Employee Relations Law Journal
"Split Circuits: Are Volunteers 'Employees' for Purposes of Title VII?"
Can individuals be considered employees for purposes of Title VII of the Civil Rights Act of 1964, as amended ("Title VII") if they do not receive significant remuneration for their services – in other words, if they are "volunteers"? In jurisdictions covered by Circuit Courts that have adopted the "threshold-remuneration" test, the answer is no, without further inquiry. A minority of Circuit Courts to have addressed the issue, however, have held that remuneration is not decisive, but only one consideration in the multi-factored common-law agency test applied to determine employment status.