Case Studies
Individual Coverage of Church Employees
- A church has annual revenue of $300,000 and employs four persons (a pastor, a youth pastor, a church secretary, and a custodian). It engages in no "businesses" that compete with for profit companies, and does not operate a preschool or school. The church secretary asks the pastor if she is entitled to overtime pay for hours that she occasionally works in excess of 40 per week. The secretary is not entitled to the overtime provisions of the Fair Labor Standards Act on the basis of enterprise coverage for two reasons. First, the church is not engaged in commerce or in the production of goods for commerce; and second, the church does not have business income of $500,000 or more.
- Same facts as the previous case study except that the secretary purchases office supplies from a local office supply store two or three times each year. Do these purchases satisfy the individual coverage provisions of the Act, entitling the secretary to overtime pay for hours worked in excess of 40 each week? Probably not. The Department of Labor's Opinion Letter dated November 4, 1984, states that church employees are individually covered under FLSA, even if their employing church is not an "enterprise," if they "regularly and recurrently use the telephone, telegraph, or the mails for interstate communication or receive, prepare, or send written material across state lines." However, individual coverage will not be asserted "for office and clerical employees of a church who only occasionally or sporadically devote negligible amounts of time to writing interstate letters or otherwise handle interstate mail or make bookkeeping entries related to interstate transactions."
- Same facts as case study 1, except that the secretary purchased office supplies once or twice each year over the Internet from the same out-of-state office supply store. These purchases were always less than $100 per order. Do these purchases satisfy the individual coverage provisions of the FLSA, entitling the secretary to overtime pay for hours worked in excess of 40 each week? Probably not. See the analysis in case study 2.
- Same facts as case study 1, except that for the past 3 years the church secretary has purchased office supplies about 10 times each year over the Internet from various out-of-state office supply stores. These purchases included computers, computer software, office equipment, and office supplies, and averaged $4,000 per year. Do these purchases satisfy the individual coverage provisions of the FLSA, entitling the secretary to overtime pay for hours worked in excess of 40 each week? Probably. The court in the Boekemeier case (summarized in Section 8-08.3) concluded that a church employee satisfied the individual coverage provision and was entitled to overtime pay since he made "recurrent and frequent purchases" of goods from five out-of-state vendors, amounting to between 14 and 30 purchases over a five year period (between three and six such purchases each year), for such items as custodial supplies and "important items to the church" such as a computer, electronic equipment, and a refrigerator. The secretary in this example made ten purchases from various out-of-state vendors each year, not only for office supplies but also for "important items to the church" such as computers and computer software.
- Same facts as case study 4, except that the church secretary makes all of these purchases from an office supply store a mile from the church (in the same state). Do these purchases satisfy the individual coverage provisions of the FLSA, entitling the secretary to overtime pay for hours worked in excess of 40 each week? No, they do not. In order for the secretary to qualify for individual coverage under the Act, she must be "engaged in commerce" or "engaged in the production of goods for commerce." The word "commerce" is defined by the FLSA as "trade, commerce, transportation, transmission, or communication among the several states or between any state and any place outside thereof." In other words, the "commerce" must be either interstate or foreign. Exclusively local commercial transactions, such as the secretary's purchases of office supplies from a local office supply store, do not meet this definition.
- Same facts as case study 4, except that the office supply store is ten miles away in another state. The analysis would be the same as in case study 4.
- Same facts as case study 1, except that the church secretary purchases Sunday school literature from an out-of-state publisher twice each year. Each shipment costs an average of $5,000. Do these purchases satisfy the individual coverage provisions of the FLSA, entitling the secretary to overtime pay for hours worked in excess of 40 each week? Probably. The court in the Boekemeier case (summarized in Section 8-08.3) noted that "sporadic and occasional shipments of insubstantial amounts of goods" are not enough to invoke the overtime pay and minimum wage provisions of the Act. While the purchases of Sunday school literature were certainly "occasional," these purchases did not consist of "insubstantial amounts of goods." Literature for the church's education program would be substantial both in terms of amount of goods purchased from the out-of-state vendor and the importance of those goods to the church.
