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.

There seems to be a trend for libraries that have Friends groups to hold fundraisers, donations, and membership drives at the library. In some instances, the library collects money for the Friends and pays it to them at a later date. Considering the cash handling procedures libraries have to worry about, is it allowable for libraries to collect Friends membership dues and donations then pay it back to the Friends?

There are so many ways the relationship between a library and their Friends can get "complicated."

Can you provide a template for an agreement between a library and their Friends?