(a) Individuals who are not employed in any capacity by State or local government agencies often donate hours of service to a public agency for civic or humanitarian reasons. Such individuals are considered volunteers and not employees of such public agencies if their hours of service are provided with no promise expectation, or receipt of compensation for the services rendered, except for reimbursement for expenses, reasonable benefits, and nominal fees, or a combination thereof, as discussed in § 553.106. There are no limitations or restrictions imposed by the FLSA on the types of services which private individuals may volunteer to perform for public agencies.
(b) Examples of services which might be performed on a volunteer basis when so motivated include helping out in a sheltered workshop or providing personal services to the sick or the elderly in hospitals or nursing homes; assisting in a school library or cafeteria; or driving a school bus to carry a football team or band on a trip. Similarly, individuals may volunteer as firefighters or auxiliary police, or volunteer to perform such tasks as working with retarded or handicapped children or disadvantaged youth, helping in youth programs as camp counselors, soliciting contributions or participating in civic or charitable benefit programs and volunteering other services needed to carry out charitable or educational programs.
[52 FR 2032, Jan. 16, 1987; 52 FR 2648, Jan. 23, 1987]
Notes of Decisions
Brown v. New York City Dep't of Educ., 755 F.3d 154 (2d Cir. 2014).
“See 29 C.F.R. § 553.104 (a) (recognizing that FLSA places no limits on types of services that volunteer may perform for public agencies).”
Cleveland v. City of Elmendorf, 388 F.3d 522 (5th Cir. 2004).
“See 29 C.F.R. § 553.104 (b). This list includes auxiliary police, but the question of “volunteer” status still remains because auxiliary police are volunteers only “when so motivated”.”
Rodriguez v. Twp. of Holiday Lakes, 866 F. Supp. 1012 (S.D. Tex. 1994).
· cites it 2× “” 29 C.F.R. § 553.104 (b). The Defendants seem to interpret this language as requiring only that the organization for which one works have a civic or humanitarian purpose.”
Todaro v. Twp. of Union, 27 F. Supp. 2d 517 (D.N.J. 1998).
“29 C.F.R. § 553.104 . ANALYSIS OF PLAINTIFFS’ STATUS AS EMPLOYEES OR VOLUNTEERS A.”
Benshoff v. City of Virginia Beach, 9 F. Supp. 2d 610 (E.D. Va. 1998).
“at 1019 (quoting 29 C.F.R. 553.104(b)). 6 . For example, several DEMS documents, such as the DEMS Recruitment Handbook, refer to rescue squad workers as "VOLUNTEER RESCUE SQUAD MEMBER.”
Todaro v. Twp. of Union, 40 F. Supp. 2d 226 (D.N.J. 1999).
“104 (b) “clearly evidences an intent to limit that status [volunteer] to a common-sense understanding of individuals engaged in activities that all parties involved clearly understand to [be] performed on a volunteer basis.”). The regulatory definition does not require that the…”
McKay v. Miami-Dade Cnty. (S.D. Fla. 2020).
· cites it 4× “101 , which deals with the definition of volunteers generally, alongside 29 C.F.R. § 553.104 , which deals with private individuals who volunteer to serve public agencies.”
— 29 C.F.R. § 553.104(b) — 1 case
Benshoff v. City of Virginia Beach, 9 F. Supp. 2d 610 (E.D. Va. 1998).
“at 1019 (quoting 29 C.F.R. 553.104(b)). 6 . For example, several DEMS documents, such as the DEMS Recruitment Handbook, refer to rescue squad workers as "VOLUNTEER RESCUE SQUAD MEMBER.”
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