Can wine club members volunteer at your winery?
If you're a winery owner, you've probably had enthusiastic wine club members offer to help out, maybe packing shipments, working a bottling line, or pouring at events. It feels like a win-win: they love your wines, you get an extra set of hands, and everyone walks away happy.
Unfortunately, when it comes to labor laws, “volunteering” at a for-profit winery is almost never legal. The rules are strict, and getting them wrong can be expensive.
Why volunteers are risky for wineries
Under both federal and state labor laws, anyone performing work that benefits a for-profit business, even if they want to volunteer, generally must be classified as an employee. That means minimum wage, overtime rules, workers’ compensation, and all the usual payroll requirements apply.
The Fair Labor Standards Act (FLSA), which sets nationwide rules, only allows volunteer work at nonprofits or public agencies. Unless your winery is a nonprofit, having unpaid helpers pack boxes, bottle wine, or run events can create serious liability.
A costly example: the Westover Winery case
In one well-known case, Westover Winery in California faced over $100,000 in fines and back wages after regulators discovered they had been using volunteers to pick grapes, bottle wine, and host events.
The owners thought they were doing nothing wrong. The volunteers were excited to help, and no one complained. But state labor officials ruled that because Westover is a for-profit business, volunteers were not allowed. The winery had to pay:
Back wages for every volunteer
Penalties and fines
Unpaid workers’ compensation premiums
This case sent shockwaves through the industry, especially for small wineries that rely on wine club loyalty and community spirit.
What’s legal vs. what’s not
| Scenario | Legal? | Why |
|---|---|---|
| Wine club members help bottle wine at a for-profit winery | No | They are performing labor that benefits a business and must be paid as employees |
| Guests pour wine at your tasting event | No | Same rule: work = employment |
| Volunteers help at a nonprofit wine festival | Yes | Nonprofit events have different rules |
| Paid interns or trainees under a compliant program | Yes | Must meet federal and state internship standards |
| Friends or immediate family lending a hand | Sometimes | Rules vary by state. Check with an attorney |
Safer alternatives for wineries
If you want to engage your wine club members without creating legal risk, here are a few options:
Create paid event roles. Hire members for short shifts during bottling or release events. Many are thrilled just to be part of the process.
Host "shadow days" or tours. Instead of having members work, let them observe bottling or winemaking, focusing on education and experience.
Set up a proper internship program. If your goal is education, you can create structured internships, but they must comply with federal and state labor laws.
The bottom line
While your wine club members may want to help, volunteer labor at a for-profit winery is generally not allowed under most circumstances. The safest approach is to:
Pay anyone performing work
Keep volunteers for nonprofit events only
Get legal advice before setting up any “volunteer” programs
Protecting your winery now can save you from costly fines, penalties, and reputation risks in the future.
