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Though some people don’t think much about it, hiring and firing employees is one of the most legally dangerous tasks in which a church routinely engages. CLA has seen more lawsuits filed against churches over employment law than almost any other legal area, and it can sometimes seem that churches are between a rock and a hard place. They can be sued for not asking enough questions, and they can be sued for asking the wrong questions during an employee interview. Since our nation is built on federalism, the laws regarding the hiring process vary widely from state to state. Because of these state-to-state differences, CLA cannot offer a comprehensive written guide that applies nationwide and also covers every foreseeable issue that a church ministry might face.

To point you in the right direction, we have included below a very brief “Dos and Don’ts” list for interviewing potential employees and bringing on volunteers. This checklist should by no means be considered everything you must know before interviewing potential employees. You must be aware of the employment laws in your particular state. CLA is happy to help you navigate this complex legal field.

When you start the interview process, keep these important cautions in mind.

DO be up front about your faith. It’s obviously important to know if the person is qualified for their job—and at a ministry, faith is a key part of the job. Religious non-profit organizations have a specific exemption from discrimination in employment claims made on the basis of religion. This means you are allowed to base relevant hiring decisions on religious preference without violating the law.

DON’T forget to check references. This is a big one. We have actually seen a church lose a lawsuit over failing to check prior job references for a pastoral candidate. Ask for references, and actually follow-up with substantive questions for the people listed on those references. Obtaining personal references is not enough; you also need to request corporate references.

DO check your state laws regarding background checks. Background checks are vital for any employee or volunteer who will work with children in any capacity, and we recommend them even for volunteers that don’t work with children. That said, when it comes to employees, some states have strict “Ban the Box” laws that prohibit asking about irrelevant criminal convictions in most job interviews. Call our office before you interview a potential employee to be sure you know your state’s stance on this critical issue.

DON’T ask unnecessary personal questions. Remember, there are different laws in different states, but when you begin the interview process, you should know that certain topics are considered illegal to discuss. A good rule of thumb is to avoid asking any sort of non-job-related questions about a potential employee.

DO call the Christian Law Association first each time you are preparing to interview candidates. Laws change all the time, and we are here to help you be as prepared as possible. Call our attorneys to find out what you should ask for the particular role you are trying to fill, what you shouldn’t ask in your state, and how to make sure you are in compliance with all new employee laws if the interview goes well.

One potentially great tool for ministry employers to offer is a Flexible Spending Account (FSA). For these accounts, your employees choose to voluntarily withhold a portion of their salary and place it into an FSA. If you are careful to follow the rules of the IRS, the money placed in an FSA is not subject to income or employment taxes.

The money in the FSA can then be used to reimburse the employee for qualified medical expenses. What constitutes a qualified expense is specifically detailed by the IRS, but common expenses include co-payments, deductibles, prescription medications, dental care, vision care, and medical devices.

FSAs can be wonderful tools. But, as most things are with the IRS, the rules surrounding them can also be complex, and the plans must be administered. If you want to understand FSAs better, speak with your ministry’s health plan provider, or talk with your banker for more information that is specific to your situation. If you need additional information, contact our offices so our experienced legal team can assist you.

We live in a country that has been blessed beyond measure.  As we enter 2025, our recommendation is that your ministry prioritize the recording of accurate board meeting minutes. If it’s not something you’re already certain is happening, it’s important to do not only because such records are helpful, but also because they are legally necessary for several reasons: 

• It is immensely helpful to have accurate details regarding specific events and votes, particularly if there is ever a disagreement or conflict.

• Such records are generally court-admissible to support what actually happened at the meeting.

• Minutes assist in providing a record that the board is meeting their duties of care. 

• Meeting minutes are often required by state law. 

All of that said, it’s also important to know how to take proper minutes. Too much information can be just as bad as no information. The best minutes provide a broad but clear summary of meeting points and issues without delving into exact quotes. The minutes of every meeting should contain the following:

1. Date and time of meeting

2. Place of meeting

3. Statement that the meeting was duly called:

a. State who called the meeting.

b. State what notice of the meeting was given.

c. Attach a copy of the notice or attach a duly signed waiver of notice.

4. Name of the presiding officer of the meeting

5. Name of the meeting secretary

6. Names of those present

7. Number of people present in person and number present by proxy (if applicable)

8. Reading, correction, and adoption of minutes of the previous meeting

9. Record of what occurred at the meeting:

a. Resolutions proposed

b. Resolutions adopted (The names of proposers and seconders need not be stated, unless they request it.)

c. Record of those who voted for or against a proposal (if they wish to have this recorded)

d. Reports of officers and committees

10. Time of adjournment 

11. Signature of the secretary

12. Counter-signature of the presiding officer, which will be obtained at the next meeting when the minutes are adopted

Lastly, choose carefully the person who will record your minutes. The job is important, and the person doing it needs to understand the ministry well enough to hone in on important issues that need to be noted while understanding which conversations or exchanges are irrelevant. Having accurate board meeting minutes will go a long way toward protecting your ministry in the event that they are needed.

