Salvation granted by trial court, reversed by higher authority

Courts have struggled with the concept of voluntary labor, erring on the side of employee protection, even when that means that wanted voluntary positions become unavailable. Though we thought the analytical rules were settled, the California Court of Appeal thinks otherwise and presents a brand-new test to judge the existence of an unpaid volunteer position.

Is it a job, or ‘work therapy’ and rehab?

The Salvation Army is a nonprofit religious organization that owns and operates facilities in San Francisco, Stockton, and Chico that provide six-month residential drug and alcohol rehabilitation programs. Seeking substance abuse treatment, Justin Spilman, Teresa Chase, and Jacob Tyler each voluntarily entered a Salvation Army adult rehabilitation program on one or more occasions between 2015 and 2020. Spilman and Chase selected the Salvation Army’s program to resolve criminal proceedings via probation rather than incarceration.

Each rehabilitation facility has a residence where rehabilitation program participants live and attend classes and meetings, a warehouse for collection and processing of goods donated to the Salvation Army, and a thrift store where donated goods are sold to the public. The Salvation Army uses revenue generated by the thrift store sales to fund its charitable activities, including the  rehabilitation program.