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Legal Q & A

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Ministry Workers (Employees & Volunteers)

 

Q. What Should Our Ministry Be Aware of Before Recording Conversations?

... Ministry leaders should be very aware of the legal restrictions and exceptions that apply to recording conversations.

Q. What Should Our Ministry Consider Before We Fire an Employee?

... Rushing the process is one of the biggest mistakes ministries can make in the area of employee termination.

Q: What rules apply when hiring youth to perform work for our ministry?

... Hiring young people to work at church can be a great way to involve them in your ministry. Just be sure to follow the Fair Labor Standards Act, avoid hazardous activities, follow minimum wage requirements, and maintain appropriate work records...

Q: What should our church do when an employee or volunteer background check turns up a criminal record?

... Conducting interviews and reference checks to ensure that the candidate is otherwise qualified for the position will provide additional information needed in making an employment or involvement decision.

Q: Can an employee sue a church or ministry for decisions based on religious beliefs?

... A landmark 2012 U. S. Supreme Court ruling makes it much easier for churches and other ministries to defend themselves when church leaders make decisions based on their religious beliefs.

Q: Does the Fair Labor Standards Act (FLSA) apply to our ministry?

...The Fair Labor Standards Act applies to ministries that are considered “enterprises”...

Q: Does the Fair Labor Standards Act (FLSA) apply to our ministry's employees individually?

...Even if the Fair Labor Standards Act doesn't apply to your ministry as a whole, some of your employees may still be covered by it...

Q: How do we develop or update an effective worker screening policy?

...You should work with an attorney to establish effective screening procedures...

Q: Is our employee exempt from the Fair Labor Standards Act (FLSA) as a "creative professional" employee?

...Salary level, salary basis, and job duties are all factors that determine whether the creative professional exemption applies...

Q: Is our ministry employee exempt from the Fair Labor Standards Act (FLSA) as a "computer tech" employee?

...Salary level, salary basis, and job duties are all factors that determine whether the computer professional exemption applies...

Q: Is our ministry employee exempt from the Fair Labor Standards Act (FLSA) as a "professional" employee?

...Salary level, salary basis, and job duties are all factors that determine whether the professional exemption applies...

Q: Is our ministry employee exempt from the Fair Labor Standards Act (FLSA) as an "administrative" employee?

...Salary level, salary basis, and job duties are all factors that determine whether the administrative exemption applies...

Q: Is our ministry employee exempt from the Fair Labor Standards Act (FLSA) as an "executive" employee?

...Salary level, salary basis, and job duties are all factors that determine whether the executive exemption applies...

Q: What factors should we consider when we develop or update our employee handbook?

...Consider updating your employee handbook annually, having an attorney review it, and communicating the policies it contains with new employees ...

Q: What steps should we take before letting an employee go?

...Be aware of civil litigation regarding wrongful employment practices and review the following guidelines...

*Important information: Brotherhood Mutual is pleased to provide LegalAssistance as a complimentary resource. The services we offer through LegalAssistance are intended to provide general legal information to our current and prospective policyholders.

The information we provide is intended to be helpful, but it does not constitute legal advice and is not a substitute for the advice from a licensed attorney in your area. Accordingly, no attorney/client relationship is created through this process, and no legal advice will be provided. We strongly encourage you to regularly consult with a local attorney as part of your risk management program.

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