Iowa Admin. Code r. 875-220.15 - Payment of expenses, benefits, or fees
(1) Individuals
would not lose their volunteer status because they are reimbursed for the
approximate out-of-pocket expenses incurred incidental to providing volunteer
services; for example, payment for the cost of meals and transportation
expenses.
(2) Individuals do not
lose their status as volunteers because they are reimbursed for tuition,
transportation and meal costs involved in their attending classes intended to
teach them to perform efficiently the services they provide or will provide as
volunteers. Likewise, the volunteer status of individuals is not lost if they
are provided books, supplies, or other materials essential to their volunteer
training or reimbursement for the cost thereof.
(3) Individuals do not lose their volunteer
status if they are provided reasonable benefits by a public agency for whom
they perform volunteer services. Benefits would be considered reasonable, for
example, when they involve inclusion of individual volunteers in group
insurance plans (such as liability, health, life, disability, workers'
compensation) or pension plans or length of service awards, commonly or
traditionally provided to volunteers of government agencies.
(4) Individuals do not lose their volunteer
status if they receive a nominal fee from a public agency . A nominal fee is not
a substitute for compensation and shall not be tied to productivity. However,
this does not preclude the payment of a nominal amount on a "per call" or
similar basis to volunteer firefighters. The following factors will be among
those examined in determining whether a given amount is nominal:
a. The distance traveled and the time and
effort expended by the volunteer;
b. Whether the volunteer has agreed to be
available around the clock or only during certain specified time periods;
and
c. Whether the volunteer
provides services as needed or throughout the year. An individual who
volunteers to provide periodic services on a year-round basis may receive a
nominal monthly or annual stipend or fee without losing volunteer
status.
(5) Whether the
furnishing of expenses, benefits, or fees would result in individuals losing
their status as volunteers can only be determined by examining the total amount
of payments made (expenses, benefits, fees) in the context of the economic
realities of the particular situation.
Notes
29 CFR 553.106.
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