Employment Law Update: What Nonprofit Employers Should Know About Employee Volunteers
Date: October 14, 2026
Last month, the U.S. Department of Labor (“DOL”) addressed whether exempt employees of a private, nonprofit organization that breeds and trains service dogs could volunteer outside their normal work hours to perform juvenile canine socialization services for their employer. The DOL concluded that employees could perform those services for the organization, provided that certain requirements are met.
The Fair Labor Standards Act (“FLSA”) permits individuals employed by public agencies to provide volunteer services for their employer without compensation, so long as the volunteer services are: (1) done freely without coercion; (2) done without contemplation of pay; and (3) not the same type of services that the individual is employed to perform. The FLSA does not expressly extend this rule beyond public agencies; however, the DOL has consistently applied the rule to private, nonprofit organizations as well, where employees often volunteer their services for charitable, civic, or humanitarian purposes.
The key factor in this analysis is the “same type of services,” which means “similar or identical services.” The DOL acknowledged that juvenile canine socialization services involve routine care and training. Individuals employed as trainers whose regular duties include training, caring for, or socializing dogs would likely perform the same or similar services as volunteers. Therefore, the DOL concluded that those employees could not perform juvenile canine socialization services in a volunteer capacity. On the other hand, veterinarian employees presumably provide medical care to dogs, rather than training or socializing them, making their work sufficiently distinct to allow them to volunteer. The DOL reached this latter conclusion for directors as well, given that they supervise staff, but do not work directly with the dogs.
The applicable analysis is the same whether an employee is classified as non-exempt (entitled to overtime pay for all hours worked over forty hours in a given workweek) or exempt (not entitled to overtime pay). Where the volunteer test is met, the volunteer time does not count as “hours worked” and does not impact an employee’s exempt status. For non-exempt employees, allowing volunteer activities that are the same or similar to regular job duties may trigger overtime obligations and liability for unpaid straight-time wages. For exempt employees, assuming their position continues to satisfy the applicable exemption requirements, their salary will generally cover the extra time, and no additional compensation will be due.
The DOL closed by advising nonprofits to use caution before treating their own employees as volunteers, because getting it wrong may expose employers to significant liability, including unpaid back wages and liquidated damages, and potentially more significant recoveries under applicable state law. Because the opinion is limited to the facts the organization described, employers should review their own roles and volunteer programs carefully. If you need assistance, please contact a member of Whiteford’s Labor and Employment team.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.