Q: 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.
Nonexempt employees can always be on call
Employers may require nonexempt employees to be on call at all times. However, 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.
State guidelines for on-call pay vary
Some states require employers to pay a minimum amount of time whenever nonexempt employees respond to after-hours communications.
If these employees are not on call and the church does not require an employee to respond to after-hours communications, federal law still requires the employer to pay them. Payment must be at least one-tenth of an hour of pay each time the employee responds.
In other words, your church needs to manage its expectations and costs. If it doesn’t want this kind of activity going on, it needs a policy prohibiting after-hours communications. It also needs to communicate that policy regularly and directly.
It also needs leadership, including pastoral staff, to reinforce the policy. This is especially true when it comes to expectations of church support staff.
One church started docking a pastor $100 every time he sent an after hours email or text to support staff. It didn’t take long for the pastor to stop contacting his support person after work.
DOL guidance
For a helpful factsheet on rules and violations related to overtime pay for nonexempt employees, see Fact Sheet #53 at DOL.gov. While this fact sheet explores violations related to the health care industry, the information also applies to churches.
