(a) Volunteers may be paid expenses, reasonable benefits, a nominal
fee, or any combination thereof, for their service without losing their
status as volunteers.
(b) An individual who performs hours of service as a volunteer for a
public agency may receive payment for expenses without being deemed an
employee for purposes of the FLSA. A school guard does not become an
employee because he or she receives a uniform allowance, or
reimbursement for reasonable cleaning expenses or for wear and tear on
personal clothing worn while performing hours of volunteer service. (A
uniform allowance must be reasonably limited to relieving the volunteer
of the cost of providing or maintaining a required uniform from personal
resources.) Such individuals would not lose their volunteer status
because they are reimbursed for the approximate out-of-pocket expenses
incurred incidental to providing volunteer services, for example,
payment for the cost of meals and transportation expenses.
(c) Individuals do not lose their status as volunteers because they
are reimbursed for tuition, transportation and meal costs involved in
their attending classes intended to teach them
to perform efficiently the services they provide or will provide as
volunteers. Likewise, the volunteer status of such individuals is not
lost if they are provided books, supplies, or other materials essential
to their volunteer training or reimbursement for the cost thereof.
(d) Individuals do not lose their volunteer status if they are
provided reasonable benefits by a public agency for whom they perform
volunteer services. Benefits would be considered reasonable, for
example, when they involve inclusion of individual volunteers in group
insurance plans (such as liability, health, life, disability, workers'
compensation) or pension plans or ``length of service'' awards, commonly
or traditionally provided to volunteers of State and local government
agencies, which meet the additional test in paragraph (f) of this
section.
(e) Individuals do not lose their volunteer status if they receive a
nominal fee from a public agency. A nominal fee is not a substitute for
compensation and must not be tied to productivity. However, this does
not preclude the payment of a nominal amount on a ``per call'' or
similar basis to volunteer firefighters. The following factors will be
among those examined in determining whether a given amount is nominal:
The distance traveled and the time and effort expended by the volunteer;
whether the volunteer has agreed to be available around-the-clock or
only during certain specified time periods; and whether the volunteer
provides services as needed or throughout the year. An individual who
volunteers to provide periodic services on a year-round basis may
receive a nominal monthly or annual stipend or fee without losing
volunteer status.
(f) Whether the furnishing of expenses, benefits, or fees would
result in individuals' losing their status as volunteers under the FLSA
can only be determined by examining the total amount of payments made
(expenses, benefits, fees) in the context of the economic realities of
the particular situation.
