It's a cliché because it's true. Especially for
volunteers.
Gentle reader, perhaps you or your friends serve the community
as directors of non-profits. Most non-profits and many local
government quasi-public entities rely heavily on volunteer board
members. These good people give their time and talent for the good
of society. They get pretty much nothing in return other than some
community good will.
Then they get sued. And then they get a surprise, and it
isn't good.
Individual liability can be imposed under the Fair Labor
Standards Act, ERISA, state defamation laws, and so on. Generally,
to be liable under federal law, the individual must have some
measure of control over the challenged decisions. Generally, under
state law, there is qualified immunity for individuals serving in a
volunteer capacity. So, in theory, the individuals are protected
from lawsuits.