- Same facts as case study 1, except that the secretary places or receives between 5 and 10 long distance calls each month involving persons in other states. Do these calls satisfy the individual coverage provisions of the FLSA, entitling the secretary to overtime pay for hours worked in excess of 40 each week? Probably so, according to the wording of the Fair Labor Standards Act and a Department of Labor publication. The Act defines "commerce" to include "transmission or communication among the several states or between any state and any place outside thereof." Further, a Department of Labor publication states that interstate commerce means "any work involving or related to the movement of persons or things (including intangibles, such as information) across state lines or from foreign countries." This publication gives the following example of an employee who is engaged in interstate commerce: "An employee such as an office or clerical worker who uses a telephone, facsimile machine, the U.S. mail, or a computer e-mail system to communicate with persons in another state." As a result, it is virtually certain that the Department of Labor would consider the secretary to be engaged in commerce, and therefore subject to the overtime pay and minimum wage provisions of the Act.
- Same facts as case study 1, except that the secretary sends and receives several e-mail messages each week from a computer in her church office. Many of these e-mails are sent to, and received from, persons in other states. The analysis in case study 8 would apply to this case study.
- Same facts as case study 1, except that the secretary occasionally travels to another state while performing her job. Do these trips satisfy the individual coverage provisions of the Act, entitling the secretary to overtime pay for hours worked in excess of 40 each week? Probably so, according to the wording of the Fair Labor Standards Act and publications issued by the United States Department of Labor. The word "commerce" is defined by the Act to include "transportation among the several states or between any state and any place outside thereof." A Department of Labor publication states that interstate commerce means "any work involving or related to the movement of persons or things (including intangibles, such as information) across state lines or from foreign countries." This publication gives the following example of an employee who is engaged in interstate commerce: "An employee who drives or flies to another state while performing his or her job duties." As a result, it is virtually certain that the Department of Labor would consider the secretary to be engaged in commerce, and therefore subject to the overtime pay and minimum wage provisions of the Act.
- Same facts as case study 10. What, if any, effect does the secretary's involvement in interstate commerce have upon the church custodian's entitlement to overtime pay and the minimum wage? The church does not meet the enterprise test since it is not engaged in commerce or in the production of goods for commerce, and does not have business income of $500,000 or more. Therefore, the only way for church employees to be covered by the Act's overtime pay and minimum wage provisions is by meeting the individual coverage requirements. Since individual coverage is on an individual basis, the fact that the secretary meets the individual coverage test has no effect on the church custodian. She will be entitled to overtime pay and the minimum wage only if she independently meets the individual coverage requirements summarized in this chapter.
Enterprise Coverage
- A church receives rental income of $550,000 each year from the rental of its facilities and several homes that it owns. In addition, it has at least two employees who are engaged in interstate commerce because of their frequent interstate purchases, telephone calls, and e-mail messages. The church meets the enterprise test since it "has employees engaged in commerce or in the production of goods for commerce" and has annual business income of at least $500,000. As a result, all of the church's non exempt employees are covered by the Act's overtime pay and minimum wage provisions.
- A church does not operate any businesses, and has annual revenue of $300,000. It also operates a preschool that generates an additional $20,000 of income. Are employees of the preschool and church covered by the Act's overtime pay and minimum wage requirements? The Act defines an enterprise to include any organization that "is engaged in the operation of a … preschool, elementary or secondary school, or an institution of higher education (regardless of whether or not such … institution or school is public or private or operated for profit or not for profit)." Does this mean that both preschool and church employees are covered by the Act's protections? Probably. Note that the Act's definition of an enterprise includes an organization that "is engaged in the operation of" a school or preschool. This language would include a church that operates a school or preschool, and so it should be assumed that all of the nonexempt employees of a church that operates a school or preschool are covered by the Act's overtime pay and minimum wage requirements.
