Is Catholic Church exempt from Labor Laws?

[jmjconder]

I work part-time (.78%) as Director of Faith Formation in my parish. As many can understand, my responsibilities are numerous.

Since December, I have worked at least a 40-hour week and since January, I also have worked 115 of overtime hours. I have been paid for every hour but not at time and a half. I was told I “must balance overtime hours and compensatory time off within the same pay period” which is how it is stated in our Personnel Policy Manual.

In January, I informed our pastor that compensatory time off would not be reasonable for me and as it turned out was not. I have been told that the Catholic Church is exempt from Federal Labor Laws and does not need to pay me time and a half and also I did not ask permission on a weekly basis to work the overtime I will not be compensated for it.

This seems very unjust and possibly illegal. Does anyone know?

I welcome your opinions on this and I would need the legal citing if I am requesting reimbursement for the overtime.

 

[drafdog]

The church is a corporation under the laws of the US and as such is subject to labor laws, securities and exchange laws, etc. If you have a problem with the job you’re doing and the hours and pay, I suggest you check the terms of your contract and act accordingly.
You may require the services of an attorney if you can’t get things straitened out by discussing the matter with your immediate employer, priest, parish council, etc.

Matthew

 

[Newbie2]

It sounds like what the Policy manual is saying is that there is no overtime without approval of a supervisor, in this case, your Pastor.

If that’s the case, and you didn’t get approval for overtime, you’re out of luck. My understanding as an employer is that such an arrangement is legal, at least in our state.

BTW, I’m pretty sure the church is not exempt from federal labor law.

Anyway, if you knew this was the policy, what’s the problem? I can’t speak for the legal issue with certainty, but if that’s the policy in the manual, which you agreed to by accepting the job, there’s no injustice.

You knew about this since January and only now it’s become an issue??

 

[jmjconder]

Newbie2;
If that’s the case, and you didn’t get approval for overtime, you’re out of luck.

I informed Father in January, that every week would be at least a 40 hour work week. Therefore compensatory time off was not an option. He also knew that given the schedule of the comining months there was a signicant potential for overtime. So he was informed at that time in lieu of coming to him every week. He said not to worry we would deal with it at a later time.

You knew about this since January and only now it’s become an issue??

This has been an ongoing issue since January and now that the fiscal year is about to end and the issue has not been resolved I am growing more concerned.

 

[pnewton]

The federal labor laws have numerous exemptions built into them. Before assuming that the laws are violated, it would be best to find out if church’s are not one of the exemptions. It is may not be illegal. I bet you will find, though, that in a situation where compensatory time is not paid, it can also not be forfeited at the end of the week. You may be in for a long paid vacation.

 

[jmjconder]

I can’t speak for the legal issue with certainty, but if that’s the policy in the manual, which you agreed to by accepting the job, there’s no injustice.

One additional point as far as our policy manual. It is very difficult to know which points mean anything since there are many points that mean nothing. Unfortunately there are numerous examples of multiple violations. Is there any justice if the only measuring stick of fairness used is the parish manual.

 

[puzzleannie]

I work part-time (.78%) as Director of Faith Formation in my parish. As many can understand, my responsibilities are numerous.

Since December, I have worked at least a 40-hour week and since January, I also have worked 115 of overtime hours. I have been paid for every hour but not at time and a half. I was told I “must balance overtime hours and compensatory time off within the same pay period” which is how it is stated in our Personnel Policy Manual.

In January, I informed our pastor that compensatory time off would not be reasonable for me and as it turned out was not. I have been told that the Catholic Church is exempt from Federal Labor Laws and does not need to pay me time and a half and also I did not ask permission on a weekly basis to work the overtime I will not be compensated for it.

This seems very unjust and possibly illegal. Does anyone know?

I welcome your opinions on this and I would need the legal citing if I am requesting reimbursement for the overtime.

what are the terms of your contract or work agreement?
in most dioceses this position would be an employee at will, and would be governed by a work agreement which is a standard template for all parishes, with some provisions that are negotiated between the catechetical leader and the pastor. only directors of diocesan offices typically have actual contracts.

is there a contract template that governs religious sisters or brothers? laity?

if you are an exempt employee in any for-profit industry or non-profit you are generally not entitled to overtime pay, and comp time is negotiated in the terms of your contract or work agreement. sounds like time for a heart to heart with your pastor to explain why these working conditions are not contributing to the best performance of your job, the welfare of the parish, and the welfare of your family.

In this diocese if you are employed part-time you can ONLY work the agreed upon number of hours, because if you work over 40 hours for a given length of time, they must offer you benefits including health insurance, and no pastor wants to risk it.

if the OT is because of the way you are managing your workload, that is something you have to address yourself. it sounds as if your PT policy is similar to ours. for instance if the PT coordinator works 40 hours in week one of the 2 week pay period because of a special need (first communion time, retreats, whatever), she simply cannot work the next week, because she cannot go over 40 hours in a pay period.

same with office staff who are hourly, whether FT of PT. if they work an extra day or evening, they must take time off on another day during that pay period, and it is up to them to keep track of their hours.

simply don’t show up when you go over the set number of hours in the pay period, the pastor will soon get the message.

Federal labor laws about OT don’t generally apply to exempt employees in any venue, or to part-timers, and don’t come into play except for FT employees.

 

[Newbie2]

I informed Father in January, that every week would be at least a 40 hour work week. Therefore compensatory time off was not an option. He also knew that given the schedule of the comining months there was a signicant potential for overtime. So he was informed at that time in lieu of coming to him every week. He said not to worry we would deal with it at a later time.

