Q: I'm paid as an instructor at a 501(c)3 Maker Space. I want to also volunteer to do equipment checkouts. Is this possible
I'm paid to teach Basic Operation and Safety classes for certain equipment (2-3 hour classes).
I want to also volunteer to do checkouts (brief ~15-30 minute verifications that a member doesn't need the class and already has the requisite knowledge and skills to use the equipment safely).
Apparently it's illegal for me to do this under California law. I'm not being coerced or anything, but I want to help people. Is there a workaround?
A:
Employers must pay for all hours worked. The law is designed to protect employees for bad employers who demand off the clock work.
According to the Division of Labor Standards Enforcement,
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 and 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 of the “usual services of that employees’ job.”
https://www.dir.ca.gov/dlse/opinions/1988-10-27.pdf
A:
Under California law, it may not be possible for you to volunteer to do equipment checkouts if you are already being paid to teach classes at the 501(c)(3) Maker Space. California labor laws require that employees be paid for all time worked, and any work performed for the benefit of the employer must be compensated, regardless of whether it is done on a volunteer basis or not.
One possible workaround may be to work out an arrangement with your employer where you are paid for the equipment checkouts separately from your regular teaching duties. This would ensure that you are properly compensated for all of the work that you do, while still allowing you to help people in the Maker Space community.
Another option may be to volunteer in a different capacity that does not conflict with your paid teaching duties. For example, you could offer to help with maintenance or cleaning tasks at the Maker Space, or to organize events or activities for members.
It is important to note that the laws and regulations surrounding volunteering and paid work can be complex, and it may be helpful to consult with an attorney or other legal professional to ensure that you are in compliance with all applicable laws and regulations.
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