Category: LMG Content

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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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” →

1733 Practical effect of Trinity Lutheran

[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5644303/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″]The conclusion of Josh’s discussion with Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri about the recent U.S. Supreme Court decision Trinity Lutheran Church v. Comer. Continue reading “1733 Practical effect of Trinity Lutheran” →

1732 Cases remanded after Trinity Lutheran

[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5619167/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″]The third part of Josh’s discussion with Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri about the recent U.S. Supreme Court decision Trinity Lutheran Church v. Comer. Dave and Josh talk about two cases remanded by the Supreme Court. One involves a voucher program in Colorado. The other involves a textbook-renting program in New Mexico.
Dave Roland, Executive Director and cofounder of the Freedom Center of Missouri

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1731 Trinity Lutheran Church v. Comer dissent

[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5589892/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″]The second part of Josh’s discussion with Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri about the recent U.S. Supreme Court decision Trinity Lutheran Church v. Comer. Dave and Josh talk about the separate opinions by Justice Stephen Breyer, who concurred only in the judgment favoring the church, and Justice Sonia Sotomayor.
Dave Roland, Executive Director and cofounder of the Freedom Center of Missouri

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1730 Trinity Lutheran Church v. Comer decision

[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5570698/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 Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri about the recent U.S. Supreme Court decision Trinity Lutheran Church v. Comer.
Dave Roland, Executive Director and cofounder of the Freedom Center of Missouri

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1729 Conflicts of Interest overview

[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5549203/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″]Conflicts of interest are an inevitable part of doing any business, including for religious organizations. Josh talks about what a conflict of interest is, potential downfalls resulting from mishandling conflicts of interest, and key practices to handle conflicts of interest responsibly. Churches and other faith organizations should use disclosure statements annually to identify potential conflicts, adopt policies about how to handle conflicts, and regularly follow up and update these documents.

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1728 Whether and How to Act without Meeting

[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5526966/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″]In most jurisdictions, to do business in an organization requires either a meeting or a unanimous written consent. In this episode, Josh discusses some of the reasons religious groups might not allow decision-making without a meeting, the minimum requirements of a meeting, and how to act without meetings, namely through unanimous written consent.

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1727 Should Consensus Be in Our Governing Documents?

[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5527010/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”]Consensus is a noble goal in leading organizations to action. But when organizations require consensus, it can lead to a different kind of tyranny when one dissenter stands in the way of doing anything. Josh shares some thoughts about how best to value consensus without requiring it in governing documents.

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1726 How to Avoid Copyright Infringement

[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5498714/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”]From educational materials to hymns and worship,By Jacklau96 in English Wikipedia - Own work and released into Public Domain, PNG version made by Willy88, Public Domain, https://commons.wikimedia.org/w/index.php?curid=2070416 worshiping communities and other religious organizations use content created by others every day. Attorney Randall Cloe explains how licensing of copyrighted materials. He discusses the various clearinghouses to find licenses for music. He outlines the potential consequences of infringing copyright. And he and Josh briefly discuss the exception for religious materials used in worship.

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