Volunteers and Federal Labor Laws

[evilmanor]

Off and on I've run a fund raising haunted house to raise money for various charity, so I've always been a volunteer and to maximize fund raising we relied heavily on volunteers.

My question is this, if I'm willing to work voluntarily in someone's for-profit haunt are they breaking any federal labor laws by allowing me to work without compensation? Is there some sort of paper work, waiver, etc... that should be filled out to protect the haunt owner or myself?

Do you use volunteers in a for-profit haunt?

Does your event insurance coverage cover volunteers?

[screamforadream]

You can't volunteer to work for KFC, you can't volunteer for a for-profit anything. Not to say people don't. But it's technically a no no. There's also no waiver or paperwork that can get you around this if the purpose of the business is solely for profit.

Now one thing many smaller or growing attractions should do is become a non-profit organization. Non-profits can have paid employees to run their organization, as long as they still follow their mission statement and offer the charitable services or donations, than you're all set. This allows you to have a whole team of volunteers, and the people in charge can still pay themselves as employees of the organization.

Ken Donat of Westland insurance offers volunteer coverage, (I believe it's $5,000 in medical per volunteer, and up to $1,000 immediate coverage for emergencies, essentially an ambulance ride). He's the guy to talk to and is the best insurance in the industry by far, at least to my knowledge.

[evilmanor]

Thanks for the reply.

So are you saying that all haunts using volunteers are either non-profit or doing it illegally?

[screamforadream]

Well, I wouldn't word it so bluntly, especially since each state enforces and interrupts the rules a little differently. And yes, I meant to say state. Lol

Truth is, many haunts are extremely small, and being seasonal, they try to get away with popping up and getting volunteers knowing the goal is for them (as owners) to make money. Some haunts just have friends help out and keep things quiet knowing there isn't much money in it at a small size. Bigger haunts can afford to pay their actors, and almost always do. But by far, there are SO many non-profit/charitable haunts out there, which is really the most economic way for most haunters.


Also, I'm dead tired and sleep deprived, so if what I said doesn't really sound educated or thought out...I'll apologize now lol. And off to sleep for this guy.

[Darkangel]

If you are a for profit business you SHOULD be paying your staff, its pathetic otherwise.

DA

[evilmanor]

Well, I wouldn't word it so bluntly...

I thought it better to just come out and ask rather than dance around the topic and not be informed.

... especially since each state enforces and interrupts the rules a little differently. And yes, I meant to say state. Lol...

State enforced federal laws?

Anyway I think I get what you're trying to say.

...Truth is, many haunts are extremely small, and being seasonal, they try to get away with popping up and getting volunteers knowing the goal is for them (as owners) to make money. Some haunts just have friends help out and keep things quiet knowing there isn't much money in it at a small size. Bigger haunts can afford to pay their actors, and almost always do. But by far, there are SO many non-profit/charitable haunts out there, which is really the most economic way for most haunters.

[Joe P]

Not to stir the pot.......

But if using volunteers is pathetic. What do you pay actors per night? and if its minimum wage...does that really make that much of a difference in compensation terms for a 4 hour night? We live in Florida where its HOT HOT HOT, $25 to $40 a night is not going to get someone who DOES not want to scare people come out and help regardless. Just curious since your calling people names

[Joe P]

oh and since its illegal and Pathetic

What do you say about actors who are under 16? What do labor laws say about that. Curious....

[screamforadream]

I'm gonna ignore the comment by DA, as should all of you. Just let him be him.

As for state enforced federal laws. Yes, and no. I'm functional now so let me explain a little better.
Let's face it, almost all haunts are volunteer driven, that's a common industry practice, and 99% of the haunts utilizing volunteers do make charitable donations. However, let's say you're at a haunt that doesn't make a donation or pay it's volunteers, then your volunteers have a reason to go to STATE officials, who will then either force you to pay and show you paid your actors, or will fine and or shut you down. That's if someone complains. I've personally never seen a haunt be involved with federal employees enforcing labor laws. Most haunts aren't big enough, jump around locations too often, and are simply seasonal attractions, making federal standards a littl harder to enforce on a federal labor, however, should an issue arise, it's the state the attraction is in that typically handles the situation. I'm not offering legal advice here lol, but based on what I've seen/heard/experienced, that seems to be the standard.

However, you can offer your actors a nightly incentive or a weekend salary, with end of season bonus' for high performance. Track these transactions, and show that you compensated your actors.

As for underage volunteers, I only allow 16+ at my haunts, anyone under the age of 16 must act with a parent or legal guardian (so I have a couple scenes with mother/son or father/daughter actors). Anyone 16-17 must have parental consent to act, and obviously anyone 18+ can sign their own volunteer agreement. All of my actors and build crew are volunteer. But I feed them each night, provide waters, cough drops, and are covered under our insurance while they're at the haunt, they all acknowledge that they're volunteering their time in exchange for community service hours as I do make donations to different charities in our area. I have a volunteer agreement and liability waiver I require to have all my volunteers sign (under 18 their parent must sign) before volunteering a minute of their time in my haunts.

