An employee splits his time between teaching preschool (24 hours per week) and serving as a custodian (16 hours per week). Our contract for preschool teachers doesn’t include benefits whereas our contract for other church employees, working more than 32 hours per week , are eligible for benefits. In total, he works 40 hours a week. Does that make him eligible for benefits as a full-time employee? Also, how do we handle overtime pay?

When a church also operates a preschool or school, the two parts of the church frequently have differing employee handbooks, benefits, and compensation structures. This dual nature arises from the state regulations imposed on daycare centers or preschools and schools.

Let’s first address the issue of overtime. The US Department of Labor views the church and its preschool or school as one employer. When nonexempt employees split their time between the two parts, overtime can occur. The church will owe overtime every time a nonexempt employee works more than 40 hours in a week (more than 8 hours in 24 hours in California).