Unpaid Work Experiences, Volunteering, And Internships
SELN WORKING DOCUMENTJune 2015 (updated Noveber 2015)Unpaid Work Experiences, Volunteering,and Internships.What did the states request?As SELN member states refine how employmentservices are defined, implemented, and reimbursed,questions arise about how to view certain workexperiences, and how to strategically use volunteeropportunities and unpaid work options.serving on a board orin an advisory group, orworking on a clothingdrive for a faith-basedorganization. Internships – Internshipsare temporary positions,either in for-profit ornonprofit organizations,with an emphasis on jobtraining. This publication looks primarily at unpaidinternships. Unpaid work experiences – Under certaincircumstances, individuals with disabilities arepermitted to work for a short period at any typeBackgroundVolunteer work, internships, and unpaid job explorationcan be effective strategies for individuals withdisabilities looking to gain work-related experience, aswell as assessments and training at places of business.However, such activities must be undertaken carefully,with a clear understanding of the purpose of theseactivities. All parties must know what is permitted froma legal perspective, as well as practical considerationsregarding the appropriate use of volunteer and unpaidwork experiences.This working document examines these issues,and provides guidelines on the role of volunteeractivities, internships, and unpaid work when assistingand supporting individuals with disabilities. Thisinformation is based on interpretation of variousfederal and state requirements. However, if readershave questions regarding specific situations, theyshould consult with the United States Departmentof Labor (DOL) Wage and Hour Division and theappropriate state agency (usually the state labordepartment) to ensure compliance with all applicablelabor laws and regulations.Understanding What’s AllowedThe following are the types of experiences discussed inthis publication, and the distinctions between them. Volunteering – Volunteering refers to typical unpaidactivities with non-profit groups that are open toall citizens. These might include making phone callsfor a political campaign, serving as an assistantcoach in a sports league, helping at a food bank,SELN workingdocuments containinformation collectedin response to SELNstate member requests.An SELN workingdocument is intendedto share work inprogress and may notbe a comprehensiveanalysis or compilation.of business without pay for job exploration,assessment, and training purposes. This ispermitted only within very specific parameters.The DOL has clear rules and guidelines on volunteering,internships, and unpaid work experiences. Each statehas additional laws and regulations. It is importantfor service providers (including schools) not to divein to the world of volunteer work, internships, andunpaid work experiences without having a strongunderstanding of what is and is not permitted.Awareness of these parameters is critical for serviceproviders, individuals with disabilities, and familymembers. These rules ensure that people withdisabilities are being treated fairly, that their rights arenot being violated, and that when placing individualswith disabilities into volunteer or unpaid positions, allapplicable wage and hour laws are being followed.Lack of awareness of these parameters can resultin possible action by the federal or state labordepartment against both the service provider, andthe volunteer organization or business where theindividual is participating in activities. Consequencesmay include legal and financial penalties, includingpayment of back wages.State Employment Leadership Network www.seln.org
State Employment Leadership Network www.seln.orgVolunteering: What it is andWhat’s PermittedAs with anyone else who volunteers, it’s importantto think through the reasons that someone with adisability is giving his or her time and talents for free.What are the benefits to the individual? Volunteering may be a step towards employment.It is a way of exploring interests, developing skills,gaining experience, building a resume, and makingconnections that lead to future paid jobs. At thesame time, volunteering should not be a longterm substitute for paid employment. Volunteer activities should be based on anindividual’s interests and preferences. When individuals are not working or areunderemployed, they may chose to volunteer inorder to keep busy and active while looking forpaid work.Where Individuals Can VolunteerIndividuals may volunteer only at non-profitorganizations. Volunteering is not permitted atfor-profit, private-sector businesses. Per the DOL,individuals may volunteer or donate their services for“public service, religious or humanitarian objectives”without expectation or receipt of payment.These additional factors can also help determine if anactivity meets the DOL’s definition of volunteering: The activity is generally part-time. The