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wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I am an occasional volunteer for Bingo games held every other

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I am an occasional volunteer for Bingo games held every other Sunday at the Senior Center in Carson City, NV. As of the first of the year, an employee of the Center is paid to handle & be the accountant of all the monies taken in during the bingo sessions. It is stipulated by the Center's Director - Janice, that a volunteer MUST be present with the employee at all times during the course of the session. My Question: If this is required, shouldn't the volunteer be compensated with some kind of monetary pay?

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

under the federal Fair Labor Standards Act, (FLSA) defines individuals that provide services without any expectation of compensation, and without any coercion or intimidation, as “volunteers” (non-employees)

wallstreetfighter :

the fact the center requires a volunteer to be present with the employee does not force them to pay the individual volunteer,

wallstreetfighter :

However, if other actions are present they can be made to pay the volunteer. Such factors are :

  • Is the worker motivated by a personal civic, humanitarian, charitable, religious or public-service motive?

  • Are the services performed typically associated with volunteer work?

  • Are the services provided different from those typically performed by paid workers and are the hours of service less than full time?

  • How much control does the nonprofit exert over the volunteer while she or he is performing services?

  • Does the volunteer typically arrange his or her own schedule to provide services when it is convenient for the volunteer?

To be sure whether or not the worker in question is really a volunteer, we encourage you to contact us [email protected] with details about how, if at all, you compensate or reimburse your volunteers.

wallstreetfighter :

The above are factors outlined by the Federal Labor Standards Act,

wallstreetfighter :

if as a volunteer, you are conducting duties that employees would perform, and they arrange your hours, you may be considered an employee and entitled to compensation

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter and other Employment Law Specialists are ready to help you

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