Q. We are a for-profit health care facility licensed by the state of Texas. Can we use volunteers to perform services at our facility without compensation? For example, the wife of one of our clients wants to volunteer her services in exchange for us waiving the daily-use fee we charge her husband. Are these volunteer services exempt from the wage-and-hour requirements of the Fair Labor Standards Act (
A. No. Her services would not be considered “volunteer” services and would be compensable under the FLSA. Volunteers may provide services that are exempt from the FLSA’s minimum wage/maximum hour requirements for civic, religious, charitable or humanitarian reasons. The services that a volunteer performs must not replace or impair employment opportunities of others by performing work that would otherwise be performed by regular employees. Moreover, the services must be provided without contemplation of pay, future employment or any other tangible benefit.
Under these facts, the U.S. Department of Labor would not consider the spouse’s services as volunteer services or exempt from the FLSA. Although the spouse’s motives might be altruistic, her primary motivation is to permit her husband to attend the facility without paying the daily-use fee. As such, her services constitute “work” and are not exempt from the FLSA.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/5476/volunteer-services-and-flsa-compliance "
- With DLSE enforcement up, get your pay practices in order
- Expect new rules on who's exempt; possible changes to comp-time law
- Family members work side by side at Illinois firm
- Worker fired for lack of wheels is eligible for unemployment
- Provide wage statements to all employees--even if they can't give a Social Security number