activities are the kind typically associatedwith volunteer work rather than paid employment. Services are offered freely and without pressureor coercion--i.e., the person is truly volunteering. Regular employees have not been displaced toaccommodate the volunteer. The individual does not receive or expect toreceive any benefit (beyond the experienceitself) from the organization where he orshe is volunteering. Volunteers may receivereimbursement for expenses, discounts onservices, refreshments, small appreciation gifts,etc. They may also be paid a nominal fee, but itcannot be a substitute for paid compensation, or2based on productivity. In general, organizationsshould be cautious in providing any sort ofpayments beyond expense reimbursement tovolunteers.Parent/Guardian ConsentRequirementsAn individual with a disability must be legallycompetent to freely volunteer his or her services. Perthe DOL, individuals under 18, and those over 18 whoare not their own legal guardian, cannot volunteerwithout the consent of their parent or legal guardian.Unpaid InternshipsUnpaid internships are distinct from volunteering, andare intended to allow an individual to gain job-relatedexperience. Per the DOL, individuals may participatein unpaid internships at both for-profit and non-profitorganizations, if all six of the following criteria are met:1.The internship, even though it occurs at theemployer’s place of business, is similar totraining that would be given in an educationalenvironment. For example, the internship teachesskills useful in other organizations, the intern doesnot perform the routine work of the business on aregular basis, and the business does not dependupon the work of the intern.2. The internship experience is for the benefit ofthe intern, and any benefit to the business isincidental.3. The intern does not displace regular employees(e.g., using the intern cannot result in an employeebeing laid off, cannot result in the employer nothiring an employee it would otherwise hire, andcannot result in an employee working fewer hoursthan he or she would otherwise work). The internmust also work under close supervision of existingstaff.4. The employer derives no immediate advantagefrom the activities of the intern, and on occasionits operations may be impeded due to the need toprovide training and supervisor to the intern.5. The intern is not necessarily entitled to a job atthe conclusion of the internship.Unpaid Work Experiences, Volunteering, and Internships.
State Employment Leadership Network www.seln.org6. There is a clear understanding by both theemployer and individual participating in theinternship that the intern is not entitled to paymentof wages for the time spent in the internship. In thecase of a minor, the guardian also must be madeaware that the internship is unpaid.For further details on internships, go profit organizations can pay stipends to internsas volunteers, but the amount of the stipend cannotexceed 20% of what an individual would have beenpaid for the same job.Unpaid Work Experiences forJob Exploration, Assessmentand TrainingUsing businesses for exploration, assessment, andtraining is considered best practice in the field ofdisability employment, rather than using simulatedwork environments (such as facility-based servicesand sheltered workshops). When undertakingan assessment, these types of experiences at anemployer’s place of business are typically called“situational assessments.” (See the resource sectionon the last page for information on conductingsituational assessments.)Under DOL provisions, individuals with disabilities canspend a limited number of hours engaged in unpaidwork experiences at a business for job exploration,assessment, and training. Per the DOL, these typesof unpaid work experiences are permitted when allseven of the following criteria are met:1.The individual is a person with physical and/or cognitive disability for whom competitiveemployment at or above minimum wage isnot immediately obtainable, and who willneed intensive ongoing support to succeed inemployment.2. The time spent at the place of business isfor vocational exploration, assessment, ortraining. It must be conducted under thegeneral supervision of staff from a rehabilitationorganization (community rehabilitation provider,disability agency), or in the case of a studentwith a disability, under the supervision of publicschool personnel.3. Employment in the community must be aspecific goal of the individual’s plan of service,specifying the need for exploration, assessment,or training activities. This must be written intothe individualized plan for employment (IPE) orindividual education plan (IEP).4. The individual’s activities cannot result inan “immediate advantage” to the business.