Tag: employment law

Stop using comp time in place of overtime!

The Department of Labor recently announced new rules about which employees are entitled to hourly and overtime pay. That has caused many employers, including religious and other not-for-profits, to assess whether they are correctly classifying and compensating their employees. One issue that may come up is how your organization compensates employees for work beyond the required hours in a workweek.

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Ind. Ct. App.: First Amendment blocks pastor’s wage claim against former employer-congregation

The Court of Appeals of Indiana held that a pastor could not sue the church that formerly employed him for wages and vacation pay, concluding that the lawsuit would require the court to inquire into intrachurch matters, which the court reasoned is forbidden by the First Amendment. In Steven Matthies v. The First Presbyterian Church of Greensburg Indiana, Inc., No. 16A01-1409-PL-380 (Ind. Ct. App. Apr. 8, 2015), Pastor Steven Matthies sought to enforce part of a three-year contract that he argued entitled him to salary and vacation pay after his employment ended.
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Seventh Circuit dismisses appeal, allowing Catholic teacher’s in vitro fertilization suit to go forward

This post is being published on both Law Meets Gospel and Indiana Education Law Blog.

The Roman Catholic Diocese of Fort Wayne–South Bend’s appeal from an order denying summary judgment in a lawsuit brought by a former teacher suing the diocese for firing her because she became pregnant through in vitro fertilization was dismissed by a decision. In the unanimous decision written by Judge Diane S. Sykes, the Seventh Circuit held that the appeal was filed too early because the summary-judgment order was not final. Continue reading “Seventh Circuit dismisses appeal, allowing Catholic teacher’s in vitro fertilization suit to go forward” →

What to do when hiring a person with DACA status

One of the biggest postelection debates in Washington surrounds President Obama’s legal authority to grant of legal status to undocumented immigrants. The discussion is the latest chapter in a series of events that included the Obama administration issuing in 2012 what has become known as the Deferred Action for Childhood Arrivals (DACA). DACA gave legal status to certain undocumented immigrants who were under thirty-one on June 15, 2012. Although the current debate is about expanding a similar status to others, which President Obama seems set to announce, this post covers the basics of DACA for the purpose of churches and other religious organizations hiring someone with DACA status. Specifically, it addresses which tax and other forms organizations first hiring someone with DACA status to use. In other words, it answers the questions whether someone who falls under DACA qualifies as an Other U.S. person as defined by form W-9 and,
if so, whether that person would need to meet other requirements or fill out
other forms.

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Seventh Circuit holds challengers to parsonage exemption lack standing

The Seventh Circuit unanimously rejected a challenge to the parsonage exemption brought by the Freedom From Religion Foundation, concluding that the Wisconsin-based, nontheistic group lacked the legal ability to challenge the statutory exception granted to “minister[s] of the gospel.” Because the Seventh Circuit concluded the plaintiffs did not have standing, it did not reach the question of whether the parsonage exemption runs afoul of the First Amendment. The opinion reverses a decision of the U.S. District Court for the Western District of Wisconsin that held the provision unconstitutional as violating the Establishment Clause of the First Amendment. (You can listen to the very interesting oral argument here.*)

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Indiana Supreme Court considering homeschoolers’ appeal

This post is being published on both Law Meets Gospel and Indiana Education Law Blog.

On February  3, the Indiana Supreme Court heard arguments in Fishers Adolescent Catholic Enrichment Society, Inc. v. Bridgewater. (See earlier coverage here and here.) The case involves an organization formed by homeschooling Roman Catholic parents. The group’s purposes include providing students with Catholic educational, spiritual, and social enrichment. The Court will decide whether the group’s decisions about accommodating a student’s dietary needs and later expelling her for filing a complaint fall within state antidiscrimination laws and First Amendment protections for religious organizations. Continue reading “Indiana Supreme Court considering homeschoolers’ appeal” →

Teacher Files Suit after Roman Catholic School Fires Her for IVF Treatment

CNN reports that a teacher who was fired after receiving fertility treatments has sued the St. Vincent de Paul and the Diocese of Fort Wayne–South Bend. This could be a test of the United States Supreme Court’s recent decision Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, which held that a teacher could not sue after being fired for threatening to bring suit against the school against church teachings because the teacher fell within the definition of minister.

Indianapolis TV station WRTV has coverage here.

The Huffington Post has a very good story here.
The Indiana Law Blog posts the complaint here.