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Upon Further Review: (Some) Unpaid Volunteers For Super Bowl Will Get Paid


With the string of class action suits that have started to become more commonplace in the courts regarding unpaid internships, this is an interesting development on how the NFL is handling the issue.  Originally, the NFL had approximately 13,500 volunteers working the Super Bowl that would not get paid for their work.  However, the NFL reversed course and held that about 1,500 of these volunteers will now get paid.  Unsurprisingly, the NFL is now requiring the remaining volunteers who will not receive compensation to sign a waiver stating that they will not sue, join a class action, and agreeing to arbitrate if they do so. 

Note that under the Fair Labor Standards Act ("FLSA"), a person that is an "employee" is entitled to receive a wage for their work done.  The Department of Labor has previously stated that under the FLSA, employees may not volunteer services to for profit private sector employers.  However, individuals who volunteer or donate their services, usually on a part-time basis, for public service, religious or humanitarian objectives, not as employees and without contemplation of pay, are not considered employees of the religious, charitable or similar non profit organizations that receive their service.  

Seems easy enough.  The NFL is a big money making, for profit operation that should be on the hook for paying all volunteers for the Super Bowl, right?  Wrong.  After a bit of research, it appears the NFL is a not for profit company.  Yes, you read that right.  (Note that there is a push in Congress now to revoke the non profit status).  The $9 billion in annual revenue the NFL takes in is distributed to teams, which is then subject to taxation.  

While the NFL is a non profit company, they might be able to sidestep any requirements that they pay all volunteers.  Outrage?  Sure.  Debate within Congress?  In progress. Lawsuits?  Possibly, but remember it will likely go to arbitration, per the waiver.  Ire among the everyday citizen?  Certainly.  An online petition to strip the NFL of the tax exempt status has about a quarter of a million signatures.  With that being said, the unpaid volunteers are not necessarily going home empty handed.  For those unpaid volunteers who still decide to show up and work, they will get to keep their uniforms if they work a required period of time.  The only thing better than a paycheck for your work is the ability to keep the clothes you had to wear to volunteer.  And what about game tickets?  Ha, nice try...


Article discussing the development:  http://www.nj.com/super-bowl/index.ssf/2013/11/some_super_bowl_volunteers_to_get_paid_report_says.html

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