A 40 Hour Per Week Volunteer? Second Circuit Says Yes

For forty hours, five days a week, for three years, Jayquan Brown provided services to New York City Department of Education's Banana Kelly High School. Brown, who was a graduate of the school, was unable to secure a paid job after graduation and began an unpaid "volunteer internship" with the school. In that role, Brown assisted with student conflict resolution, lunch supervision, detention, parent contact, student escort, answered the telephone and handed out report cards and progress reports. He testified that he accepted the position with the goals of building his resume, modeling himself after one of his mentors—the school's director of student life, and helping "show the kids that we do care."