Volunteer activity at an institution, whether on a sponsored program
or not, should be easy. As a non-profit, whether state institution
or profit, applicable laws should create no limitations. Labor laws
do apply to employees, but not to volunteers. And A-110 recognizes
volunteer work and provides guidance for valuing it if you plan to
cost share. What you are hearing from your HR department makes no sense.
It would be wise for your HR department and your General Counsel to
confer, and to create a category of "Volunteer". This would allow a
formal recognition of the individual's presence on campus, define
what insurance applies (on the individual and on his acts/omissions),
and I suggest an I.D. card.
The touchy case is an employee who is also doing volunteer work over
and above his employment. This is something you want do handle after
you get simple volunteerism covered. I believe that a simple memo,
signed by the employee and his supervisor permitting the volunteer
work (probably best if it is NOT in his normal department).
Chuck
At 05:40 PM 8/30/2005, you wrote:
>There are occasions when visiting researchers and students are
>interested in volunteering and/or collaborating with other researchers
>on particular projects with no promise and/or expectation of receiving
>pay or any other type remuneration and this drives my HR department
>crazy.
>
>The objection that is being asserted from our HR is that because the
>"volunteer" is not being paid (money or something of value) we would
>be violating "labor law" thus, volunteers are not allowed.
>
>This seems to be contrary to the standing that the US Code of Federal
>Regulations (29 CFR 553.101).
>
>Can any of you offer how you handle "volunteers" within your
>entity/campus?
>
>Thanks,
>
>Robert Gregory Miller
>Charles R. Drew University of Medicine and Science
>Div. of Endocrinology, Metabolism and Molecular Science
>Administrative Director/Research Administrator
>xxxxxx@cdrewu.edu
>Office: 323.563.5961
>Fax: 323.563.5966
>
>
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Herbert "Chuck" Chermside, CRA
Director Emeritus, VCU Sponsored Programs
Executive Director, Research Administrators Certification Council
1915 Robindale Rd.
Richmond, VA 23235-3931
804-320-5502
xxxxxx@verizon.net
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