DOL Guidance, Statutes Nonprofit Managers Should Use to Classify Volunteers vs Employees

For nonprofit managers at A Simple Gesture, the practical question is simple: where do you turn when a role looks like part volunteer and part employee, or when a development director’s to-do list does not fit neatly into the FLSA duties tests? The U.S. Department of Labor’s Wage and Hour Division materials, namely WHD Fact Sheet #14A and the FLSA Advisor pages on volunteers, are the primary federal resources to consult. “For nonprofit employers and volunteer‑run charities (the operational model used by many A Simple Gesture chapters), the U.S. Department of Labor’s Wage and Hour Division (WHD) materials — including Fact Sheet #14A and the FLSA Advisor pages on volunteers — are the primary fed” is how one source put it, the sentence supplied here truncated but pointing managers to those specific pages.

What the sector says is wrong with that guidance Nonprofit advocates and practitioners are blunt: DOL guidance on exemption classification “is in some ways a relic of the industrial age, and it doesn’t always map onto nonprofit jobs.” That is not an attack on the law; it is a practical observation from those who run development shops, manage volunteers, and staff chapters that blend paid and unpaid labor. The Council of Nonprofits points to a clear friction point: “For example, the existing guidance isn’t clear on whether certain fundraising/development jobs or volunteer management positions meet one of the duties tests.” In other words, the classic tests for administrative, executive, and professional exemptions were drafted with factory and white collar models in mind and often fail to describe what development directors or volunteer coordinators actually do day to day.

Which roles are explicitly flagged as ambiguous The materials and sector commentary single out two categories by name: fundraising/development and volunteer management. The Council’s call to members is explicit: “Our ask of our readers: On which jobs – unique to nonprofits – should the Labor Department provide more precise guidance? We’ve identified fundraising/development and volunteer management as two examples of jobs unique to the nonprofit sector. But we’d like more examples of jobs where the current guidance is unclear to make the case that nonprofit workplaces deserve and need better guidance from DOL.” That means your chapter’s development staff and volunteer leads are precisely the kinds of positions the Department may need clearer rules for.

What’s coming from DOL, as reported by the sector The Council of Nonprofits reports that the Department of Labor has regulatory work on the horizon: “This fall, DOL plans to release proposed new regulations on the salary threshold test for exemption from overtime pay. It could also make changes to the duties tests for administrative, executive, and professional employees.” The excerpt does not give a year or a Federal Register docket number, so managers should treat the timing as provisional until the agency’s proposed rule appears. Still, the practical implication is large: changes to the salary threshold or duties tests would alter how many nonprofit staff qualify for overtime and could force a reclassification or redesign of some jobs.

Why your input matters and how the sector is being asked to weigh in The Council is encouraging nonprofits to speak up because, in their view, the Department is receptive. “The great news is that Labor Department officials appear open to improving the guidance the Department provides for nonprofit jobs. [...] Nonprofits will be invited to provide input to the DOL onjob classificationguidance.” That line, pasted in the source with spacing quirks, captures a sector-level outreach moment: the Department may solicit stakeholder examples and comment. The Council also framed the stakes in human terms: “Treating nonprofit employees fairly and legally – or, if you’re an employee, being treated that way – is essential to effective, sustainable organizations that serve the public good.”

Practical steps managers at A Simple Gesture chapters should take now

• Read the primary federal materials named in the sector commentary: WHD Fact Sheet #14A and the FLSA Advisor pages on volunteers. These are the starting point for any classification question.
• Assemble current job descriptions and daily task lists for fundraising/development and volunteer management roles, including time allocation and examples of nonroutine duties. Concrete duties, not titles, determine exemption status under the duties tests.
• Document how volunteers and paid staff interact in your chapter’s programs: who supervises whom, who performs core mission work, and whether volunteers are truly free to decline assignments. The FLSA volunteer guidance focuses on control and compensation in these distinctions.
• Prepare concise examples and anonymized position descriptions you could submit if the Department opens a comment period. The Council asks chapters to share examples: “If you have examples of positions at your nonprofit that need more clarity from DOL about whether they meet the duties test for FLSA overtime exemption,please let us know” — that line preserves the source’s original spacing issue but signals the Council’s request for concrete cases.

What we still do not know and what to verify The supplied excerpts leave important gaps public managers must watch for and verify before acting on policy changes. The phrase “This fall” lacks a year and a docket; get the Federal Register notice and the proposed rule text before assuming any timeline. The exact content of Fact Sheet #14A and the FLSA Advisor pages on volunteers must be pulled from the Wage and Hour Division to confirm current text and publication dates. The Council’s excerpt references DOL openness, but there are no direct DOL quotes in the material provided; managers should seek an on-the-record statement from the Wage and Hour Division about how stakeholder input will be solicited. Finally, the Council’s call for examples does not include submission instructions or deadlines; check with the Council of Nonprofits for how they intend to collect and forward input, and whether they will host sample templates or compile a sector brief.

A compact checklist to prepare your chapter (sequential steps) 1. Pull job descriptions and sample daily schedules for any fundraising/development or volunteer management roles that mix strategic duties with operational tasks. 2. Map who supervises volunteers, how volunteer tasks align with mission delivery, and whether volunteers receive any compensation or benefits. 3. Compare those duties to the tests described in WHD Fact Sheet #14A and the FLSA Advisor pages on volunteers. Flag mismatches or ambiguous items. 4. If DOL publishes a proposed rule or request for information, prepare a short, evidence-based example from your chapter to submit during the comment period or through an intermediary like the Council of Nonprofits. 5. Contact A Simple Gesture leadership and the Council of Nonprofits to coordinate examples and avoid duplicative submissions.

Who to talk to and why The research indicates three clear conversation partners: Wage and Hour Division officials for the authoritative legal text and rulemaking docket; the Council of Nonprofits for sector coordination and a channel to collect examples; and your own chapter network at A Simple Gesture to surface on-the-ground examples. The Council’s material explicitly invites nonprofits to provide input and to name jobs “unique to nonprofits” that need clarity. Reach out to those organizations to learn whether they are compiling examples or hosting templates for comment submissions.

A final word on priorities This is not a theoretical compliance exercise. The Council’s normative line nails the bottom line: “Treating nonprofit employees fairly and legally – or, if you’re an employee, being treated that way – is essential to effective, sustainable organizations that serve the public good.” For A Simple Gesture chapters that rely on a mix of volunteers and paid staff, that means documenting the work, consulting WHD Fact Sheet #14A and the FLSA Advisor pages on volunteers, and preparing to participate in any DOL outreach. The agency’s potential rulemaking around salary thresholds and duties tests could change how you classify roles; gathering clear, job-level evidence now will let your chapter influence guidance that really maps to nonprofit work.