Here are the work-hours/volunteer-hours standards for "volunteer
work hours" pursuant to the North Carolina Wage and Hour Act. These
standards were effective as of July 31, 2002:
N.C.G.S. §95 25.14 is amended by adding a new subsection
to read:
"(b1) The provisions of G.S. 95-25.3 (Minimum Wage) and G.S. 95-25.4
(Overtime), and the provisions of G.S. 95-25.15(b) (Record Keeping) as they
relate to the exemptions provided for in this subsection, do not apply to
any of the following:
(1) Hours worked as a bona fide volunteer firefighter in an incorporated,
nonprofit volunteer or community fire department.
(2) Hours worked as a bona fide volunteer rescue and emergency medical services
personnel in an incorporated, nonprofit volunteer or community fire department,
or an incorporated, nonprofit rescue squad.
Hours worked in accordance with this subsection shall not be considered
hours worked for purposes of G.S. 95-25.3 or G.S. 95-25.4." This amendment
became effective on July 31, 2002.
This state amendment was written specifically for the "hybrid
volunteer-employee combination" for firefighters and rescue-emergency
medical services personnel in incorporated, nonprofit volunteer or community
fire departments or rescue squads. Before this amendment, a paid employee
for these organizations could not volunteer to do the same or very similar
job that they were paid to perform if the "volunteer hours" combined
with the "paid hours" brought the employee below the minimum wage
or resulted in the employee working in excess of 40 hours in a workweek
pursuant to the North Carolina Wage and Hour Act. With this amendment, the
North Carolina Department of Labor cannot enforce and an employee cannot
sue for the payment of the state minimum wage or state overtime pay for
the "volunteer work hours" when performed by bona fide volunteer
firefighters or rescue-emergency medical services personnel who volunteer
and work for incorporated, nonprofit volunteer or community fire departments
or rescue squads and are also paid employees of the same organization.
This state amendment does not affect bona fide volunteer firefighters
or rescue-emergency medical personnel of these organizations who are strictly
volunteers (who volunteer 100% of their time). And the North Carolina Wage
and Hour Act does not require any payment of wages to bona fide volunteers
who only volunteer their services. This state amendment does not affect
paid firefighters or rescue-emergency medical personnel who do not perform
any volunteer work at all for the same organization as all of their work
time is compensable time.
However, this group of "hybrid volunteer-employee"
firefighters or rescue-emergency medical services personnel may still be
protected by the federal minimum wage and federal overtime pay provisions
pursuant to the Fair Labor Standards Act (FLSA) for the "volunteer
work hours" if they are also a paid employee for the same organization.
The federal wage and hour law looks at each firefighter and rescue-emergency
medical services personnel on an individual basis to see if they are involved
in Interstate Commerce. The federal wage and hour officials take the position
that an individual employee is covered by the federal minimum wage and federal
overtime pay provisions if they respond to a vehicle accident on a public
road. And any public street, country road or state highway is considered
as a public road since all roads lead to an interstate highway. While this
is a workweek coverage issue, the federal wage and hour officials also look
at the entire investigative period, which is generally the last two years
from the date of the investigation. For assistance with the federal labor
laws, call the United States Department of Labor's Wage and Hour Division's
national Call-Center at 1-866-4-USWAGE (toll-free). Web site: www.dol.gov/esa/whd/
The North Carolina Department of Labor can assist if the issue
concerns wage payment, which has to do with promised wages such as hourly
pay at more than the minimum wage, a promised salary, or shift differential
pay; or promised wage benefits such as vacation pay, sick leave, severance
pay, jury duty pay, and holiday pay. Only governmental employers are exempt
from the state wage payment provisions. For wage payment questions, call
this office at (919) 807-2796 (Raleigh) or toll-free (NC only) 1-800-NC-LABOR
(1-800-625-2267). Our Call-Center is open from 8:00 am to 5:00 pm, Monday
thru Friday.
8-30-2005
