Volunteering vs. Work/Employment
The U.S. Department of Labor (DOL) defines volunteering as:
An individual who performs hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered, is considered to be a volunteer during such hours. [DOL, CFR 553.103]
The Fair Labor Standards Act (FLSA) further states:
Individuals who volunteer or donate their services, usually on a part-time basis, for public service, religious or humanitarian objectives, not as employees and without contemplation of pay, are not considered employees of the religious, charitable or similar non-profit organizations that receive their service.
In summary, the U.S. government defines a “True Volunteer” as someone who provides services for civic, charitable, or humanitarian purposes without compensation or the expectation of payment. However, work/employment that requires specific education or specialized skills does not qualify as a “True Volunteer” role and would require prior work/employment authorization.
EXAMPLES:
- Acceptable True Volunteer Role: Serving food at a homeless shelter, as it requires no specific education or specialized training—anyone can help or participate.
- Unacceptable True Volunteer Role: Assisting a professor in a lab or helping at a tech start-up, as it requires specialized knowledge, education, and/or specialized training.
Therefore, any activity or service that does not meet the definition of volunteering outlined above is considered work/employment under U.S. regulations and requires the appropriate work/employment authorization, as detailed on our employment web pages.
*Students with specific circumstances or additional questions should contact their ISO Advisor BEFORE starting any volunteer position or work/employment-related activities.
