Bringing people from other countries to your U.S. non-profit can be rewarding. However, it is important to distinguish if they are volunteers or employees to avoid potential legal issues.
What is a volunteer?
Volunteers typically work for charitable or humanitarian purposes. They offer their services freely, not expecting any compensation. Volunteers also do not take away jobs from paid employees.
What is an employee?
On the other hand, an individual is an employee if they receive payment for their work. They have set work times and duties. These people also perform tasks that are essential to the organization’s operations.
Key considerations
When bringing participants from other countries to your organization, it is essential to consider several key legal aspects:
- Visa restrictions: Ensure the participant’s visa allows for the intended activities
- Fair Labor Standards Act (FLSA): Know about minimum wage and overtime requirements
- Workers’ compensation: See if you need coverage for your participants
Understanding these factors is crucial for protecting both your organization and your participants. When in doubt, consulting with an experienced immigration attorney is always a good step.
Common pitfalls to avoid
To maintain legal compliance, avoid misclassifying employees as volunteers. Be careful about offering benefits to your volunteers that could be seen as compensation. Also, avoid giving volunteers tasks typically done by paid staff. Instead, focus on clearly defining roles and expectations for volunteers. Keep detailed records of their hours and work. Regularly review your volunteer program and stay up to date on labor laws. These steps will help keep your organization safe and ensure a positive experience for international helpers.
Protecting your organization
The U.S. labor laws for international participants, whether for employees or volunteers, can be complex. While this guide provides a starting point, it is always best to consult with an experienced immigration attorney to help you comply and protect your organization from potential legal issues.