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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
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Experience:  Employment Law Expert
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Do NYS Labor Laws apply to employees of the Catholic Church?

Customer Question

Do NYS Labor Laws apply to employees of the Catholic Church?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

It is generally accepted that the labor laws, state and federal, do not cover religious organizations. While all of the labor laws have not been tested by court cases yet, there have been specific findings that the Americans with Disabilities Act does not apply and the department of Labor has said that the Fair Labor Standards Act does not apply (http://www.dol.gov/whd/opinion/FLSANA/2005/2005_09_23_12NA_FLSA.htm).

I have not seen a specific case challenging the NY state labor laws but since the above cases are based on the concept that the government does not have the authority to impose its laws due to the "separation of church and state" section of the US Constitution, the state law can't override a federal protection.

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