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Volunteers donate their services for civic....


Question: We have recently been working with an information technology professional, from a foreign country, that has volunteered their time to help us with some of our problems in the hope that we can aid them in getting a permanent visa in this country. They have been working at our firm, scheduling their own hours, for about one month now. Is there a problem with this?

Answer: There certainly is. True volunteers donate their services for civic, charitable or humanitarian reasons without an expectation of pay or any other tangible benefit. These individuals are not covered by the wage and hour requirements of federal or state law. Employers are required to pay at least the minimum wage to individuals whom the employer “permits to work”. An employer that has violated the wage and hour laws may be required to pay double the compensation to which the worker was entitled, and may be subject to civil penalties and criminal prosecution. In addition, an employee must show proof that they can legally work in the United States.


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