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

Introduction

Volunteers are a treasure! For little to no reward other than the satisfaction of contributing, volunteers will dig in and perform tasks that even the highest paid employee would choose to avoid. Yet, despite the inestimable value of volunteers, laws exist that can make volunteer service a maze of legal obstacles. Some laws restrict volunteer activity. Others affect the form of compensation volunteers may receive. Some statutes even prohibit the use of volunteers for particular forms of labor!

Although this legal conundrum seems both ridiculous and frustrating, be assured that it exists for a generally good purpose. Laws that limit or prohibit volunteer service are designed to protect both volunteers and employee members of the labor force. These legal barriers attempt to prevent disreputable employers from taking advantage of free labor in a manner that could exploit the volunteer or displace a paid employee.

This booklet is designed to help the administrators of community-serving agencies negotiate the legal maze of volunteer service. To do so, these materials are intended to help nonprofit organizations become aware of the existence of laws that may affect their volunteer staff and to guide these organizations away from activities that could amount to an unintentional violation of state or federal law. In addition, the information here may help to educate those who can effect changes in the laws that inappropriately limit the use of volunteers.

Although the authors of this text have attempted to offer as thorough and accurate a presentation as possible, readers should understand that this booklet cannot provide exhaustive or definitive answers for many of the questions it addresses. The law simply does not permit such certainty. Those that refer to this text should consult legal counsel for opinions regarding specific circumstances. This booklet may help provide background information and focus the inquiry for the purpose of these discussions.

Although the authors of this text have attempted to offer as thorough and accurate a presentation as possible, readers should understand that this booklet cannot provide exhaustive or definitive answers for many of the questions it addresses. The law simply does not permit such certainty. Those that refer to this text should consult legal counsel for opinions regarding specific circumstances. This booklet may help provide background information and focus the inquiry for the purpose of these discussions.

The advice of many who administer service organizations, as well as of those who apply the laws, have helped to make these materials as accurate as possible. Since the law is constantly in a state of flux and since officials in different localities may choose to apply the same laws differently, readers are invited to contact the publisher when and if their experiences differ from those detailed in this booklet. Similarly, readers who spot an error or omission, and those who have ideas for operating in ways that could minimize the negative effects of any law on volunteer service should notify the Nonprofit Risk Management Center or the Corporation for National Service. The collective efforts of all will help to create a map that indicates the best path to safe, satisfying and legal volunteer service.

[Acknowledgments]

["Employee" or "Volunteer?"]