"Volunteer Status"

[cbg]

If they paid him a dollar a year, which the article does NOT say, then it's about 99% certain that the school district violated the law in doing so. For that matter, if they paid him zero dollars, it's about 99% certain that the school district violated the law in doing so.

I am also of the opinion that you'd be declined for UI if you are working for a job in which you should be paid. And while I do not consider myself an expert, I do have some experience with unemployment in PA.

 

[Dale Sr]

There is nothing in that article that says he was paid a dollar a year. It says he works for NO pay.

There are occasions when one can be allowed to volunteer at NO pay. I don't know if this is one of them because I don't know what he did as a volunteer. There are no circumstances when you can be paid less than minimum wage times hours worked. That would be a violation of the Fair Labor Standards Act.

He received $1. I saw the paystub.

 

[Dale Sr]

I confirmed with the school solicitor that there is no issue with signed a personal contract for $1/year. He has seen it many times with schools and municipalities in PA. He is the solicitor for 6 local districts and several municipalities. He has been practicing law in PA for about 40 years. If I was part pf act 93 or in one of the unions it would be a different story. So long as it is a personal contract, there is no issue.

He is not familiar enough with PA UE law to say for sure off the top of his head, but he believes I would not be eligible for UE benefits. He is researching to confirm.

 

[cbg]

Fine. So you have all the answers and somehow the Fair Labor Standards Act is waived for your convenience. I wouldn't want to be in your "school solicitor's" shoes when the DOL shows up but that's not going to be my headache. You might want to research the difference between independent contractors and employees but other than giving you that tip as to why you are walking into a minefield, I'm done here. I'm not wasting my limited time on someone who doesn't believe what he's told.

 

[Dale Sr]

Fine. So you have all the answers and somehow the Fair Labor Standards Act is waived for your convenience. I wouldn't want to be in your "school solicitor's" shoes when the DOL shows up but that's not going to be my headache. You might want to research the difference between independent contractors and employees but other than giving you that tip as to why you are walking into a minefield, I'm done here. I'm not wasting my limited time on someone who doesn't believe what he's told.

I'm well aware of the difference.

I choose to believe what I have been told by a PA school/municipality solicitor with direct experience with the matter at hand.

 

[cbg]

Particularly since he's telling you what you want to hear.

 

[Taxing Matters]

I confirmed with the school solicitor that there is no issue with signed a personal contract for $1/year. He has seen it many times with schools and municipalities in PA. He is the solicitor for 6 local districts and several municipalities. He has been practicing law in PA for about 40 years. If I was part pf act 93 or in one of the unions it would be a different story. So long as it is a personal contract, there is no issue.

And are these independent contractor arrangements? If so, then I agree with him that there would be no violation of the minimum wage laws. But if these are actual employees then these arrangements would violate the minimum wage laws. The school solicitor may not be expert in the minimum wage laws. Whether a person is an employee depends on the details of the arrangement with the employer. The parties slapping a label of independent contractor on the arrangement counts for very little in that regard.

He is not familiar enough with PA UE law to say for sure off the top of his head, but he believes I would not be eligible for UE benefits. He is researching to confirm.

For the reasons I explained before, that was my initial read of the PA UE law too.

 

[not2cleverRed]

OK then, so one CAN be legally put on payroll for $1/year (which BTW he did receive, not $0, from what I was told).

So this brings us back to my original question:

If they put me on payroll for $1/yr, will this prevent me from collecting unemployment?

Maybe. Probably yes, if you aren't actively pursuing full time employment, and deliberately forgoing pay so you can "volunteer".

 

[Dale Sr]

Maybe. Probably yes, if you aren't actively pursuing full time employment, and deliberately forgoing pay so you can "volunteer".

Not following you.

 

[Dale Sr]

And are these independent contractor arrangements? If so, then I agree with him that there would be no violation of the minimum wage laws. But if these are actual employees then these arrangements would violate the minimum wage laws. The school solicitor may not be expert in the minimum wage laws. Whether a person is an employee depends on the details of the arrangement with the employer. The parties slapping a label of independent contractor on the arrangement counts for very little in that regard.



For the reasons I explained before, that was my initial read of the PA UE law too.

They are employees. But they have individual contracts (not at-will).

They are not independent contractors. They are on payroll, have taxes withheld, receive a W2, etc.

They are bona fide employees earning an annual salary of $1 per year as agreed upon in their signed contracts.

 

[Dale Sr]

Particularly since he's telling you what you want to hear.

No, he told me he doesn’t think I could collect UE which is exactly what I DON’T want to hear.

 

[cbg]

But he is telling you that you can "volunteer" as an employee in violation of the law. Which is what you wanted to do.

Tax and I both told you the same thing about UI.

 

[Dale Sr]

And then there all these CEOs who have $1 salaries.

https://thehustle.co/1-ceo-salary/

 

[Dale Sr]

But he is telling you that you can "volunteer" as an employee in violation of the law. Which is what you wanted to do.

Tax and I both told you the same thing about UI.

I would be an employee with a boss, duties assigned. My status as volunteer would cease. I would be an employee with a $1 salary.

 

[cbg]

Well, when you become the CEO of a major corporation, you too can look into the benefits of donating your salary. (You didn't read that article through to the end, did you?) Until then, the Fair Labor Standards Act does not permit you to be an employee at a dollar a year.

Not that I think you're going to pay any attention to anything that doesn't conform to your intent.