The U.S. Department of Labor (DOL) recently issued Opinion Letter US DOL FLSA2026-12, providing guidance on when employees of nonprofit organizations may volunteer for their employer without creating compensable work time under the Fair Labor Standards Act (FLSA). 

The opinion arose from a nonprofit service-dog organization that wanted to allow employees to raise and socialize puppies outside normal working hours. The DOL concluded that employees may volunteer for their nonprofit employer only if the services are provided voluntarily, without expectation of compensation, and are not the same as or similar to the duties the employee performs as part of their job. 

What Nonprofits Need to Know
The DOL emphasized that nonprofit employees cannot serve as both paid employees and unpaid volunteers while performing the same or similar services for the organization. Whether duties are “similar” depends on the employee’s actual job responsibilities and the nature of the volunteer work. 

In the opinion letter, the DOL concluded that veterinarians and supervisory directors could generally volunteer as puppy raisers because those activities differed from their regular duties. In contrast, service dog trainers generally could not volunteer for the same activities because training and socialization closely resembled the work they were already employed to perform. 

Exempt Employees Are Not Exempt from the Analysis
The DOL also rejected the notion that exempt employees may automatically volunteer for their employer. The same volunteer-service rules generally apply to exempt and nonexempt employees. However, if an exempt employee performs additional work that is deemed part of the employment relationship, the employee may remain exempt, provided the exemption requirements continue to be met and the employee’s primary duty remains exempt work.. 

Takeaways for Nonprofit Employers
Nonprofits should review employee volunteer programs to ensure:

• Participation is genuinely voluntary and free from employer pressure.
• Employees do not perform volunteer duties that substantially overlap with their regular job responsibilities.
• Volunteer service is not tied to compensation, promotions, evaluations, or other employment benefits.
• Volunteer programs are periodically reviewed for FLSA compliance. 

Bottom Line
Nonprofit organizations can continue to encourage employee volunteerism, but they should carefully distinguish volunteer activities from employees’ regular job duties. When the activities overlap, the DOL may treat the time as compensable work rather than volunteer service, potentially exposing the organization to wage-and-hour liability. Employers with employee volunteer programs should consult counsel to evaluate whether those programs comply with the FLSA and applicable state wage-and-hour laws.

If you have questions about structuring employee volunteer programs or complying with federal and state wage-and-hour laws, please contact Michael Crocenzi or any attorney in Barley Snyder’s Employment Practice Group.