Occasional workers (including nursery attendants)
- Lisa works for two hours on one Sunday each month in her church's nursery. She works as a volunteer, and receives no compensation. The FLSA has no application to her. The Department of Labor Opinion Letter of November 4, 1983 (summarized in Section 8-08.4) states: "Individuals who volunteer their services, usually on a part time basis, to a church or synagogue not as employees or in contemplation of pay are not considered to be employees within the meaning of FLSA. For example, persons who volunteer their services as lectors, cantors, ushers or choir members would not be considered employees. Like wise, persons who volunteer to answer telephones, serve as doorkeepers, or perform general clerical or administrative functions would not be employees."
- Same facts as the previous case study, except that the church pays Lisa $3 per hour for her services. Should the church pay Lisa the federal minimum wage? Assume that the state minimum wage is less than the federal minimum wage. Note the following factors that are relevant in answering this question. (1) The FLSA defines the term employee as "any individual employed by an employer," and adds that an employee includes a person who is "suffered or permitted" to work. This is a very broad definition, and is much broader than the definition used by the IRS for tax purposes. (2) The Department of Labor Opinion Letter of November 4, 1983 (quoted above) states: "In situations where the understanding is that the person will work for wages there will be an employment relationship." (3) If a church meets the definition of an enterprise, then compensated nursery workers (as well as other compensated staff positions) would be regarded by the Department of Labor as employees covered by the FLSA's protections. Note that the FLSA defines an enterprise to include any organization that is engaged "in the operation of a … preschool, elementary or secondary school, or an institution of higher education." So, churches that operate any of these entities will be regarded as enterprises by the Department of Labor. (4) If the church is not an enterprise, then nursery workers and other compensated workers will be covered by the FLSA's minimum wage and overtime pay provisions only if they meet the "individual coverage" requirement. In this regard, note that the Department of Labor Opinion Letter of November 4, 1983 (summarized in Section 8-08.4) states: "Individual coverage will not be asserted, however, for office and clerical employees of a church or synagogue who only occasionally or sporadically devote negligible amounts of time to writing interstate letters or otherwise handle interstate mail or make bookkeeping entries related to interstate transactions." If there is any doubt concerning a compensated worker's entitlement to the minimum wage and overtime pay, church leaders should seek legal advice.
Actual Time Worked in Commerce
- A church has annual revenue of $300,000, and employs four persons (a pastor, a youth pastor, a church secretary, and a custodian). It engages in no "businesses" that compete with for profit companies. The church secretary asks the pastor if she is entitled to overtime pay for hours that she occasionally works in excess of 40 per week. The secretary's "interstate" activities during year 2000 include (1) 7 purchases of church supplies over the Internet (each purchase was in a different week), and (2) 10 out-of-state telephone calls (each call was made during a different week, and no call was made during the same week as an Internet purchase). These purchases and telephone calls probably are enough to satisfy the individual coverage provisions of the Act, entitling the secretary to overtime pay for hours worked in excess of 40 each week. However, the church's records demonstrate that the secretary was engaged in interstate commerce only during 17 weeks of the year (the weeks in which Internet purchases and out-of-state telephone calls were made). Note that an employer's obligation to pay minimum wage or overtime compensation is determined on a weekly basis. As a result, the church could argue that the secretary was engaged in commerce only during these 17 weeks and was entitled to overtime pay only during these weeks and not for hours worked in excess of 40 during the remaining 35 weeks of the year when she was not engaged in commerce.
- Same facts as case study 16. The church keeps no records "clearly showing" the duties the secretary performed in interstate commerce and the wages she was paid during those weeks. The secretary is entitled to overtime pay for the entire year.
