Religious Institutions

FordHarrison’s Religious Institutions Practice Group is comprised of attorneys who understand the business side of religious institutions and the common labor and employment issues religious institutions face. Our attorneys assist numerous churches, synagogues, ministries, and other religious organizations and are familiar with the unique issues that arise in religious institutions.

While understanding and following employment laws is crucial, it is also important to know how specific laws apply to religious organizations. The application of employment laws to religious institutions is unique and involves specific jurisdictional issues and exemptions. Drafting handbooks and policies and providing training is also unique with the challenge being to comply with the law and maintain the institution’s mission. 

Although bona fide religious institutions are exempt from certain discrimination and retaliation statutes, compliance with employment discrimination statutes can still be a concern for religious institutions, particularly for non-ministerial positions. In addition to defending religious institutions against religious discrimination claims, we represent employers before local, state, and federal agencies and in courts across the country, including defense of claims of discrimination based on race, color, gender, national origin, age, disability, and other protected classifications. We also assist clients in responding to and investigating employee claims of discrimination, sexual or other harassment, and retaliation, including workers’ compensation retaliation.

For those religious institutions with commercial ventures, compliance with federal and state wage and hour regulations can be a challenge, particularly for employees who may have dual roles in the organization. We help to ensure compliance with regulations regarding minimum wage, overtime, working off the clock, meals and breaks, employee classifications, and exempt status issues. We also assist in advising on when appropriate to classify individuals as independent contractors (such as paid choir members) and have prepared agreements to assist with that classification.

Due to the international work of certain religious institutions, foreign workers at times comprise a portion of their available work force. Our immigration attorneys devote most of their time to assisting clients in obtaining temporary visas, permanent resident status, labor certifications and temporary work permits for foreign workers. Our immigration lawyers also have considerable experience with I-9 compliance.

Counseling and drafting appropriate policies and agreements is a sizable portion of the work of the FordHarrison attorneys who represent religious institutions. FordHarrison assists religious institutions to avoid some of the risks of liability for labor or employment claims by helping institutions develop and implement policies to direct those decisions and avoid any policy-related problems or complaints. Also, due to the unique relationship religious institutions have in the community and between religious institutions and their employees, members, and attenders and to protect both the institution and those individuals, FordHarrison attorneys in this group draft specifically tailored confidentiality agreements and when deemed appropriate restrictive covenants, including noncompete and nonsolicitation covenants for ministers and other applicable religious institution employees.

If you would like us to prepare a proposal to assist your company with your labor and employment law needs, please contact clientservice@fordharrison.com.