As a general rule, religious organizations and churches are exempt from the FLSA. … When a church or religious organization operates a school, nursing home or rental hall, however, there may be sufficient nexus to require compliance with the FLSA’s minimum wage and overtime rules.
Does FLSA apply to churches?
FLSA enterprise coverage applies only when commercial activities generate at least $500,000 in annual revenues. … Under the FLSA, some organizations are deemed enterprises even if they do not meet the revenue threshold and even if they are run by churches, denominations, or other religious or nonprofit groups.
Do nonprofits have to follow FLSA?
Non-profit charitable organizations are not covered enterprises under the FLSA unless they engage in ordinary commercial activities that result in sales made or business done, such as operating a gift shop or providing veterinary services for a fee.
Who has to comply with FLSA?
Generally, the FLSA applies to employees of enterprises that have an annual gross volume of sales made or business done totaling $500,000 or more, and to employees individually covered by the law because they are engaged in interstate commerce or in the production of goods for commerce.
Are pastors exempt from overtime?
What about ministers and religious order workers? The FLSA does not explicitly exempt ministers from the overtime pay and minimum wage protections but note that “professional employees” are exempt from the FLSA which could include ministers so long as they meet the minimum salary test.
Are churches subject to EEOC?
Religious corporations, associations, educational institutions, or societies are exempt from the federal laws that EEOC enforces when it comes to the employment of individuals based on their particular religion.
What does it mean to be FLSA exempt?
The term “exempt employee” refers to a category of employees set out in the Fair Labor Standards Act (FLSA). Exempt employees do not receive overtime pay, nor do they qualify for minimum wage. When an employee is exempt, it primarily means that they are exempt from receiving overtime pay.
Can a volunteer be considered an employee?
Individuals who volunteer or donate their services, usually on a part-time basis, for public service, religious or humanitarian objectives, not as employees and without contemplation of pay, are not considered employees of the religious, charitable or similar non-profit organizations that receive their service.
Are nonprofits covered by FMLA?
The FMLA generally applies to all employers that meet the coverage tests, whether commercial, for-profit, nonprofit, or charitable. The Act does not alter that scope. However, employees of religious organizations who are “ministers” may be exempt under the so-called ministerial exception to employment laws.
How does a non profit pay employees?
Nonprofits have employees on staff, and despite having tax-exempt status, they’re subject to the same payroll taxes as for-profit organizations. They must withhold federal income tax and FICA (Social Security and Medicare) taxes from employee paychecks as well as pay the employer portion of FICA taxes.
Who does FLSA not apply to?
Employees at businesses that have an annual revenue of less than $500,000 and who do not engage in interstate commerce[i] Railroad workers (covered instead by the Railway Labor Act) Truck drivers (covered instead by the Motor Carriers Act) Independent contractors and freelance workers (they’re not employees)[ii]
Who is exempt from the FLSA?
Executive, administrative, professional and outside sales employees: (as defined in Department of Labor regulations) and who are paid on a salary basis are exempt from both the minimum wage and overtime provisions of the FLSA.
Do all employers have to follow FLSA?
The FLSA applies only to employers whose annual sales total $500,000 or more or who are engaged in interstate commerce. You might think that this would restrict the FLSA to covering only employees in large companies, but, in reality, the law covers nearly all workplaces.
Do churches have employees?
The simple answer is yes; paid church employees are considered employees by the IRS for income tax purposes. … Most ministers have a dual tax status. Their ministerial income qualifies them as self-employed for Social Security purposes, and they are considered church employees for income tax purposes.