How Many Hours Can a Volunteer Work per Day in California? Laws, Limits, and Rights Explained

Find out how many hours volunteers can work per day in California under labor rules, protections, and scheduling limits. Compare volunteer and employee rights, including workers’ compensation, harassment protections, discrimination safeguards, and key considerations for nonprofit and public organizations.

By Douglas Wade, Attorney

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Table of Contents

1. Introduction

2. Differentiating Between Volunteers and Employees

3. Does Volunteering Qualify as Employment?

4. Minors As Volunteers

5. The maximum number of hours that a volunteer can work each day

6. Does Workers’ Compensation Cover Volunteers?

7. Common Legal Concerns That Volunteers Face

8. Right to Compensation in a Lawsuit

9. Consult an Attorney

10. Things that employers need to think about

Introduction

According to California’s volunteer labor regulations, a volunteer is anyone who works for a governmental agency or a nonprofit organization for civic, humanitarian, or charitable purposes without expecting or receiving payment of any kind.

A person will not be regarded by the law as a volunteer if they are compelled or do not offer their time for free. If a volunteer needs food, transportation, accommodation, incidental costs, and non-cash rewards to do the work, they are still considered volunteers.

This generally holds true as long as none of the mentioned items are meant to serve as a substitute for pay. Volunteers are shielded from liability pursuant to the California Volunteer Protection Act for injuries sustained while they are lawfully performing their volunteer job.

A volunteer who intentionally, maliciously, or criminally committed harm is not protected by the Act. The California Fair Employment and Housing Act (FEHA) offers volunteers certain important protections, but they do not have as many rights and benefits as paid employees.

This includes the freedom from harassment, discrimination, and retaliation at work. Additionally, volunteers may be shielded from personal harm claims under certain circumstances.

An individual may be exempt from such litigation, for instance, if they are an engineer, architect, director, or officer of a non-profit organization, or an emergency rescue worker. Not all of these situations or roles will grant immunity.

A California resident might want to know “How many hours can a volunteer work per day?” For more information on this situation, people can speak with an authorized California employment lawyer. Any queries or worries someone may have regarding volunteering in California can also be addressed by a California attorney.

Differentiating Between Volunteers and Employees

A person who is under the control and oversight of an employer, either by appointment or through an informal or formal contract, is commonly referred to as an employee under California labor regulations. Understanding these differences helps clarify “How many hours can a volunteer work per day?” The following are the main distinctions between employees & volunteers:

Compared to volunteers, employees are better protected and subject to more laws.
While volunteers typically serve for free, employees are paid workers.
Employees who are unlawfully terminated may be entitled to damages and other remedies. Volunteers do not have similar entitlements.
Benefits like minimum pay, overtime, paid time off for illness, & vacation days are available to employees. Volunteers usually do not have benefits.
Volunteers are usually assigned fewer tasks and are not required to sign confidentiality contracts if they want to undertake volunteer work. Employees normally have more obligations and may be required to do so.
Employers with five or more workers are required to offer sexual harassment & abusive conduct training. Volunteers are not subject to it.
While volunteers are free to contribute their time anytime they choose, most employees must adhere to a rigid work schedule, and
While volunteers are only allowed to work for public & nonprofit organizations, employees are typically allowed to work for any kind of business or organization. A volunteer will no longer be regarded as a legitimate volunteer if they are employed by a private or commercial organization.

Does Volunteering Qualify as Employment?

A volunteer is typically someone who works for humanitarian, religious, or public service purposes without expecting, promising, or receiving payment for what they do (explained by California’s Division of Labor Standards Enforcement). Volunteering is unpaid labor by definition.

Minors As Volunteers

A minor’s age and the guidelines set forth by the company or group will determine whether or not they are permitted to volunteer. Volunteer hours might be restricted during the academic year.

The maximum number of hours that a volunteer can work each day

A volunteer’s age & school policies determine “How many hours can a volunteer work per day?”

If the person who volunteers is a legal adult, they are free to work for as long as they can or in compliance with the organization’s policies.

Does Workers’ Compensation Cover Volunteers?

In some circumstances, a volunteer may be eligible to receive workers’ compensation in California. In the event that an employee is hurt, benefits from workers’ compensation are a kind of insurance coverage that pays earnings and medical expenses.

The employee forfeits their right to file a claim against their employer for occupational accidents in return for workers’ compensation benefits. For the purpose of enabling volunteers to get workers’ compensation benefits, a California entity may designate volunteers as employees or implement a compensation scheme that applies to volunteers.

When a company or organization implements these kinds of rules for its volunteers, it must offer the same benefits to them as it does to its paid employees. Volunteers who get these benefits will only be able to cover medical, rehabilitative, and disability-specific expenses because they will be fixed. These protections apply regardless of “How many hours can a volunteer work per day?”

In contrast, a volunteer may pursue legal remedies via the California civil court procedure, including suffering and pain compensation along with other damages, if they are unable to obtain workers’ compensation benefits.

Only if the complaining volunteer can prove that the opposing party was at fault will they be granted civil remedies. If the action is successful, the plaintiff will typically obtain greater damages from civil remedies than they would from workers’ compensation benefits.

Common Legal Concerns That Volunteers Face

Certain legal rights are extended to volunteers by California statutes. The first set of rights granted to volunteers in the state was the freedom from unfriendly activities like bullying and sexual harassment by their employers.

The right to be unaffected by age discrimination was initially granted to volunteers. The provision on employment discrimination standards for employees was progressively adopted by the FEHA and expanded to include volunteers.

This implies that companies in California are prohibited from discriminating against volunteers based on their protective traits.

