Putnam Barber said on ARNOVA-L (see http://www.arnova.org) on 21 Aug 
1996: 
 
The Fair Labor Standards Act and related state statutes place serious 
restrictions on complex relations like the ones you describe and include 
serious penalties which may arise out of innocent-seeming arrangements. 
 
 Careful consultation with an experienced attorney might produce 
guidelines, procedures, job descriptions and template employment 
agreements which could regularize the sorts of arrangements you describe. 
Unfortunately, it is likely that the casual relationships among staff and 
volunteers, and the crossings back and forth from one status to the other, 
which seem to be working so well for you now will be necessarily more 
cumbersome and technical once these elements of a personnel plan are in 
place.  But the protections included in the Fair Labor Standards Act and 
related legislation are an important part of the protections afforded to 
working people and should not be slighted. 
 
 As far as I know, there are no blanket distinctions between for-profits 
and not-for-profits in the application of these laws, though obviously 
volunteers are more likely to be found in not-for-profit settings. 
 
 The association of Nonprofits for your state may have information that you 
would 
find useful.  Their addresses are listed in the 
"List of Organizations" section of the 
NONPROFIT FAQ at http://www.nonprofits.org/npofaq/12/01.html (for A through M) and http://www.nonprofits.org/npofaq/12/02.html (for N through Z). 
 
 
  
 
Posted 2/25/97; reposted 4/7/05 -- PB 
 
 
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