1. (1) Time. Donated work does not make a claimant ineligible for benefits, even if the claimant donates work on a full-time basis.

   1. (a) A claimant donating 40 hours or more in a week to a non-profit organization has significant restrictions on the claimant's availability for other full-time work.

   2. (b) The claimant may provide evidence of availability by demonstrating a willingness to seek and accept other permanent, full-time work.

      1. (i) A diligent work search during a benefit week, in addition to a willingness to accept work, provides adequate proof of an attachment to the labor force.
      2. (ii) A claimant's failure to make an active search for work evidences a contentment with the claimant's status as an unpaid volunteer worker, and requires a denial of benefits. To be eligible for benefits at a later date, the claimant must demonstrate a substantial change in circumstances.

2. (2) Remuneration.

   1. (a) If a claimant who receives assistance from a non-profit organization is asked to spend time working for that organization, but the value of the assistance is not determined by the amount of time spent working, the assistance is not reportable income.

   2. (b) A volunteer worker will not normally receive remuneration for donated work.

      1. (i) A claimant who receives remuneration for donated work need not report the payment to the Department unless it is subject to withholding taxes, which indicates an employment relationship.
      2. (ii) If the organization provides the claimant money for out-of-pocket expenses, such as gas, equipment, clothes, or similar expenses, the money is not considered wages and is not reportable on the weekly claim.

KEY: unemployment compensation, unemployed workers

Date of Last Change: October 4, 2022

Notice of Continuation: July 16, 2025

Authorizing, and Implemented or Interpreted Law: 35A-1-104(1); 35A-4-502(1)(b); 35A-4-207