“Protection” of Volunteers Under Federal Employment Law: Discouraging Voluntarism
INTRODUCTION
In September 1990, the Department of Labor informed the Salvation Army that the participants in its down-and-out work-therapy program' were not "volunteers," but rather "employees" subject to the Fair Labor Standards Act's2 ("FLSA") minimum wage, overtime pay, and recordkeeping provisions. The Salvation Army, an employer of over 40,000 regular employees,7 commenced a federal lawsuit to enjoin the Labor Department's proposed action--an action that would have required the Salvation Army to pay standard wages to an estimated 70,000 participants who are enrolled in its work-therapy programs.9 The Labor Department, subjected to political pressure for singling out the reputable charity, 10 abandoned its plan to sue, and consequently the Salvation Army's action was dismissed." The dismissal of the suit, however, left the underlying conflict unresolved, reserving for a future date the question.