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Society for Healthcare

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Fair Labor Standards Act Issues

  • Friday, May 29, 2009 12:12 PM
    Message # 180646
    Deleted user

    Several of you have inquired about my forum comment yesterday about us outsourcing our gift shop partially due to FLSA issues.  Please click on "Blog" in the left hand column and read my entry of the same title.  Then you can return here to discuss and share ideas. 

    Here is an excerpt of the letter that pertains to this conversation"

    "Volunteers clearly function as volunteers when ONLY they are assigned to work in a gift shop under supervision of an employed supervisor or manager.  But in instances where employees are utilized to cover a shift in the gift shop on a regular basis (or on weekend or holiday basis because no volunteers are available to work), the volunteers assigned to the gift shop could be subject to the requirements of the FLSA as employees.  So, when it comes to operations of the gift shop, the wisest (ie. safest) course of action is to staff these on an "all or nothing" basis.  By this I mean either have the gift shop staffed with all volunteers and no employees (not including the paid manager), or visa versa but do not commingle volunteer and workers in staffing the gift shop."

    The letter also discusses not using volunteers in Admissions, Medical Records, or for direct nursing care.  Clerical volunteers should only be SUPPLEMENTING the staff, not SUPPLANTING.  Volunteers should be used for tasks which are "non-essential" to the hospital and at no time should they be used to backfill or cover for displaced employees.

    One of the suggested safeguards to use with all other volunteers is to have them sign a Volunteer Agreement to ensure that all volunteers do not expect ot anticipate any compensation or benefits.

    Please share you thoughts or ask questions!

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