The Volunteer Protection Act of 1997 (VPA)

• Purpose: Limits liability for volunteers who act within the scope of their responsibilities for nonprofit organizations or governmental entities.
• Key Provisions:
  • Protects volunteers from liability for harm caused by their actions if they were acting in good faith and within their assigned roles.
  • Does not protect against gross negligence, criminal misconduct, or reckless misconduct.

• Purpose: Created programs such as AmeriCorps to encourage volunteerism and community service.
• Key Provisions:
  • Establishes funding and infrastructure for volunteer initiatives.
  • Emphasizes service-learning, community development, and national service.

• Purpose: Authorizes federal programs such as VISTA (Volunteers in Service to America) and RSVP (Retired and Senior Volunteer Program).
• Key Provisions:
  • Provides funding and resources for programs that engage volunteers in addressing poverty, education, and other societal needs.
  • Governs stipends, benefits, and conditions for volunteers under these federal programs.

• Purpose: Sets rules for wages and working conditions, including guidance on volunteers.
• Key Provisions:
  • Clarifies that individuals volunteering for nonprofit or government organizations do not need to be compensated if:
    • They offer their services voluntarily without expectation of pay.
    • The volunteer roles do not displace paid employees.

• Purpose: Provides job-protected leave for employees in certain situations.
• Key Consideration: Volunteers are not employees, but volunteer coordinators should understand how this law affects their employees who manage or support volunteers.

• Purpose: Includes provisions for medical volunteers, particularly during emergencies or disasters.
• Key Provisions:
  • Protects medical volunteers from liability when providing care during a public health emergency (e.g., under the PREP Act or during national disasters).

• Purpose: Amended the National and Community Service Act to expand AmeriCorps and foster a culture of service.
• Key Provisions:
  • Provides funding for innovative volunteer initiatives.
  • Strengthens incentives for volunteerism, such as educational awards.

• Purpose: Enhances safety protocols for volunteers working with children.
• Key Provisions:
  • Requires background checks for volunteers in positions of trust or working with vulnerable populations.

Good Samaritan Laws:

Found in all states, these laws protect individuals, including volunteers, who provide emergency care in good faith.

Typically shield against liability unless gross negligence or intentional harm is proven.

Volunteer Protection Acts:

Many states mirror the federal VPA with additional protections specific to state nonprofit or governmental volunteers.

Charitable Immunity Acts:

Enacted in states like Texas, these laws limit the liability of charitable organizations and their volunteers to encourage service.

Volunteer Emergency Worker Protection:

Some states, such as Illinois, provide job protections to volunteers serving as emergency responders, ensuring they are not penalized at work for fulfilling volunteer obligations.

Health Volunteer Protections:

States like Pennsylvania and Ohio offer liability protection for healthcare professionals providing free services to underserved populations.

Volunteer Firefighter and First Responder Protections:

Many local ordinances establish protections for volunteers serving in fire or EMS roles, including liability shields and worker’s compensation-like benefits.

Background Check Requirements:

Local governments may mandate background checks for volunteers working with children, the elderly, or vulnerable populations.

Licensing and Certification:

For volunteers in specialized roles (e.g., medical or legal services), local jurisdictions may enforce licensing or certification requirements to ensure quality and safety.