Employees volunteering in ministry can be a rewarding experience that fosters community and enhances the mission of the church. However, when it comes to balancing volunteer work and employment within the same organization, ministries must navigate legal guidelines carefully. Allowing an employee to volunteer can lead to compliance issues and potential legal ramifications. This blog explores the complexities surrounding employee volunteering in the workplace and provides best practices for staying compliant with labor laws.

Can you be a church employee and volunteer at the same time?

Can your organization consider an individual to be an employee and a volunteer at the same time? This is a very important topic, as many times in ministry we have individuals who wish to serve without the financial expectations of employment. However, the church carries the responsibility of compliance with legislative requirements. Misclassification of workers is NOT a new problem among our churches, and many may believe it’s not a problem at all.

According to the U.S. Department of Labor’s (DOL) Wage and Hour Division, employees cannot volunteer to do the same type of work as their normal job duties. This includes any time spent working for public or charitable purposes at the employer’s request or under their direction or control. These hours must be included in calculating the hours worked.

Under the FLSA, employees cannot volunteer their services to their employers in an area that is similar to that for which they are paid. 

The California Division of Labor Standards Enforcement (DLSE) issued some guidance for California employers in an opinion letter addressing whether workers for religious organizations are employees or volunteers. The DLSE took the position that “the intent of the parties is the controlling factor. If the person intends to volunteer his or her services for public service, religious, or humanitarian objectives, not as an employee and without contemplation of pay, the individual is not an employee….” The DLSE continued explaining that employees of the religious, charitable, or non-profit organization can donate services as a volunteer, but these services cannot be similar to the services they perform for renumerations. 

Allowing and even encouraging the volunteering of your employees is an excellent source of fellowship and a way to build community among your team, but ensuring this is done without violating the strict laws is of the utmost importance.

Distinguishing between employees and volunteers

There are specific definitions of volunteers and employees, and if a worker is paid money or receives a money equivalent in exchange for their services or labor, they are considered employees. This is true in both federal and California laws.

Definition of employee: SEC. 3. Section 3351 of the Labor Code, as amended by Section 33 of Chapter 38 of the Statutes of 2019, is amended to read: 3351. “Employee” means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes: …

Definition of volunteer: California Code, Labor Code – LAB § 1720.4 a) Any work performed by a volunteer. For purposes of this section, “volunteer” means an individual who performs work for civic, charitable, or humanitarian reasons for a public agency or corporation qualified under Section 501(c)(3) of the Internal Revenue Code  as a tax-exempt organization, without promise, expectation, or receipt of any compensation for work performed.

Guaranteeing an understanding of these definitions will help ensure that your organization is within compliance with all employees who volunteer in the workplace. This should be clear for all staff, including and especially for leadership approving volunteer roles.

Do’s and Don’ts: Ensuring Compliance and Avoiding Pitfalls

Many of the Do’s and Don’ts outlined below may seem apparent; however, clearly stating the expectations will help to avoid any confusion. Remember, volunteers are those who do not expect or receive compensation for their services.

Do:

1. Do have clear written communication; make sure your employees are aware of how to gain approval to volunteer outside of their employee role. Provide distinct roles for employment and volunteering.
2. Do require proper channels to be followed to gain approval and outline the rules and supervision associated with the volunteer role:
   • Having separate volunteer and employee policies with minimal overlap
   • Use volunteer release and waiver liability forms: sample attached
3.  Create a Volunteer Position description that states the worker expects no renumeration and acknowledges that the volunteer job is not closely related to other work the worker may be renumerated for. (Find a sample in the CHRN document library)

Don’t:

1. Don’t ignore off-the-clock service; this could result in very costly wages and hour claims.
2. Don’t coerce your employees to volunteer; strong-arming employees to work without pay is a claim waiting to happen.

Guidelines for Camp Counselors and Youth Staff

Camp counselors or youth staff, are often a big part of the conversation when it comes to employees volunteering their time at an overnight camp or conference. This brings up the question, Can my paid youth intern volunteer their time at camp? The short answer is NO. An employee can NOT volunteer in any role that is within their scope of “usual services that they provide to their employer as part of their job. Employees shall be paid for their hours worked in accordance with all legal requirements.  The summer camp time card (which can be found in the CHRN document library) can be utilized for accurate hours worked for all staff. 

Ensuring Compliance and Clarity: Managing Employee and Volunteer Roles

Navigating the distinction between employees and volunteers in a church  or a ministry setting is crucial for compliance with labor laws. The FLSA and California laws stipulate that employees cannot volunteer for their usual job duties, Understanding these regulations helps prevent misclassification and potential legal issues. Ensuring clear policies and separate roles for employees and volunteers can foster a positive and compliant workplace environment. 

Ensure your ministry’s volunteer policies are up-to-date and compliant with legal standards. Contact Church HR Network today at 888-807-2476 for expert guidance on managing employee and volunteer roles effectively. Let us help you navigate these complexities and support your ministry’s mission.

References

• FindLaw.com – California Code, Labor Code – LAB § 1720.4 – last updated January 01, 2023 | https://codes.findlaw.com/ca/labor-code/lab-sect-1720-4/
• https://www.dir.ca.gov/dlse/opinions/1988-10-27.pdf
• https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB5
• https://webapps.dol.gov/elaws/whd/flsa/docs/volunteers.asp