Disclaimer: This content provides general information and shouldn’t be taken as legal advice. Organizations should work with legal experts to make sure they’re following labor laws correctly.
Volunteers keep many nonprofits running. Their dedication expands the reach of organizations in ways that paid staff alone couldn’t achieve. But while they play an important role, they should never replace paid employees. Keeping that line clear isn’t just ethical—it’s legally necessary.
what’s on the books?
The Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) and Department of Labor regulations set clear guidelines on the use of volunteers. Failing to abide by these rules can result in legal repercussions for nonprofit organizations, including wage disputes and potential lawsuits. To ensure compliance and avoid legal pitfalls, nonprofits must adhere to key provisions.
Volunteers Must Serve Without Expectation of Compensation
Under the FLSA, individuals who volunteer for charitable, religious, or humanitarian purposes must not receive compensation. They may, however, receive reimbursement for expenses, uniforms, or reasonable benefits.
Volunteers Cannot Displace Paid Employees
Nonprofits cannot use volunteers to fill roles typically performed by paid staff. This includes routine operational work essential to the organization’s function.
Employees Cannot Volunteer for Their Own Organization in a Similar Role
Paid staff may not “volunteer” for the same type of work they are employed to perform, even outside regular working hours.
Volunteer Work Must Be Truly Voluntary
If an individual feels coerced into volunteering—whether explicitly or implicitly—it may be classified as compensable work under the law.
Nonprofits May Offer Nominal Payments
While volunteers cannot receive wages, they may receive small stipends, such as a meal allowance or transportation reimbursement, as long as these payments remain nominal and do not resemble a salary.
The Easy Stuff vs. The Hard Stuff
Defining Volunteer Roles
The legal guidelines above outline what nonprofits must do to stay compliant, but how do organizations put these principles into action? The answer lies in how volunteer roles are structured. Some volunteer roles are clear-cut and low risk. Others require careful structuring to avoid compliance issues. Making this distinction helps nonprofits operate ethically, protect employment opportunities, and stay within legal guidelines. Understanding this distinction helps nonprofits maintain ethical integrity, protect employment opportunities, and ensure that volunteer roles remain legally sound.
Not all volunteer roles carry the same level of legal and ethical complexity. Some positions are widely accepted as standard volunteer roles, while others require careful structuring to avoid potential legal issues.
the easy stuff
Established and Low-Risk Volunteer Roles
Some volunteer roles have been well-integrated into nonprofits for decades and are generally seen as safe, ethical, and legally appropriate. These roles typically involve public engagement, direct service, or community support. Examples include:
- Soup kitchen servers assisting in meal preparation and distribution.
- Volunteer docents leading tours at museums or historical sites.
- Mentors offering guidance and support in youth programs.
- Event volunteers helping with logistics, guest services, and setup.
- Park and community clean-up crews maintaining public spaces.
These positions do not replace essential paid staff and instead provide added support, ensuring that the nonprofit’s services reach more people without cutting employment opportunities. These roles are also widely accepted as volunteer-specific roles.
the hard stuff
Non-Traditional and Supplemental Volunteer Roles
Many nonprofits focus on traditional volunteer roles, but what about organizations without food pantries, mentoring programs, or direct service initiatives? Many nonprofits working in advocacy, community engagement, and operations struggle to identify where volunteers fit in. The key lies in supplementing existing staff roles without replacing them, unlocking volunteer contributions in administration, content creation, and capacity-building support.
Organizations often overlook skilled volunteers who can help with vital behind-the-scenes work, reducing strain on paid staff and allowing them to focus on high-impact initiatives.
- Assist with administrative tasks such as data entry, database management, organizing records, or streamlining internal processes to improve efficiency.
- Support digital communications by creating social media content, drafting blog posts, designing newsletters, or managing website updates to amplify outreach efforts.
- Help with donor and community engagement by organizing outreach materials, assisting in event planning, or researching potential grant opportunities.
- Contribute to research efforts by compiling data, summarizing reports, or supporting program evaluations to provide insights for decision-making.
- Provide creative services such as graphic design, video editing, or writing copy for campaigns to enhance branding and messaging.
These roles, though crucial, require careful structuring to remain legally compliant and ensure they supplement rather than replace paid staff.
How to Structure These Roles to Help to Avoid Issues
To effectively integrate volunteers in these non-traditional roles, nonprofits must take additional precautions to ensure compliance and avoid misclassification. Here’s how:
- Structure volunteer roles to be project-based rather than ongoing, full-time commitments that mimic employment.
