Captive insurance companies can be a win-win for organizations with excellent claim records that would rather accrue their insurance premiums than pay them to a third-party insurer. Put simply, captive insurers are insurance...more
Labor and Employment -
Plaintiff Wage and Hour Lawsuits Continue to Climb -
Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more
10/29/2015
/ Alcohol Beverage Control ,
All Natural ,
Americans with Disabilities Act (ADA) ,
Antitrust Litigation ,
Arbitration ,
Beer ,
Breweries ,
Browning-Ferris Industries of California Inc. ,
Child Labor ,
Class Action ,
Commercial Loans ,
Compliance ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Equal Employment Opportunity Commission (EEOC) ,
False Advertising ,
Fast-Food Industry ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Forced Labor ,
Franchisee ,
Franchises ,
Franchisors ,
General Mills ,
GMO ,
Hersheys ,
Joint Employers ,
Minimum Wage ,
NERA ,
New Guidance ,
NLRB ,
Plastic Bag Bans ,
Point of Sale Terminals ,
Posting Requirements ,
Price-Fixing ,
Red Bull ,
Restaurant Industry ,
SBA ,
Seafood ,
Slavery ,
Small Business ,
Staffing Agencies ,
Temporary Employees ,
Tipped Employees ,
Tips ,
Title III ,
Title VII ,
Transparency Directive ,
Unfair or Deceptive Trade Practices ,
Wage and Hour
Timely Topics -
A non-compete clause, covenant not to compete or restrictive covenant is a contract provision under which one party agrees not to enter into or start a similar profession, trade or business in competition...more
10/16/2015
/ American Civil Liberties Union (ACLU) ,
Consent Decrees ,
Department of Health and Human Services (HHS) ,
Educational Institutions ,
Establishment Clause ,
Fairness Standard ,
Foster Children ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Gay Conversion Therapy ,
Hostile Environment ,
LGBTQ ,
Mental Health ,
Non-Compete Agreements ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
Restrictive Covenants ,
RLUIPA ,
Sexual Harassment ,
Sexual Orientation ,
Tenth Amendment
Respondeat superior (literally, "let the master answer" in Latin) is a doctrine that applies when an employer or principal has the ability and authority to direct and control the pertinent acts of the employee. Put otherwise,...more
9/16/2015
/ Abortion ,
Affordable Care Act ,
Churches ,
Contraceptive Coverage Mandate ,
Establishment Clause ,
FBI ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Freedom of Religion ,
Gross Misconduct ,
Health Insurance ,
Healthcare ,
Kim Davis ,
LGBTQ ,
Marriage Licenses ,
Obergefell v. Hodges ,
Public Accommodation ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Same-Sex Marriage ,
SCOTUS ,
Sexual Orientation Discrimination
The decision by the United States Supreme Court on same-sex marriage has been greeted with praise and disdain by different corners of the country. The faith-based community has been especially outspoken. This is not...more
8/7/2015
/ Abortion ,
Adoption ,
Affordable Care Act ,
Anti-Discrimination Policies ,
Clergy Members ,
Contraceptive Coverage Mandate ,
Contraceptives ,
DOMA ,
Domestic Partner Benefits ,
Domestic Partnership ,
Educational Institutions ,
Employee Retirement Income Security Act (ERISA) ,
Equal Protection ,
First Amendment ,
Food and Drug Administration (FDA) ,
Fourteenth Amendment ,
Marriage ,
Marriage Equality ,
Negligent Supervision ,
Obergefell v. Hodges ,
Pharmacies ,
Private Schools ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Same-Sex Marriage ,
Scholarships ,
SCOTUS ,
Sexual Assault ,
Spouses ,
Tax Exemptions ,
U.S. Navy
Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more
6/18/2015
/ Abercrombie & Fitch ,
Affordable Care Act ,
Catholic Diocese ,
Contraceptive Coverage Mandate ,
Contraceptives ,
Disparate Impact ,
Disparate Treatment ,
EBSA ,
Educational Institutions ,
EEOC v Abercrombie ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
False Claims Act (FCA) ,
Grants ,
Healthcare ,
Hiring & Firing ,
Housing Discrimination ,
Medicaid ,
Medicare ,
Qui Tam ,
Reasonable Accommodation ,
Religion ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
SCOTUS ,
Sexual Abuse ,
Sexual Assault ,
Title VII
Religious institutions commonly keep ministry supporters and members abreast of developments through newsletters, correspondence and other communications. Sometimes, the developments reported are embarrassing to those...more
5/21/2015
/ Affordable Care Act ,
Appeals ,
CFOs ,
Contraceptive Coverage Mandate ,
Defamation ,
Establishment Clause ,
False Statements ,
First Amendment ,
Gender Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Scholarships ,
Sex Discrimination ,
Sexual Harassment ,
Tax Credits ,
Title VII
Several interrelated legal developments make it more important than ever for religious institutions intending to qualify for exemptions to generally applicable laws to do the hard work before litigation or administrative...more
Every year, religious institutions spend millions purchasing insurance of various types from insurance companies. Many will never make claims on the policies remotely equal to their annual investment in premiums. In these...more
Timely Topics -
