[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.
Category: employment
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.
“No Red Flags is a Big Red Flag” in background checks. Instead, expect 8–10 reports for every 100 background checks.
“No Red Flags is a Big Red Flag” in background checks. Instead, expect 8–10 reports for every 100 background checks. Mike McCarty, C.E.O. of Safe Hiring Solutions has a column in Inside Indiana Business here. Here’s an important insight:
W.D. Pa.: “Fired Pastor’s Contract Suit Dismissed Under Ministerial Exception and Excessive Entanglement Doctrines”
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.
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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“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.
FREE Webinar from Church Executive on Same-Sex Marriage and Transgender Law, Aug. 24 @ 11:00 a.m. E.D.T.
FREE Webinar from Church Executive on Same-Sex Marriage and Transgender Law, Aug. 24 @ 11:00 a.m. E.D.T. Register here. Here’s the description:
1715 Immigration law basics with Dallin Lykins
[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5223395/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″]
Immigration law affects every employer, including religious organizations. Dallin Lykins of Lewis & Kappes in Indianapolis provides religious and other employers an overview of immigration issues they need to know about.
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1705 How to deal with FLSA noncompliance
[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5178953/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″]Josh talks with Shelley Jackson and Pastor John Hickey about what religious organizations and nonprofits should do when they find themselves out of compliance with Fair Labor Standards Act (FLSA) rules to wrap up their conversation about overtime and minimum-wage statutes, regulations, and practices. Continue reading “1705 How to deal with FLSA noncompliance”
5 Developments in Religion and Law since Law Meets Gospel started
Five years ago, I set out to try my hand at blogging about legal and related issues that religious groups face. I sought to help faith communities improve their grasp of the rules that govern them, organize themselves, and feel comfortable contacting a lawyer for help. The last five years have brought some very interesting developments at the intersection of law and religion, and the next five promise even more. I’ve enjoyed blogging, though I have not been as regular as I would like to be. I aim to change that in the coming months. I’ve also created some graphics to help you know right away that what you’re seeing is Law Meets Gospel. To mark the fifth birthday of this effort, below are five important developments in the law that affect faith communities. And then some other big news … .
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