DOL guidance warns A Simple Gesture chapters: distinguish volunteers from employees

“Nonprofit leaders — including volunteer-driven networks like A Simple Gesture chapters — must carefully distinguish volunteers from employees because the legal and tax consequences are significant.” That sentence anchors a federal warning that an internal report tied to U.S. Department of Labor guidance, though the report’s excerpt cuts off before specifying which DOL documents it meant. The missing detail leaves chapters such as High Point, North Carolina, facing uncertainty about how federal rules apply to their volunteer networks.

A Simple Gesture is a national non-profit founded in Paradise, California, and the organization’s mission rests on small acts. “A Simple Gesture – a national non-profit founded in Paradise, California, is exactly what the name implies: a simple gesture. Because the simplest gestures – when done with intention and vision – can have the biggest impact,” the chapter profile states. Outreach Coordinator Karen Brudnak recounts the origin: “A Simple Gesture started when a group of friends sitting around said, ‘The food pantry shelves are bare, what are we going to do about it?’” That origin story underpins High Point’s volunteer-driven model.

High Point’s operation puts the policy question in sharp relief. David Lees is pictured “standing in the West End Ministries food pantry,” and is identified in chapter material variously as “Director of Volunteers,” “Director of Volunteer Drivers,” and “Vice Chair of Board of Directors.” Lees describes the early buy-in: “Several of us just said yes,” noting it “cost the church nothing and empowered their members with a simple way to love and serve their fellow neighbors.” He adds, “The problem isn’t that there isn't food in High Point; the problem is the distribution... It went out to my heart that people are in need. I had a voice, and I decided to use it.”

That volunteer energy now supports scale: in a little over three and a half years the High Point team “has grown from three drive teams to now more than 28 drive teams,” picking up groceries from “over 800 homes in the area.” Drivers are scheduled for “one Saturday every other month,” covering routes “usually only 30-40 miles,” and the chapter supplies each driver “with a list of pick-up spots and map software that will give them step-by-step instructions.” The chapter also invites people to “Request a green grocery bag from A Simple Gesture to start donating,” or to “Volunteer to be a driver to pick up grocery bags every other month.”

Volunteer retention and role clarity are practical levers chapters can use today. Starchapter’s volunteer-appreciation guidance notes, “Acts of service. Some volunteers feel appreciated when others lend a helping hand or make their tasks easier,” and suggests concrete steps such as offering “training sessions or more effective tools,” arranging “transportation for volunteers,” providing “snacks and refreshments during long shifts,” and regular check-ins. The guidance also highlights “Gifts. Some volunteers feel most appreciated when they receive thoughtful tokens of gratitude,” including “branded T-shirts, reusable water bottles or portfolios” and milestone recognitions like “a certificate of appreciation or a framed photo of the team.” It cautions that “Physical touch. While this love language may be the most challenging to use in a professional setting, it’s not impossible,” and recommends consent-based approaches.

For chapters that run dozens of drive teams and serve more than 800 homes, the unsettled federal citation is more than academic. With David Lees listed under multiple titles in chapter materials and with volunteer drivers operating on recurring routes, the distinction between a volunteer gesture and an employee role matters for payroll, taxes, and liability. Until the full DOL guidance and any related IRS or state materials are produced, leaders at A Simple Gesture chapters such as High Point will need clear role descriptions, documented commitments, and volunteer-management practices like those Starchapter recommends to keep mission work from drifting into employee obligations.