[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: 29CFR553.103]

[Page 290-291]
 
                             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. 553.103  ``Same type of services'' defined.

    (a) The 1985 Amendments provide that employees may volunteer hours 
of service to their public employer or agency provided ``such services 
are not the same type of services which the individual is employed to 
perform for such public agency.'' Employees may volunteer their services 
in one capacity or another without contemplation of pay for services 
rendered. The phrase ``same type of services'' means similar or 
identical services. In general, the Administrator will consider, but not 
as the only criteria, the duties and other factors contained in the 
definitions of

[[Page 291]]

the 3-digit categories of occupations in the Dictionary of Occupational 
Titles in determining whether the volunteer activities constitute the 
``same type of services'' as the employment activities. Equally 
important in such a determination will be the consideration of all the 
facts and circumstances in a particular case, including whether the 
volunteer service is closely related to the actual duties performed by 
or responsibilities assigned to the employee.
    (b) An example of an individual performing services which constitute 
the ``same type of services'' is a nurse employed by a State hospital 
who proposes to volunteer to perform nursing services at a State-
operated health clinic which does not qualify as a separate public 
agency as discussed in Sec. 553.102. Similarly, a firefighter cannot 
volunteer as a firefighter for the same public agency.
    (c) Examples of volunteer services which do not constitute the 
``same type of services'' include: A city police officer who volunteers 
as a part-time referee in a basketball league sponsored by the city; an 
employee of the city parks department who serves as a volunteer city 
firefighter; and an office employee of a city hospital or other health 
care institution who volunteers to spend time with a disabled or elderly 
person in the same institution during off duty hours as an act of 
charity.