LEGAL Archives - Page 27 of 28 - Church Executive


How the new healthcare reform act may affect congregations

President Obama signed into law the Patient Protection and Affordable Care Act On March 23, 2010, with a follow-up signing of the Health Care and Education Affordability Act of 2010 a week later.

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New privacy law aims to prevent misuse of genetic information

The federal Genetic Information Nondiscrimination Act (GINA) which took effect on March 21, 2009, is intended to protect the privacy of Americans.

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Pastors and free speech

An amended “Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act” was enacted (section 249 of the Federal Code) in October 2009. The act expanded the scope of what crimes are punishable as “hate crimes.” Included as a punishable offense in the new law is the willful causing or attempting “to cause bodily injury to any person, because of the actual or perceived — sexual orientation [or] gender identity … of any person.”

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Does the church bake sale threaten your tax-exempt status?

In this modern era, many churches are offering more and more services to its congregants to attract new members, retain established members and create revenue to operate the church or fund its programs. Common examples may include a bookstore or coffee bar. As a general rule, a church is not taxed on its income or revenues from an activity that is substantially related to the religious or charitable purposes of the organization.

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Save expenses with Accountable Reimbursement Plans

How important to a church is having an Accountable Reimbursement Plan (ARP)? With an ARP, expense reimbursements and advances are not reported as wages and are exempt from withholding and employment taxes. Without an ARP, reimbursed expenses, even when legitimate, must be reported as wages and are subject to withholding and employment taxes.

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Churches share nation’s concern for needed immigration reform

Churches are as engaged in the issue of immigration in this country as are other groups, many doing quiet, steady work and providing dialog and attempting resolution that goes well beyond the public clamor that adds little to a real solution.

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Are churches responsible for worship-related injuries?

Churches tend to recognize different expressions of faith in their religious worship services. Some traditions call for quiet reflection and meditative prayer, while others encourage demonstrative shouting, dancing, singing and other physical forms of worship.

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Covenants not to compete: Spread the Gospel, just do it somewhere else

Under what circumstances should you attempt to stop a pastor, who is a former employee of your church, from preaching or operating his own church? Should you even try to stop another pastor from spreading the Gospel? That question is a growing concern that many church leaders are wrestling with these days.

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A written policy for benevolence 
maintains records, protects the church

Churches often maintain benevolence funds to assist needy individuals in times of financial crisis. However, these churches may not have enough structure in place to provide essential direction and documentation.

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Church legal challenge: Civil disobedience or violation of law?

The Alliance Defense Fund (ADF), an advocacy and action alliance group in Scottsdale, AZ, which has the stated purpose of defending religious freedom, sponsored a project to challenge the 54-year-old ban on churches being allowed to participate in political activities.

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