If you compensate your full-time church staff on a salary or hourly basis, you should be aware of how those positions are defined by the Fair Labor Standards Act.
Exempt (which includes most salaried positions) employees fall under one of the following three categories:
In addition, exempt employees' compensation is based on the type of work they perform rather than the number of hours they work. With limited exceptions, exempt employees' pay may not be reduced for partial-day absences.
Nonexempt (or hourly) employees are paid for the actual hours worked. Accurate records must be kept to ensure that proper compensation is given. While you can usually require a nonexempt employee to work overtime, you must pay time-and-a-half for any work done in excess of 40 hours in a week.
Overtime must be paid in cash, not in the promise of future days off. Employers may only offer time off if it's taken within the same week the overtime was worked (flex time). Nonexempt employees cannot voluntarily work overtime without pay.
The information in this article is intended to be helpful, but it does not constitute legal advice and is not a substitute for the advice from a licensed attorney in your area. We strongly encourage you to regularly consult with a local attorney as part of your risk management program.