[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR553.106]



[Page 242]

 

                             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 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.



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