Can a non profit pay volunteers?
Emma Jordan
Published Feb 26, 2026
In general, a nonprofit employer must treat payments to volunteers the same as payments to employees, which means that income tax and FICA contributions must be withheld. (See 26 U.S.C. § 3402). Living allowances, stipends and in-kind benefits should generally be treated like wages.
Can for profit companies use volunteers?
Under FLSA regulations, an individual cannot volunteer services to a private, for-profit company. There are no general regulations that permit volunteering of services to an employer in the private sector. According to the FLSA, an employer must pay all employees not less than the minimum wage for all hours worked.
Do companies have to pay volunteers?
When Congress amended the FLSA in 1985, it made clear that people are allowed to volunteer their services to public agencies and their community with but one exception – public sector employers may not allow their employees to volunteer, without compensation, additional time to do the same work for which they are …
Is volunteer considered employment?
Work that is unpaid may still be considered employment that requires F-1 or J-1 off-campus work authorization. Just because you are NOT getting paid, does not mean it is considered “volunteering” by USCIS. Many types of unpaid work are considered employment by USCIS.
What rights does a volunteer have?
Volunteers’ rights
- the level of supervision and support you’ll get.
- what training you’ll get.
- whether you’re covered under the organisation’s employer or public liability insurance.
- health and safety issues.
- any expenses the organisation will cover.
Is it legal for a nonprofit to pay a volunteer?
By paying a volunteer (even a nominal amount), a nonprofit may inadvertently risk the volunteer’s statutory limited liability protections under the Volunteer Protections Act of 1997 and Minn. Stat. § 317A.257. A nonprofit that decides to pay volunteers a stipend should keep the following things in mind [6]: 1.
Can a nonprofit give a nominal stipend to a volunteer?
By allowing “nominal” stipends, the law recognizes that nonprofits routinely show appreciation to their volunteers with small amounts of money or benefits: The FLSA recognizes the generosity and public benefits of volunteering, and does not seek to pose unnecessary obstacles to bona fide volunteer efforts for charitable and public purposes.
What should be the job description of a nonprofit volunteer?
Nonprofit volunteers should be just that—volunteers of their time without payment or expectation of compensation.
Do you have to pay taxes on a volunteer stipend?
Stipends or cash gifts of any amount (even allowable “nominal” stipends to bona fide volunteers) are generally taxable income. The volunteer recipient must report the amounts on his or her tax return and pay applicable taxes AND the organization must withhold taxes and make FICA payments – just as it does for employees.