Federal law stipulates specific qualifications for unpaid interns and volunteers. As such, departments are strongly advised to consult with the Office of Career Preparedness to assess the feasibility of engaging an unpaid intern or volunteer.
To contact the Office of Career Preparedness, you can either call 903.468.3223, or email HireALion@tamuc.edu.
29 CFR Section 553.101 defines "volunteer" as the following:
(a) An individual who performs hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered, is considered to be a volunteer during such hours. Individuals performing hours of service for such a public agency will be considered volunteers for the time so spent and not subject to sections 6, 7, and 11 of the FLSA when such hours of service are performed in accord with sections 3(e)(4) (A) and (B) of the FLSA and the guidelines in this subpart.
(b) Congress did not intend to discourage or impede volunteer activities undertaken for civic, charitable, or humanitarian purposes, but expressed its wish to prevent any manipulation or abuse of minimum wage or overtime requirements through coercion or undue pressure upon individuals to “volunteer” their services.
(c) Individuals shall be considered volunteers only where their services are offered freely and without pressure or coercion, direct or implied, from an employer.
(d) An individual shall not be considered a volunteer if the individual is otherwise employed by the same public agency to perform the same type of services as those for which the individual proposes to volunteer.
For more information, visit the Code of Federal Regulations, Title 29.
Employees may NOT volunteer to do their own jobs nor activities closely related to their own jobs.
Generally, students may engage in voluntary work through student organizations and related activities.
However, students may NOT work for Texas A&M University-Commerce as a volunteer, with the exception of unpaid internships which are part of their degree requirements and for which the student will receive course credit.
In all other circumstances, individuals may volunteer to work at the University solely for civic, humanitarian, or charitable purposes. Please note that for volunteers who are not employees or students of Texas A&M University-Commerce, arranging computer access may be challenging.
Texas A&M University System Regulation 31.01.09; Section 7: Volunteer Work
Texas A&M University System Regulation 33.99.08; Section 5: Student Trainees/Interns
All volunteers must be reviewed and approved by the Office of Career Preparedness. Once approved, Human Resources will conduct the required background check for the individual(s).
The Volunteer Waiver form and Background Check Authorization form are REQUIRED, and once completed, must be retained in the department as documentation of volunteer status.
Both forms below are required, and an original signature is needed (an electronic signature will not be accepted).
Send both completed forms to HireALion@tamuc.edu for review by the Office of Career Preparedness.
