(a) 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. Individuals performing hours of service for such a public agency will be considered volunteers for the time so spent and not subject to sections 6, 7, and 11 of the FLSA when such hours of service are performed in accord with sections 3(e)(4) (A) and (B) of the FLSA and the guidelines in this subpart.
(b) Congress did not intend to discourage or impede volunteer activities undertaken for civic, charitable, or humanitarian purposes, but expressed its wish to prevent any manipulation or abuse of minimum wage or overtime requirements through coercion or undue pressure upon individuals to “volunteer” their services.
(c) Individuals shall be considered volunteers only where their services are offered freely and without pressure or coercion, direct or implied, from an employer.
(d) An individual shall not be considered a volunteer if the individual is otherwise employed by the same public agency to perform the same type of services as those for which the individual proposes to volunteer.
Notes of Decisions
Brown v. New York City Dep't of Educ., 755 F.3d 154 (2d Cir. 2014).
· cites it 10× “See 29 C.F.R. § 553.101 (a), (c), (d). 5 To clarify the definition further, an additional regulation explains that “Volunteers may be paid expenses, reasonable benefits, a nominal fee, or any combination thereof, for their service without losing their status as volunteers.”
Purdham v. Fairfax Cnty. Sch. Bd., 637 F.3d 421 (4th Cir. 2011).
· cites it 6× “” 29 C.F.R. § 553.101 (a). At the same time, “[volunteers may be paid expenses, reasonable benefits, a nominal fee, or any combination thereof, for their service without losing their status as volunteers.”
Cleveland v. City of Elmendorf, 388 F.3d 522 (5th Cir. 2004).
· cites it 5× “29 C.F.R. § 553.101 (a). The regulations provide examples of services which might be performed on a volunteer basis when so motivated.”
Krause v. Cherry Hill Fire Dist. 13, 969 F. Supp. 270 (D.N.J. 1997).
· cites it 6× “29 C.F.R. § 553.101 (a) (1996). This definition contains two requirements: (1) a civic, charitable, or humanitarian reason; and, (2) the absence of an expectation of, or actual compensation for services rendered.”
Benshoff v. City of Virginia Beach, 180 F.3d 136 (4th Cir. 1999).
· cites it 3× “” 29 C.F.R. § 553.101 (b). Accordingly, “[i]ndividuals shall be considered volunteers only where their services are offered freely and without coercion, direct or implied, from an employer.”
Rodriguez v. Twp. of Holiday Lakes, 866 F. Supp. 1012 (S.D. Tex. 1994).
· cites it 5× “Plaintiffs claim of “coercion” is unsupported by even the slimmest thread of evidence and is a bald attempt to bring him under the coercion exception to volunteer exemption stated in 29 C.F.R. § 553.101 (e). That section states that “[individuals shall be considered volunteers…”
Acosta v. Paragon Contractors Corp., 884 F.3d 1225 (10th Cir. 2018).
“4 The Department of Labor cites 29 C.F.R. § 553.101 , which defines the term "volunteer" as it is used in another statutory exception, 29 U.”
Todaro v. Twp. of Union, 40 F. Supp. 2d 226 (D.N.J. 1999).
· cites it 6× “” 29 C.F.R. § 553.101 (a) (1998). 2 A volunteer’s services must be “offered freely and without pressure or coercion, direct or implied, from an employer.”
Benshoff v. City of Virginia Beach, 9 F. Supp. 2d 610 (E.D. Va. 1998).
· cites it 5× “” 29 C.F.R. § 553.101 (b). III. Burden of Proof The parties disagree on which side has the burden of proof in this ease.”
Holzapfel v. Town of Newburgh, New York, 950 F. Supp. 1267 (S.D.N.Y. 1997).
· cites it 2× “” 29 C.F.R. § 553.101 (a). According to the Administrator, "[a]n individual shall not be considered a volunteer if the individual is otherwise employed by the same public agency to perform the same type of services as those for which the individual proposes to volunteer.”
David Adams v. Palm Beach Cnty., 94 F.4th 1334 (11th Cir. 2024).
· cites it 3× “” 29 C.F.R. § 553.101 (a). An indi- vidual need “only be motivated in part” by civic or charitable rea- sons to qualify as a volunteer.”
— 29 C.F.R. § 553.101(c) — 1 case
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