Jump directly to the content
How do we pay nonexempt staff for after-hours communications?

Many churches have policies stating that nonexempt workers are prohibited from off-the-clock work, such as answering calls, texts, and emails from home. But I'm looking for guidance in the circumstance where it is expected, and even required, for employees to answer such communications after hours.

Employers may require nonexempt employees to be on call at all times, but they must pay nonexempt employees their regular hourly rate plus overtime for all on-call time. For this reason, many employers explicitly prohibit employees from responding to texts, emails, and calls after scheduled work time.

Some states require employers to pay a minimum amount of time—usually two to three hours' worth—whenever nonexempt employees respond to an after-hours call, email, or text. If these employees are not on call and the church does not require an employee to respond to after-hours calls, texts, and emails, federal law still requires the employer to compensate the employee at least one-tenth of an hour of pay each time the employee responds to a call, email, or text.

Article Preview

This article is currently available to ChurchLawAndTax.com subscribers only. To continue reading:

From Issue:
View All
from our store
Church Compensation

Church Compensation

Learn the many pieces of employee compensation so you're in compliance with government guidelines and your ministry staff is properly cared for.
2018 Compensation Handbook for Church Staff

2018 Compensation Handbook for Church Staff

Compare your salary and benefit plans with thousands of other church workers nationwide.
Best Practices for Technology Usage

Best Practices for Technology Usage

Establish policies and best practices to govern the use of technology for church staff.
Church IT

Church IT

Learn how to find the best solutions when choosing software and hardware for your church.
ChurchSalary

Receive a customized salary report for up to 18 different ministry positions. Learn how your church should compensate based on size, budget, location, and employee work experience.