacon Handbook, p. 26.

³⁵ 29 C.F.R. ? 5.2(k) (1996).

³⁶ Re Aleutian Constructors (1991, WAB) CCH Wage-Hour Administrative Rulings ? 32153.

³⁷ 40 U.S.C. § 276a(b)(2)(B) (1997).

³⁸ 40 U.S.C. § 276d (1997).

³⁹ 40 U.S.C. § 276d-1 (1997).

⁴⁰ 40 U.S.C. § 276d-2 (1997).

⁴¹ 40 U.S.C. § 276d-3 (1997).

⁴² 25 U.S.C. § 450 et seq. (1997).

⁴³ 42 U.S. C. §§ 254b and 254c (1997).

⁴⁴ 25 U.S.C. § 1601 et seq. (1997).

⁴⁵ 42 U.S.C. § 5301 et seq. (1997).

⁴⁶ 40 U.S. C. § 276d-1 (1997).

⁴⁷ 40 U.S.C. § 276d-2 (1997).

⁴⁸ 42 U.S.C. § 8013 (1997).

⁴⁹ 42 U.S.C. § 12836 (1997).

⁵⁰ 12 U.S.C. § 1701q(j)(5)(B) (1997).

⁵¹ 42 U.S.C. § 1437j (1997).

⁵² 42 U.S.C. § 5310 (1997).

⁵³ 8 U.S.C. § 1324a (1997).

⁵⁴ 8 C.F.R. § 274a.1(c).

⁵⁵ 8 C.F.R. § 274a.1(f).

[Conclusion]