Submission Date
Question
Can employees volunteer at the library where they work, specifically in New York State?
We have had this come up quite often and the word has always been, employees cannot under any circumstances volunteer at the place they work. Since libraries have programming like holiday events outside of regular working hours, employees like to lend a hand but have been told they cannot.
The Fair Labor Standards Act from the US Department of Labor says that for nonprofits, employees may volunteer at their workplace, if it is work outside their regular duties. Our example, under FLSA, would be if a library page wants to help with our gardening. The gardening is outside their regular duties and can volunteer. If it was volunteering to shelve books, that wouldn’t be permitted.
We cannot find anything in state law or anywhere else that clarifies whether employees are permitted to volunteer outside their regular hours. This is especially critical for large events or for people that work at a circulation desk. They cannot leave their post to do anything else.
Answer
There is no law in New York State that prevents public library employees from volunteering at the library they work for, but there are other things that can forbid such volunteering or make it so risky that it is not worth it.
Those things are:
- A union contract that forbids it.
- A library board-approved policy that forbids it.
- A municipal policy that forbids it and applies to the library because the library’s employees are covered by the municipality’s workers’ compensation insurance.
- There is no clear path forward to volunteering, so everyone worries that it is wrong (this is the most common impediment).
A library that wants to enable employees to joyfully volunteer their time[1] can follow the checklist below to create a clear path forward.
| 1. | Does the Library have a union contract that bars employees from volunteering? | If yes, stop right there. Employees can’t volunteer. Otherwise, keep going! |
| 2. | Does the Library have a policy that forbids employees from volunteering? | If yes, stop right there. Employees can’t volunteer. Otherwise, keep going! |
| 3. | Did the Library agree to a policy or practice that bars employees from volunteering as part of getting employee insurance, employee benefits, or payroll services through a sponsoring school district or municipality? | If yes, stop right there. Employees can’t volunteer. Otherwise, keep going! |
| 4. | Does the Library have a volunteer policy specifying:
| If not, stop right there. No one should volunteer just yet. The Library should take some time to firm up the process for volunteering (after which you can return to this checklist). For more from Ask the Lawyer about volunteer policies, see Adult and Student Volunteers in School Libraries. If the Library has a volunteer policy as described, keep going! |
| 5. | Does each employee at the Library have an up-to-date job description that outlines what their duties are? | If not, stop right there. Before employees volunteer for tasks that are NOT part of their job, the tasks that ARE part of their job should be clearly delineated.[2] So, before continuing, the Library should take some time to firm up job descriptions (after which you can return to this flow chart). Otherwise, keep going! |
| 6. | Are the volunteer opportunities the employee may be interested in clearly described, so they can be clearly assigned and adhered to? | If not, stop right there. Before employees volunteer for tasks that are not part of their job, the tasks that are part of the volunteer experience should be clear. The Library or the organization asking for volunteers should take some time to firm up the volunteer opportunity (after which you can return to this flow chart). The tasks should be in the volunteer letter or sign-up sheet. If they are, keep going! |
| 7. | Does the Library have a section on “employees as volunteers” in its volunteer policy and/or in a volunteer letter the employee will get? This can help ensure the boundaries and expectations of the volunteer experience are clear. | Because an employee volunteering can quickly become convoluted with an employee’s work, clarity is important. Sample text for an “Employees as Volunteers” section to add to a Library’s volunteer policy is below. NOTE: Policy changes like this should be reviewed by the Library’s lawyer whenever possible (who will want to check it against the Library’s volunteer insurance). |
| 8. | Does the Library or organization sponsoring the event have insurance that covers injuries to and actions by volunteers? | If the answer is “no” or “we don’t know,”[3] it is best to check the insurance policy before moving ahead. The Library should confirm the limits of its volunteer insurance every year. Some insurance policies actually exclude coverage for employees who are volunteering when an issue occurs, so clarity on this is important! |
| 9. | Has the Library made it clear that volunteering is not a requirement of employment? | This should be addressed in the Volunteer Policy, and care must be taken to not seem to treat employees who volunteer “better” than those who choose not to (or cannot). |
| 10. | Finally, can the Library and the leaders of the volunteers resist the temptation for an employee-volunteer to use their access and skills as an employee from time to time? Examples of this “volunteer drift” would be:
| This comes down to training, awareness, and adherence to policy. Many volunteer efforts are led by community group leaders (Friends, etc.) that are great at making events happen but that might not be familiar with the concerns related to employees as volunteers or library law and ethics. A good policy or volunteer letter can help avoid this situation, so long as volunteer leadership remembers it in the moment! The below sample letter addresses this. |
A template letter for an employee volunteer is:
RE: Volunteering at the ABC EVENT
Dear EMPLOYEE:
Thank you for agreeing to volunteer at the ABC EVENT!
During this event, you will be INSERT ACTIONS. Your volunteer service will be coordinated by EVENT LEADER.
EVENT LEADER knows that you are serving as a volunteer and that you may not be asked to perform any of your usual duties at the event. If there are any concerns about that, please alert me immediately.
The Library’s Volunteer Policy sets out the rules for volunteer service.
I hope you have a great time helping out with this event!
Gratefully,
DIRECTOR
Sample text for an “employee volunteers” section to add to a volunteer policy is:
Employees as Volunteers
Employees are welcome to volunteer at community events hosted by the Library and Library affiliates at or for the Library [such as the Friends].
Just like for all other volunteers, each employee volunteer experience will be confirmed by a letter or sign-up sheet that sets out the activities that the employee will do on a voluntary basis.
To minimize the perception of improper pressure to volunteer, employees will never be asked by the Library or its affiliates to volunteer; all service must be initiated by the employee expressing interest in a generally known opportunity.
Employees volunteering shall not perform their regular duties or use their employee access during the volunteer experience. Events that require the assistance of Library employees for things like opening and closing the Library and use of Library resources shall not rely on employee volunteers; use of employee access and/or employee proficiency with Library resources must be paid employee time. This must be taken into consideration when volunteer events are planned.
Employees who violate Library policy in the context of a volunteer experience may be subject to consequences, but such violation shall not be evaluated as job performance.
Employees shall not receive rewards or benefits for volunteer service from the Library, except those accolades given to all volunteers generally (for example, a public acknowledgement of service).
Thank you for a great question!
[1]^ I like the example of helping in the library’s garden, for a person whose job description and routine duties have nothing to do with mulching (and the only “weeding” is of books).
[2]^ There are several more compelling reasons why job descriptions should be up to date, including compliance with the Americans with Disabilities Act and guarding against accusations of discrimination and violations of civil service laws and regulations.
[3]^ Sometimes the answer is, “How the heck would we know that?” The answer is in the insurance policy (not just the summary, but the actual policy, which is usually 30-100 pages). A library can also ask the broker; make sure to get the answer in writing. For more, see the Empire State Library Network’s Unlocking the Mysteries of Directors & Officers Insurance (learning checklist here).
[4]^ I know a librarian would not do this, but they could be asked, and having to explain library ethics and CPLR 4509 in the midst of a Library Fun Fair can be a real downer.