Author Archives: Jay Butchko
Common Pitfalls to Avoid in Hiring and Firing
In our tight economy, hearing “You got the job!” may be one of the most thrilling moments a person can have, while hearing “You’re fired!” may consequently be one of the scariest moments. As an employer, you hold in your hand the fate of your employees and the fate of dozens of well-qualified potential… Read More »
Christian Mediation and Arbitration: How to Keep Your Church or Non-profit Out of Court
Every year, thousands of lawsuits are filed in America against churches, schools, other non-profits, and related entities. These lawsuits range from injuries on church property to disagreements over employment, from accidents on youth group trips to cases of sexual abuse. Indeed, the recently publicized sexual abuse cases and multi-million dollar settlements within the Catholic… Read More »
Is My Church Being Overseen by Wise Counsel or Wise Guys?
Starting and running a church can be a more complex task than it appears at first blush. There are the usual requirements for starting a church: finding a good pastor, finding a place of worship, and building a strong member community. Even with these elements, however, a church can run aground of basic legal… Read More »
Unrelated Business Income Tax Primer for Nonprofits
What do all the following scenarios have in common? A nonprofit youth camp leases its facilities during the off season for weekend business conventions; a homeless shelter forms a joint venture with private investors to raise money for the construction of a new facility; a church sells Christmas trees at twice their cost to… Read More »
Seventh Circuit to Hear Constitutional Challenge to Ministerial Housing Allowance
Does your organization have ordained ministers? Do you give them a tax-free payment yearly to help with their housing? If so, read more about the upcoming hearing that challenges the constitutionality of this practice, as well as what it means and does not mean for your organization. Later this year, in the case… Read More »
“Today’s Sermon Is Brought to You by…” – Intellectual Property and Ownership
A church recently updated its website. The webmaster has recommended to the leadership to record and upload the weekly worship service, including the sermon, onto the website. The outstanding majority of the deacons agree with the recommendation as it would allow members who are unable to attend services to watch remotely and allow those… Read More »
Church Third Party Use Agreements: What You Don’t Know Can Hurt You!
Renting or allowing use of church and ministry facilities has many new added risks: child abuse liability, unwanted purposes (same sex marriages) or activities on premises (illegal or risky), liability that is not covered by insurance or renters’ indemnity, and getting dragged into court by renter/user for some unforeseen offense. The optimum “Church Facilities… Read More »
BREAKING LEGAL NEWS: Hobby Lobby and What It Means for Churches and Nonprofits
The Supreme Court recently delivered a decisive, though limited, victory for religious liberty in its decision in Burwell v. Hobby Lobby Stores, Inc. In a 5-4 decision, the Supreme Court held that the Department of Health and Human Services’ (HHS) contraceptive mandate violates the Religious Freedom Restoration Act (RFRA), a statute that was passed… Read More »
Granting Money from a U.S. Charity or Church to a Foreign Individual or NGO: Substantial Risks and Best Practices
Many times, conducting charitable work necessitates broadening an organization’s reach, which often in turn requires working outside of the United States. Unfortunately, while these endeavors are exciting, they are complicated and risky for the churches and nonprofit organizations who are involved. Of the many types of risks involved, one of the primary areas involves… Read More »
Six Common Defenses to DUI and DWI
Driving under the influence (DUI) and driving while intoxicated (DWI) are common charges in Virginia. Many people think that if they are charged with either of these offenses there is no point in defending the charges, but that is not true. A knowledgeable DUI and DWI lawyer can help you craft a persuasive defense… Read More »