A volunteer working for a charitable organization without the expectation of payment for his work is not an employee for purposes of state wage and hour laws.  The trial court did not abuse its discretion in denying certification of an alleged class of all workers for the defendant charity who did not receive pay for their work.  There was a predominant noncommon question of fact about whether each putative class member expected to be paid for his work.  That noncommon question was not eliminated from the case just by plaintiff’s statement that he wouldn’t seek to prove expectation of payment.