NCAA President calls for new tier of Division I where schools can pay athletes

[FUBeAR]

Anyone know what part (ii) below means? https://www.dol.gov/sites/dolgov/fil...orStandAct.pdf


(A) The term “employee” does not include any individual who volunteers to perform services for a public agency which is a State, a political subdivision of a State, or an interstate governmental agency, if—

(i) the individual receives no compensation or is paid expenses,reasonable benefits, or a nominal fee to perform the services for which the individual volunteered; and
(ii) such services are not the same type of services which the individual is employed to perform for such public agency.

Certainly not easy to decipher - particularly when CRITICAL definitions contain circular references rendering them meaningless / incomprehensible - "...the term “employee” means any individual employed by an employer..." (see below)

But...in this case....let's say you are a janitor in the ND State Capitol and you tell your boss that you'll volunteer to give the kids from your kids' elementary a tour of the Capitol even though they do hire / pay such tour guides. That's fine. Your boss can let you do that without compensation .... BUT ... let's say one of those kids backs up the toilet at the end of the tour and it overflows .... so, you (naturally) are asked/expected to clean up the mess. Now you gotta be paid for that time.

Make sense?

It's a way to keep Employers from getting around the laws by that which is commonly known as being "Voluntold" to do something .... or kinda like "Voluntary" workouts for college athletes....FUBeAR has heard.

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Circular references means (generally)...

1) Employee = any individual employed by an employer
2) Employ = to suffer or permit to work
_____ a. suffer = put up with or to tolerate
_____ b. permit = give authorization or consent
3) Employer = any person acting directly or indirectly in the interest of an employer in relation to an employee


So...

Employee (1) = any individual ... put up with or tolerated (2a) or given authorization or consent to work (2b) ... by any person acting directly or indirectly in the interest of (3) any person acting directly or indirectly in the interest of (3...infinitely looping) … in relation to ... any individual (1) ... put up with or or tolerated (2a) or given authorization or consent to work (2b) ... by any person acting directly or indirectly in the interest of (3) any person acting directly or indirectly in the interest of (3...infinitely looping) in relation to (1, 2a, 2b, 3) infinitely looping.


HORRIBLE JOB in creating definitions ... Good money to be made for those in the legal profession though...who are the ones that wrote this ... infinitely looping .... SEE HOW THAT WORKS ...