Court: Volunteers at county-owned golf courses are not employees and don't need to be paid

Mike Diamond, Palm Beach Post

The Eleventh Circuit Court of Appeals has dismissed an appeal filed by three golf-course volunteers who claim they were misclassified by the county and should have been considered employees. At stake was $8 million that would have been paid to more than 600 volunteers.

Chief Assistant County Attorney David Ottey hailed the ruling as “a significant win for Palm Beach County,” but noted its impact will be felt throughout the rest of Florida, Georgia and Alabama. The decision is binding throughout those states. Ottey noted in an email to county commissioners that publicly-owned courses often rely on the use of volunteers to help with golf course operations.

Volunteers welcome customers, retrieve and clean golf balls from driving ranges, patrol the course and work on weekends as well. And while they are not paid, they receive discounted and free rounds of golf.

Volunteers who worked at Palm Beach County-owned Osprey Point Golf Course claim they should have been paid as employees. They filed a class-action lawsuit against the county. A federal appeals court recently ruled in the county's favor.
Volunteers who worked at Palm Beach County-owned Osprey Point Golf Course claim they should have been paid as employees. They filed a class-action lawsuit against the county. A federal appeals court recently ruled in the county's favor.

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The class action lawsuit alleged that the county violated the Fair Labor Standards Act, the Florida Minimum Wage Act and the Florida Constitution.

“As a result of this ‘volunteer program,’ (the county’s) golf facilities obtain free labor as (the county) hires volunteers to perform the same labor for which private golf facilities must pay employee proper wages,” the lawsuit said, calling on the county to pay $8 million in lost wages along with damages, attorney’s fees, and costs.

County's legal fees are expected to be more than $300,000

Ottey acknowledged that the plaintiffs could request a rehearing or petition the U.S. Supreme Court for a review of the decision.

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The three volunteers all worked at the Osprey Point course, but volunteers also work at other county-owned courses as well. One volunteer alleged he was fired after he raised questions about the program.

The county maintains that the golf volunteers were just that — volunteers, not county employees. "Plaintiffs did not, and cannot, allege that they ever expected to receive compensation for their volunteer work," the county replied in court filings.

The county allocated $350,000 to defend the lawsuit in 2021. Ottey was not immediately available to indicate the current legal costs whether the county will seek to have its legal costs paid for by plaintiffs.

Mike Diamond is a journalist at The Palm Beach Post, part of the USA TODAY Florida Network. He covers Palm Beach County government and transportation. You can reach him at mdiamond@pbpost.com. Help support local journalism. Subscribe today.

This article originally appeared on Palm Beach Post: Court: Volunteers at county-owned golf courses don't need to be paid

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