- Use flexible scheduling rather than set work hours, allowing volunteers to contribute at their convenience rather than as part of daily operations.
- Ensure clear role definitions that distinguish volunteer tasks from employee responsibilities.
- Maintain proper documentation, including agreements that outline the expectations and limitations of volunteer involvement.
- Encourage collaboration between volunteers and staff, ensuring that volunteers enhance—rather than take over—critical nonprofit functions.
By thoughtfully designing these roles, nonprofits can maximize volunteer contributions while staying legally and ethically compliant.
Considering your entire team
Protecting Volunteers and Paid Employees
A well-run nonprofit ensures that volunteer work is supplemental, not foundational to the organization’s operations. While volunteers can provide additional support, enhance services, and extend outreach, their presence should not eliminate or reduce employment opportunities for paid staff.
For example:
- A volunteer docent at a museum guiding tours is acceptable, but a museum using volunteers to replace paid curators would not be.
- A volunteer assisting with administrative work on occasion is appropriate, but having volunteers run entire departments that should be staffed by professionals is problematic.
- A volunteer offering mentorship to students can be valuable, but a school using volunteers as unpaid teachers raises legal and ethical concerns.
Misclassifying volunteers as employees can also create legal liability for organizations. There are cases where courts have determined that volunteers, especially when given preferential hiring or required to participate in unpaid training programs, may be entitled to employment protections. This means nonprofits could be held responsible for issues like wage violations or workplace discrimination claims.
Additionally, nonprofits should be aware that certain volunteer roles require safeguards, such as background checks and training, particularly when working with vulnerable populations. A structured volunteer program prevents legal risks and improves efficiency. Volunteers should be scheduled flexibly—not like employees. Some nonprofits use tiered volunteer programs, where volunteers assist paid staff under supervision, ensuring compliance while making the most of their contributions.
easing worries
Understanding Paid Staff Concerns
While volunteers provide essential support to nonprofits, their presence can sometimes create concerns among paid staff. Employees may worry about job security, professional devaluation, or the long-term sustainability of their positions when volunteer labor is heavily integrated into an organization. Research indicates that:
Job Security Fears
Some employees may perceive volunteers as a potential replacement for paid roles, particularly in organizations facing financial constraints. Studies have shown that, in some cases, tasks historically performed by employees have been shifted to volunteers, leading to anxiety among staff.
Blurring of Roles
The interchangeability of volunteers and staff can cause confusion within an organization, affecting workflow, team dynamics, and accountability.
Workplace Morale
If employees feel that their jobs are at risk or that volunteers are assuming responsibilities without adequate oversight, it can lead to diminished morale and job satisfaction.
Legal and Ethical Implications
When organizations over-rely on volunteers, they risk potential legal issues if volunteers begin performing essential duties meant for paid employees.
Addressing these concerns means fostering a culture where volunteers and employees work collaboratively, ensuring that each role is well-defined and that staff members feel secure in their employment. Open communication, transparency about job roles, and a strong organizational commitment to paid employment can help maintain a balanced and positive work environment.
take action now
Adding Members to Your Happy Family
If you’re hesitant about incorporating volunteers because you’re worried about doing it the wrong way, take a step back—you’re likely already approaching it with the right mindset. Most nonprofits naturally create volunteer opportunities that are meaningful, ethical, and aligned with their mission. The key is to stay informed and intentional about structuring volunteer roles. Being aware of labor laws, setting clear boundaries between staff and volunteers, and fostering collaboration will help ensure your volunteer program is both effective and legally sound.
If you’re unsure how to stay on top of volunteer-related regulations, consider setting up a Google Alert for terms like “volunteer labor laws” or “nonprofit employment regulations.” It’s also helpful to periodically review guidance from the Department of Labor or consult legal professionals when making significant changes to your volunteer program. Small adjustments—like refining volunteer job descriptions or checking in with staff about how volunteers are integrated—can go a long way toward preventing issues before they arise. By staying proactive, you can create an environment where both volunteers and paid staff feel valued, empowered, and aligned with your organization’s mission.
Keep in Mind:
Define Clear Volunteer Roles
Structuring roles to support, not replace, paid staff is key to compliance and sustainability.
Recognize and Appreciate Volunteers
Ensuring volunteers feel valued encourages long-term engagement and advocacy.
Integrate Paid Employees and Volunteers for a Happy Team
Fostering collaboration between staff and volunteers strengthens organizational culture.