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Nonprofit Law/Non Volunteer Fees

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Question
My child is a member of a 501(C)3 sporting club. During the club's registration process we were required to read and agree to a volunteer policy. It basically said that we were required to volunteer for at least 5 hours or we would be charged an hourly fee. "Each volunteer task will be assigned a set hourly amount or worth" It goes on to say "If at the end of the season anyone fails to reach their volunteer hours, they will be assessed $40.00 per hour." They said that if you don't pay your non volunteer fee by the specified date, you would be considered "not in good standing with the club"  At the bottom there is an asterisk and it talks about adding an additional 5 hours to each member family for extra events the club may host. The additional hours will also be billed at the $40.00 an hour rate for noncompliance. Is this legal or is there something you can recommend for me to read regarding non profits and non volunteer fees? Thank you for your time.

Answer
Those clauses in the agreement are legally enforceable, but note that the workers and employer will realize employment tax liability for the hours worked (computed at the $40 per hour rate).

Harvey Mechanic
Attorney at Law
Harvey108@hotmail.com

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.

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Harvey Mechanic

Expertise

I am an attorney and I volunteer time to answer general questions about U.S. Federal income tax issues of nonprofit 501(c)(3) public charities only. Those questions could be about establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer questions about Nonprofit's possible unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. If you do not make your question public then I will not be spending much of my donated time on answers that would not benefit the public. If you have other questions, please contact me at Harvey108@hotmail.com I will reply from my email. In any case, do not reveal confidential information to me until after I have contracted with you to provide personal legal services. My responses on this forum are intended to be general statements of law, should not be relied upon as legal advice, and do not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather extensive information about the situation. To search my previous answers you can do a Google search by "site:allexperts.com/q/nonprofit" without the quotes and then add your search terms before hitting enter.

Experience

I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar and I have maintained my status with the Bar since that time.

Education/Credentials

B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude.


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