(a) An individual who performs hours of service for a public agency
for civic, charitable, or humanitarian reasons, without promise,
expectation or receipt of compensation for services rendered, is
considered to be a volunteer during such hours. Individuals performing
hours of service for such a public agency will be considered volunteers
for the time so spent and not subject to sections 6, 7, and 11 of the
FLSA when such hours of service are performed in accord with sections
3(e)(4) (A) and (B) of the FLSA and the guidelines in this subpart.
(b) Congress did not intend to discourage or impede volunteer
activities undertaken for civic, charitable, or humanitarian purposes,
but expressed its wish to prevent any manipulation or abuse of minimum
wage or overtime requirements through coercion or undue pressure upon
individuals to ``volunteer'' their services.
(c) Individuals shall be considered volunteers only where their
services are offered freely and without pressure or coercion, direct or
implied, from an employer.
(d) An individual shall not be considered a volunteer if the
individual is otherwise employed by the same public agency to perform
the same type of services as those for which the individual proposes to
volunteer.
