Special Employment Considerations for Non-Profit Organizations

Non-profit organizations will run into many of the same employment issues as for profit organizations.  However, there is one issue that non-profits will encounter more frequently than its for profit brethren – Volunteers.

The payment of volunteers and interns is governed by the Fair Labor Standards Act.  The FLSA provides regulations governing who must be paid the federal minimum wage.  For a volunteer position to be exempt from the federal minimum wage and overtime requirements, the following six criteria must be met:

• The training must be similar to training that would be given in a vocational school or academic institution
• The training must be for the benefit of the student interns
• The student interns must not displace regular employees and must be closely supervised
• The employer must derive no immediate advantage from the activities of the student interns, and on occasion, the employer’s operations must actually be impeded by the internship
• The student interns are not necessarily entitled to a job at the conclusion of their internship
• The employer and the student interns understand that the student interns are not entitled to wages during the internship

If all 6 of the criteria are satisfied, then the volunteer/intern is exempt from application of the FLSA requirements and the employer would not be required by federal law to pay minimum wage. 

Note that if your non-profit organization is a charitable organization, the employment of volunteer interns without an expectation of compensation is generally acceptable. 

For more information about special employment issues that your non-profit organization may face, contact General Counsel, P.C.