Next Steps for Churches

Because of the injunction, churches that had planned to reclassify salaried, exempt employees who earned between $23,660 and $47,476 as hourly, nonexempt employees can simply maintain their current pay practices. However, churches should start tracking those employees’ hours because if the preliminary injunction is overturned, the plaintiffs’ bar likely will argue that the DOL’s overtime rule should have applied retroactively to December 1.

Churches that increased, or planned to increase, exempt employees’ salaries to $47,476 to maintain their exempt status would be within their rights to rescind those raises (but not recoup any increased salary already paid).

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Clergy Financial Resources serves as a resource for clients to help analyze the complexity of clergy tax law, church payroll & HR issues. Our professionals are committed to helping clients stay informed about tax news, developments and trends in various specialty areas.

This article is intended to provide readers with guidance in tax matters. The article does not constitute, and should not be treated as professional advice regarding the use of any particular tax technique. Every effort has been made to assure the accuracy of the information. Clergy Financial Resources and the author do not assume responsibility for any individual’s reliance upon the information provided in the article. Readers should independently verify all information before applying it to a particular fact situation, and should independently determine the impact of any particular tax planning technique. If you are seeking legal advice, you are encouraged to consult an attorney.

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