When it comes to volunteering, you really should treat all your volunteers (and volunteers all deserve to be treated) with respect, and they always deserve appreciation and recognition. Take care of them and they will take care of you. Use them to put more money in your pocket, and they will come back to bite you in the ass.

As long as they understand that their volunteer position is to be treated as if it's a regular job, there won't be issues, establish a hierarchy, let them know their roles and responsibilities, and hold them accountable for those roles and responsibilities.

Moral of story, just don't be a dirtbag. Be good to the people who help you, and they will be good to you!

[Joe P]

Ditto Bobby

Treating people like people unfortunately died a long time ago but I still live by it. The people that give their time to make us a show worth seeing are appreciated greatly. We cater to them nightly, but we do Volunteers the first year, return actors go one a bonus pay structure based on their attendance. More time in.....more pay out. But dropping $300,000 the first year makes paying everyone year one cost prohibitive early on. We are smack dab in between Universal and Howl o Scream so our bar is raised quite a bit. As far as labor laws (especially for a seasonal event) no sure they apply. I have my attorney checking on it. But radio stations have interns....no pay, hospitals have nurses....no pay.....not to mention my wife is a director at a local for profit Hospital and they have "Volunteers" work everyday. Now if we were putting people to work for 40 hours a week with no compensation would more than likely garner some attention. But 8 hours a weekend for 6 weekends probably doesn't cut the mustard. Besides the government is too busy stealing our money in other ways to worry about people and their jobs. LOL

[Phil Miller]

Volunteers and Federal LaborLaws

I went through all this with the labor board 16 years ago. Radio interns are getting credits, hospitals are non profit or getting intern credits. You can not work for free unless your getting something in return, either credits, a donation made to a charity for the hours you have worked or 100% non profit that is has a registered 501-c3 status. Penalties are up to $10,000 per indecent.

[Joe P]

I just thought of something

Does that mean I can sue my company since I did not pay myself?

[Joe P]

This touches on the subject.....but its not cut and dry

Fact Sheet #18: Section 13(a)(3) Exemption for Seasonal Amusement or Recreational Establishments Under the Fair Labor Standards Act (FLSA)

The FLSA requires that most employees in the United States be paid at least the federal minimum wage and overtime pay at time and one-half the regular rate of pay after 40 hours in a workweek. In addition, the law includes youth employment and recordkeeping provisions. However, the Act provides some specific exemptions from these requirements for employees employed by certain establishments and in certain occupations. This fact sheet provides general information concerning the application of the Section 13(a)(3) exemption from minimum wage and overtime pay to seasonal and recreational establishments under the FLSA.

Some State wage laws may not recognize or permit the application of this exemption, and since an employer must comply with the most stringent of the State or Federal provisions, it is strongly recommended that State laws be reviewed prior to applying this exemption.

General Provisions of Section 13(a)(3)

Section 13(a)(3) provides an exemption from the minimum wage and overtime provisions of the FLSA for "any employee employed by an establishment which is an amusement or recreational establishment, if (A) it does not operate for more than seven months in any calendar year, or (B) during the preceding calendar year, its average receipts for any six months of such year were not more than 33-1/3 per centum of its average receipts for the other six months of such year."

Tests for the Exemption

(a) An "amusement or recreational establishment" will be exempt under Section 13(a)(3) of the Act if it meets either Test (A) or Test (B) as explained in the following paragraphs.

(b) "Does not operate for more than seven months in any calendar year." Whether an amusement or recreational establishment "operates" during a particular month is a question of fact, and depends on whether it operates as an amusement or recreational establishment. If an establishment engages only in such activities as maintenance operations or ordering supplies during the "off season" it is not considered to be operating for purposes of the exemption.

[mrfoos]

Awesome Joe. Thanks for real information. Let's face it, our industry is freaking awesome, and there are plenty of people out there that want to join just to have fun. They are paid in accolades and the entertainment of performing. No different than a community play. The idea that we as the owners are doing something wrong by accommodating them is small minded and rude.

[Death Ridge]

Age Restrictive Labor Laws

As for the age restriction labor laws and haunts, the government can and WILL bust you for that. A haunt I recently worked at had the government come in and do an investigation on the age and hours of "volunteer" actors. We were informed that volunteer or paid it does NOT matter they are still an employee and you must abide by labor laws. So as for anyone 15 and under, they had to be off the premise by like 8pm. Ages 16 and 17 had to be gone by 10pm on weekdays and midnight on weekends. So they will come in and make you comply or risk getting fined. It's unfortunate but its happening now days.