Workers not covered by federal law — Wages/Hours

The Fair Labor Standards Act (FLSA) excludes from coverage the following types of workers who are not considered “employees” under the FLSA:

• elected officials and their personal staff
• political appointees and their legal advisers
• bona fide volunteers (see below, Bona fide volunteers)
• prisoners
• trainees (see, Trainees, apprentices and interns)
• independent contractors (see, Independent contractors).

In addition, note that some employees, although covered by the FLSA, are exempt from minimum wage and/or overtime requirements of the FLSA. See White-collar exemptions, and Additional exemptions.

Bona fide volunteers

Individuals who volunteer or donate their services, usually on a part-time basis, for public service, religious or humanitarian objectives, without contemplation of pay, are generally not considered employees of the religious, charitable or similar non-profit organizations that receive their service.

While employees cannot volunteer their services to for-profit private sector employers, they can volunteer their services on their own accord to public sector employers. However, public sector employers may not allow their employees to volunteer, without compensation, additional time to do the same work for which they are employed or to volunteer for their organization during regular business hours.

Employers may...

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