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Non profit with no employees

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sefnfot

Member
What is the name of your state?CA

My main question is: in regards to California labor code 3352. A 2. What is the maximum amount of food and expense reimbursement allowed under that code for a non-profit to reimburse a volunteer?

Is $1,000/ month too much?

Is it true that a non-profit is exempt from workers compensation when they have no employees but sometimes they do have volunteers?

Is it a material false claim and illegal for the alleged employee to fill out the workers compensation claim form with a false home address?

What if the alleged employee/ volunteer is homeless and a Drifter?
 


Just Blue

Senior Member
What is the name of your state?CA

My main question is: in regards to California labor code 3352. A 2. What is the maximum amount of food and expense reimbursement allowed under that code for a non-profit to reimburse a volunteer?

Is $1,000/ month too much?

Is it true that a non-profit is exempt from workers compensation when they have no employees but sometimes they do have volunteers?

Is it a material false claim and illegal for the alleged employee to fill out the workers compensation claim form with a false home address?

What if the alleged employee/ volunteer is homeless and a Drifter?
It seems, based on the way you have worded your post, that you had a homeless person working for you and s/he was injured. I really think you should splurge on a Labor Law Attorney.
 

LdiJ

Senior Member
What is the name of your state?CA

My main question is: in regards to California labor code 3352. A 2. What is the maximum amount of food and expense reimbursement allowed under that code for a non-profit to reimburse a volunteer?

Is $1,000/ month too much?

Is it true that a non-profit is exempt from workers compensation when they have no employees but sometimes they do have volunteers?

Is it a material false claim and illegal for the alleged employee to fill out the workers compensation claim form with a false home address?

What if the alleged employee/ volunteer is homeless and a Drifter?
There really isn't a fixed amount. Reimbursements should be based on actual expenses...on an accountable plan. A volunteer would not be eligible for worker's compensation, however if they were, any false information on the application would be a serious problem.
 

quincy

Senior Member
What is the name of your state?CA

My main question is: in regards to California labor code 3352. A 2. What is the maximum amount of food and expense reimbursement allowed under that code for a non-profit to reimburse a volunteer?

Is $1,000/ month too much?

Is it true that a non-profit is exempt from workers compensation when they have no employees but sometimes they do have volunteers?

Is it a material false claim and illegal for the alleged employee to fill out the workers compensation claim form with a false home address?

What if the alleged employee/ volunteer is homeless and a Drifter?
First, for the benefit of others, here is a link to California Labor Code section 3352:


An employer can reimburse a volunteer for meals, transportation, lodging and incidental expenses. How the volunteer is paid and how much the volunteer is paid can, if the employer is not careful, turn the volunteer into an employee.

An employer who relies on volunteers would be smart to carry insurance to cover volunteers who might be injured while performing volunteer services. Although an injured volunteer might have their own adequate health insurance, a homeless volunteer is likely to be uninsured. The employer could cover volunteers with general liability insurance or opt into workers compensation coverage, even though the latter would not be a requirement in your described situation.

If a volunteer is homeless, the homeless volunteer should establish a legitimate mailing address. Homeless shelters will often serve this purpose for a homeless worker. No one, homeless or not, should falsify records.

Here is a link to the U.S. Volunteer Protection Act - 42 US Code Chapter 139 (an amendment to this Act is sitting somewhere in some committee in Congress):


Speaking to a lawyer in your area is advisable.
 
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sefnfot

Member
First, for the benefit of others, here is a link to California Labor Code section 3352:


An employer can reimburse a volunteer for meals, transportation, lodging and incidental expenses. How the volunteer is paid and how much the volunteer is paid can, if the employer is not careful, turn the volunteer into an employee.

Here is a link to the U.S. Volunteer Protection Act - 42 US Code Chapter 139 (an amendment to this Act is sitting somewhere in some committee in Congress):


Speaking to a lawyer in your area is advisable.
Thank you , I just wanted to make sure that 3352 is still current.
I am a volunteer and contributor to the pastor; who is being harassed by a deadbeat drifter, who has filed this claim after being told not to come back . (The only activity this person has done is use a broom , made a stew with the utensils/crockpot that personally belong to the pastor; and he would deliver newsletters around town to different stores.)
It is 90% a scam against the pastor. ( BTW the pastor is still willing to continue to help this drifter with his financial hardships and medical expenses.)
So far I sent the attorney a post card from the non-profit with the following 2 lines:

□Claim Denied -- 3352 (a) (2)
□Claim Denied pending investigations ( this is to qualify for the 14 day requirement that allows an employer additional time to obtain additional information of the claim )


I have been advised to call the attorney that is processing the employees claim and I should tell them that the pastor is exempt from the workers compensation requirements/code and that they should stop any workers compensation related actions or they would be responsible for legal costs and harassment.
 

quincy

Senior Member
The pastor should seek advice from a legal professional in your area. Because you are a volunteer and a non-attorney, you should not be acting on his behalf.

As far as I know, the laws I linked to are current - but it would be smart to verify this with the lawyer your pastor contacts.
 
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