“Immediate advantage” includes the following, allof which are not permitted. Displacement of regular employees. Filling of a vacant position by theparticipating individual with a disabilityinstead of regular employees. Relieving regular employees of assignedduties. The participating individual performs servicesthat, although not ordinarily performedby employees, are of clear benefit to thebusiness. The individual is under direct supervisionof employees of the business, rather than arehabilitation or school professional. The activities are conducted to accommodatethe labor needs of the business ratherthan according to the requirements of theindividual’s service plan. The individual’s service plan does notspecifically limit the time spent at anyone employer site, or in any specific jobclassification (i.e., the planning documentneeds to be specific regarding intent of theperson’s time at the employer site in terms ofduties and how long they spend there).5. Although the number of hours does notexclusively determine whether an unpaidwork experience is permitted, per the DOL,as a general rule, unpaid work experience ispermissible if the following hour limitations arenot exceeded. Vocational explorations: 5 hours per jobexperiencedpublic vocational rehabilitation, or other publicUnpaid Work Experiences, Volunteering, and Internships.3
State Employment Leadership Network www.seln.org Vocational assessment: 90 hours per jobexperiencedindividual is filing as part of an assessment, thebusiness is benefiting from having some filingcompleted. To address any concerns in this regard,be clear that the purpose of the activity is forexploration, assessment, or training; be explicitthat whatever benefit there is to the businessis incidental and immaterial; and ensure thatall other requirements are fully complied with(supervision by rehabilitation or school personnel,limitations on hours, no displacement of businesspersonnel, documentation, etc.). Vocational training: 120 hours per jobexperiencedIn the case of students, these limitations apply duringany one school year.6. The participating individual is not entitled toemployment after the unpaid work experience iscompleted. However, if the individual becomesan employee at that business, he or she cannotbe considered a trainee (i.e., unpaid for up to 120hours) at that particular employer unless workingin a different, clearly distinguishable occupation. 7. Upon request, documentation will be providedto the DOL Wage and Hour Division, indicatingthat the individual is enrolled in a communitybased placement program, that this enrollmentis voluntary, and that there is no expectation ofpayment.Further details of unpaid work requirements areavailable at: www.dol.gov/whd/FOH/ch64/64c08.htm.Considerations in Unpaid WorkExperiencesThere are a number of practical considerations inthe use of unpaid job experiences under these DOLguidelines: 4The use of unpaid work experiences mustconnect clearly with the goals and objectives ofan individual’s service plan, and there should bea particular rationale why the specific activitiesat that particular place of business are occurring,documented within the service plan. Simplyhaving an individual participate in unpaid workexperiences to “stay busy,” or because it’s astandard part of the “employment program” foreveryone, is not acceptable. The planning document (IPE, IEP) must state thespecific intent and purpose of the individual’s timeat the employer site in terms of the duties andnumber of hours that will be spent there. On the surface, some of the factors in termsof “immediate advantage” may seem to be achallenge to comply with. For example, if anA type of unpaid work experience that is generallynot permitted under these guidelines is taking agroup of students or adults on an ongoing basisto a business to perform job duties for no pay,unless each individual’s service plan specificallystates how this unpaid work experience isconnected to the individual’s employment goals,and specifies the number of hours of the unpaidwork experience. All other requirements within theguidelines must also be complied with.The DOL does not define the terms “vocationalexploration,” “vocational assessment,” or “vocationaltraining,” although these terms are defined in therehabilitation literature. The following are practicalapplications of these terms: Vocational exploration: Identifying types of jobsan individual may be interested in. Vocational assessment: Evaluating an individual’soverall employment skills and interest in/suitabilityfor specific occupations. Vocational training: Developing an individual’sskills for a specific occupation, with theexpectation that he or she will work in thatoccupation.Employers may have concerns over liability during thecourse of unpaid exploration, assessment, or training,in terms of an individual being injured or harming apiece of equipment. Given that the DOL has beenclear that an employment relationship does notexist, the individual would not be covered under theemployer’s workers compensation coverage.At the same time, it is important for the agencyor school to be prepared to reassure the businessUnpaid Work Experiences, Volunteering, and Internships.
