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What are the labor laws for volunteers? I worked a Blues…

What are the labor...

What are the labor laws for volunteers? I worked a Blues festival last Sunday and was promised a shirt, lunch, breaks and a ticket to the rest of the show that day. I was told I violated one of the rules. I was never given any rules. I was on time, I was put on the beach from 9:30am until 2:30pm. I was never told to take a break, never told to take a lunch and there was zero shade that day. It was 93 degrees when I couldn't take it anymore. I went to the boss and told him I was getting heat stroke if I stayed out there any longer. This was at 1;45. I q

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

CA

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I'm guessing at will

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Answered in 3 minutes by:
9/14/2017
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,213
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed California attorney with extensive labor law experience. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Unless the Blues Festival was a non-profit organized event, for California Labor Code purposes you are treated as an employee.

Therefore, depending on the number of hours worked, you are entitled to a lunch break, rest breaks and overtime. You are also entitled to receive minimum wage for the work performed. In addition, the failure to receive these benefits subjects the employer to waiting time penalties owed to you, as well as having to pay you for a full hour lunch break.

Here are some resources regarding your questions:

  • Click here to learn more about volunteers under the Fair Labor Standards Act.
  • Click here to learn more about meal breaks.
  • Click here to learn more about rest breaks.
  • Click here to learn about waiting time penalties.
  • Click here to learn about filing a wage claim against an employer.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 7 months ago
Can you refer me to a lawyer in the San Jose area?

Sorry, I am in the Southern California area and do not have any contacts in Northern California.

However, you may want to review the links I provided, especially the wage claim form and see if you are comfortable completing the process yourself. The process is designed for an individual to be able to complete on their own, without an attorney. This may help you save money on attorneys' fees, but only if you are comfortable handling the process on your own.

Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,213
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
Roy Hadavi and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 7 months ago
Thanks for your help. You were great.

You're very welcome. Good luck!
Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-royhadavi/ Or, simply request “Roy only” in the first line of your question.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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