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Replacing Volunteers with Paid Staff
Submitted on 5 September 2008 by Liz Mirzaian,
Glendale Adventist Medical Center,
Director of Volunteer Resources,
Glendale, CA USA
Volunteer relationships are defined by law, not by intent, wish, or desire. California law limits volunteers to non-profit organizations only. Volunteers may not do the same thing as employees. The US Department of Labor holds that if you have paid employees in the Gift Shop who perform the same job as your volunteers, you may not have volunteers. For example, if you cannot maintain volunteers during the evening or weekend hours to keep your Gift Shop open, you may not hire a paid employee to work those days/hours, you must be closed if you cannot staff it with volunteers. Otherwise, all of your volunteers are considered to be employees. It’s not a favorite opinion, but it’s the rule. The same thing applies to volunteers who perform the same duties as employees at the Information Desks.
Response from Susan Ellis:
Thank you for reminding us of the legal implications related to this topic. The problem is that nothing is clear-cut, even in California. First, I need to challenge the assertion that "volunteers are limited to non-profit organizations only," since even in California volunteers are deeply engaged in all sorts of government agencies (from schools to fire departments). In the same vein, for-profits also have "legal" volunteers, even if they refer to them as student interns. The important issue in your response is the phrase "perform the same job as." This phrase is very unclear as to what it means. It does not simply mean to "work in the same location as." It refers to activities performed and responsibilities held. So everything gets muddied when certain tasks overlap, but not the full job. It's always a matter of interpretation and the ability to articulate a defense of a position.
Also, it's important to note that the Department of Labor and Industry does not universally
prohibit having volunteers do work simply because "someone could be employed
in the same capacity." In fact, when it comes to public agencies, the
Department of Labor actually states
(http://www.dol.gov/dol/allcfr/Title_29/Part_553/29CFR553.104.htm):
"There are no limitations or restrictions imposed by the FLSA on the types
of services which private individuals may volunteer to perform for public
agencies."
Plus, there are unique issues in California! Just last week the following story hit the news – again. It revolves around the ruling forbidding conservation organizations from engaging volunteers on any public lands project. It's all based on labor union opposition. See the article at http://www.sacbee.com/110/story/1188226.html. I predict some strong fighting in your legislature.
All this confirms the point of my Hot Topic that we need to be discussing this. Thanks again for giving us more food for thought.
Submitted on 2 September 2008 by Denise Steffich,
United Hospital Center,
CDVS
Clarksburg, WV USA
Our admission desk volunteers were replaced early this summer with paid 'greeters' for the morning shift 6 a.m. - 2:30 p.m. We were having difficulty covering these early morning hours, especially during winter months. Originally the shift started at 8 a.m., but the department wanted it to be covered much earlier.
The volunteers that were serving that desk seemed to take it much better than volunteers that worked elsewhere in the hospital. Now, when the greeters are not readily available, these other volunteers complain about them. Even though we handled the actual department volunteers well (they were assimilated into other positions), we didn't see the hard feelings the volunteers from other departments would have. So if this happens in your facility, don't just address those it is happening to, but the whole volunteer membership so everyone understands and doesn't feel they will be next.
Submitted on 2 September 2008 by Becky Goodman,
Transitional Housing BARN, Inc
Community Resources Coordinator,
Bristow, VA USA
First, a volunteer should be notified as soon as possible. They must know that they are not being replaced, however the program or project has grown and you need to staff this department. From that point on you treat them as a staff person. Include the volunteer by asking them to write up a job description and possibly asking them to help train your new employee. There are many different volunteer positions. However, if this person was doing administrative work, ask them if they are interested in staying on as the assistant. You can not let a volunteer go without an exit interview, so if you are willing to let this person go, then be prepared to listen and thank them for all they have done for you.
Submitted on 2 September 2008 by Deirdre Araujo,
Exploratorium,
Manager Volunteer Services,
San Francisco, CA
I have these conversations periodically with staff supervisors, and usually have to review California labor law with them. Having volunteers in a gift shop became problematic a few years ago with a new labor law. Also, once a staff member has filled a formerly volunteer position, our union agreement precludes being able to return to the volunteer staffing option should the position come open again. For me, it rankles when the only issue is 'quality control'
Submitted on 1 September 2008 by H. Roberts,
PLNJ, Inc.,
Pres.,
Keyport/NJ USA
Susan knows her subject well! This month's hot topic examines an industry threshold, a clear line in the sand for every individual working in this profession.
If the inclusion of volunteers is removed from nonprofit organizations, there is no need to hire volunteer leadership. We might as well start job hunting.
It is not enough to remember how your agency began: with volunteer visionaries who saw a societal issue and took action with none of the trappings today's nonprofits enjoy. The time is now to revision your volunteer plan. To place the WORD volunteer in your mission statement. Here's an example: "Volunteers' demonstrate that our agency has a heartbeat."
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