It is important for employers to remember that simply labeling work as “volunteer work” does not make it so. There are three specific requirements that must be met before the work can be considered true “volunteer work.” If the three requirements are not met, the non-exempt employee’s “volunteer hours” will be counted as work hours and require the employer to provide additional compensation. In such cases, the employer may be subject to significant liability for back wages and overtime, liquidated damages, attorneys’s fees, etc. Likewise, if the three requirements are not met for exempt employees, the “volunteer hours” will simply be counted as hours worked as long as the exempt employee meets all the other requirements for exemption.
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