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You are supporting Brad, a 19-year-old male with autism who has a paid job in the mail room at a bank. The mail room employees are holding a blood drive for a non-profit organization after work and have asked Brad to join them in this volunteer service. According to the Fair Labor Standards Act (FLSA), why should Brad NOT be paid for this volunteer activity?
Correct Answer: A
According to the FLSA, individuals may volunteer their services to public agencies for civic, charitable, or humanitarian reasons, without being considered employees of the public agencies, as long as they offer their services freely and without coercion, and they do not perform the same type of services as their regular employment1. Therefore, Brad can volunteer for the blood drive, which is a charitable activity organized by a non-profit organization, without being paid by the bank, which is his private sector employer. The other options are incorrect because they either misstate or contradict the FLSA provisions regarding volunteers. There is no prohibition against employees with disabilities from volunteering in any capacity or line of work in the public sector, as long as they meet the same criteria as other volunteers1. Being paid is not required for volunteers with disabilities, unless they are employed by the same public agency that they volunteer for2. People are not allowed to volunteer their services to public agencies when they are doing work that is the same as the work in which they are employed, regardless of whether their employer is a public or private entity1. References: Fact Sheet #14A: Non-Profit Organizations and the Fair Labor Standards Act (FLSA), eCFR :: 29 CFR Part 553 Subpart B - Volunteers