(a) Individuals who are not employed in any capacity by State or
local government agencies often donate hours of service to a public
agency for civic or humanitarian reasons. Such individuals are
considered volunteers and not employees of such public agencies if their
hours of service are provided with no promise expectation, or receipt of
compensation for the services rendered, except for reimbursement for
expenses, reasonable benefits, and nominal fees, or a combination
thereof, as discussed in Sec. 553.106. 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.
(b) Examples of services which might be performed on a volunteer
basis when so motivated include helping out in a sheltered workshop or
providing personal services to the sick or the elderly in hospitals or
nursing homes; assisting in a school library or cafeteria; or driving a
school bus to carry a football team or band on a trip. Similarly,
individuals may volunteer as firefighters or auxiliary police, or
volunteer to perform such tasks as working with retarded or handicapped
children or disadvantaged youth, helping in youth programs as camp
counselors, soliciting contributions or participating in civic or
charitable benefit programs and volunteering other services needed to
carry out charitable or educational programs.
[52 FR 2032, Jan. 16, 1987; 52 FR 2648, Jan. 23, 1987]