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Church Employee Sues for Overtime Wages

Have an attorney who is familiar with FLSA review your policy manual.

Key Point 8-08.6. The Fair Labor Standards Act exempts employees employed in an executive, administrative, or professional capacity from the minimum wage and overtime pay provisions. To be covered by one of these exemptions, an employee must perform specified duties, and be paid a salary in excess of a specified amount.

A federal appeals court rejected a church employee's claim that her employing church violated the federal Fair Labor Standards Act by failing to pay her overtime compensation for hours worked in excess of 40 per week. The former principal (the "plaintiff") of a church school sued the church, claiming that it failed to (1) pay overtime wages pursuant to the FLSA; (2) notify her of her right to continuing health coverage under the Consolidated Omnibus Reconciliation Act ("COBRA"); and (3) adhere to the requirements of the Employment Retirement Income Security Act ("ERISA") in ...

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Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

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  • September 1, 2009