W.D. Pa.: “Fired Pastor’s Contract Suit Dismissed Under Ministerial Exception and Excessive Entanglement Doctrines” Religion Clause reports on Lee v. Sixth Mount Zion Baptist Church of Pittsburg, (WD PA, Aug. 22, 2017), here.
Author: Josh S. Tatum
Att’y Interview: “Protecting Your Church in Case of Allegations of Abuse”
Att’y Interview: “Protecting Your Church in Case of Allegations of Abuse”
ChurchLaw&Tax has an interview with Texas attorney Richard J. Matthews, who advised the Boy Scouts of America during its child sexual-abuse crisis, by Bobby Ross Jr. here.
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1734 Stop using comp time with nonexempt employees
[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5666870/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”]Does your organization use compensatory time instead of paying employees overtime? Stop! Many mistakenly believe that nonprofits are allowed to give employees time off to make up for earned overtime. But this isn’t true. If an employee is subject to the Fair Labor Standards Act (FLSA), that employee must be paid time and a half for any time worked over forty hours in a seven-day work week. While some church employees may not be subject to FLSA, for those employees who do, it’s important to comply and pay overtime. For exempt employees and employees who are not subject to FLSA, these questions are likely decided by state law. See the notes below for resources on determining which employees are subject to FLSA and how to deal with comp time with exempt employees.
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Mass. App. Ct.: “Tolling Provision Applies While Priest Is Outside State On Orders of Church Superiors”
Mass. App. Ct.: “Tolling Provision Applies While Priest Is Outside State On Orders of Church Superiors” Religion Clause reports on Commonwealth v. McCormick, 2017 Mass. App. Unpub. LEXIS 791 (MA App., Aug. 15, 2017), here.
Ind. Trial Ct.: Christian camp’s challenge to dairy denied for failing to show burden on religious practice
An Indiana trial court recently denied a church camp’s challenge to a nearby dairy farm’s operations (download order here). In one of the first lawsuits filed under Indiana’s relatively new Religious Freedom Restoration Act (Ind. Code §§ 34-13-9-1 to -11), the Hoosier Environmental Council filed a complaint (download here) on behalf of a children’s church camp in eastern Indiana. The complaint alleged that the Rush County Board of Zoning Appeals substantially burdened the House of Prayer Ministries’ exercise of religion by granting a special exception to local zoning ordinances allowing Milco Dairy to construct and operate a concentrated animal feeding operation, known as a CAFO. After the trial court ruled in the dairy’s favor, the Hoosier Environmental Council filed the necessary documents to initiate an appeal. Its first brief will be due in about thirty days. Continue reading “Ind. Trial Ct.: Christian camp’s challenge to dairy denied for failing to show burden on religious practice”
“Nonprofit Dissolution: What to Do When Closing the Doors”
“Nonprofit Dissolution: What to Do When Closing the Doors” Nonprofit Quarterly has an article by Lee Bruder of Lee Bruder Associates laying out his principles and recommended approach a step-by-step timeline for dissolving nonprofits here. The steps are as follows: Continue reading ““Nonprofit Dissolution: What to Do When Closing the Doors””
“Beware potential pitfalls of dual roles for board member attorneys”
“Beware potential pitfalls of dual roles for board member attorneys” from the Nonprofit Business Advisor here. Nonprofit Law Blog includes it in tweets of the week here. The list of pitfalls includes the following: Continue reading ““Beware potential pitfalls of dual roles for board member attorneys””
Enrollment open for 2018 leadership development week for clergy at Northwestern’s Kellogg School of Management
Enrollment open for 2018 leadership development week for pastors at Northwestern’s Kellogg School of Management. More information is available here. Apply here. Continue reading “Enrollment open for 2018 leadership development week for clergy at Northwestern’s Kellogg School of Management”
“Clergy Financial Resources has an overview answer to the question”
“Can Clergy Deduct Moving Expenses?” Tips and criteria from @clergyfinancial.
Clergy Financial Resources has an overview answer to the question here.