Asked to Volunteer for Free at Work or a Nonprofit? When Unpaid Volunteer Time Must Be Paid

Who Can Be a True Volunteer

The DOL guidance on non-profits explains that people may volunteer for public agencies and for religious, charitable, civic or humanitarian organizations when they act without any promise or expectation of pay. The rule for public agencies is in 29 CFR 553.101. A true volunteer serves out of civic or charitable motives, is not pressured, and is not replacing a paid worker.

A For-Profit Business Cannot Use Free Labor

The volunteer exception is built for public and charitable work. A company run for profit generally cannot take free labor from people who would otherwise be its employees. Being told to "volunteer" at a store, restaurant or office that sells goods or services for profit is a warning sign. The DOL coverage fact sheet shows how broadly the wage law reaches employers and workers.

Volunteering for Your Own Employer

A paid employee cannot be asked to volunteer to do the same kind of work for the same employer. A paid nurse cannot be asked to work extra unpaid shifts "as a volunteer" in the same unit, and a paid cook cannot be asked to staff the kitchen unpaid at the employer's charity event. The non-profit fact sheet treats that time as work.

When Volunteering Is Not Voluntary

• You were told you had to

  If the request is a requirement, or you fear losing hours, a promotion or your job if you say no, it is not voluntary.

• You get something of value

  Regular pay in another form, such as a stipend that works like wages, points toward an employment relationship rather than a gift of time.

• You do the organization's regular work

  Taking on the ordinary tasks that paid staff would otherwise do, on a set schedule, looks like a job.

• The group is run for profit

  A business that sells goods or services for profit generally cannot use volunteers in place of paid staff.

Why the Hours Matter

If the time is work, the same rules apply as for any shift. Hours count toward minimum wage and, past 40 in a week, toward overtime. An employer that also pays you for other hours cannot hide the extra time from your overtime calculation, as shown in our guide to off-the-clock work. Required events outside your shift are covered in our post on mandatory meetings and company events. Tryouts and unpaid internships follow related tests, see unpaid trial shifts and unpaid internships.

What To Do Now

Keep the message or email that asked you to volunteer, the schedule, and a note of each task and each hour. Write down who supervised you and whether paid staff did the same work. If the employer keeps no records, read our post on missing time records. You can raise the issue with the Wage and Hour Division complaint page, and how to recover unpaid wages explains the next steps. Retaliation for raising the issue is prohibited, and deadlines apply.

Free Case Review

If you were pushed to "volunteer" for work that looked like a job, our team can review your situation at no cost, if you are eligible.