04/08/2026
A label is not a legal defense.
California courts continue to look past the titles organizations assign to workers and examine what the relationship actually looks like in practice. In a decision issued on January 6, 2026, the California Court of Appeal ruled in Spilman v. The Salvation Army that the absence of a pay agreement alone is not sufficient to classify a worker as a volunteer and avoid wage law obligations.
The court established a two part test: the worker must have freely chosen the arrangement for a personal or charitable benefit, and the organization's use of that unpaid labor must not serve as a workaround for legal wage requirements.
For those of us working in workplace compliance and investigations, this is a familiar principle applied in a new context. The question is never just what you call something. It is whether the substance of the arrangement holds up to scrutiny.
This post is for informational purposes only and does not constitute legal advice. Source: California Case Summaries, Monty A. McIntyre, Esq.