In most cases, no single document is legally required for volunteers — but having them sign a few simple forms is smart risk management, and some forms become effectively mandatory depending on the work. The basics worth using are: a short volunteer agreement (role, expectations, that the person is an unpaid volunteer with no expectation of pay), a liability waiver / assumption-of-risk form, and a confidentiality acknowledgment if volunteers will see client, donor, or member data.
For anyone working with children, the elderly, or other vulnerable people, background checks are essentially non-negotiable — many states require them for certain roles, and insurers and grantmakers often demand them. If you run background checks, note that the federal Fair Credit Reporting Act applies: you generally need the volunteer's written consent before screening and must follow proper adverse-action steps. Check your state's specific requirements before placing volunteers in those positions.
One important legal trap: don't let "volunteers" do the work of employees. Under the federal Fair Labor Standards Act, a true volunteer gives time freely without expectation of compensation, typically for a nonprofit's charitable purpose. If someone is doing a job you'd otherwise pay for, displacing paid staff, or being pressured to "volunteer," they may legally be an employee owed minimum wage and overtime. Misclassification creates real wage-and-hour liability — verify gray-area roles with an employment attorney.
This is general information, not legal advice. Volunteer law, background-check rules, and waiver enforceability vary by state, so have a local attorney review your forms before you rely on them.
What to do next
- Adopt a one-page volunteer agreement plus a liability/assumption-of-risk waiver and a confidentiality acknowledgment.
- Require background checks for any volunteer working with children or vulnerable adults, confirm your state's specific rules, and follow FCRA consent and adverse-action steps.
- Audit roles to make sure no "volunteer" is actually doing employee-level work that should be paid under the FLSA.
- Have a local attorney review your forms and confirm waiver enforceability in your state, and check your insurance for volunteer coverage.
A quick note
This is general information for nonprofits, not legal, tax, or accounting advice. Rules and figures change and vary by state — verify with a qualified professional before you act.
Sources & tools
Free, primary sources
- National Council of Nonprofits — Volunteers — Practical guidance on volunteer agreements, risk management, background checks (including FCRA steps), and the volunteer vs. employee distinction.
- U.S. Department of Labor — Fact Sheet #14A: Non-Profit Organizations and the FLSA — Explains how the Fair Labor Standards Act applies to nonprofits, including when individuals qualify as volunteers versus employees owed wages.
- IRS — Charities and Nonprofits — IRS hub for tax-exempt organizations and their compliance obligations; useful context for worker classification and other employment-tax questions.
Last verified 2026-06-17. Rules and figures change — verify at the source before you act.
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