[§346-370]  Emergency or transitional shelter volunteers.  (a)  For the purposes of this section, "emergency or transitional shelter volunteer" means an individual who:

     (1)  Is a tenant at an emergency or transitional shelter administered pursuant to this part;

     (2)  Is not an employee of the provider agency operating or managing the shelter;

     (3)  Is under the direction of the provider agency operating or managing the shelter and not the department or the State; and

     (4)  Provides up to eighty hours of volunteer labor or services per month to the provider agency operating or managing the shelter, notwithstanding payment of stipends or credits for the labor and services.

     (b)  Provider agencies may accept labor and services from emergency or transitional shelter volunteers.

     (c)  In addition to any exemptions granted to nonpaid labor, emergency or transitional shelter volunteers who acknowledge in writing that they are emergency or transitional shelter volunteers shall not be construed to be in the employ of the provider agency operating or managing the shelter.  The volunteers' labor and services provided to the provider agency operating or managing the shelter shall not be construed to constitute employment, and the volunteers shall not be construed to be employees of the provider agency operating or managing the shelter, under any labor law. [L 2010, c 89, pt of §2]