KemLaw

Did you know that government agencies are cracking down on the use of interns and volunteers in “for-profit” organizations and attorneys for employees are bringing more and more claims against employers who fail to treat volunteers appropriately under wage payment laws?

Yes – even volunteers.

Though volunteering feels like it should be an appropriate activity to allow – Connecticut law doesn’t actually recognize volunteering at for-profit businesses. It doesn’t matter whether a person agrees to volunteer or not – it’s simply not allowed.

Interestingly – non-profits and government agencies are viewed more leniently in these matters. However, non-profits and government agencies are still required to follow wage-and-hour laws when an individual is engaged in the organization’s regular activities and does so with an expectation of compensation.

So here are key facts you need to know:

• If you run a for-profit enterprise – the government simply will not recognize any person as a volunteer. Anyone working for you is entitled to compensation in accordance with all applicable wage-and-hour laws. If caught and challenged for using volunteers – penalties from the courts and government agencies can be quite high.
• If a “volunteer” were ever injured on the job – you would likely not have appropriate coverage for them under your workers’ compensation insurance policy if they made a claim for such benefits because you would not have paid premiums to obtain such coverage for them as you would have for your employees. t Again – a potentially costly problem.

What steps should you take to avoid problems?

• Know the law.
• Never assume you can “sneak under the radar” and use volunteers in the belief that a volunteer would never report you or complain.
• Be prepared to say no to volunteer offers and instead consider steering these individuals to appropriate non-profits that may need support.
• Remember – even “partial” compensation of a “volunteer” may unintentionally trigger other costly obligations.

If you have questions about interns or volunteers and want to avoid legal issues, talk to a well trained Connecticut employment lawyer. The attorneys at Kainen, Escalera & McHale each have over 20 years of experience in these employment matters and would be pleased to help you. Please contact us if we can help.

The information provided above is made available by Kainen, Escalera & McHale, P.C. for educational purposes only. It is not intended to provide specific legal advice to your individual circumstances or legal questions. You acknowledge that neither your reading of, nor posting on, this site establishes an attorney-client relationship between you and our law firm, or any of the attorneys in our firm. This information should not be used as a substitute for seeking competent legal advice from a licensed professional attorney in your state nor is it provided for the specific purpose of soliciting your business on any particular matter. Readers of this information should not act upon anything communicated in it without seeking professional counsel.