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Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

Department of Labor Opinion Letters

Volume 3 . Chapter 8, Part 2 . § 8-08.4
KeyPoint 8-08.4 The United States Department of Labor has issued several opinion letters addressing coverage of church employees under the Fair Labor Standards Act.

The United States Department of Labor has issued three "opinion letters" that directly address the application of the FLSA to church employees. These opinion letters are summarized below:

Opinion Letter FLSA2005-12NA (September 23, 2005)

A church employed a person in a full-time salaried position who also works a second job for the church as an hourly employee. It was the church's position that no employee of the church was engaged in interstate or commercial activities, and that the church did not receive financial support through any commercial ventures.

The Opinion Letter concluded ...

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