We live in a country that has been blessed beyond measure. As we say the Pledge of Allegiance, the fact that we can look back through American history and say that we are “one nation under God” is a miraculous feat. We can only see how God’s hand has crafted this amazing country and kept her safe through the years.

As we view this through a new lens, we can see the blessings all around us. We are fighting for religious liberty every day, and, while our battle continues, God has spared us from the immediate threat of an even stronger culture barrage. We need your prayers and support to fund this ongoing skirmish! As we consider God’s blessing on America, the following are a few items for us to consider as we journey through this next year:

1. Spend time growing closer to God every day. 

If you want God to bless our country, do what God has called you to do. “If ye love me, keep my commandments.” (John 14:15)

2. Be God’s ambassador where you are. 

Many describe this as “blooming where you are planted.” If you follow after God in your city, others will hear the Gospel. Legally, we are fighting for you to have these rights for yourself as well as for generations to follow. These rights are only one generation away from being lost. We must use these rights while we have opportunities, because America and the rest of the world need to see sincere, God-fearing men and women who take God’s command to win souls seriously. 

3. Support the mission of CLA by praying and giving. 

We are inundated with legal questions and situations each day from believers across America who simply want to follow God’s call on their lives. If these Christians are legally stopped from accomplishing God’s will, how can they witness effectively, train children in a safe and informative environment, or be the lighthouse in their workplaces and communities that they ought to be? We need Christians to be effective in their local communities to follow God’s plan for their lives, and we are here to assist them when the culture and society tries to exclude them. God desires to use us to accomplish His will on the earth. 

As you think of how God can bless America, think first how God wants to use you. If we join together to follow after God, we can do great things for God in unity. Don’t be distracted. As others tried to resist his efforts to rebuild Jerusalem’s wall, Nehemiah said, “I am doing a great work.” Things done for God will be remembered for all eternity. Do something eternal for God today, and in doing so, know that you are doing your part for God to bless America. 

It has become increasingly common for students to enroll in college classes while they are still in high school. In some cases, high school students attend local community colleges to enroll in math, English, history, and science courses for dual credit. However, this can sometimes be a double-edged sword. Parents are sometimes surprised to learn about the graphic nature of college-level courses in their own community. For example, when many parents think of an English class, they think of spelling, grammar, writing, and reading literature like Shakespeare. But in many English classes, students are assigned shockingly graphic material to read and discuss.

In dual credit situations, the students are usually still minors, but they are in courses designed for people who are legally adults. Even though Christians do not approve of inappropriate materials for people of any age, it is especially troubling to think of high school students reading such material.

If you are unclear about your legal rights in an educational environment like this, please contact our office. Our attorneys can explain the specific rights your student has in your state. 

Your right to witness in a public university or college varies depending on whether you are a student or not. If you are not a student but wish to witness on campus, it is probably legal for the school to regulate when and where you can speak, as long as this regulation is viewpoint neutral. In other words, a university cannot have one set of rules for people who want to talk about any other religion, but a different set of rules for people who want to talk about Christianity.

While the Supreme Court has noted that a college or university does not have to “make all of its facilities equally available to students and nonstudents alike,” a court would more than likely find a total ban 

on nonstudent speech to be unreasonable.

In many cases, public colleges and universities frequently designate a particular campus location as a free speech area, where students and nonstudents alike may communicate with students and other passersby.

It is definitely to your advantage to do a little research about the college or university where you want to witness. If you need clarification about your specific religious right to witness on a public college campus, contact the Christian Law Association.

Our office received an unsettling phone call from a lady who works for a very large health care provider.In that company, she had an administrative role, and her supervisors were requiring her to attend a startling ceremony.

In this ceremony, alcoholic libations were presented, and then the names of the employees’ ancestors were spoken aloud. The employees were asked to participate in chants to call the spirits of these dead ancestors into the room.

Obviously, this Christian lady felt extremely uncomfortable in this environment. She felt that her boss was requiring her to participate in the doctrine of devils, but she wasn’t sure exactly what she could and could not do in response.

In another situation, a man worked at a large business, and it was his custom to say things like, “God bless you” and “You know Jesus loves you” during the course of his daily work. Apparently, some of his co-workers found this speech to be very offensive, and they took their complaints to the human resources department.

This man was soon approached by a supervisor who told him that he needed to discontinue any kind of religious speech, or he could lose his job. Knowing everything that his co-workers talked about at his workplace, he was surprised to be singled out with such a restriction.

In the Southeast, a restaurant expanded its hours to open for Sunday brunch, and the employer told the employees that no one could attend church anymore, at least not if they wanted to keep their jobs. One of the employees had gone to church faithfully for her entire life, and it didn’t seem right to her that her boss could make this kind of a rule.

While each one of these situations is completely different, all involve the matter of religious liberty in the workplace—which is complex. It is impossible to give one answer that applies to every situation. Nonetheless, the Christian Law Association is committed to doing all we can to support God’s people in the workplace.

If you find yourself in a situation at work where you suspect your religious liberties are being violated, please contact our office. Our experienced attorneys know the details of the law, and they will be happy to advise you about how to proceed in your particular situation.

