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Gift Shop Volunteers

  • Wednesday, May 29, 2024 4:18 PM
    Message # 13363290
    Anonymous
    Hello friends! Our legal team is reading the Fair Labor Standards Act very conservatively and saying we cannot have volunteers in our gift shop because volunteers generally cannot volunteer in "commercial activities run by a non-profit organization such as a gift shop". Have you all run in to this with your legal? I'm very disappointed in their decision and trying to find a legal way around it. 
  • Thursday, May 30, 2024 12:53 PM
    Reply # 13363679 on 13363290
    Who/what profits from gift shop sales? The nonprofit hospital or an auxiliary group?
    Last modified: Thursday, May 30, 2024 12:54 PM | Jill Cofer
  • Thursday, May 30, 2024 2:49 PM
    Reply # 13363747 on 13363290
    Anonymous

    Our hospital, which is non-profit. So basically every hospital that has gift shop volunteers is breaking the law, is what our Legal said :(

  • Friday, May 31, 2024 11:11 AM
    Reply # 13364146 on 13363290

    You're in a tough spot between your organization's lawyers and the 100s (1000s?) of hospitals that have volunteers in the gift shop. The first hit when I searched for the info below was Duke University advertising for volunteers for their gift shop. It's hard to believe that all these nationally known hospitals are blatantly breaking the law. Anyway, this quote is from the Dept. of Labor page at the bottom.

    " A volunteer generally will not be considered an employee for FLSA purposes if the individual volunteers freely for public service, religious or humanitarian objectives, and without contemplation or receipt of compensation. Typically, such volunteers serve on a part-time basis and do not displace regular employed workers or perform work that would otherwise be performed by regular employees."

    https://www.dol.gov/agencies/whd/fact-sheets/14a-flsa-non-profits

    Good luck!

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