[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR553.101]

[Page 290]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 553_APPLICATION OF THE FAIR LABOR STANDARDS ACT TO EMPLOYEES OF 
STATE AND LOCAL GOVERNMENTS--Table of Contents
 
                          Subpart B_Volunteers
 
Sec. 553.101  ``Volunteer'' defined.

    (a) An individual who performs hours of service for a public agency 
for civic, charitable, or humanitarian reasons, without promise, 
expectation or receipt of compensation for services rendered, is 
considered to be a volunteer during such hours. Individuals performing 
hours of service for such a public agency will be considered volunteers 
for the time so spent and not subject to sections 6, 7, and 11 of the 
FLSA when such hours of service are performed in accord with sections 
3(e)(4) (A) and (B) of the FLSA and the guidelines in this subpart.
    (b) Congress did not intend to discourage or impede volunteer 
activities undertaken for civic, charitable, or humanitarian purposes, 
but expressed its wish to prevent any manipulation or abuse of minimum 
wage or overtime requirements through coercion or undue pressure upon 
individuals to ``volunteer'' their services.
    (c) Individuals shall be considered volunteers only where their 
services are offered freely and without pressure or coercion, direct or 
implied, from an employer.
    (d) An individual shall not be considered a volunteer if the 
individual is otherwise employed by the same public agency to perform 
the same type of services as those for which the individual proposes to 
volunteer.