State Employment Leadership Network www.seln.orgregarding any potential liability concerns. This mayinclude providing evidence of insurance coverageheld by the agency or school.position. This entails allowing the job seeker to trythe job for a few hours, a day, or even a couple ofdays, prior to a hiring decision by the business.It is highly recommended that there be cleardocumentation in the individual’s file regardingeach unpaid work experience. This should indicatethe type of experience (exploration, assessment,training), location, specific tasks, number of hours,and recording and analysis of the results. Thisdocumentation is useful in using these experiencesto guide the career exploration and placementprocess. This can also support the requireddocumentation for unpaid work experiences (notedabove) and address any potential concerns aboutthe nature of these experiences and compliance withDOL requirements.While the employer’s standard hiring processis generally the preferred choice, this process(application, interview, testing, etc.) does notalways create awareness by the potential employerabout the strengths and abilities of an applicantwith a disability. Due to physical challenges incommunicating, difficulties in verbally articulatingtheir thoughts, or simply lack of experience ininterviewing, some people with disabilities performpoorly in interviews, which can pose a significantbarrier in obtaining employment.Many of the issues regarding unpaid workexperiences can be resolved simply by having amechanism in place for payment by the agency orschool to the individual (minimum wage or higher),for the time spent at the place of business. Anorganization may have existing funds available,or could potentially get funding from communityfoundations or civic groups. Given that the fundinggoes directly to the person with a disability, and isdesigned to lead to employment success, fundingof these types of work experiences is a relativelysimple “sell.”It important to recognize that if the service provideris paying the individual, then an employmentrelationship does exist. This means that the individualwould fall under the coverage of the serviceprovider’s workers compensation insurance.Another challenge is that people with disabilitiesoften lack the work experience that demonstratestheir ability to perform successfully in a potentialjob. Additionally, limited academic skills can createchallenges in performing on tests. Therefore, a jobtryout approach can be an effective strategy--and canbe considered an accommodation within the hiringprocess under the Americans with Disabilities Act.If assessment is used as an alternative to thestandard hiring process, the following guidelines areimportant: It is imperative that the parameters of theassessment are clear to all involved, including thelength of the assessment, and at what point thehiring decision will be made. The person with a disability must be absolutelycomfortable with the idea of assessment as ajob tryout. When using assessment as a job tryout, it shouldbe clearly explained to the employer that thepurpose is to determine whether the individualhas the potential to successfully perform in thejob over the long term. The employer should notAssessment as “Job Tryout”Much of the discussion in this document hasfocused on use of business settings for explorationand assessment to determine the focus of jobdevelopment activities. When appropriate,consideration can also be given to use ofassessments as a “job tryout” as part of the actualhiring decision. Under this type of strategy, if apotential position looks promising, the employeris offered an opportunity to fully evaluate theindividual’s ability to perform the tasks of thenecessarily expect the individual to have masteredthe job at the end of the assessment, particularly ifhe or she has a longer learning curve. If the job tryout is unpaid, it must comply with theDOL requirements for unpaid work experiencesnoted earlier.Unpaid Work Experiences, Volunteering, and Internships.5
