Key Point 8-08.04. The United States Department of Labor has issued several opinion letters addressing coverage of church employees under the Fair Labor Standards Act.
The United States Department of Labor has issued three "opinion letters" that directly address the application of the FLSA to church employees. These opinion letters are summarized below:
A church employed a person in a full-time salaried position who also works a second job for the church as an hourly employee. It was the church's position that no employee of the church was engaged in interstate or commercial activities, and that the church did not receive financial support through any commercial ventures.
The Opinion Letter concluded that the church was not subject to "enterprise" coverage under the FLSA:
Enterprise coverage does not apply to a private, ...
Interested in becoming a member? Learn more.
This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.