- A church operates a preschool five days each week. Can the church avoid the application of the Fair Labor Standards Act's overtime pay and minimum wage provisions by keeping records showing that its preschool employees are rarely if ever engaged in interstate commerce? Probably not. As noted above, the Act defines the term enterprise engaged in commerce or in the production of goods for commerce to include an enterprise that (1) "has employees engaged in commerce or in the production of goods for commerce" with annual business income of $500,000 or more, or (2) is engaged in the operation of a school. There is no requirement that preschool employees actually be engaged in commerce. They are covered by the Act because of the "enterprise" status of their employer.
Church Board Minutes
- A church custodian frequently works more than 40 hours per week, and is paid overtime compensation. The church board decides to place the custodian on a salary basis of $36,000 in order to avoid having to pay him overtime compensation. The board minutes state: "Custodian placed on salary of $36,000, to avoid overtime obligations." Church board members can be personally liable for violating the FLSA. This liability may be either criminal (in the case of willful violations) or civil. The Act specifies that "any person" who willfully violates the overtime pay or minimum wage provisions is subject to criminal prosecution. In addition, the Act specifies that any employer that violates the minimum wage or overtime pay provisions of the Act "shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages." In a recent federal court case, a church employee asserted that the church's board members were personally liable for their failure to pay him overtime compensation. He pointed to an excerpt in the minutes of the church board entitled "Concerns of the Board" which expressed concern over "overtime and compensatory time as it applies to hourly staff and to management." The court relied in part on this excerpt in concluding that the church and board may have "willfully" violated the overtime pay protections of the FLSA.[57] Boekemeier v. Fourth Universalist Society, 86 F.Supp.2d 280 (S.D.N.Y. 2000).
Employment Discrimination
Overview
Congress has enacted a variety of employment and civil rights laws, including:
- Title VII of the Civil Rights Act of 1964
- Americans with Disabilities Act
- Age Discrimination in Employment Act
- Family and Medical Leave Act
- Fair Labor Standards Act
- National Labor Relations Act
- Employee Polygraph Protection Act
- Occupational Safety and Health Act
Congress enacted all of these laws under its constitutional authority to regulate interstate commerce. Is a church engaged in a business, industry, or activity affecting commerce? Maybe yes, maybe no. Churches can be exposed to substantial liability if they mistakenly assume that they are not subject to federal employment laws because they do not meet the commerce requirement.
Some federal civil rights and employment laws apply only to employers having a minimum number of employees. You'll want to be sure you understand the determining factors in whether or not your church is held to the federal requirements for these civil rights laws.
And don't be lulled into thinking the First Amendment guaranty of religious freedom means these civil rights laws don't apply to you and your church. Although the courts have applied a socalled ministerial exception in many cases, there have been several instances where the ministerial exception did not hold up in court. Here's a quick snapshot of how the civil rights laws may affect your church and ministers. If you have the required minimum number of employees.
Title VII & the Church
This law prevents against discrimination in hiring on the basis of race, color, national origin, gender, or religion. Religious organizations are exempt from the ban on religious discrimination, but not from the other prohibited forms of discrimination.
The Church & Sexual Harassment
Sexual harassment addresses unwelcome sexual contact, whether or not that contact is voluntary. Churches are held to the same standards of conduct regarding sexual harassment among employees.
The Age Discrimination in Employment Act
Churches can't discriminate in hiring on the basis of age.
The Americans with Disabilities Act
Religious organizations are not required to comply with the ADA requirements to hire and accommodate the mobility, transportation and communication needs of disabled employees.
Family and Medical Leave Act
Religious organizations are required to allow employees up to 12 weeks of unpaid leave each year on account of certain medical and family needs.
The Occupational Safety and Health Act
By law, churches are required to follow OSHA's regulations for safe and healthy work conditions.
Remember, many of these laws only apply to churches that employ the required number of staff. Read the rest of this chapter to learn the specifics.
