Church Law & Tax Report

March/April 2007

Feature Article

Must Churches Pay Overtime and the Minimum Wage?

Two federal courts address the issue.

Richard R. Hammar

Articles

Recent Developments

Issues that affect ministers and churches, with Richard R. Hammar

Criminal Liability

Chaplains and Miranda Warnings

It is important for police chaplains to clearly understand when they are required to provide Miranda warnings.

Church Members

Disruptive Church Members

An adult male who exhibited bizarre behavior in his church and community could not be involuntarily committed to a psychiatric hospital since he was not a danger to himself.

Church Property

Legal Owners of Church Property

A New York court ruled that a parent denomination held title to the property of a local church that voted to disaffiliate from the denomination.

Church Members; Church Records; Confidential and Privileged Communications

Inspecting Church Records

Most state nonprofit corporation laws give members a legal right to inspect corporate records for a "proper purpose."

Confidential and Privileged Communications; Counseling

Clergy-Penitent Privilege and Confidentiality

In many states, the presence of third persons during a conversation with a minister will prevent the conversation from being privileged.

Confidential and Privileged Communications; Counseling

Clergy-Penitent Privilege and Observations

Ministers can be compelled to testify regarding their "observations" or general impressions of a counselee's demeanor.

Denominations - Legal Liability; Employment Practices

Application of Laws to Specified Number of Employees

Some federal employment laws apply only to employers having a specified number of employees.

Denominations - Legal Liability; Sexual Misconduct by Clergy, Lay Employees, and Volunteers

The Ministerial Exception and Lawsuits

A federal court in Washington ruled that the "ministerial exception" prevented it from resolving several claims against a religious organization.

Contracts; Schools

Building Rental for Church Use

A federal court in South Carolina ordered a public school district to continue allowing a church to rent a school building for weekly worship services.

Officers, Directors, and Trustees

Internal Church Disputes

The courts will not resolve disputes regarding a church's spiritual or ecclesiastical affairs.

Personal Injuries on Church Property or During Church Activities; Schools

Release Forms Usefulness

Release forms should not be relied upon, and certainly should not be viewed as a substitute for sound risk management.

Sexual Harassment; Sexual Misconduct by Clergy, Lay Employees, and Volunteers

Sexual Harassment and Church Employees

A federal court in New York ruled that a local church and denominational agency could be sued for the sexual harassment of a church employee by two pastors.

Clergy - Discipline and Removal; Sexual Harassment; Sexual Misconduct by Clergy, Lay Employees, and Volunteers

Risks of Pastoral Counseling Services

Church leaders should never ignore "warning signs" that a staff member (employee or volunteer) has a propensity to engage in a particular kind of harmful conduct.

Clergy - Discipline and Removal; Sexual Harassment; Sexual Misconduct by Clergy, Lay Employees, and Volunteers

Sexual Abuse and Church Responsibility

A federal court in Nebraska ruled that two churches were not responsible on the basis of negligent hiring or supervision for a pastor's sexual molestation of his minor daughter.