We are a nonprofit organization, and have an on-site library staffed by volunteers. We want to invite youth/minors to volunteer for these roles as well. What do we need to consider to use volunteers for these roles? What documentation should we provide or have them sign?
Volunteers
In general, in a for-profit organization, the people who perform work are employees, not volunteers.
According to the California Division of Labor Standards Enforcement (DLSE), a “volunteer” generally is a person who performs work for public service, religious or humanitarian reasons without promise, expectation or receipt of compensation for that work. Whether a person is properly classified as an employee or a volunteer is determined by the parties’ intent. (DLSE, Enforcement Policies and Interpretation Manual Section 43.6.7; DLSE Opinion Letter 1988.10.27)
For your nonprofit organization, “volunteers” would be people intending to donate their services without pay for a public service, such as library services.
You may have a mix of volunteers who are minors and adults, so you will want to understand which process/documents you need to follow/provide depending on the age of the volunteer. In your initial application form, you can ask if the volunteer is at least 18 years old.
Best Practices for Volunteers
When starting a volunteer program for a nonprofit, you should provide potential volunteers with an application, including disclosures.
In addition, once you have determined that someone will become a volunteer, you should provide them with a volunteer agreement and acknowledgment. The agreement could include sections such as clarifying that this is not an employment relationship; there is no expectation of compensation; acknowledgment that the volunteer waives liability for the organization; and confidentiality obligations for the volunteer.
You also should collect the volunteer’s emergency contact information, provide a description of their role and train them.
It is good practice to have liability insurance coverage, including accident and injury insurance, to cover nonemployees, including minors (where applicable).
The Fair Employment and Housing Act (FEHA) protects volunteers from harassment, so best practices include providing volunteers with a copy of your harassment prevention policy, having them sign and acknowledge the policy, providing harassment prevention training and documenting the training.
You also could review your employee onboarding process to see if there is anything else that may be applicable to volunteers, but be careful not to treat them as if they are employees.
Minors
For volunteers who are younger than 18 years old, there are additional steps. Besides obtaining the minor volunteer’s signature, you need to have the minor volunteer’s parent or legal guardian sign any documentation, parental consent and liability release.
There isn’t a lot of guidance for minors in volunteering, so you could use some of the requirements for hiring minors as a best practice. Relevant requirements include guidance on the type of duties that minors perform, such as avoiding hazardous and dangerous tasks, and ensuring minors receive proper safety training and supervision.
Additional Considerations
When minors are involved, depending on the industry and the type of organization, such as youth service organizations, there may be additional legal requirements such as a Live Scan, mandated reporter training, and child abuse prevention policies. (Business and Professions Code Section 18975, Penal Code Section 11165.7, Penal Code Section 11105.3)
Column based on questions asked by callers on the Labor Law Helpline, a service to California Chamber of Commerce preferred members and above. For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www.hrcalifornia.com.
