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Pastor, Church & LawMember access only

by Richard R. Hammar, J.D., LL.M., CPA

Ministers

§ 8.08.06
Key Point 8-08.6. Ministers who are employed to perform ministerial services, and who are paid a salary that meets or exceeds the "salary test," are professional employees exempt from the provisions of the Fair Labor Standards Act. Ministers not compensated on a salary basis, or who earn a salary below the salary test, may not be covered by the Act. Department of Labor regulations suggest that the Act does not apply to any ministers, and a few federal courts have ruled that the so called ministerial exception prevents the application of the Act to ministers.

How does the FLSA treat ministers? Professional employees are exempt from FLSA, and this would include ministers so long as they meet the minimum salary test ($455/week). What about ministers ...

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