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!
