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by Bob Moore

Do you know the difference between volunteers and employees. Yes – employees get paid and volunteers do not – but there’s a lot more to it than that.
The Fair Labor Standards Act defines volunteers as “individuals who provide services without any expectation of compensation, and without any coercion or intimidation.” Like most laws, “gray areas” exist within this definition as well. What if a volunteer receives a small payment or something of value in exchange for volunteering? Does this make the volunteer an employee even if he or she didn’t expect to be paid? What about a volunteer who receives college credit for their work? What about the AmeriCorps program, where Corps members receive a stipend?
“Indirect” compensation – free parking, meals in the cafeteria (hospitals anyone?) – are types of benefits that the government does not count as “compensation” if it is provided more for the convenience of the non-profit than as payment for the volunteer. However, other types of indirect compensation – like free babysitting or fitness club membership at the local Boys/Girls Club or YMCA – has a real dollar value and might be considered more like compensation than as convenience.
Clear? As mud? What other questions can you ask that might help determine the difference between volunteer work and compensated work? Is the worker motivated by personal motives? – Is the work being done typically associated with volunteer work? – Is the work full-time? – How much control does the non-profit have over the volunteer? – Is the work schedule primarily arranged by the volunteer for their convenience or is the schedule more likely to be arranged by the organization to better meet their needs? If you compensate or reimburse your volunteers, you might want to dig deeper.
One thing all non-profits should be aware of: The U.S. Department of Labor takes the position that employees may not volunteer to do things for their employer that is the same as or similar to their normal job.
This post is by no means all-inclusive. It may even pose you with more questions than you had before reading it! I’ve been in this “business” for a while – as both a volunteer and managing a non-profit – and I can assure you that I’m not always clear. If you have personal experiences that you can share or additional information that you’ve gained over the year, please “blog-on” and share. Thanks for reading.

Bob Moore is Executive Director of the Friends of the Cobbossee Watershed in Augusta, Maine.

Guest Post by Carla Ganiel

Julie Mulkern sent me this Risk Management Quiz, along with a corresponding Answer Key, to include in her recent post, but I couldn’t figure out how to include Microsoft Word documents when publishing a blog post. Thanks to minds more tech-savvy than my own, I think I’ve got it figured out. Have a look at Julie’s resources and test your knowledge of risk management.

Carla Ganiel is a nonprofit management consultant from Tremont, Maine.

Guest Post by Julie D. Mulkern

Although not one of the more enjoyable aspects of our jobs, risk management should be a near-daily term in the management of volunteer programs. Though we may not always have a salient risk management “issue” at hand, it is crucial that we—as volunteer managers—keep our finger on the pulse of risk management for our organizations.

I have been managing volunteers for nearly 10 years in three different non-profits. Whether matching mentors with at-risk youth, recruiting volunteer drivers for cancer patients, or incorporating volunteers into a psychiatric setting, all of these scenarios required thoughtful risk management policies and procedures. As such, the topic has always been of keen interest to me.

Effective risk management begins when programs have good policies and procedures in place to clarify volunteer expectations and establish standards of behavior. Written policies are essential to eliminate risk, clarify rules and expectations, increase the effectiveness of programs, guide newcomers to the organization, provide standards of conduct, and delineate responsibilities and boundaries. Written policies create an equal playing field for all involved.

Volunteer programs should always develop written position descriptions for each volunteer role within the organization. Volunteers supplement, not supplant. Volunteer position descriptions should always be markedly different than employee position descriptions (i.e. Fair Labor Standards Act). In addition, the program should include a structured procedure for screening & selecting volunteers. Following your HR department’s procedures as closely as possible is a good rule of thumb. A volunteer is as valued as a staff person and should be screened and selected in the same manner.

Programs should also provide ongoing training for volunteer competence and supervision/evaluation to monitor performance; volunteers do appreciate it! On the back end, ensure a plan for improving performance and rewarding the work of both the volunteer and the program.

Below is a list of risk management NEED TO DOS and NICE TO DOS for your volunteer program. Some are not so apparent, so read on!

NEED to dos
• ALWAYS have the volunteer sign a confidentiality agreement (annually).
• ALWAYS follow the EOE and non-discrimination policy of your organization to commit to diversity in the volunteer workforce.
• ALWAYS seek signed consent from the volunteer to do a background check.
• ALWAYS check a volunteer’s criminal background and the sex offender registry (free) if he/she is working with children.
• ALWAYS create a position description for each position a volunteer holds in the organization.
• For every written policy, make sure you ALWAYS follow through with the procedure. If you say you do it, make sure you can prove that you do indeed do it.
• ALWAYS seek parental/guardian signature for volunteers under 18.
• Minors should ALWAYS be limited to the number of hours they volunteer weekly (i.e. Child Labor Laws).
• Make sure each volunteer understands your organization’s liability coverage. Volunteers must be on duty & acting in good faith in order to be covered.

NICE to dos
• Create a database for documenting all volunteers and their hours. Use this as a return on investment tool for your program (value of a volunteer hour = $18.77/hour).
• Provide a volunteer handbook to all volunteers in addition to the orientation materials.
• If you do not have the budget for criminal record checks, do all the background checks that are free of charge. You will often deter unwanted volunteers simply by asking “Have you ever been convicted of a crime?” directly on the application.
• Provide a mechanism by which volunteers are afforded the opportunity to provide feedback and evaluate the program & organization.

Remember, risk management should be a continual process within your program.

Julie D. Mulkern is the Manager of Volunteer Resources & Development at Spring Harbor Hospital, an inpatient psychiatric hospital in Westbrook, Maine. Julie can be reached at mulkej@springharbor.org or 207.761.2314.