Friday, 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.

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

Caution:

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Copyright© 1987 - 2017 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.