STATE SAYS TWO AREA FOR-PROFIT EVENTS CAN’T USE VOLUNTEER LABOR

Two Joshua Tree event promoters, one a candidate for public office, are conducting business illegally, according to the State of California. The Joshua Tree International Film Festival and the Joshua Tree Music Festivals both offer free event passes and perks in exchange for so called “volunteers” to work preparing for and working at their for-profit events. In response to an investigation by Z107.7 News, the State of California Department of Industrial Relations Division of Labor Standards enforcement said, quote – “Bartering for wages is not allowed in California as it is not legal for volunteers to perform services that benefit a for profit business.” In the case of the Joshua Tree Film Festival, operated by Yucca Valley Town Council Candidate Eric Quander, website pages had first claimed they were a non-profit until a query from Z107.7, then the non-profit references were removed. According to an Opinion letter posted on the DIR website, Chief Counsel H. Thomas Cadell Jr. said, “If the person performing the service is an employee, that person must be paid pursuant to Industrial Welfare Commission orders.” He went on to say, “The term “employee” and “volunteer” are at odds with each other since there is no expectation of payment by a volunteer.” In a letter to Z107.7 News, State Labor Representative Paola Laverde said, “Such enterprises are subject to the Industrial Welfare Commission Order and volunteers may not be utilized, as is the case in these two situations.” Z107.7 News contacted both promoters for comment. Joshua Tree Music Festival promoter Barnett English said, “Thank you so much for bringing this to our attention. We’ve now embarked on our own investigation into proper Work Exchange / Volunteer programs, and will do whatever it takes to operate in compliance with the California DIR.” Film festival promoter Eric Quander said, “I was not aware. I and my staff will look into it immediately, and adjust the business structure accordingly. Understand, it (is) not I [sic] or the festival’s intention to engage in any illegal or untoward practice.”