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Church Law & Tax Report

November/December 2011
Articles with a Member Access Only are available only to members.

Feature Article

Feature Article

Stacking Up Electronics in the Church Member access only

Gadgets present legal, tax issues for leaders.


Excessive Pay and Benefits  Member access only

Though rare, blind spots can trip up any church.

Recent Developments

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

Beware of Fundraising Schemes Member access only

A warning to trusting churches.
Invasion of Privacy

Invasion of Privacy Lawsuit Member access only

The dangers of communicating potentially damaging information about employees.
New York
Clergy - Removal

Incorporated Arbitration Clauses Member access only

Have an attorney review any arbitration policy to ensure its enforceability.
Church Records

Members' Right to Inspect Church Records Member access only

Members may inspect records only if they have a “proper purpose” for doing so.
Church Records

Is a Church Obligated to Share Member Records? Member access only

State nonprofit corporation law may override protection of privacy.
Minimum Wage and Overtime Pay

FLSA and the Ministerial Exception Member access only

Federal court rules that a seminarian cannot claim unpaid overtime compensation.

Release Forms Member access only

Have your insurance agent and an attorney review releases before you use them.
Compensation and Benefits; Employment Practices; Fair Labor Standards Acts; Minimum Wage and Overtime Pay

Overtime Pay for Work-Related Smartphone Use Member access only

Follow these steps to reduce your risk of overtime liability.


Q&A: Can We Be Penalized for an Inflated Property Value? Member access only

What donors should know about penalties for overvaluations.