Category Archives: Church Law
The FTC Slams the Brakes on Non-Compete Agreements: What Employers Need to Know
By Kyle Winey, Esq and Robert Showers, Esq In a landmark regulatory decision, the Federal Trade Commission (FTC) took a decisive step toward protecting worker mobility by banning most non-compete agreements. This ruling, effective 120 days after its publication in the Federal Register (likely around late summer 2024), significantly impacts employers’ ability to restrict… Read More »
Salary Threshold for Exempt Employees to Increase
By Robert Showers Esq. and Justin R. Coleman, Esq. On April 23, 2024, the Biden Administration, through the US Dept of Labor (DOL), announced its final rules regarding overtime pay for all United States employees. These rules will significantly impact which employees qualify for exemption from overtime pay as “white collar” and “highly compensated”… Read More »
Safeguarding Your Sanctuary – Asset Protection for Churches and Nonprofits
By H. Robert Showers, Esq. Introduction A church or nonprofit’s corporate structure is vital for both its long-term maintenance and day-to-day operations—but a single corporate structure no longer suffices to protect and provide all available advantages. The 21st century has seen an uptick in secular lawsuits that purposefully target churches and religious nonprofits. This,… Read More »
The Power of Well-Drafted Church Bylaws
By H. Robert Showers, Esq. I. Introduction Fifty years ago, few people—especially churchgoers—would have dreamed of suing the church. However, the legal climate today has changed dramatically, and lawsuits against churches are increasingly common. Fortunately, every state except West Virginia now permits churches to incorporate.1 Incorporation is a powerful tool for churches and member… Read More »
3 Legal Strategies to Decrease Your Liability
By Kyle Winey, Esq. I. The Need for Liability Limitation We live in a highly litigious culture. Businesses, nonprofits, and other organizations are increasingly exposed to legal liability. For example, businesses increasingly fear the vitriol of litigious patrons—and for good reason. That’s why all businesses, nonprofits, and churches should take significant measures to protect… Read More »
West Virginia’s Complicated Relationship with Church Incorporation
By H. Robert Showers, Esq. and Justin R. Coleman, Esq. West Virginia’s current Constitution prohibits the State from allowing any church under its authority to incorporate, making it the last state not to allow church incorporation. Article VI, Section 47 of the West Virginia Constitution explicitly states: “No charter of incorporation shall be granted… Read More »
Church Third Party Uses: 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 use purposes (same sex marriages) or activities on premises (illegal or risky), liability that is not covered by insurance or renters’ indemnity, jeopardizing tax exempt status of property, entity or UBIT and getting dragged into court… Read More »
Virtual Currency Gifts: Should Churches and Nonprofits Accept Bitcoin?
Virtual Currency Gifts: Should Churches and Nonprofits Accept Bitcoin? By William R. Thetford, Esq. and H. Robert Showers, Esq. Updated July 14, 2021 Preface Excitement rides high on the cryptocurrency wave these days. Even on the wave, though, one must be wary of the height. For churches and nonprofits, that height might be too… Read More »
Amidst Anticipated Relief, Big Questions Remain for COVID Vaccines, Masking Requirements, and Risk Management
Amidst Anticipated Relief, Big Questions Remain for COVID Vaccines, Masking Requirements, and Risk Management By William R. Thetford, Esq. and H. Robert Showers, Esq. May 28, 2021 The day many Americans began dreaming of in March 2020 is arriving as states end executive orders limiting gatherings, masks (at least for those who are vaccinated),… Read More »
What You Need to Know About H.R. 5 (“The Equality Act”)
What You Need to Know About H.R. 5 (“The Equality Act”) By H. Robert Showers, Esq. and William R. Thetford, Esq. April 27, 2021 In the wake of the new administration, Congress has taken up H.R. 5, entitled the Equality Act by its supporters. Evangelical Protestant, Catholic, and Orthodox Jewish groups, as well as… Read More »
