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Department of Labor (DOL) Churches

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Says Religious Community Members Are Not Employees

Nonprofit entities often question the dividing line between volunteer work and work considered compensable employment. On December 21, the federal Department of Labor’s Wage and Hour Division issued an opinion letter...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Department of Labor Applies Ministerial Exception Under the Fair Labor Standards Act

The United States Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter, FLSA2018-29, on December 21, 2018, concluding that members of a religious organization were not subject to the Fair Labor...more

Holland & Knight LLP

Religious Institutions Update: September 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Key Cases - Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review - In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more

Flaster Greenberg PC

The Department of Labor Goes to Church – Tips for Employers with Charitable Components

Flaster Greenberg PC on

The U.S. Court of Appeals for the Sixth Circuit sided with a church operating the Lord’s Buffet and against the Department of Labor (“DOL”) in a case testing the reach of the Fair Labor Standards Act (“FLSA”). In Acosta v....more

Flaster Greenberg PC

Law @ Work Employer Newsletter - The Savvy Employer’s Guide to Legal Developments & Quirks that Affect the Workplace

Flaster Greenberg PC on

Welcome to the third edition of the Law @ Work Employer Newsletter. For those of you who read the Law @ Work blog, you know that the blog offers an in-depth analysis of important legal developments. This Newsletter fills in...more

Parker Poe Adams & Bernstein LLP

FLSA Does Not Regulate 'Spiritual Coercion'

The line between volunteer and unpaid labor can be difficult to distinguish. When do people freely agree to donate their time and services, and when are they persuaded or even coerced to do so?...more

Verrill

Unpaid Labor: Focus Shifts from Hollywood to Baseball to Church

Verrill on

In the past we have focused a lot on volunteer labor. The fact that generally an individual cannot “volunteer” to work for a for-profit business. The days of unpaid internships where someone volunteers their time to gain...more

Bradley Arant Boult Cummings LLP

Courts Strike Down Church Plan Exemptions for Church-Affiliated Organizations

Until recently, the Internal Revenue Service (IRS), the Department of Labor (DOL), and federal courts seemed to agree that a retirement plan established and maintained by a church-affiliated organization generally qualified...more

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