[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: 29CFR553.106]

[Page 291-292]
 
                             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. 553.106  Payment of expenses, benefits, or fees.

    (a) Volunteers may be paid expenses, reasonable benefits, a nominal 
fee, or any combination thereof, for their service without losing their 
status as volunteers.
    (b) An individual who performs hours of service as a volunteer for a 
public agency may receive payment for expenses without being deemed an 
employee for purposes of the FLSA. A

[[Page 292]]

school guard does not become an employee because he or she receives a 
uniform allowance, or reimbursement for reasonable cleaning expenses or 
for wear and tear on personal clothing worn while performing hours of 
volunteer service. (A uniform allowance must be reasonably limited to 
relieving the volunteer of the cost of providing or maintaining a 
required uniform from personal resources.) Such individuals would not 
lose their volunteer status because they are reimbursed for the 
approximate out-of-pocket expenses incurred incidental to providing 
volunteer services, for example, payment for the cost of meals and 
transportation expenses.
    (c) Individuals do not lose their status as volunteers because they 
are reimbursed for tuition, transportation and meal costs involved in 
their attending classes intended to teach them to perform efficiently 
the services they provide or will provide as volunteers. Likewise, the 
volunteer status of such individuals is not lost if they are provided 
books, supplies, or other materials essential to their volunteer 
training or reimbursement for the cost thereof.
    (d) Individuals do not lose their volunteer status if they are 
provided reasonable benefits by a public agency for whom they perform 
volunteer services. Benefits would be considered reasonable, for 
example, when they involve inclusion of individual volunteers in group 
insurance plans (such as liability, health, life, disability, workers' 
compensation) or pension plans or ``length of service'' awards, commonly 
or traditionally provided to volunteers of State and local government 
agencies, which meet the additional test in paragraph (f) of this 
section.
    (e) Individuals do not lose their volunteer status if they receive a 
nominal fee from a public agency. A nominal fee is not a substitute for 
compensation and must not be tied to productivity. However, this does 
not preclude the payment of a nominal amount on a ``per call'' or 
similar basis to volunteer firefighters. The following factors will be 
among those examined in determining whether a given amount is nominal: 
The distance traveled and the time and effort expended by the volunteer; 
whether the volunteer has agreed to be available around-the-clock or 
only during certain specified time periods; and whether the volunteer 
provides services as needed or throughout the year. An individual who 
volunteers to provide periodic services on a year-round basis may 
receive a nominal monthly or annual stipend or fee without losing 
volunteer status.
    (f) Whether the furnishing of expenses, benefits, or fees would 
result in individuals' losing their status as volunteers under the FLSA 
can only be determined by examining the total amount of payments made 
(expenses, benefits, fees) in the context of the economic realities of 
the particular situation.