Table of Contents
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1Definitions and Status
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§ 1.01Distinctions Between the Terms Pastor, Clergy, Minister
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§ 1.02Definition of the Terms Pastor, Clergy, Minister — In General
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§ 1.03Status—Employee or Self Employed
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§ 1.03.01Social Security
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§ 1.03.02Income Taxes
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§ 1.03.03Retirement Plans
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§ 1.03.04Legal Liability
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§ 1.03.05Miscellaneous Federal and State Statutes
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§ 1.04Status—Ordained, Commissioned, or Licensed
2The Pastor-Church Relationship
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§ 2.01Initiating the Relationship—In General
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§ 2.01.01Congregational Churches
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§ 2.01.02Hierarchical Churches
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§ 2.01.03Compliance with a Church's Governing Instrument in the Selection of a Minister
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§ 2.01.04Civil Court Review of Clergy Selection Disputes—the General Rule of Non-Intervention
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§ 2.01.05Civil Court Review of Clergy Selection Disputes—Limited Exceptions to the General Rule
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§ 2.01.06Negligent Selection
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§ 2.02The Contract
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§ 2.03Compensation
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§ 2.04Termination
3Authority, Rights, and Privileges
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§ 3.01General Scope of a Minister's Authority
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§ 3.02Officer of the Church Corporation
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§ 3.03Property Matters
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§ 3.04Performance of Marriage Ceremonies
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§ 3.05Exemption from Military Duty
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§ 3.06Exemption From Jury Duty
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§ 3.07The Clergy-Penitent Privilege—In General
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§ 3.07.01A "Communication"
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§ 3.07.02Made in Confidence
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§ 3.07.03To a Minister
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§ 3.07.04Acting in a Professional Capacity as a Spiritual Adviser
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§ 3.07.05In the Course of Discipline
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§ 3.08The Clergy-Penitent Privilege—Miscellaneous Issues
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§ 3.08.01Clergy-Parishioner Relationship
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§ 3.08.02Marriage Counseling
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§ 3.08.03Who May Assert the Privilege
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§ 3.08.04When to Assert the Privilege
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§ 3.08.05Waiver of the Privilege
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§ 3.08.06The Privilege in Federal Courts
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§ 3.08.07Constitutionality of the Privilege
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§ 3.08.08Child Abuse Reporting
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§ 3.08.09Confidentiality
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§ 3.08.10Disclosure to Civil Authorities
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§ 3.08.11Church Records
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§ 3.08.12Death of the Counselee
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§ 3.09Visiting Privileges at Penal Institutions
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§ 3.10Immigration of Alien Ministers, Religious Vocations, and Religious Occupations
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§ 3.11Miscellaneous Benefits
4Liabilities, Limitations, and Restrictions
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§ 4.01Negligence
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§ 4.02Defamation—In General
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§ 4.02.01Pastors Who Are Sued for Making Defamatory Statements
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§ 4.02.02Pastors Who Are Victims of Defamation
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§ 4.02.03Defenses
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§ 4.03Undue Influence
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§ 4.04Invasion of Privacy
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§ 4.05Clergy Malpractice
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§ 4.06Contract Liability
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§ 4.07Securities Law Violations
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§ 4.08Failure to Report Child Abuse
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§ 4.09Diversion of Church Funds
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§ 4.10State Regulation of Psychologists and Counselors
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§ 4.11Sexual Misconduct
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§ 4.11.01Theories of Liability
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§ 4.11.02Defenses to Liability
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5Definitions
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§ 5.01Tax Legislation—Federal
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§ 5.01.01Churches
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§ 5.01.02Mail Order Churches
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§ 5.01.03Other Religious Organizations
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§ 5.01.04Tax Legislation—State
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§ 5.02Zoning Law
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§ 5.02.01Churches
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§ 5.02.02Accessory Uses
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6Organization and Administration
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§ 6.01Unincorporated Associations
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§ 6.01.01Characteristics
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§ 6.01.02Personal Liability of Members
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§ 6.01.03Creation and Administration
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§ 6.02Corporations
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§ 6.02.01The Incorporation Process
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§ 6.02.02Charters, Constitutions, Bylaws, and Resolutions
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§ 6.03Church Records
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§ 6.03.01Inspection
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§ 6.03.02“Accountings” of Church Funds
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§ 6.03.03Public Inspection of Tax-Exemption Applications
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§ 6.03.04Government Inspection of Donor and Membership Lists
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§ 6.03.05The Church Audit Procedures Act
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§ 6.03.06Who Owns a Church’s Accounting Records?
