[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5778727/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”]If your religious organization has a website, it should have at least a basic privacy statement informing users what information you collect on the site, who has access to it, what you do with it, and how you protect it.
Category: Podcast
1738 Privacy and photos
[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5754568/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″]Religious organizations should be respectful when posting photos, videos, and audio from public events they host. Although nonprofits are exempt from the Child Online Privacy Protection Act (COPPA), they should adhere to its requirements for children under thirteen to respect children’s privacy and avoid possible regulatory implications. Before posting, it’s best to obtain permission from adults and parents, which can be done by announcing that photos will be used for promotional materials and inviting those with concerns to speak with a representative or obtaining the permission on registration or permission slips. To protect privacy further, you can post only to online pages that are protected, for example a password-protected page on your organization’s site or an invitation-only Facebook page. It’s also a good idea to avoid including names in captions and file names to decrease the likelihood that someone can find the image.
1737 Child Online Privacy Protection Act
[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.
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.
1735 Authority to enter contracts
[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5686206/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″]How do you know whether a representative has the authority to enter into an agreement on behalf of an organization? In short, the governing documents and resolutions of the board of directors can authorize a representative. But many organizations are not careful with following these formalities. Josh discusses what can go wrong when they don’t, using the case discussed in this post as an example.
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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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.
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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.
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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.
Continue reading “1730 Trinity Lutheran Church v. Comer decision”