Can Nonprofit Employees Volunteer for Their Own Employer? New DOL Guidance Explains
On September 7, 2026, the U.S. Department of Labor's Wage and Hour Division (WHD) issued Opinion Letter FLSA2026-12, which addresses when nonprofit employees can volunteer for their employer and when that time must be paid.
When Does Volunteering Become Work?
A nonprofit that breeds and trains service dogs asked whether employees could volunteer on their own time to care for and socialize puppies at home.
What the DOL Says
The DOL applies its public-sector volunteer rules to nonprofit, charitable, and religious organizations. An employee may volunteer for their nonprofit employer only if they do so freely without pressure, expect no pay, and perform work that is not the same as or similar to their regular job.
That last point is key. An employee can't be paid for certain work during the week and then do the same work for free on the weekend. If the work is similar, the DOL treats it as part of the job, and it may need to be paid. Employees also can't waive their right to pay by calling the work "volunteering."
How to Tell If the Work Is "Similar"
Job titles don't decide the question; actual day-to-day duties do. Each case depends on its facts, and the question is whether the volunteer tasks are closely related to the employee's regular work.
In the letter, veterinarians could volunteer because they diagnose and treat animals rather than provide everyday puppy care. Directors could volunteer because they mainly supervise staff. Trainers could not, because puppy socialization includes training, which is the work they're already paid to do. The DOL noted that different actual duties could lead to different results.
Exempt Status Doesn't Change the Answer
The same rules apply to exempt and nonexempt employees. For nonexempt employees, work that doesn't qualify as volunteering must generally be paid and counted toward overtime. For exempt employees, the concern is whether the extra work affects their exemption, since their primary duty must remain exempt work.
The Takeaway for Nonprofits
Before allowing employees to volunteer, compare the volunteer tasks with each person's actual job duties. Mistakes can lead to back pay, overtime, liquidated damages, attorneys' fees, and other penalties under federal and state law.
Have Questions About Employee Volunteer Policies?
Understanding when volunteer work crosses into paid employment can be challenging for nonprofit organizations. Triumph HR can help you review employee responsibilities, navigate wage and hour compliance requirements, and establish clear policies that support your organization's mission.
-Sheila Crawford
Director of HR Consulting