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Exempt?
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1. Do exempt/non exempt rules apply in church settings the same as regular private industry? It is my understanding that FLSA rules DO NOT APPLY to organizations not intending to make a profit (churc
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Exempt?
posted at 12/8/2011 11:40 AM EST
on Workforce Management
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Posts: 174
First: 9/20/2011 Last: 2/11/2013 |
1. Do exempt/non exempt rules apply in church settings the same as regular private industry? It is my understanding that FLSA rules DO NOT APPLY to organizations not intending to make a profit (churches and charitable institutions) 2. If my understanding is incorrect, would an organist whose duties included playing and conducting choral groups be considered exempt if they met the salary test? |
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Re: Exempt?
posted at 12/9/2011 12:08 PM EST
on Workforce Management
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Posts: 144
First: 9/21/2011 Last: 2/8/2013 |
here's one article I found, but it is dated 2009: http://www.churchsafety.com/discussion/askourexperts/kathleenjturpin/q3.html She states " Religious organizations are not specifically exempted under the FLSA; in fact, many courts have held that this law does apply to employees of religious organizations" and goes on to discuss specific situations. As to exempt or not, I know I've seen this asked on another board I am on. You might check out this posting: http://www.legalworkplace.com/forum/forum_posts.asp?TID=1725 |
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Re: Exempt?
posted at 12/12/2011 8:38 AM EST
on Workforce Management
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Posts: 32
First: 10/25/2011 Last: 8/27/2012 |
Howard, this article may help. http://cumberland.samford.edu/files/lc/LC_V3_N2.pdf |
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Re: Exempt?
posted at 12/12/2011 9:52 AM EST
on Workforce Management
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Posts: 174
First: 9/20/2011 Last: 2/11/2013 |
In Response to Re: Exempt?: Howard, this article may help. http://cumberland.samford.edu/files/lc/LC_V3_N2.pdf Posted by HRPro HRPRO-Thanks for your suggestion but did you notice the article is almost 20 years old. I'm thinking there must be more recent rulings. RRupert-I looked at the posting you suggested. It was more directed at the IC/employee question. After other research on my part I have concluded that the position is probably non exempt since it does not have a meaningful management role and it is not a role that has any measureable financial impact on the organization. |
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Re: Exempt?
posted at 12/13/2011 10:49 AM EST
on Workforce Management
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Posts: 1
First: 12/13/2011 Last: 12/13/2011 |
Howard, That's an interesting question and one that I recently researched for the church I attend in TN. As you probably know, the federal circuit courts dont always agree with each other so state specific reseach would be beneficial. That being said, the same exempt/non exempt analysis generally applies in the 501c world. Of course, that analysis is based on the employee's specific work duties. If you beleive those duties qualify for an exemption, I would write out a detailed job description and have the employee attest. Periodically, review performance with the employee. The most difficult FLSA case to defend happens where the employees denies the important duties in a deposition and the employer does not have other documents which evidence those duties. |
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Re: Exempt?
posted at 12/13/2011 2:28 PM EST
on Workforce Management
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Posts: 174
First: 9/20/2011 Last: 2/11/2013 |
In Response to Re: Exempt?: Howard, That's an interesting question and one that I recently researched for the church I attend in TN. As you probably know, the federal circuit courts dont always agree with each other so state specific reseach would be beneficial. That being said, the same exempt/non exempt analysis generally applies in the 501c world. Of course, that analysis is based on the employee's specific work duties. If you beleive those duties qualify for an exemption, I would write out a detailed job description and have the employee attest. Periodically, review performance with the employee. The most difficult FLSA case to defend happens where the employees denies the important duties in a deposition and the employer does not have other documents which evidence those duties. Posted by blanchfield Thanks for your input. As noted above we are going to make the position salaried, non exempt. Of course as long as the person does not work more than 40 hrs per week, we are ok either way. |
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Re: Exempt?
posted at 1/25/2012 3:51 PM EST
on Workforce Management
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Posts: 174
First: 9/20/2011 Last: 2/11/2013 |
In Response to Re: Exempt?: Non-exempt being paid a salary would be a problem in CA. Posted by jehnsh Why if they never work sufficient hours to qualify for OT? |
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