§3162 Waiver for individuals who perform volunteer services

Summary

Allows some people who volunteer for state or local governments, public agencies, or nonprofit groups that get federal money to be exempt from certain federal wage rules. To qualify, the person must do the work for civic, charitable, humanitarian reasons or just for personal pleasure, not expect pay (except limited payments below), act freely without pressure from any employer, not be helping a contractor on the same project, not work for a contractor or subcontractor on that project, and not already be employed by the same agency to do the same kind of work. The Department of Labor may allow volunteers who work directly for a state, local government, or public agency to get payments that cover expenses, reasonable benefits, or a small fee under rules the Secretary of Labor creates. Volunteers working directly for public or private nonprofits may not get those payments. The rules must look at the total amount paid and the economic realities. They may allow expense reimbursements (for example, uniforms, protective gear, meals, or travel), inclusion in group insurance or pension plans or service awards, and a nominal fee that cannot replace wages or be tied to productivity. The Secretary of Labor will decide what counts as a nominal fee, but must not allow payments that lower the usual local construction wages.