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turning paid positions into volunteer

  • Tuesday, May 03, 2011 12:15 PM
    Quote
    Message # 583279
    Patricia Wright
    If you have been asked to replace a paid position with a volunteer one, please share with me your experiences.  How did you "tweak" the position description to meet legal requirements? Where were these positions?  Reaction by paid staff?  Reaction by volunteers?  Please share. Thank you in advance.
  • Wednesday, May 04, 2011 8:54 AM
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    Reply # 583967 on 583279
    Deleted user

    I would be EXTREMELY wary of this type of situation.  This really is in violation of the FLSA and has the potential for contributing significantly to any attempts to organize unions in your facility.  If unions already exist, it will likely create fewer opportunities for volunteers in the future.  This hasn't happened in our facility, but I've heard very bad stories from other KY colleagues where unions are stronger - mining communities.

     
  • Wednesday, May 04, 2011 1:04 PM
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    Reply # 584150 on 583279
    Deleted user
    This would be in violation of the Fair Labor Standards Act which says volunteers should not be utilized in ways that displace or replace regular employees in the performance of their normal duties.  I would think this could open up the possibility of a lawsuit by the displaced employees, in addition to the union concerns mentioned by John.
  • Monday, May 30, 2011 12:59 PM
    Quote
    Reply # 608538 on 583279
    Anonymous
    'Completely agree with the comments above.  We have periodic legal issues presentations here and this did come up.  The comment was made that if the position was filled with a paid person there should be at least one year where the position is vacant before any attempt is made to reorient it to volunteer status.

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