Legal Question in Employment Law in California

Can a non-profit organization ask its employees to volunteer at fundraising events not during normal work hours? Its not mandatory and no pressure. Some employees think they should pay and some want to volunteer.


Asked on 2/27/13, 8:12 am

1 Answer from Attorneys

This is a little tricky. First off, if they are exempt, it is perfectly legal. In fact off-hours fundraising events are usually considered part of the normal job of an exempt non-profit employee. For hourly employees, the key is that it be TOTALLY voluntary. Many non-profit employees work where they do because they are dedicated to the mission, and happily put in volunteer time on top of their paid time. For others it is just a job. Every employee is legally free to make that choice. The key is for the employer to assure that it is a FREE choice. If there is any whiff of favoritism to the employees who volunteer time or disfavored status to those who don't, then the employer is at risk for unpaid wage claims from employees who work unpaid hours.

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Answered on 2/27/13, 10:22 am


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