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Church Law & Tax Report

November/December 2012
Articles with a Member Access Only are available only to members.

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Feature Article

New Best Practices for Protecting Children Member access only

Penn State's Freeh report emphasizes building a culture of risk management.

Articles

IRS Inches Closer to Church Inquiry Criteria Member access only

Agency also issues guidance on disregarded SMLLCs.

Year-End Checklist for Church Treasurers Member access only

End 2012's finances well by completing these ten key tasks.

Recent Developments

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

Breaking Away from the Parent Denomination Member access only

Binding arbitration clause controls church property dispute.
Connecticut
Church Business Meetings

Invalid Church Business Meetings Member access only

Pastor tries to sue church for violating bylaws.
Georgia
Church Property

Disaffiliating from a Parent Denomination Member access only

Two rulings address the control of church property.
California
Sexual Misconduct by Clergy, Lay Employees, and Volunteers

Court Applies "Ministerial Exception" to Church Discrimination Case Member access only

Employee discrimination claim left to church's decision.
Federal
Sexual Harassment

15-Employee Requirement for Churches Member access only

Church affiliates do not have to combine overall number of employees to meet Title VII rule.
Illinois
Employment Practices

Violating the Americans with Disabilities Act Member access only

Church terminates employee for refusing to work weekends to care for disabled daughter.
Georgia
Freedom of Religion

Concealed Weapon Law and Churches Member access only

Churches may prohibit guns in church.
North Carolina
Payroll Tax Reporting

Church Responsible for Payroll Taxes Member access only

Pastor deemed responsible for total amount of delinquent payroll taxes.
New York
Confidential and Privileged Communications

Clergy-Penitent Privilege Invalid in Murder Case Member access only

Deacon allowed to testify about murder suspect's confession.
Indiana
Sexual Misconduct by Clergy, Lay Employees, and Volunteers

Church Officials Reduce Counseling Payouts for Victim of Abuse Member access only

Court denies break of contract allegation against Archdiocese.

Tax Calendar

Important deadlines for churches and ministers

ChurchSalary

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Church Board Guide to Developing a Risk Management Strategy

Church Board Guide to Developing a Risk Management Strategy Member access only

Learn why it is essential your church develop a risk management strategy and how to implement the strategy in your church.
Your Guide To Employee Handbooks

Your Guide To Employee Handbooks Member access only

If updated regularly, an employee handbook can offer valuable legal protection against civil court claims made by disgruntled staff members.