With the start of a new year, many churches need to begin the process of organizing important legal documents, while other churches need to ensure that systems they have set up in the past are still working well. Here are some practical reminders.

Obtain a heavy-duty locking file cabinet, preferably fireproof.  CLA has received many calls from ministries which have lost all their important documents to fire. Insurance policies, mortgages, tax records, tithing records, and attendance records—many of them irreplaceable—have all literally gone up in smoke. Fireproof storage, though a little more expensive, will save the time and expense of replacing records on which a ministry depends. 

It is also important that the file cabinet have a good lock. Store at least one key (or a lock combination) off-site in a secure location. Many records, such as counseling and tithing records, are private and should be protected from one who unintentionally opens the wrong file drawer in search of another document which may not be as private.

Make sure important documents are filed clearly. Ministries can have a wide array of important documents, so the list that follows is designed not to be all-encompassing but to bring to mind what your ministry might need to file in an easily accessible and safe location.

• Contracts for alarm systems

• Contracts for maintenance

• Incident reports for the church and the Christian school

• Insurance documents, including pastor’s life insurance, property insurance, and vehicle insurance

Having legally significant documents is great—but it doesn’t help you if you can’t find them! Due to staff turnover, your filing system should be written down somewhere.

January is a great time to make certain that your filing system is organized—and to be sure there is a written record explaining where things can be found. Tasks like this may seem insignificant, but if you are ever involved in a case, it is unbelievably helpful to have these seemingly small details in order.

Make sure your computer files are securely backed up. You do not want to lose countless documents due to a computer crash! It would be wise to invest in secure cloud backups as well as purchasing sufficient external hard drives to hold complete copies of all data. Be sure the cloud service is backing up regularly, and set a schedule for updating the physical hard drives. Keep one physical hard drive in a fireproof filing cabinet; store the other at a secure off-site location.

Many churches have never taken the time to organize their documents and data as described above, but it is impossible to overstate the importance of having these systems in place and also of regularly updating the information. If a staff member has been assigned this task, the beginning of a new year would be a great time to say something like, “Today, I’d like to set up a time for us to review the church document filing system.” This is an easy way for church leaders to have a current picture of where materials are stored, whether physical or digital. If a staff member becomes overwhelmed with tasks, keeping track of church documents is something that might not be appropriately prioritized.

If you have any questions about your church documents and what the legal requirements for document retention are, please contact our offices. The Christian Law Association is privileged to stand with Bible-preaching churches and Christian ministries. We are happy to do everything possible to keep your ministry legally safe.

In a way, January marks the end of a busy season. The election season is over, Thanksgiving has come and gone, and the hustle and bustle of the Christmas season has become a memory to be treasured. In January, the air is crisp, and we have high hopes for the New Year!

Here at the Christian Law Association, we are filled with energy and excitement as we face the challenges of a new year, but we are also diligently working through cases that are winding their way through the system.

When the political landscape changes in America, it can make it easier or harder to defend the religious liberty of God’s people. But regardless of what happens in the political world, there is always a large group of people who try to hinder the Gospel of our Lord Jesus Christ by filing baseless lawsuits against churches and Christian organizations, people who knowingly push for policies that are clearly illegal, just because they think they can get away with it.

We are eager and excited to continue our pursuit of religious liberty for Bible-preaching churches, religious liberty in the workplace for Christians who face discrimination based solely on their faith, and religious liberty for Christian students who do not forfeit their First Amendment rights when they enter a classroom.

Yet we know our labor is in vain without the blessing of our Lord. We ask that you keep us in your prayers. Whether the nation turns more towards the political right or towards the political left, we still battle in courtrooms in front of judges with lifetime appointments; and these judges represent a wide variety of worldviews. We are in need of constant wisdom as we defend the religious liberty of God’s people.

We wish you are very happy New Year. May 2025 be outstanding in every way for you and yours. And do remember the cases in your prayers. Many of God’s finest servants have heavy hearts as their cases drag through the legal system. It is our goal to pursue legal victory for these people—but we also want to keep them encouraged so they can faithfully serve our Lord during times of trial.

Under U. S. law, those who qualify as volunteers must be pure volunteers indeed! Suppose Jenna wants to volunteer as a teacher for the Christian school operated by her local church. Suppose she is willing to teach full-time and to receive no money whatsoever as wages. Under the law, that is allowed.

On the other hand, suppose that the Christian school principal, grateful for Jenna’s sacrificial work, offers to give her children free tuition to express gratitude for her volunteer spirit. Under the law, accepting free tuition is a form of being paid; and if Jenna does this, she is no longer a volunteer.

By accepting free tuition, Jenna’s status is changed from a volunteer to an employee. For this practice to be legal, she must be subject to all the procedures of a regular employee, including minimum wage and tax withholding requirements.

To be sure, the law is rather complicated in matters like these. If you want to keep your ministry legally protected, contact the Christian Law Association. Our attorneys are happy to walk you through all the information you need to consider to make legally sound decisions.