1. Working With Volunteers November 4, 2015 Linda Pearce Edwards 900 Elmwood Ave., Suite 100, Columbia, SC 29201 P. 803.799.9311 F. 803.254.6951 www.gsblaw.net

2. FLSA Issues 29 C.F.R. § 553.100 et seq. An individual who performs hours of service for a public agency for civic, charitable, or humanitarian reasons without promise, expectation or receipt of compensation for services rendered is considered to be a volunteer during such hours.

3. Volunteers must be volunteers. Employees cannot “volunteer” to do work similar to the work they perform for compensation. –Can volunteer in other capacities, but be careful

4. You cannot require that an employee “volunteer.” Services must be offered freely and without pressure or coercion, direct or implied. –Cannot penalize someone who does not “volunteer”

5. Volunteers may be paid expenses, reasonable benefits, a nominal fee, or any combination thereof. –Nominal fee cannot be tied to productivity. –Can be paid per call or similar basis

6. If violate the pay provisions, the volunteer becomes an employee

7. Best Practices Recruiting –Be sure you have a clear understanding of the background and skills necessary –Application

8. Background check. Whatever you require of employees, you should require of volunteers –SLED –Sex Offender Registry –Driving Record –Credit Check

9. Orientation and Training –Organization and mission –Policies Health and safety –Training – same as employees

10. Scheduling –Attendance requirements Feedback and supervision