Some labor experts argue that for-profit hospitals are using unpaid workers to benefit their bottom line.
“The rules are pretty clear, and yet it happens all the time,” said Marcia McCormick, a lawyer who co-directs the Wefel Center for Employment Law at Saint Louis University. “It’s a confusing state of affairs.”
“We’ve lost so many volunteers,” said Ledbetter, who runs the volunteer group at East Cooper Medical Center. “They found something else to do.” The Fair Labor Standards Act prohibits “employees” — defined broadly as people an employer “requires or allows” to work — from volunteering their time to for-profit private employers. The same law also requires these employees to be paid no less than the federal minimum wage.
“The Department of Labor sends a letter to the putative employer warning them that it thinks the FLSA is being violated,” she said, “and it may not take any other action. And it only issues news releases for big cases.”But this isn’t to say that, in some cases, individuals can’t donate their time in a for-profit setting.
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