New York Public Personnel Law: Employment of volunteers

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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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. 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 posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.