USE OF VOLUNTEERS
Summary:
Many campuses utilize the services of volunteers for various activities, from coaching to providing campus tours and working at a variety of campus events. Volunteers perform supplemental tasks and are not to be used to eliminate the need for, or take the place of, paid staff.
System Guidelines & Other Policies and Procedures:
MnSCU Board Procedure #4.00.1, Use of Volunteers Procedure http://www.mnscu.edu/board/procedure/400p1.html
MnSCU Board Procedure #5.19.3 (Travel Management)
http://www.mnscu.edu/board/procedure/519p3.html
Certain volunteers may be subject to background checks under Personnel Guidelines:
Kari Koskinen Manager Background Check Act, #FSR0002 (password protected)
Psychotherapist Checks under M.S. Chapter 148A, #FSR0003 (password protected)
College and Universities may have developed additional campus policies and procedures with regard to the use of volunteers.
Contracts and Plans:
none
Forms:
Volunteer Coaching Release of Liability Form
http://www.mnscu.edu/board/procedure/4-00p1form.pdf
Laws:
Minnesota Statutes, section 3.736 outlines liability and indemnification for volunteers who act in good faith and within the scope of the volunteer assignment.
http://ros.leg.mn/bin/getpub.php?pubtype=STAT_CHAP_SEC&year=current§ion=3.736&image.x=0&image.y=0&image=Get+Section
Other References:
For employees who may volunteer for other assignments on campus, the Department of Labor (DOL) publishes several documents that may be of use in determining whether an employer-employee relationship exists (and may thus be subject to payment of overtime), or if the volunteer assignment is not subject to such provisions:
DOL Field Operation Handbook. See subsections 10b03, 10b05, 10b23, 10b24, and 10b31 for a discussion relevant to use of volunteers.
http://www.dol.gov/esa/whd/FOH/FOH_Ch10.pdf
DOL Opinion letters on the subject of employees volunteering:
University employees volunteering at annual 5K and 10K run hosted by the university. September 16, 2006
http://www.dol.gov/esa/whd/opinion/FLSA/2005/2005_09_16_33_FLSA.pdf
Non-exempt employees volunteering or receiving stipends to coach. August 26, 2005
http://www.dol.gov/esa/whd/opinion/FLSA/2005/2005_11_10_51_FLSA.pdf
Nurses working at a health fair, etc., sometimes tied to eligibility for higher job status. July 31, 2001.
http://www.dol.gov/esa/whd/opinion/FLSA/2001/2001_07_31_18_FLSA.pdf
OOC Contact:
Gary Janikowski, 651-297-5540 or gary.janikowski@so.mnscu.edu
Jim Lee, 651/296-3819 or jim.lee@so.mnscu.edu
