NC court says formerly homeless vet was volunteer, not employee

A North Carolina federal judge recently held that a formerly homeless veteran performed services as part of a homeless rehabilitation program for his own benefit, rather than for the benefit of the organization running the program. As a result, he wasn't entitled to be paid for the hours he worked because he was properly classified as a volunteer under applicable wage and hour law. Companies using unpaid volunteer programs in the ordinary course of business should pay attention to this case because its analysis can help them determine whether their “volunteers” truly meet the volunteer test.

Facts

On September 2, 2015, formerly homeless Army veteran Gregory Armento enrolled in Asheville Buncombe Community Christian Ministry, Inc.'s Veteran's Restoration Quarters (VRQ) in Asheville, North Carolina.

The VRQ offers rehabilitative services to homeless veterans with the goal of making them self-sufficient, drug- and alcohol-free, and capable of establishing permanent housing and permanent employment. Among other things, the program provides homeless veterans with housing, meals, counseling, a gym, a chaplain, educational assistance, a computer room, a library, laundry facilities, nursing access, and psychologist services. To provide residents with the type of experience that will help them to become self-sufficient and employable, residents are required to perform 10 “service hours” per week while living at the VRQ, unless they are employed or attending school full time.