National Service Program Participant Exemption

Participants in national service programs, such as AmeriCorps, are exempted from state employment laws relating to wages, hours and working conditions. Nonprofits and other entities using the AmeriCorps volunteer services must inform participants of any overtime requirements prior to the beginning of service. They must offer participants the chance to opt out of the program. Participants cannot be discriminated against or be denied continued participation in the program for refusing to work overtime for a legitimate reason.¹

Under federal law, participants in national service programs are considered volunteers and qualify as exempt from federal wage and hour laws.²