News & Analysis as of

Fair Labor Standards Act (FLSA) Employer Liability Issues Volunteers

Pullman & Comley - Labor, Employment and...

The Newest Wage Hour Risk in Connecticut: Election Poll Workers

A new Connecticut law went into effect this year creating early voting procedures for the first time in Connecticut.  The law, Connecticut General Statutes § 9-163aa, provides that before each election, a period of early...more

Foley & Lardner LLP

Eleventh Circuit Finds Volunteer Golf Attendants Not Entitled to Compensation Under the FLSA

Foley & Lardner LLP on

On March 12, 2024, the U.S. Court of Appeals for the Eleventh Circuit (covering Alabama, Florida, and Georgia) affirmed the dismissal of a putative class action wage and hour lawsuit brought by three golf course attendants...more

Littler

Receipt of Perks Does Not Undermine “Volunteer” Status Under FLSA

Littler on

Taking a “commonsense” approach, the U.S. Court of Appeals for the Eleventh Circuit held that volunteers’ mere receipt of certain “perks” does not convert them to employees under the FLSA. In Adams v. Palm Beach County (11th...more

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

Jackson Walker on

The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more

Fisher Phillips

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

Fisher Phillips on

This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more

Fisher Phillips

Murder, Intrigue, And The FLSA: What Tiger King Can Teach You About Wage And Hour Compliance

Fisher Phillips on

As the COVID-19 pandemic swept over the world, an unlikely phenomenon swept the United States. While new terms like “social distancing” and “essential employees” suddenly became part of the common lexicon, a surprising phrase...more

Cozen O'Connor

HR Guide For Hurricane And Disaster Preparation - Preparing For The Worst: 2019

Cozen O'Connor on

It’s hurricane season, and companies all along the Gulf should have a plan in place not only to address business continuity issues, but also the human resources and staffing questions that arise in the event of a natural...more

Fisher Phillips

USDOL Opinion Letters Remind All That Nuances Matter

Fisher Phillips on

Despite most of the government being occupied with the "shutdown" dilemma, the unaffected USDOL has remained busy and gifted us with two opinion letters on Friday: an enlightening one regarding certain volunteers and a simple...more

Flaster Greenberg PC

Law @ Work Employer Newsletter - The Savvy Employer’s Guide to Legal Developments & Quirks that Affect the Workplace

Flaster Greenberg PC on

Welcome to the third edition of the Law @ Work Employer Newsletter. For those of you who read the Law @ Work blog, you know that the blog offers an in-depth analysis of important legal developments. This Newsletter fills in...more

Bricker Graydon LLP

Federal court expands use of volunteers under wage and hour law

Bricker Graydon LLP on

Recently, the Sixth Circuit Court of Appeals (which covers Ohio, Michigan, Kentucky and Tennessee) held that a church, which ran a for-profit restaurant, did not need to pay its volunteers under the Fair Labor Standards Act...more

BakerHostetler

Sixth Circuit Reverses FLSA Holding on Church Volunteers

BakerHostetler on

Ernest Angley is an evangelist and purported faith healer who operates a large church in Akron known as Grace Cathedral. It would be difficult to parody him, as his appearance, mannerisms and method of faith healing are...more

Bradley Arant Boult Cummings LLP

Update: Soup, Salvation and Overtime – Sixth Circuit Reverses $400,000 FLSA Verdict

Apparently if you are doing the Lord’s work and seek only treasures in heaven, the Fair Labor Standards Act will not guarantee that you receive an earthly reward as well. In a significant ruling that impacts religious...more

Verrill

Unpaid Labor: Focus Shifts from Hollywood to Baseball to Church

Verrill on

In the past we have focused a lot on volunteer labor. The fact that generally an individual cannot “volunteer” to work for a for-profit business. The days of unpaid internships where someone volunteers their time to gain...more

Seyfarth Shaw LLP

The Road To FLSA Litigation Is Often Paved With Good Intentions

Seyfarth Shaw LLP on

Even as FLSA litigation has surged to historic highs, it is rare to see a nefarious violation of the Act by a manager or supervisor. Far more prevalent, it seems, are stories of managers who, while intending to afford...more

Bradley Arant Boult Cummings LLP

The Department of Labor Wishes You a Happy New Year — and Implements Employer-Friendly Changes Regarding Interns and Volunteers

On January 5, 2018, the Department of Labor announced two employer-friendly changes applicable to interns and volunteers. Specifically, the DOL has adopted an employer-friendly approach to internships and has reinstated a...more

Smith Anderson

Hiring A Summer Intern? What You Should Know Regarding Pay

Smith Anderson on

As the summer work season approaches, employers should review whether any “interns” or “volunteers” in their workplaces are classified properly and are being compensated appropriately. Although unpaid internships are...more

Baker Donelson

Volunteers at For-Profit Companies: Bad Idea Even if for a Good Cause

Baker Donelson on

Fall is upon us and the holiday season will soon follow. Along with the joy of this special season often comes requests from civic groups to partner with for-profit companies for fundraising or other charitable purposes. For...more

Seyfarth Shaw LLP

MLB FanFest Volunteers Strike Out at Second Circuit Under FLSA’s Seasonal Amusement or Recreational Establishment Exemption.

Seyfarth Shaw LLP on

Last week, the Second Circuit affirmed a lower court decision in Chen v. Major League Baseball Properties, Inc., et al., holding that FanFest—a five-day interactive baseball theme park organized in conjunction with Major...more

Foley & Lardner LLP

Blocking the Finish Line: Does the FLSA Exemption for Amusement and Recreational Establishments Apply to Marathons?

Foley & Lardner LLP on

Several years ago, at one of the numerous race events that have become immensely popular in the last handful of years, a race “volunteer” provided a bike escort, so that the elite runners at a half-marathon race in St. Louis...more

Franczek P.C.

Is Your Volunteer Really an Employee? The Answer Might Surprise You [Part 2]

Franczek P.C. on

In our last post, we looked at the rules governing volunteers at for-profit entities. As we discussed, for-profit organizations have almost no latitude to accept volunteer services. However, nonprofit employers face a more...more

Franczek P.C.

Is Your Volunteer Really an Employee? The Answer Might Surprise You [Part 1]

Franczek P.C. on

Over the past year or so, we have discussed the Fair Labor Standards Act’s application to both paid interns and unpaid interns, as well as independent contractors. One area we have covered briefly in the past, but not...more

Foley & Lardner LLP

When It Comes to “Volunteer” Workers, No Good Deed Goes Unpunished

Foley & Lardner LLP on

It is that fun time for New Year’s resolutions. Right up there with promises to go to the gym and to try to get along with one’s in-laws, many will make plans to do more volunteer work in 2015. From an employer’s point of...more

Littler

West Virginia DOL Withdraws Proposed Emergency Wage and Hour Regulations

Littler on

In welcome news for employers, the West Virginia Department of Labor (WVDOL) has withdrawn a set of emergency regulations that would have significantly revamped state wage and hour requirements and created conflicts with...more

Fisher Phillips

When "Free" Is Too Good To Be True: Rethinking Interns And Volunteers Under Wage & Hour Laws

Fisher Phillips on

Educational institutions of all kinds often utilize the services of volunteers or so-called interns to assist with coaching sports or other extracurricular activities, and to participate in programs that are mutually...more

Orrick - Employment Law and Litigation

A 40 Hour per Week Volunteer? Second Circuit Says Yes

For forty hours, five days a week, for three years, Jayquan Brown provided services to New York City Department of Education’s Banana Kelly High School. Brown, who was a graduate of the school, was unable to secure a paid job...more

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