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Allyson Deraps

Allyson Deraps

Special Counsel at Farella Braun + Martel (San Francisco) in its exempt organizations practice, advising public charities and nonprofits.

Sep 2, 2026

6:14
Do you recommend a code of conduct for volunteers particularly, or is this the overall organizational code of conduct?
6:21
You want to be careful, right, and draw these lines clearly.
6:24
So I would say you want a specific document for volunteers.
6:28
I certainly wouldn't be giving your employee handbook to your volunteers.
6:32
But, you know, there may be certain things that are overlapping between them in terms of certain expectations and policies.
6:39
That standard of conduct is really important because most likely your volunteers are interacting at least with your employees, potentially your donors and members of the public.
6:52
So depending on what your nonprofit's programming is, they could even be working with minors, with children, with vulnerable adults, the elderly, people with disabilities.

17 MINS LATER

24:16
And no reason why a whistleblower policy wouldn't extend to volunteers.
12:16
But let's talk a little bit about California state law as an example of how states may have an important overlay on top of the federal rules.
12:24
Like as in most cases right here in our federal system, you've got the federal law and either the federal law may not be complete or on top of that, you've got all of your state and even local laws that apply.
12:35
And so in California, pretty similar to the federal law, but of course, it has its nuance.
12:39
Our courts have recognized that, you know, we have a number of different wage and hour law protections for employees and volunteers kind of fall outside of that for when they work for nonprofit organizations.
12:51
But the courts here have emphasized that no pay isn't the only factor.
12:58
It's about the overall relationship.
13:00
How does the organization use these services? That's what matters.

21 MINS LATER

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