[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5732543/height/90/width/450/theme/custom/autonext/no/thumbnail/yes/autoplay/no/preload/no/no_addthis/no/direction/forward/render-playlist/no/custom-color/c30000/” height=”90″ width=”450″ placement=”top”]Religious organizations and other nonprofits are not subject to the rules under the Child Online Privacy Protection Act (COPPA), but COPPA’s rules provide a good example of how to deal with information collected from children under 13. It requires verifiable parent consent, online privacy statements, and options for parents to control how providers use their children’s information. Since it sets the standard in the United States for protecting children online, Josh encourages religious organizations to follow its rules even when they aren’t required to do so.
Author: Josh S. Tatum
“Texas churches damaged by Harvey sue FEMA”
“Texas churches damaged by Harvey sue FEMA.” The Becket Fund has a press release here about the lawsuit it filed on behalf of three small Texas churches damaged by Harvey. The suit challenges the exclusion of religious organizations from disaster relief, basing the claims on the Free Exercise Clause as interpreted by Trinity Lutheran v. Comer. Access the complaint here. Access Becket Fund’s case summary for Harvest Family Church v. FEMA. Thanks to Dave Roland at the Freedom Center of Missouri for the tip. Continue reading ““Texas churches damaged by Harvey sue FEMA””
“Wedding Website Designer Has Standing To Challenge One of Colorado’s Civil Rights Laws”
“Wedding Website Designer Has Standing To Challenge One of Colorado’s Civil Rights Laws.” Religion Clause reports here on 303 Creative, LLC v. Elenis, (D. Colo., Sept. 1, 2017). The Alliance Defending Freedom has a press release here.
“Civil Rights Suit By Catholic School Principal Dismissed Under Ministerial Exception Doctrine”
“Civil Rights Suit By Catholic School Principal Dismissed Under Ministerial Exception Doctrine.” Religion Clause reports here on Nolen v. Diocese of Birmingham in Alabama, (N.D. Al., Sept. 1, 2017).
1736 Obama overtime rules overturned
[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5706273/height/90/width/450/theme/custom/autonext/no/thumbnail/yes/autoplay/no/preload/no/no_addthis/no/direction/forward/render-playlist/no/custom-color/c30000/” height=”90″ width=”450″]A federal court declared Obama-era overtime rules invalid just in time for Labor Day. On August 31 the U.S. District Court for the Eastern District of Texas issued an order explaining that rules implemented under the Fair Labor Standards Act (FLSA) during the last months of the Obama administration overreached the Labor Department’s ability to interpret FLSA. The decision can be found here: Nev. v U.S. Dep’t of Labor, No. 4.16-cv-00731-ALM, (E.D. Tex. Aug. 31, 2017) (Memo. Op. and Order). The same court issued a preliminary injunction in November 2016 that prevented the rule from going into effect on December 1, 2016, as the Obama administration planned. The district court’s final judgment likely means the rule that more than doubled the previous minimum salary requirements to exempt employees from minimum-wage and overtime requirements is permanently defeated. Josh explains how the decision affects religious organizations.
E.D. Tex.: Obama FLSA rule changes invalid; salary increase for exempt employees struck down
E.D. Tex.: Obama FLSA rule changes invalid; salary increase for exempt employees struck down. A federal court declared Obama-era overtime rules invalid just in time for Labor Day. On August 31 the U.S. District Court for the Eastern District of Texas issued an order explaining that rules implemented under the Fair Labor Standards Act (FLSA) during the last months of the Obama administration overreached the Labor Department’s ability to interpret FLSA. The decision can be found here: Nev. v U.S. Dep’t of Labor, No. 4.16-cv-00731-ALM, (E.D. Tex. Aug. 31, 2017) (Memo. Op. and Order). The same court issued a preliminary injunction in November 2016 that prevented the same rule from going into effect. The Obama administration had planned for the rule to take effect on December 1, 2016. The district court’s final judgment likely means that the rule that would have more than doubled the previous minimum salary requirements to exempt employees from minimum-wage and overtime requirements is permanently defeated.
“Conservative foes of [Ind.] RFRA ‘fix’ ask Supreme Court to overturn LGBT ordinances”
“Conservative foes of [Ind.] RFRA ‘fix’ ask Supreme Court to overturn LGBT ordinances.” The Indianapolis Star has this report about Indiana group’s amicus in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n.
Rule permitting religious records into evidence rarely used, almost always allowing admission
Rule permitting religious records into evidence rarely used, almost always allowing admission. “As long as a document fits the definition of a religious record, regardless of whether it appears trustworthy, it will likely be admitted. ” Attorney Elizabeth Teter has this analysis on the ABA Section of Litigation’s website. Continue reading “Rule permitting religious records into evidence rarely used, almost always allowing admission”
Mass. Land Ct.: “Church, Not Town, Owns Cemetery”
Mass. Land Ct.: “Church, Not Town, Owns Cemetery.”
Religion Clause reports here on First Congregational Church of Harwich v. Eldredge, (Mass. Land Ct.., Aug. 18, 2017). The Cape Cod Chronical reports here.