Cooperative Principles and Fair Labor Standards: Volunteering for Food Co-Ops

Abstract

Across the U.S. groceries are leaving the urban core and contributing to the food insecurity with which approximately 40 million people struggle. Food cooperatives, which are owned by members of the community, can help fill this void. Often to serve the community, the owners volunteer their time working at the food co-op. The Department of Labor indicates this practice is unlawful because volunteers must work only for non-profits and must perform only public service tasks. In this article, we argue that food cooperatives located in food deserts do not violate the Fair Labor Standards Act when the owners volunteer to work without compensation. The applicable court precedent indicates that in certain cases volunteers may work for for-profits, and working for a food cooperative in a food desert is one such instance. In any event, when considering the nature and mission of a food cooperative, one located in a food desert is properly characterized as a non-profit for FLSA purposes. Whether the food co-op operates as a for-profit, non-profit, or not-for-profit, owners should be able to volunteer for humanitarian tasks like assisting the elderly and disabled with transportation and shopping, teaching cooking classes, and providing child care.

Keywords: food cooperative, food co-op, Fair Labor Standards Act, volunteers