Federal and State Laws and the religious organization

HR Brat

I am wondering if federal and state employment laws and regulations apply to religious organizations as well, i.e. churches with staff over 50, etc.

WT

Law and the church is a whole category of study in itself. Many laws do not apply to religious organizations. As a very general rule, such issues as taxes on employees, compensation for work related injuries, or safety codes such as exits or fire resistant construction would apply. However, churches can and do require that employees conform to specific articles of faith, belong to a certain religion, observe certain norms of behavior in their life away from the work place, and generally do what is needed to carry out their mission in regards to their faith. In general, courts are reluctant to interfere with such behavior which would be prohibited on the part of a non-religious employer.

Theresa Gegen TX

Also, large churches, that are involved in secular activities as well as religious activities are often covered by the laws. An example of a secular activity could be the selling of religious materials (literature and icons) that could generate income. There can also be coverage if the church runs a school.

Good Luck!

bsa

Churches and clergy have been involved in sexual harassment charges. And they have to follow the same rules about paying overtime. Churches have to be accessible to handicapped. I don't think there is that much separation.

Theresa Gegen TX

The First Amendment to the Constitution (that gives freedom of religion) really does limit the application of some of these laws, especially laws like religious discrimination and gender discrimination. A law firm I worked at last year sucessfully argued to the 5th Circuit Court of Appeals that the termination claim of a Lay Minister, that she had based on sex-discrimination (note: not harrassment, but straight discrimination), could not be reviewed by the Court because of the First Amendment). The Fifth Circuit agreed and threw out her claim.

However, when it comes to hiring employees who are involved in secular activity (like Janitors as opposed to Sunday School Teachers), the laws would apply.

And (shockingly!), not all churches are required to pay overtime under the Fair Labor Standards Act (FLSA). To be covered the church must be engaged in a minimum amount of commerical activity, and some small independant churches may not meet the threshold. (A large church organization -- like the Catholic Church -- that is involved in religious and secular [schools and hospitals, etc] activities is clearly covered.). I had to research this before for a Church and the touchstone of the case law is whether the church is involved in any commerical activities (for example, selling books, etc).