State Employment Leadership Network www.seln.orgGeneral GuidelinesRegarding Volunteering,Internships, and UnpaidWork ExperiencesVolunteering, internships, and unpaid workexperience can be part of efforts by individualswith disabilities to develop skills, abilities, andexperience that allow them to succeed in paidemployment. The following are suggestedguidelines for service providers in supportingindividuals in these types of activities:1.Make sure that all activities are based on anindividual’s skills, preferences, and interests,not simply to provide them some type ofactivity.2. Be clear about the type of activity, anddistinguish between volunteer activity,internship, and unpaid exploration,assessment, or training.3. Have a clear rationale for why these specifictypes of activities are being undertaken, andhow they support an individual’s goals andplans.4. Use internships and unpaid exploration,assessment, and training only as necessaryand for specific reasons, with carefulthought about how these will lead topaid employment. Do not spend timeand resources on these types of activitiesif the individual can successfully obtainemployment without them.5. Reinforce to all participants thatvolunteering is not an alternative to paidemployment, but rather an activity forthe individual’s personal enjoyment andfulfillment. It may also be an avenue forbuilding skills and connections that maylead to paid employment.6. Know the laws and regulations that apply tothe particular situation.6ConclusionIt’s well worth your time to familiarize yourself withthe rules and guidelines regarding volunteering andunpaid employment. Understanding the nature of theexperience (volunteering, internship, unpaid exploration,assessment, or training), the nature of the setting itwill take place in (nonprofit, for-profit), and the natureof the activity can ensure that the necessary rules andguidelines are being applied.Most important is avoiding situations that are inclear violation of the labor laws (e.g., an individual“volunteering” at a for-profit sector employer).If you have questions regarding a specific situation, visitthe US Department of Labor Wage and Hour Divisionwebsite for contact information (www.dol.gov/whd/america2.htm), or call them at 1-866-487-9243 or TTY:1-877-889-5627.ResourcesResources from the US Department of Labor Volunteer ers.asp Trainee s.asp Internship fact sheet:www.dol.gov/whd/regs/compliance/whdfs71.htm Guidelines on unpaid work exploration, assessment,and training for people with uational assessment information www.thinkcollege.net(search for “situational assessment” in search box)Note: The information in this publication is basedon interpretation of US Department of Laborlaws, regulations, and guidelines. It should not beconsidered as official legal guidance.Unpaid Work Experiences, Volunteering, and Internships.
State Employment Leadership Network www.seln.orgHow Does This Play Out?Sample ScenariosThe following are examples of situations regarding volunteering and unpaid work, and whether sucha scenario is permitted or not permitted. Joachim begins “volunteering” in a clerical position that is vacant at a non-profit organizationand hopes to eventually get hired. This is not permitted, unless it is done within the DOLguidelines for unpaid assessments and training. In such a scenario, meeting the requirements foravoiding “undue advantage” would likely be a challenge. As part of a school or service provider’s employment program, a group of six individuals goesto a for-profit business on an ongoing basis to do cleaning for no pay. Such a scenario wouldgenerally not be permitted, unless: a) the service planning document for each of the sixindividual specifies that a cleaning position is part of their job exploration, assessment, ortraining activities; b) the number of hours in the cleaning position are specified in the serviceplan and limited to those permitted under DOL guidelines; c) all other DOL requirements forunpaid work are complied with. Leonora has expressed interest in working with flowers and plants. Her service providerapproaches a local garden center about using the garden center as an unpaid assessmentsite. Duties are identified, and the service provider notes in Leonora’s service plan the specificjob duties and number of hours that will be used for the assessment. The staff are clear withthe garden center that this activity is strictly for assessment, and it is not “free labor.” Leonoraperforms the assessment at the garden center, under the supervision of service provider staff.This is permitted as an unpaid assessment. Tomeka has extensive work experience, but recently lost her job. She has typically requiredlimited post-placement supports. Her service provider tells an employer that they can eitherinterview Tomeka or do a short-term unpaid job tryout. Generally this would not be permitted,as Tomeka has already demonstrated that she has the ability to work at above minimum wage,and doesn’t need intensive ongoing support. Louis wants to work in the health care field. A volunteer opportunity has been identified ata hospital, distributing periodicals to patients, an activity always done by volunteers. This ispermitted as a volunteer opportunity to begin to expose Louis to a health care environment andbuild connections.Unpaid Work Experiences, Volunteering, and Internships.7
