Volunteer Laws and Regulations in California: What Nonprofits and Others Need to Know

While volunteers can be essential to nonprofit organizations since they work without pay, there are clear legal rules that govern their involvement. Understanding these rules helps both organizations and individuals avoid unintended legal issues. Here is an overview of the laws and regulations related to recruiting and managing volunteer workers in California.

What is a volunteer under California law?

A volunteer is someone who offers their time and services without pay, typically to a nonprofit, government, or religious organization. The individual must:

• Work without any expectation of compensation
• Perform services for civic, charitable, or humanitarian purposes
• Offer services freely, without coercion

See California Labor Code Sec 1720.4.

Can for-profit businesses use volunteers to do any work for them?

No, for-profit businesses may not use volunteers and must pay all workers at least the minimum wage.

Which organizations may legally use volunteers?

In California, individuals may volunteer for:

• Nonprofit organizations, e.g., 501(c)(3) charities
• Religious institutions
• Government and public agencies
• Political or advocacy groups

Under the federal Fair Labor Standards Act (FLSA), volunteers must not replace paid employees or be compelled to perform work in a way that mimics employment.

Can volunteers be paid or receive benefits?

Volunteers may not receive compensation. However, they can be:

• Reimbursed for actual expenses (e.g., mileage or supplies)
• Given small, nominal benefits such as event T-shirts, snacks, or free tickets

These benefits must not resemble wages or create an employment relationship. Regular stipends, even small ones, can jeopardize a volunteer’s legal classification. Doing so can legally transform them from volunteers into employees, triggering wage and hour laws under both California labor law and federal law (Fair Labor Standards Act, or FLSA).¹Alvarado v. Selma Convalescent Hospital (2007)

What’s the difference between a volunteer and an employee?

Legally, employees are entitled to protections such as minimum wage, overtime, and workers’ compensation. Volunteers are not. To stay in compliance, organizations must ensure volunteers:

• Choose to serve voluntarily
• Do not have fixed schedules or formal job expectations
• Are not performing the core duties of a paid employee
• Are not incentivized with pay or perks

Misclassifying someone as a volunteer can result in fines, back pay, and other legal liabilities.

Are nonprofits liable for their volunteers’ actions?

Yes, nonprofits may be liable for the actions of their volunteers, but with some legal protections. Under both California’s Volunteer Protection Act and the federal Volunteer Protection Act:

• Volunteers are generally immune from liability for their actions if they act in good faith and within the scope of their duties
• Immunity does not apply if the volunteer commits criminal acts, or with gross negligence or willful misconduct

Nonprofits should carry general liability insurance and may also purchase volunteer accident insurance to further protect both the organization and the individual.

Should organizations screen and train volunteers?

Yes. Especially when volunteers will work with vulnerable populations, such as children or the elderly, best practices include:

• Background checks (may be legally required in some sectors)
• Volunteer applications and reference checks
• Clear training and written policies
• Signed agreements outlining volunteer roles and responsibilities

These steps reduce risk and create clarity for both the volunteer and the organization.

Is a written volunteer agreement required?

It’s not legally required, but it is highly recommended. A simple volunteer agreement should clarify:

• That the work is voluntary and unpaid
• What duties the volunteer will perform
• Any expectations or codes of conduct
• Liability and insurance acknowledgments

This document helps distinguish the volunteer role from employment and provides important legal protections.

Are volunteers covered by workers’ compensation?

Generally, no. In California, most volunteers are not covered by workers’ compensation unless the organization has opted in to cover them.²California Labor Code Sec 3352

Some public agencies and large nonprofits provide this coverage voluntarily. If workers’ comp is not available, injured volunteers may need to seek help through liability claims or volunteer accident policies.

Can minors volunteer?

Yes, but there are extra rules. Minors:

• Must have written parental or guardian consent
• May be restricted from performing hazardous tasks
• Are still subject to child labor laws, even if volunteering

Organizations should develop separate policies for youth volunteers and ensure all requirements are met before allowing minors to serve.

Summary of Key Rules for California Volunteers

Understanding California’s volunteer laws helps ensure that good intentions don’t result in unintended legal consequences. By honoring the legal boundaries of volunteer service, nonprofits can create positive, safe, and compliant experiences for their volunteers and the communities they serve.

Further Resources

How Nonprofit Organizations Work in California

Non-profits vs For-profits: What are the Differences?

Laws for Employees

Get Legal Help

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