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ARTICLE · 04 JANUARY 2022

Volunteers May Work For Nonprofits Without Compensation

Proskauer Rose LLP
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The California Court of Appeal has definitively resolved an issue that was until now somewhat ambiguous: Can volunteers in fact volunteer their time for nonprofit organizations...

United StatesEmployment and HR
Anthony Oncidi
Anthony Oncidi
Sehreen Ladak
Sehreen Ladak
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The California Court of Appeal has definitively resolved an issue that was until now somewhat ambiguous: Can volunteers in fact volunteer their time for nonprofit organizations without receiving pay or other forms of compensation? The answer is YES. Woods v. American Film Institute, Case No. B307220 (Cal. Ct. App. Dec. 17, 2021).

Laurie Woods worked for four days as a volunteer at the American Film Institute's ("AFI") annual Film Festival in Los Angeles. (AFI is a 501(c)(3) nonprofit organization dedicated to celebrating excellence and creating educational initiatives in film.)

After the Festival, Woods filed a putative class action against AFI for wage and hour violations, seeking compensation for unpaid wages and meal and rest breaks, arguing that she and other similarly situated volunteers were in fact employees. The trial court denied Woods' motion for class certification on the ground that common questions would not predominate over individual issues for the

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