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Continuing our discussion regarding minimum wage and overtime rules:

The new rules, which are set to take effect on December 1, 2016, might be delayed until June 1, 2017, pending the signing of a bill approved by the House of Representatives. Many doubt the delay will be approved by the Senate and signed into law.

For now, it is important that the church properly classify each employee as either exempt, non-exempt or ministerial. A job description is also necessary for each employee. If the church claims the ministerial exception for an employee, the job description can be used to support that claim. However, the job description should show spiritual oversight and/or essential religious duties are part of the employee’s position. We recommend consulting an attorney familiar with religious organization employment law to make sure that the job descriptions are properly prepared and would properly support the ministerial exemption.

Another exception to the FMLA rules are teachers, provided that the school meets the “educational establishment” requirements as set by the Department of Labor.

Proper documentation and record keeping is required, regardless of the employee classification. The church must be able to make these records available within 72 hours following notice by the DOL.

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