Federal and state wage and hour laws (like the Fair Labor Standards Act) provide that all “employees” must be paid either: (i) an hourly wage of at least the applicable minimum wage and overtime for hours worked over 40 in the work week; or (ii) , for certain “exempt” employees, a minimum weekly salary of least $455. Currently, the federal and New Jersey minimum wage is the same - $7.25 per hour
1. The individual must be performing services for civic, charitable, or humanitarian reasons.
2. The individual must be providing those services without promise, expectation, or receipt of compensation for services rendered.
3. The individual should be providing the services in a part-time capacity.
4. The individual must provide the services freely and without pressure or coercion, direct or implied, from an employer (including the promise of future employment)
5. The individual must not displace any regular employees; stated another way, the individual must not perform work that is essentially being performed by other employees.
6. The individual must be performing services which are of the kind typically associated with volunteer work.
For more information regarding volunteers, see the U.S. Department of Labor website.