Know your volunteers. Healthcare facilities should review laws regarding employee status

For the most part, healthcare providers and volunteers have no legally enforceable obligations to one another. However, problems can arise for providers when they incorrectly categorize certain individuals, treating them as volunteers when for legal purposes they should be considered employees. The status of individuals who have never been employees and who perform volunteer services is usually not an issue, but questions can arise when an organization provides someone with an economic benefit other than cash in return for services. The U.S. Supreme Court has ruled that when individuals expect economic benefits (e.g., food, shelter, clothing, transportation, medical care), they may be legally in an employment relationship with the organization that provides them. Moreover, the question of whether work donated can be considered volunteer service arises most often when employees give time during off hours. The U.S. Department of Labor has ruled that individuals cannot be considered volunteers when performing their regular work in the same work week in which they were considered employees. Healthcare providers can also be held responsible for sexually or racially discriminatory behavior on volunteers' part. Finally, employers should take care that their use of volunteers does not give rise to a charge of an unfair labor practice.