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November 18, 2011

Employment of volunteers


Employment of volunteers
Source: The University of Pennsylvania Journal of Labor and Employment Law, Vol. 9, p. 147, 2006, NYLS Legal Studies Research Paper No. 06/07-19, by Mitchell H. Rubinstein, Esq.

One of the rare scholarly works that analyzes the rights of volunteers in "employment situations" is a paper prepared for the Journal of Labor and Employment Law by Mitchell H. Rubinstein entitled, Our Nation’s Forgotten Workers: The Unprotected Volunteers.

In this paper Mr. Rubinstein address such issues as whether volunteers actually should be treated as employees, should such individuals be deemed employees within the meaning of the Fair Labor Standards Act and the rights of such an individual to sue for alleged “volunteer related” sexual harassment.

Mr. Rubinstein suggest that a two-step analysis should be utilized to distinguish between volunteers and employees, noting that, in general, to be an employee the individual must (1) be hired which involves an examination of whether the individual receives some form of remuneration, and (2) have his or her work controlled by the employer.

The article may be downloaded from the Internet without charge and its posted at: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=493458

NYPPL will send readers a copy upon request. E-mail publications@nycap.rr.com Please type “Volunteers” as the subject.

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