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McOmber McOmber & Luber, P.C.

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501
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Can My Employer Force Me To Volunteer?

Many companies support non-profit and other organizations with contributions that are more than financial. Being a good neighbor or part of the local community makes good business sense and demonstrates that the company has more on its mind than its own balance sheet. After a relationship has been established with a cause, companies may want to show more tangible evidence of their support by helping out in person. Often, this means asking for volunteers from the company workforce to turn out for events held for the charity being supported.

Some employees report feeling strongly pressured through email communications from management to volunteer for events that the company is sponsoring or hosting. Typically, time spent volunteering falls outside the normal workday and is either after hours or on the weekend. Many employees fear retaliation for not participating in the suggested events. This begs the question of what one is truly obligated to do outside of one’s job, but remember this: your employer cannot force you to volunteer unless it is specified in your contract.

How To Handle Being Asked To Volunteer

Every state has different laws for minimum wage and overtime, but federal law mandates that all non-exempt employees who work more than 40 hours in a week be paid the overtime rate. An employer cannot require you to volunteer and work unpaid hours unless it falls under your job description. If the volunteering is presented with the threat of adverse employment action if you do not comply, then you may have a claim for unpaid wages. Employees who wish to inquire or complain about the pressure to volunteer their time can go to human resources, a supervisor, or whomever the company’s policy designates to handle such issues.

Other options include ignoring the email notices to volunteer, and hoping that there are no adverse consequences for not participating. Better perhaps, is approaching the sender directly to ask if attendance is mandatory. If you can not or choose not to attend, be sure to make that clear and offer an explanation. That way, it can be noted that there was a reason you did not show up to help at the event. Many people choose to volunteer out of support for the cause the company has chosen. Simultaneously, volunteering also enhances the professional profiles of those who donate their time. As such, they may have a professional interest in taking part in a company-wide effort to support a charitable organization.

If time permits, and if there is no threat of retaliation for non-compliance, then it may be in your interest to volunteer. Choose a high-profile event and make your presence known so your supervisor knows you were there. However, if suggestions for volunteering feel more like threats to the stability of your employment situation, then contact an experienced employment lawyer to see if your situation is covered under the Fair Labor Standards Act or your state’s wage and hour law.

Related FAQs

  • What Are Your Rights as a Restaurant Employee?

    About 34% of workers in the restaurant sector quit their jobs or want to do so. Even though this is an excellent way to get experience and make money, working at a restaurant is no walk in the park. The work environment is quite stressful, and the wages aren’t the best.

    To make sure you’re being treated properly and lawfully, it’s crucial to be aware of the rights you have as a restaurant employee. Some restaurants take part in unlawful behavior that infringes on the rights of employees to make more money.

    Read More
  • What Happens to Employee Tips?

    The truth is that it depends on the restaurant that you’re in. Different restaurants have varying tipping policies.

    Some restaurants may have pooled tips, while others may have direct tips. These two are the most popular options for restaurants around the country.

    Read More
  • What’s a Tipped Employee?

    A tipped employee is a legal term that’s used to describe a career field that relies on tips in a major way. This is someone who receives at least $30 or more per month in tips. These kinds of jobs are almost exclusively in the service industry.

    Read More
  • What’s the Tipped Minimum Wage?

    The tipped minimum wage for New Jersey is $5.26 per hour. As you can see, this is significantly lower than the standard minimum wage in the state. However, it’s much higher than most other states in the US.

    Read More
  • Can Employers Change Wages?

    Under state law, employers are entitled to change their employees’ wages. They need to give you advance notice and it can’t be done retroactively. However, they may not reduce your pay below the state minimum wage if you are in a qualifying job.

    Read More
  • How Many Hours Should You Work Each Week?

    Under the new legislation, a standard working week in most jobs is 40 hours. This means that you are entitled to overtime pay for every minute you work over 40 hours.

  • Are Noncompetes Enforceable? 

    While many may view noncompetes as unethical and questionable, there is some good news. Just because an employee breaks their noncompete does not mean they are in peril of consequences. A court will decide whether to uphold noncompete clauses depending on the situation. 

    Read More
  • Which Industries Use Noncompetes? 

    Noncompetes affect a wide range of industries. These can be high-level employees such as engineers and executives. But it can also affect smaller-scale jobs such as hairstylists and workers in a warehouse. 

    Read More
  • Can I be disciplined or terminated if I refuse to be available while on vacation?

    You need to review your company’s policies and procedures for taking vacation days. If you believe you are being singled out or treated unfairly compared to other employees who take vacation days, your employer may be in breach of contract or in violation of federal or state law.

  • Can my employer call me during vacation or ask me to do work while I’m on vacation?

    If you are an hourly, non-exempt employee and your employer contacts you during vacation, your employer will likely be required to pay you for the time you spend working. An hourly, non-exempt employee is someone who is paid an hourly wage and is entitled to minimum wage and overtime for working over 40 hours per week.

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Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
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  • 50 Lake Center Drive Suite 400, Marlton, NJ 08053
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  • 60 Park Place Suite 307, Newark, NJ 07102
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  • 11 Broadway, Suite 615 New York, NY 10004
    929.566.1300

Philadelphia Office

  • 1650 Market Street, Suite 3600 - No. 973 Philadelphia, PA 19103
    267.777.7800

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