Recently Asked Questions (RAQs)

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.

I work at a library with a diverse range of employee types, including part-time, full-time, union, and non-union staff. Unfortunately, time tracking methods vary widely, with most employees using paper timesheets. There are also inconsistencies in how comp time, overtime, flexible schedules, and double time are applied, even for those not in the union.

What is the best approach to standardize and streamline scheduling, timekeeping, and compensation management for greater efficiency?

Thank you for your guidance.

[We got a question from a library system...]

It recently came to our attention that a civil service department overseeing hiring for a public library was not allowing a job candidate’s experience at an Empire State Library Network (ESLN) council to count as valid library experience at a “library of recognized standing.”

The department stated that they do not consider working at an ESLN council—or any other library system—to be equivalent to experience in an actual library setting, and therefore would not count it toward the candidate’s qualifications.

This raises concerns. Many of us working in library systems view our roles as part of the broader library sector. Systems typically require significant library experience to qualify for these positions, and we often serve as a resource for our member libraries because of that expertise. It’s generally understood that this experience is transferable across library types.

How should job candidates respond when faced with situations like this? Many applicants may need to include their years of system-level work in order to meeting job requirements. Do you have some guidance or strategies for navigating this issue? Thank you!

A former employee who was fired for cause was denied unemployment benefits from DOL and has appealed the decision. Our board has been advised by our outside HR provider to not have contact with the former employee to make sure they don’t provide any support for the appeal or a legal claim. Is that a valid concern?

[NOTE: This submission is based on real-life questions about the new requirement imposed by New York State Labor Law Section 590(2).]

I heard that as of November 13, 2023, ALL employers in New York must notify an employee of the ability to apply for Unemployment Benefits upon "separation of employment" OR if their regular weekly hours are reduced to below 30.  I have several questions:

Is this true?

Does this new law really apply to ALL employers in New York (even a town or village public library)?

Does the new law apply even if the employee is resigning or retiring?

Does the new law apply to no-show employees or others who may have abandoned their employment?

Is there a form for this notice?

When does this notice have to be provided?

Why was this law passed?

Is there a model policy for this law?