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Pastor, Church & Law

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

Ministers

Volume 3 . Chapter 8, Part 2 . § 8-08.6
Key Point 8-08.6 Ministers who are employed to perform ministerial services, and who are paid a salary that meets or exceeds the "salary test," are professional employees exempt from the provisions of the Fair Labor Standards Act. Ministers not compensated on a salary basis, or who earn a salary below the salary test, may not be covered by the Act. Department of Labor regulations suggest that the Act does not apply to any ministers, and a few federal courts have ruled that the so-called ministerial exception prevents the application of the Act to ministers.

Question and Answer

Q: How does the FLSA treat ministers?A: Professional employees are exempt from FLSA, and this would include ministers so long as they meet the minimum salary ...

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