Or, really, in anything other than money. That was the lesson learned by a Chick-Fil-A franchise recently, as the U.S. Department of Labor recently announced.
According to a CBS news story, the franchise posted on its Facebook page: “We are looking for volunteers for our new Drive Thru Express!… Earn 5 free entrees per shift…” When someone (correctly) pointed out that this was “unacceptable,” the franchise then responded, “We’ve had multiple people sign up and enjoy doing and have done it multiple times. People who sign up for this chose it voluntarily.” The franchise also described the drive-thru job “simply for those who want to earn some free Chick-fil-A.” I’m sure the franchise management was pretty pleased with itself for coming up with this creative, low-cost way of cutting down on labor costs.
But it’s no wonder the DOL got involved. So, as (most!) employers know, the Fair Labor Standards Act and state laws require employees to be paid at least minimum wage for all hours worked. And (here’s the part that this franchise missed), as the DOL states in their elaws Advisor on the FLSA, “Under the FLSA, employees may not volunteer services to for-profit private sector employers.” (That’s the DOL’s emphasis!)
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