Legal Liability in the Volunteer Workplace

Important things to consider when recruiting and working with volunteers...

General Considerations:

Liability can come from the volunteers themselves, from government organizations and from third parties.

When recruiting for a volunteer position, make sure to recruit for a volunteer and not an employee.

Volunteers cannot be paid. However, they can be offered uniform allowances, reimbursement for out-of-pocket expenses, classes and reasonable benefits. workers’ compensation also covers public sector volunteers.

Child labor laws do not specifically apply to volunteers. However, anyone under 18 years of age, who is not married, in the military or emancipated may only perform activities limited to age guidelines dictated by law.  Accepting volunteers under the age of 12 is generally not recommended unless a parent, guardian or legal custodian is present.

When a Pinellas County Employee Volunteers Within Pinellas County:

Under the Fair Labor Standards Act, issues can arise when a Pinellas County employee wishes to volunteer for the county.

The following parameters must be met:

• The volunteer activity or activities must be completely unrelated to current duties, or in a totally different agency of the employee volunteer.
• The employee volunteer must express a desire to volunteer.
• The employee volunteer cannot be assigned to volunteer.
• The employee volunteer activities must be during his/her off-duty hours.