Tuesday, December 11, 2018
Hey Fletch … I’m wondering if our non-exempt staff can put in extra hours during an emergency. Do they have to be paid for this? I found this online as it references “emergency relief capacity.”
If individuals volunteer to a private, not-for-profit organization, are they entitled to compensation?
Individuals who volunteer their services in an emergency relief capacity to private not-for-profit organizations for civic, religious or humanitarian objectives, without contemplation or receipt of compensation, are not considered employees due compensation under the Fair Labor Standards Act (FLSA). However, employees of such organizations may not volunteer to perform on an uncompensated basis the same services they are employed to perform.
I’m wondering if the same applies if in a regular everyday scenario where the employee just wants to work some more to complete their task without being on the clock.
DRF—The item that you cited applies to a person who volunteers to help a non-profit. It does not apply to employees of the non-profit organization. Employees in you church must be paid for the work that they do in their job description. An example of an exception can be if you have an employee who serves in hurricane relief. If this trip or work is outside of their normal job description, it might be done as a volunteer.