Right to Compensation in a Lawsuit

If they successfully file a civil case, volunteers may be eligible for the following legal remedies & damages awards:

Economic damages could consist of monetary rewards for future income loss, hospital bills, pharmacy charges, medical costs, and additional out-of-pocket expenditures.

Non-economic damages could consist of pain or suffering, loss of companionship, loss of life satisfaction, emotional distress, other problems, and punitive damages.

A person should review the volunteer policies of an organization. As mentioned before, some companies or organizations will offer volunteer workers’ compensation insurance.

Consult an Attorney

If you’re unsure about “How many hours a volunteer can work per day?” speak with a California employment lawyer.

Having an attorney specializing in discrimination matters in California is very crucial in case you have any questions or concerns regarding whether you are a volunteer or an employee in California. In certain situations, it may not be easy to differentiate between the two.

The decision will require a deep comprehension of the legal system and the capability to make it fit the situation of your case. Your lawyer may provide extra legal advice on possible solutions in case you now volunteer in California and believe you have suffered somehow.

Your lawyer can assess the details of your case, review your legal options, and describe your rights as a California volunteer. Besides the fact that you are represented in court by your attorney, and the attorney assists you to achieve the best possible outcome considering the events surrounding your case, the attorney will also assist you in preparing and filing your claim.

Things that employers need to think about

Employers must be aware of the restrictions that might be imposed when allowing employees to take time off to serve as volunteers, paying staff to volunteer in support of a cause, and additional potential concerns with volunteer time, especially when the holidays are quickly approaching. Five concerns about time off and compensation for volunteer work are covered here.

When is it necessary for a company to reimburse employees for their volunteer work?

In an opinion statement concerning whether workers for religious groups are volunteers or employees, the California Division of Labor Standards Enforcement (DLSE) provided some assistance for California companies. The DLSE adopted the stance that the controlling element is the parties’ intentions.

A person is not considered an employee if they plan to donate their services for humanitarian, religious, or public service purposes without considering compensation. The DLSE went on to say that while volunteers from religious, nonprofit, or benevolent organizations are permitted to contribute their services, they cannot constitute normal services of that employee’s job.

Under federal statute akin to California’s DLSE, the US Department of Labor published an opinion statement on the matter. According to the DOL, time spent working for charitable or public purposes at the organization’s request, under his supervision, or when the employee is obligated to be on the property, qualifies as working hours. Hours worked do not include time spent willingly engaging in such activities beyond the employee’s regular working hours. These points must be considered when you analyze “How many hours can a volunteer work per day?”

The DOL clarified:

When an employee volunteers for charity causes outside of regular business hours and does so voluntarily rather than under duress or pressure from the employer, the employer is not required to pay the employee for that time.

An employer who encourages workers to volunteer for charitable or public causes outside of regular business hours is not required by federal law to pay the worker’s salary as long as the labor is voluntary (DOL’s note). The worker’s working circumstances and employment prospects won’t be negatively impacted if they choose not to volunteer.

California law provides protected time off for emergency rescue workers, volunteer firefighters, and reserve peace officers

Sections 230.3 & 230.4 of the California Labor Code offer leave rights to workers who volunteer as lifesaving personnel, firefighters, or reserve peace officers. When an employee takes time off to undertake emergency service as a volunteer fireman, reserve peace official, or emergency rescue personnel, their employer is not allowed to terminate them or treat them unfairly. Additionally, companies with 50 or more workers must permit workers to take brief leaves of absence for emergency rescue, fire, or law enforcement training, up to a total of 14 days each calendar year.

California law grants protected time off to members of the Civil Air Patrol

Employers must grant workers who react to an emergency operating mission of the California Wing of the Civil Air Patrol at least ten days of unpaid leave each calendar year, according to Labor Code sections 1501 & 1503.

When allowing volunteer time for certain, restricted purposes, employers must exercise caution

Employers have to ensure that the causes they support are not perceived as endorsing a particular political viewpoint or cause. Section 1101 of the Labor Code forbids employers from prohibiting their employees from engaging in politics or running for public office. The legislation forbids employers from regulating, directing, or attempting to control employees’ political affiliations or actions.

Employers are prohibited by Section 1102 from using the fear of termination or loss of employment to coerce or influence employees to adopt, follow, or refrain from choosing or following any specific course or position on campaigning or political participation. To prevent any potential accusations that the policy breaches this section of the labor code, employers creating a volunteer leave policy must consider these requirements.

Be cautious when deciding on unpaid internships

Young employees or those wishing to enter a new field may offer their services as unpaid interns to help a business or individual learn about the field and make contacts. The DLSE published an opinion letter in April 2010 outlining the examination it will perform to determine whether the intern is appropriately classified. The DLSE stated in its opinion letter that it will look into the following aspects:

The training is comparable to that provided in a vocational school, despite the fact that it involves using the employer’s facilities.
The purpose of the training is to be helpful to the students or trainees.
Instead of replacing existing staff, the students or trainees work under their careful supervision;
The efforts of students or trainees do not immediately benefit the company, and occasionally they may even hinder the firm’s operations.
After the training period is over, the students or trainees may not be eligible for employment; and
Both the organization and the students or trainees are aware that they are not entitled to compensation for the time they spend in training.

An intern trying to contest the designation as an intern would likely have at least a few solid facts to support their argument, even though these factors constitute a rather loose test. Because of this, companies in California should use prudence when classifying interns.

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How Many Hours Can a Volunteer Work per Day in California? Laws, Limits, and Rights Explained

Introduction

Differentiating Between Volunteers and Employees

Does Volunteering Qualify as Employment?

Minors As Volunteers

The maximum number of hours that a volunteer can work each day

Does Workers’ Compensation Cover Volunteers?

Common Legal Concerns That Volunteers Face

Right to Compensation in a Lawsuit

Consult an Attorney

Things that employers need to think about

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