A volunteer ambulance company contracts with a for-profit corporation to provide drivers and emergency medical technicians (EMTs). The for-profit company then bills the volunteer ambulance company for the services of these employees. Sometimes, however, these very same drivers and EMTs provide their services to the volunteer ambulance company as volunteers in their off-duty hours.

Should the volunteer ambulance company be required to pay these drivers and EMTs either minimum wages and/or overtime compensation for their “volunteer” hours? See Department of Labor, Wage and Hour Division, Opinion Letter of May 22, 2000 [2000 WL 1537253].