Legal Considerations for Nonprofit Volunteer Programs - Part 1

Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 162 is the first of two episodes with Allyson Deraps, our new key team member in Farella's exempt organizations practice. In part one, Allyson will talk about her background and her experience with the Burning Man organization and the nonprofit volunteer model, including issues related to classification, liability, and insurance.

In part two, episode 163, we'll focus more on practical tools and day-to-day program design, including documentation, screening, training, supervision, and other takeaways for nonprofit leaders with volunteer programs.

Show Notes:

Allyson Deraps, Special Counsel, Farella Braun + Martel

Spilman v. The Salvation Army, 117 Cal. App. 5th 913 (2026) (adopts a two-part test for distinguishing nonprofit volunteers from employees under California law: (1) the person freely agreed to serve for a personal or charitable benefit rather than compensation, and (2) the arrangement is not a subterfuge to evade wage laws)

Volunteer Protection Act of 1997, 42 U.S.C. § 14501

Department of Labor Fact Sheet #14A: Non-Profit Organizations and the Fair Labor Standards Act

DOL Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act

DOL Opinion Letter FLSA2007-3NA (addresses stipends paid to volunteer firefighters and articulates the "nominal fee" standard)

Cal. Labor Code § 3352 (excludes from the workers' compensation definition of "employee" any person performing voluntary service for a public agency or private nonprofit who receives no remuneration other than meals, transportation, lodging, or reimbursement for incidental expenses)

Cal. Labor Code § 3363.6 (permits a private nonprofit's board of directors to declare in writing, before any injury, that designated unpaid volunteers are deemed employees for workers' compensation purposes)

Cal. Business & Professions Code § 18975 (requires youth service organizations to provide mandated reporter training, background checks, and child-abuse prevention policies for "regular volunteers," defined as adults who have direct contact with children for more than 16 hours per month or 32 hours per year)

If you have suggestions for topics you would like us to discuss, please email us at [email protected]. Additional episodes are available at EORadioShowByFarella.com.

DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.