After all this chat we’ve had about unpaid interns, I had to address one more thing.
What is the difference between unpaid interns and volunteers?
The short answer is that, if you run a for-profit business you cannot have volunteers. All of that unpaid intern chatter + restrictions apply to you. Volunteers exist in the non-profit world.
Non-profit folks keep reading…
Make sure you are clear on the following:
- The individual must volunteer for public service, humanitarian, or religious objectives of a religious, charitable or non-profit organization;
- Volunteers cannot displace employees;
- Because volunteers cannot displace employees, work is typically performed on a very part-time basis;
- And because some of ya’ll are slick, the Department of Labor and Federal Labor Standards Act says that, paid employees also cannot “volunteer” to perform duties that are the “same, similar or related to” the work they are already performing for pay. For example, if they work overtime, you have to pay accordingly. They can’t give you the same work for free.
And guess what?
Office support and administrative work does not meet the charitable-we-are-the-world-kumbaya muster.
Let me give a quick example.
You operate a program that mentors teen girls. You bring on volunteers. Those volunteers can perform duties such as chaperoning trips with the girls, tutoring them, and facilitating workshops for them. They cannot send email blasts for the organization, update databases, or manage the social media accounts. Why?
Because it is not work that directly contributes to the public service, humanitarian, or religious objectives of your organization.
If you missed the series from this week, thank goodness I’m still warm and fuzzy from the holiday. Here you go:
- How to Not Get Sued By Your Unpaid Interns + 6 Things You Must Know to Legally Hire Free Help.
- Even Employers Need Cheat Sheets, 7 Things to Include in Your Intern Agreements + C.Y.A.
- Interns Go Hard. Ask W Magazine, Atlantic Records + The New Yorker.
I’m ready for the weekend. Are you?
Great, practical information that demystifies the law for us non-attorneys. This blog has become one of my must reads every day! Keep up the good work!!!
No I am not ready for weekend now because now I am realizing I can’t have interns but need employees! Thanks LZ for keeping me up to date!