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§ 6.04Reporting Requirements
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§ 6.04.01State Law
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§ 6.04.02Federal Law
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§ 6.05Church Names
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§ 6.06Officers, Directors, and Trustees—In General
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§ 6.06.01Election or Appointment
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§ 6.06.02Authority
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§ 6.06.03Meetings
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§ 6.06.04Removal
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§ 6.07Officers, Directors, and Trustees—Personal Liability
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§ 6.07.01Tort Liability
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§ 6.07.02Contract Liability
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§ 6.07.03Breach of the Fiduciary Duty of Care
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§ 6.07.04Breach of the Fiduciary Duty of Loyalty
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§ 6.07.05Violation of Trust Terms
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§ 6.07.06Securities Law
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§ 6.07.07Wrongful Discharge of an Employee
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§ 6.07.08Willful Failure to Withhold Taxes
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§ 6.07.09Exceeding the Authority of the Board
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§ 6.07.10Loans to Directors
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§ 6.08Immunity Statutes
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§ 6.08.01Directors and Officers Insurance
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§ 6.09Members—In General
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§ 6.09.01Selection and Qualifications
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§ 6.09.02Authority
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§ 6.10Members—Discipline and Dismissal
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§ 6.10.01Judicial Nonintervention
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§ 6.10.02“Marginal” Civil Court Review
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§ 6.10.03Preconditions to Civil Court Review
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§ 6.10.04Remedies for Improper Discipline or Dismissal
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§ 6.11Members—Personal Liability
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§ 6.12Meetings of Members
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§ 6.12.01Procedural Requirements
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§ 6.12.02Minutes
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§ 6.12.03Parliamentary Procedure
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§ 6.12.04Effect of Procedural Irregularities
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§ 6.12.05Judicial Supervision of Church Elections
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§ 6.12.06Who May Attend
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§ 6.13Powers of a Local Church
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§ 6.14Merger and Consolidation
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§ 6.15Dissolution
7Church Property
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§ 7.01Church Property Disputes—In General
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§ 7.02Church Property Disputes—Supreme Court Rulings
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§ 7.03State and Lower Federal Court Rulings
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§ 7.04Church Property Disputes—Dispute Resolution Procedures
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§ 7.05Transferring Church Property
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§ 7.06Zoning Law
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§ 7.07Restricting Certain Activities Near Church Property
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§ 7.08Building Codes
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§ 7.08.01Lead Paint on Church Property
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§ 7.09Nuisance
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§ 7.10Landmarking
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§ 7.11Eminent Domain
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§ 7.12Defacing Church Property
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§ 7.13Restrictive Covenants
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§ 7.14Reversion of Church Property to the Prior Owner
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§ 7.15Materialmen’s Liens
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§ 7.16Religious Discrimination in the Sale or Rental of Church Property
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§ 7.17Removing Disruptive Individuals
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§ 7.18Adverse Possession
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§ 7.19Accounting for Depreciation
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§ 7.20Premises Liability
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§ 7.20.01Liability Based on Status as Invitee, Licensee, or Trespasser
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§ 7.20.02Defenses to Premises Liability
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§ 7.20.03Use of Church Property by Outside Groups
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§ 7.20.04Assaults on Church Property
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§ 7.20.05Skate Ramps
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§ 7.20.06Sound Rooms
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§ 7.21Embezzlement
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§ 7.22Places of Public Accommodation
8Employment Law
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§ 8.01Introduction: Selection of Employees
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§ 8.02New Hire Reporting
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§ 8.03Employment Eligibility Verification
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§ 8.04Immigration
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§ 8.05Negligent Selection
