Hoosier Banker 29 The DOL cautions that the volunteer activities must be truly voluntary, without any coercion or pressure, either direct or indirect, from the employer and must be outside of normal working hours. Non-exempt employees can participate voluntarily in outside civic or charitable events without pay from an employer if: • The volunteer or charity event is unrelated to the employer’s usual business, and participation does not bring direct economic benefit to the business; • The event takes place outside of normal working hours; • Employees’ participation is truly voluntary or optional, meaning that the employer neither treats volunteer participants more favorably, nor treats nonparticipants less favorably; and • The employer does not employ and regularly pay workers to participate in that event. For example, if an employer promotes or sponsors an event (e.g., blood drive or Habitat for Humanity service project), simply encourages employees to participate, and the event is outside of regular working hours, then non-exempt employees would likely not have to be paid. The volunteer work was not required or controlled by the employer, the employer does not receive any direct economic benefit (simply general good will or tangential benefits), and it was done outside of normal working hours. However, if the employer directs or requires participation at the event outside of working time, the employees would have to be paid. Moreover, any volunteer work for an employer’s direct benefit that is done during normal working hours must be paid. Regardless of whether an employer is legally required to pay non-exempt employees for their time spent volunteering outside of work, many employers are recognizing the benefit of encouraging volunteerism and are offering incentives to employees who volunteer for charitable and civic activities off the clock. Some employers pay employees for time spent volunteering at events aligned with the employer’s core values/goals. Other employers offer paid time off for The information in this article is provided for general information purposes only and does not constitute legal advice or an opinion of any kind. You should consult with legal counsel for advice on your institution’s specific legal issues. chicago indianapolis st. louis milwaukee A full service business law firm with a simple promise -- put you first 201 North Illinois Street, Suite 1400 Capital Center, South Tower Indianapolis, Indiana 46204-4212 T: 317.464.4100 | F: 317.464.4101 | salawus.com Growing in Indiana to meet your company’s legal needs ANDREW PODGORNY | LARRY TOMLIN | STEPHEN STITLE | MARK WENZEL | BRANDT HARDY | PHIL FOWLER ELIZABETH TRAYLOR | MARTHA LEHMAN | DEBRA MASTRIAN | JOHN TANSELLE volunteering through a formal volunteer time off program (e.g., employees are given a certain number of hours or days per month to volunteer at approved events), or simply offer additional paid time off under their existing leave policies. Employers can also encourage volunteerism by having company matches on donations to charities or giving recognition for volunteerism (e.g., volunteer appreciation day, awards, recognition such as volunteer of the month, a spotlight in the employer’s newsletter or on social media, or rewards such as meal or gift cards for volunteering a certain number of hours). HB
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