Church splits and property disputes are not new, but they have certainly grown in number in recent years. In the seminal case on church property disputes, Watson v. Jones, 80 U.S. (13 Wall.) 679, 20 L....more
Florida hotels and restaurants are facing license tax audits, assessments and penalties in increasing numbers. A "license" is statutorily defined as the granting of a privilege to use or occupy a building or real property....more
If the Internal Revenue Service (IRS) had a moratorium on enforcing ยง501(c)(3) electioneering restrictions against churches and religious organizations, the IRS states that it has been lifted incident to the settlement and...more
8/7/2014
/ 501(c)(3) ,
Audits ,
Charitable Donations ,
Churches ,
Electioneering ,
Employee Retirement Income Security Act (ERISA) ,
Health Care Providers ,
IRS ,
Religious Institutions ,
Retirement Plan ,
Settlement ,
Tax Exempt Entities
The U.S. Supreme Court ruled in Burwell v. Hobby Lobby Stores, Inc. that an existing contraceptive coverage mandate violates the Religious Freedom Restoration Act statute that applies to for-profit closely held corporations...more
"Church plans" are pension plans (including defined benefit or defined contribution plans) exempt (without an irrevocable election) from many of the legal requirements of the Employee Retirement Income Security Act (ERISA)...more
6/3/2014
/ Affordable Care Act ,
Breach of Contract ,
Churches ,
Defined Benefit Plans ,
Defined Contribution Plans ,
Employee Retirement Income Security Act (ERISA) ,
Equal Protection ,
Exemptions ,
FICA Taxes ,
Form 5500 ,
IRS ,
Nonprofits ,
Pensions ,
Prayer ,
Public Meetings ,
Religious Institutions ,
RLUIPA ,
Title VII ,
Unemployment Benefits
Does a closely held for-profit corporation have a constitutionally or statutorily protected right to exercise religion under the Free Exercise Clause or the Religious Freedom Restoration Act of 1993 (RFRA)? The U.S. Supreme...more
Under state and federal law, "whistleblowers" are a protected class and a broader category of persons than intuitively you might guess. When we imagine the quintessential whistleblower, the individual is usually someone who...more
Who owns the "church?" For most, this is an odd question. As children, many of us folded our hands and repeated a rhyme: "Here is the church. Here is the steeple. Open the doors and see the people." Nevertheless, for well...more
On the heels of controversy surrounding the Internal Revenue Service's treatment of conservative groups applying for tax-exempt status, the Treasury Department is accepting comments on proposed regulations that will...more
Diminished donations have led many faith-based organizations to become more creative about increasing revenue. Sometimes these organizations look beyond ordinary ministry functions to supplement income with unrelated...more
The legitimacy of political speech from the pulpit is much debated. Some contend that religious institutions should be silent, because of separation of church and state or the inaccessibility of divine inspiration to...more
10/3/2013
/ Affordable Care Act ,
Articles of Incorporation ,
Catholic Church ,
Contraceptive Coverage Mandate ,
Defamation ,
Healthcare ,
Jurisdiction ,
Political Expression ,
Property Tax ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Sexual Abuse
On August 2, 2013, the White House's Office of Management and Budget issued a memorandum instructing federal agencies to take steps to carry out President Obama's executive order (E.O. 13559 (Nov. 17, 2010)) adopting several...more
9/4/2013
/ Affordable Care Act ,
Contraceptive Coverage Mandate ,
Electioneering ,
Employer Mandates ,
Executive Orders ,
Federal Funding ,
Free Exercise Clause ,
Freedom of Religion ,
IRS ,
Non-Enforcement ,
Religious Discrimination ,
Religious Institutions ,
Retaliation
Have you ever wondered how the United States Constitution came to incorporate "free exercise of religion" in the First Amendment? James Madison wrote the initial draft of the Bill of Rights. He and other Federalists initially...more
7/10/2013
/ Contraceptive Coverage Mandate ,
Equal Protection ,
First Amendment ,
Free Exercise Clause ,
Freedom of Religion ,
Hobby Lobby ,
Indemnification ,
Legal History ,
Religion ,
Religious Discrimination ,
Religious Institutions
In a 7-1 opinion, the United States Supreme Court concluded in Fisher v. Univ. of Texas, No. 11-345 (June 24, 2013) that lower courts had failed to apply a rigorous enough scrutiny to the University of Texas' use of racial...more
Do you know a "place of public accommodation" when you see it? Federal, state and sometimes local laws entitle persons to the full and equal employment of the goods, services, facilities, privileges, advantages and...more
6/6/2013
/ Affordable Care Act ,
Clergy Members ,
Contraceptive Coverage Mandate ,
Discrimination ,
Due Process ,
Establishment Clause ,
Public Accommodation ,
Public Schools ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Settlement ,
Subject Matter Jurisdiction ,
Vaccinations
Intellectual property is a legal construct referring to creations of the mind for which exclusive rights are recognized. Common types include copyrights, trademarks, patents, industrial design rights, trade dress and,...more