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§ 8.06Introduction: Compensation and Benefits
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§ 8.07Workers Compensation
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§ 8.08Fair Labor Standards Act
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§ 8.08.01Enterprises
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§ 8.08.02Individual Coverage
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§ 8.08.03Federal Court Rulings
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§ 8.08.04Department of Labor Opinion Letters
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§ 8.08.05Exemptions
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§ 8.08.06Ministers
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§ 8.08.07State Laws
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§ 8.08.08Case Studies
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§ 8.09Introduction to Federal Employment and Civil Rights Laws—The “Commerce” Requirement
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§ 8.09.01Counting Employees
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§ 8.10The “Ministerial Exception” under State and Federal Employment Laws
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§ 8.11Procedure for Establishing a Discrimination Claim
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§ 8.12Title VII of the Civil Rights Act of 1964
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§ 8.12.01Application to Religious Organizations
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§ 8.12.02Application to Religious Educational Institutions
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§ 8.12.03Religion as a "Bona Fide Occupational Qualification"
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§ 8.12.04Discrimination Based on Religion or Morals
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§ 8.12.05Sexual Harassment
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§ 8.12.06The Catholic Bishop Case
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§ 8.12.07Failure to Accommodate Employees’ Religious Practices
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§ 8.12.08The Religious Freedom Restoration Act
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§ 8.12.09The Civil Rights Act of 1991
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§ 8.13The Age Discrimination in Employment Act
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§ 8.14The Americans with Disabilities Act
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§ 8.14.01Discrimination in Employment
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§ 8.14.02Discrimination in Public Accommodations
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§ 8.15Family and Medical Leave Act
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§ 8.16Employer “Retaliation” Against Victims of Discrimination
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§ 8.17Discrimination Based on Military Status
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§ 8.18Employee Polygraph Protection Act
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§ 8.19Occupational Safety and Health Act
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§ 8.20Display of Posters
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§ 8.21Discrimination under State Laws
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§ 8.22Termination of Employees
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§ 8.22.01Severance Agreements
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§ 8.23National Labor Relations Act
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§ 8.24Reference Letters
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§ 8.25Employee Evaluations
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§ 8.26Employment Interviews
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§ 8.27Arbitration
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§ 8.28Employee Handbooks
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§ 8.29Employee Privacy
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§ 8.30Insurance
9Government Regulation of Churches
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§ 9.01Introduction
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§ 9.02Regulation of Charitable Solicitations
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§ 9.03Limitations on Charitable Giving
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§ 9.04Federal and State Securities Law
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§ 9.05Copyright Law
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§ 9.05.01Copyright Ownership
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§ 9.05.02Works Made for Hire
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§ 9.05.03Exclusive Rights
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§ 9.05.04Infringement
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§ 9.05.05The "Religious Service" Exemption to Copyright Infringement
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§ 9.05.06Electronic Media
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§ 9.05.10Other Exceptions to Copyright Infringement
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§ 9.06Government Investigations
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§ 9.07Judicial Resolution of Church Disputes
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§ 9.08Political Activities by Churches and Other Religious Organizations
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§ 9.09Bankruptcy Law
10Church Legal Liability
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§ 10.01Negligence as a Basis for Liability—In General
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§ 10.02Vicarious Liability (Respondeat Superior)
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§ 10.02.01The Requirement of Employee Status
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§ 10.02.02Negligent Conduct
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§ 10.02.03Course of Employment
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§ 10.02.04Inapplicability to Nonprofit Organizations
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§ 10.03Negligent Selection of Church Workers—In General
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§ 10.04Negligent Selection of Church Workers—Sexual Misconduct Cases Involving Minor Victims
