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Joseph
Joseph, Lawyer
Category: California Employment Law
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I am a volunteer coordinator for a not for profit in CA. AMong my many duties are Hr work

Resolved Question:

I am a volunteer coordinator for a not for profit in CA. AMong my many duties are Hr work with volutneers, supervision, mentoring, admin office tasks, responding to email, responding to phone calls and placing volunteers with appropriate clients.

I have had a volutneer do some of these tasks, none of the HR or supervisory tasks, when I'm on vacation. The volunteer will answer the phone, will answer email and will place volunteers with patients in need.

Am I violating the CA Labor Code with this practice?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

No, it is not a violation of California Labor law to perform tasks that an employee typically performs.
Customer: replied 4 years ago.
Joseph,

Thank you for your reply, but what is it based on? Our Hr department is convinecd that if a volunteer does ANYTHING that an employee does, we are in violation of the CA Labor Code...I'd need something other than this answer, siting a code etc that might help the HR department in doing some more research about this...

Thank you,
Susan
Expert:  Joseph replied 4 years ago.
Under the federal Fair Labor Standards Act, (FLSA) individuals that provide services without any expectation of compensation, and without any coercion or intimidation, as “volunteers” (non-employees).

As long as the volunteers do not expect any compensation for doing work that is typically done by employees, then no labor law is being violated.
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
Joseph,

In CA I understand the are regulations that go above and beyond the FLSA, and that is what my company is concerned about. There are many situations inCA where someone may not be expected to be compensated, but legally they should be. This is the terrotory my company wants to avoid...and why I mentioned the CA Labor Code earlier in my question.
Expert:  Joseph replied 4 years ago.
It is up to the Board of Directors of a company to determine whether someone working for a non-profit performing voluntary work with no expectaiton of compensation is a volunteer or an employee.

California Labor Code Section 3363.6 provides additional information regarding volunteer workers:

http://law.onecle.com/california/labor/3363.6.html

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