This has been an ongoing issue since January and now that the fiscal year is about to end and the issue has not been resolved I am growing more concerned.

OK. But did he specifically authorize overtime?

Seems the both of you are then somewhat responsible for letting this go on so long without a resolution. Since the policy is set forth in writing, and you have no written proof, you’d have a difficult time proving that you’re entitled to anything beyond being paid for a 40 hour workweek…unless you have some sort of proof that overtime was authorized.

Now the question you need to answer is what do you want out to come out of this?

Do you want to continue to work there?

My advice, as an employer, is to sit down and reach an agreement from this point forward, if you want to continue to work there, and get it in writing so there’s no misunderstanding on the part of ether party.

I guess I don’t understand why compensatory time off cannot be arranged.

 

[cameron_lansing]

“The church is a corporation under the laws of the US”

The manner in which the various dioceses, parishes and other sponsored institutions of the Catholic Church are civilly structured varies among jurisdictions. As an entire Church itself, it is not recognized as a singular corporation.

Some dioceses are corporations sole, or variations of that, such as ecclesiastical corporations. Others are civilly structured along lines of a trust corporation. Some dioceses have individually civilly incorporated parishes.

“I have been told that the Catholic Church is exempt from Federal Labor Laws”

It is far more complicated than that and depends not only on the nature of the position but also the particular federal labor law being addressed, in this case, apparently the FLSA, and in that case, certain tests apply to establish exempt or non exempt status. Further, there are constant developments in federal labor law and regulations and even case law.

This really pertains to the competence of a civil attorney. However, you might look at your diocesan directory and review the various office and job titles. Someone there might be able to offer guidance. Often someone in the finance office will be aware of the requirements or can appropriately guide you to a knowledgeable source.

 

[Joannm]

I have worked for the church for a long time in different places and I have never received overtime. I work for a salary and if I stay late I am expected to just absorb it or take comp time. I usually don’t take comp time (I don’t even use all my vacation time) but I will take a few hours here and there. I actually don’t mind working overtime and my pastor is always telling me to take time off. But between diocesan meetings and other events I find it difficult to take the time. What I try to do is save up the time for a conference or out of town convention, but technically, that is worktime I guess…but I do have fun doing it.

Many of our parishioners work for a salary in upper management positions and many don’t get overtime…and many work very late hours. It is expected of them to do their job no matter how long it takes. I don’t know anyone working for the Church that gets paid overtime except maybe the maintenance men and women.

 

[jmjconder]

QUOTE=Newbie2Now the question you need to answer is what do you want out to come out of this?

I would like the 1/2 of my overtime that I believe I justly deserve.

Do you want to continue to work there?

Yes I live in a small town and love my parish though I do not appreciate what I know is unjust treatment in Catholic social justice issues.

I guess I don’t understand why compensatory time off cannot be arranged

.

I have always hoped for the same.

 

[jmjconder]

what are the terms of your contract or work agreement? …
if you are an exempt employee in any for-profit industry or non-profit you are generally not entitled to overtime pay, …
In this diocese if you are employed part-time you can ONLY work the agreed upon number of hours, because if you work over 40 hours for a given length of time, they must offer you benefits including health insurance, and no pastor wants to risk it…

if the OT is because of the way you are managing your workload, that is something you have to address yourself. it sounds as if your PT policy is similar to ours. for instance if the PT coordinator works 40 hours in week one of the 2 week pay period because of a special need (first communion time, retreats, whatever), she simply cannot work the next week, because she cannot go over 40 hours in a pay period.

same with office staff who are hourly, whether FT of PT. if they work an extra day or evening, they must take time off on another day during that pay period, and it is up to them to keep track of their hours.

Federal labor laws about OT don’t generally apply to exempt employees in any venue, or to part-timers, and don’t come into play except for FT employees.

This is all very interesting. I am a professional with a Master’s in Theology at our parish overseeing over 30+ volunteers as part- time an non-exempt employee (1640 hr/yr). The YM is a exempt HS graduate overseeing no adults or volunteers. See how this continues to get very complicated. The YM draws a full-time salary for working an average of 25 hours a week. It makes everything a bit unjust. I hope everyone who reads this can understand how difficult it can be for me. Please pray.

 

[quiet52]

from jmjconder: I work part-time (.78%) as Director of Faith Formation in my parish. As many can understand, my responsibilities are numerous…

Your parish has a PAID Director of Faith Formation?!?! I am so happy for your parish! Thank you for taking on the job!

Please share with us – what are some of your responsibilities? What size is your parish? Do you have any suggestions to help us persuade our pastors to create this PAID position in our parishes? Among your varied duties, what do you most enjoy doing?

Anyway, I hope you’ll be able to work out the compensation issue with your pastor. Shame on him for brushing you aside all these months.

Here are a couple of links re: the labor laws:

from: career-advice.monster.com/salary-trends/Whats-the-Difference-Between-Exempt/home.aspx

Exempt positions are excluded from minimum wage, overtime regulations, and other rights and protections afforded nonexempt workers. Employers must pay a salary rather than an hourly wage for a position for it to be exempt. Typically, only executive, supervisory, professional or outside sales positions are exempt positions.

Nonexempt employees, as the term implies, are not exempt from FLSA requirements. Employees who fall within this category must be paid at least the federal minimum wage for each hour worked and given overtime pay of not less than one-and-a-half times their hourly rate for any hours worked beyond 40 each week.

another site: dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.pdf