Spilman v. The Salvation Army (CA1/5 A169279 1/6/26) Non-Profit Volunteer | Wage and Hour – Employment Law Weekly

Spilman v. The Salvation Army (CA1/5 A169279 1/6/26) Non-Profit Volunteer | Wage and Hour

Plaintiffs Justin Spilman, Teresa Chase, and Jacob Tyler (collectively “Spilman”) worked full time for the Salvation Army, a nonprofit organization, in various operations that supported its retail thrift stores.  Spilman worked without wages as part of a six-month, residential, substance abuse rehabilitation program.  He now alleges that, under California law, the Salvation Army was required to pay him the minimum wage and overtime.  The trial court determined that the wage laws do not apply because Spilman was a volunteer, not an employee, and it granted summary judgment to the Salvation Army.  We agree that a volunteer for a nonprofit organization can fall outside the wage laws, but we conclude the trial court applied the wrong standard to distinguish a volunteer from an employee.  We reverse and remand the case for further proceedings.

https://www4.courts.ca.gov/opinions/documents/A169279.PDF

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