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§ 10.05Negligent Selection of Church Workers—Sexual Misconduct Cases Involving Adult Victims
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§ 10.05.01Court Decisions Recognizing Negligent Selection Claims
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§ 10.05.02Court Decisions Rejecting Negligent Selection Claims
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§ 10.05.03Risk Management
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§ 10.06Negligent Selection of Church Workers—Other Cases
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§ 10.07Negligent Retention of Church Workers—In General
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§ 10.07.01Court Decisions Recognizing Negligent Retention Claims
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§ 10.07.02Court Decisions Rejecting Negligent Retention Claims
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§ 10.07.03Risk Management
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§ 10.08Negligent Supervision of Church Workers—In General
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§ 10.09Negligent Supervision of Church Workers—Sexual Misconduct Cases Involving Minor Victims
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§ 10.09.01Court Decisions Recognizing Negligent Supervision Claims
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§ 10.09.02Court Decisions Rejecting Negligent Supervision Claims
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§ 10.09.03Risk Management
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§ 10.10Negligent Supervision of Church Workers—Sexual Misconduct Cases Involving Adult Victims
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§ 10.10.01Court Decisions Recognizing Negligent Supervision Claims
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§ 10.10.02Court Decisions Rejecting Negligent Supervision Claims
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§ 10.10.03Risk Management
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§ 10.11Negligent Supervision of Church Workers—Other Cases
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§ 10.11.01Risk Management
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§ 10.12Counseling—In General
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§ 10.12.01Risk Management
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§ 10.13Breach of a Fiduciary Duty
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§ 10.13.01Court Decisions Recognizing Fiduciary Duty Claims
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§ 10.13.02Court Decisions Rejecting Fiduciary Duty Claims
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§ 10.13.03Risk Management
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§ 10.14Ratification
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§ 10.15Defamation
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§ 10.16Defenses to Liability
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§ 10.16.01Contributory and Comparative Negligence
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§ 10.16.02Assumption of Risk
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§ 10.16.03Intervening Cause
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§ 10.16.04Statutes of Limitations
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§ 10.16.05Charitable Immunity
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§ 10.16.06Release Forms
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§ 10.16.07Insurance
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§ 10.16.08Other Defenses
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§ 10.17Damages—In General
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§ 10.17.01Punitive Damages
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§ 10.17.02Duplicate Verdicts
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§ 10.18Denominational Liability—In General
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§ 10.18.01Court Decisions Recognizing Vicarious Liability
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§ 10.18.02Court Decisions Rejecting Vicarious Liability
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§ 10.18.03Defenses to Liability
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§ 10.18.04Risk Management
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§ 10.18.05The Legal Effect of a Group Exemption Ruling
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§ 10.19Risks Associated with Cell Phones
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§ 10.20Risks Associated with the Use of 15-Passenger Vans
12The Present Meaning of the First Amendment Religion Clauses
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§ 12.01The Establishment Clause
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§ 12.01.01The Lemon Test
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§ 12.02The Free Exercise Clause
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§ 12.02.01The Smith Case
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§ 12.02.02The Religious Freedom Restoration Act
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§ 12.02.03The City of Boerne Case
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§ 12.02.04Conclusions
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13Significant First Amendment Issues
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§ 13.01The Right to Witness
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§ 13.02Prayer on Public Property other than Schools
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§ 13.03Prayer During Public School Activities
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§ 13.04Display of Religious Symbols on Public Property
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§ 13.05Recurring Use of Public Property by Religious Congregations for Religious Services
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§ 13.06Nonrecurring Use of Public Property by Adults for Religious Events and Activities
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§ 13.07Use of Public School Property by Students for Religious Purposes
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§ 13.08Sunday Closing Laws
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§ 13.09The Right to Refuse Medical Treatment
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§ 13.10Definition of "Religion" and "Religious"
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