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.

If a nonprofit organization is unionized, may they have volunteers as part of a collaborative effort with another organization for a service that is not currently provided? For example, could they collaborate with a volunteer organization for an outreach service that is not currently provided?

My library has long been in the practice of charging what we often refer to as a "research fee" or "consulting fee." I am familiar with some libraries who have a similar practice, but wonder if it's legal for us to charge an hourly rate for work done by volunteers? The workflow has always been as follows: a reference request is received by the Librarian, a determination of whether the question is appropriate for our collection is made, then the work is delegated to a volunteer. In general, we've never taken on a job of over 2 hours, and most questions relate to our genealogy collections / searching vital records.