State Employment Leadership Network www.seln.orgDevelopment of the original version of this publication was fundedby the Massachusetts Department of Developmental Services(DDS) as part of the DDS Employment First Initiative.This publication was written by David Hoff. We would like to thank John Butterworth,Suzzanne Freeze, and Anya Weber for their contributions to this paper. We would alsolike to thank Margaret Van Gelder of the Massachusetts Department of DevelopmentalServices for her editorial guidance on the original version of this publication, andwillingness to share this information with the SELN communityThe State Employment Leadership Network (SELN) is a cross-state cooperative ventureof state DD agencies that are committed to improving employment outcomes foradolescents and adults with developmental disabilities. Working documents containinformation collected in response to state requests, and federal, state and local initiativesof interest to the SELN membership. They are intended to share work in progress but maynot be a comprehensive analysis or compilation. Working documents are updated overtime as information changes.State EmploymentLeadership NetworkFor more information:Suzzanne FreezeProject ManagerInstitute for Community InclusionUniversity of Massachusetts Boston100 Morrissey BoulevardBoston, MA 02125suzzanne.freeze@umb.edu617-287-4395 / 617-287-4350 (TTY)Rie Kennedy-LizotteProject ManagerNational Association of State Directors ofDevelopmental Disability Services (NASDDDS)113 Oronoco StreetAlexandria, VA 8Unpaid Work Experiences, Volunteering, and Internships.
Volunteering may be a step towards employment. It is a way of exploring interests, developing skills, gaining experience, building a resume, and making connections that lead to future paid jobs. At the same time, volunteering shou
2.3 Motivations for Volunteering and the Impact on Job Performance 21 2.4 Developing Specific Skills and Competencies 22 2.5 Skills Development and Type of Volunteering 23 2.6 Aspects of Volunteering that Support Skills Development 27 2.7 Conclusions 30 3. The Wider Personal Benefits of Volunteering 33 3.1 Introduction 34 3.2 Existing Literature 34
take paid time off to volunteer during work hours. Employees can choose to use their volunteering time to support a charity or community group of their own choice, or to take up an opportunity provided by their company. This guide brings together practical tips from employers who have successfully embedded volunteering into their organisations. Examples of employer-supported volunteering 1 .
volunteering can bring great benefits to both the individuals and the wider community. It is this dual benefit we want to invest in. Harnessing the power of volunteering, or youth social action, with sport and physical activity, to transform lives. cONTENTs WELcOME Welcome and Introduction 2 Section 1: Social action and volunteering at the moment 4
communities: volunteering is a situated practice; places and communities matter; and community change is relational and contextual. Volunteering is a situated practice Volunteering is a situated practice and a collective activity (Brodie et al., 2011). This collectiveness may be social (for instance, taking part in gardening at an allotment) or
Background and Objectives 3 Research Method 4 Key Takeaways 5 Detailed Findings 6 State of American Health 7‐12 State of Americans' Emotional Well‐Being 13‐16 Volunteering Behaviors & Attitudes 17‐25 Employer Influence on Volunteer Activities 26‐31 Impact of Volunteering on Physical Health 32‐41 Impact of Volunteering on Emotional Well‐Being 42‐50
Volunteering will help me succeed in my chosen profession. Volunteering will look good on my resume. Understanding I can learn more about the cause for which I am working. Volunteering allows me to gain a new perspective on things. Volunteering lets me learn through direct hands-on experience. 1 can learn how to deal with a variety of people.
volunteering has become more common among young people. The rate of volunteering by young people in Australia increased from 16% in 1995 to 27.1% in 2010. Young people are engaging in volunteering in diverse ways. For example, volunteer tourism particularly during the student gap year is a growing area of
Python is a general-purpose, interpreted high-level programming language. Its syntax is clear and emphasize readability. Python has a large and comprehensive standard library. Python supports multiple programming paradigms, primarily but not limited to object-oriented, imperative and, to a lesser extent, functional programming .
