There’s a little-known exception to the Fair Labor Standards Act. But before you get excited, it likely doesn’t apply to any (or at least not very many) of your employees. It’s known as the “ministerial exception,” according to Doug Hass of Franczek Radelet, who analyzes the carve-out in a recent post. It was established by federal and state court judges to recognize the potential tension between the First Amendment and the government’s involvement in employment matters with religious entities.
“The ministerial exception from laws first appeared in cases before the turn of the 19th century,” says Hass. Since then a variety of employment laws have passed ensuring minimum wage, overtime and other employee protections. “However, the ministerial exception has survived,” he says.
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