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Labor Law Posting requirements for non-profit Arizona

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  • Labor Law Posting requirements for non-profit Arizona

    I am looking to find out if a company that I do independent HR consulting for is in compliance with the federal and state laws with respect to the labor posters and other posting requirements. They are a for non-profit church group and they don’t pay taxes at the end of the year. (if that has any impact) Do they need to post them for their employees regardless?

    Thank you!
    "Live Well, Laugh Often, Love Much"

  • #2
    If they are a covered employer under federal labor laws, they must follow all requirements

    Enterprise Coverage
    Employees who work for certain businesses or organizations (or "enterprises") are covered by the FLSA. These enterprises, which must have at least two employees, are:
    (1) those that have an annual dollar volume of sales or business done of at least $500,000
    (2) hospitals, businesses providing medical or nursing care for residents, schools and preschools, and government agencies

    Individual Coverage
    Even when there is no enterprise coverage, employees are protected by the FLSA if their work regularly involves them in commerce between States ("interstate commerce"). The FLSA covers individual workers who are "engaged in commerce or in the production of goods for commerce."
    Examples of employees who are involved in interstate commerce include those who: produce goods (such as a worker assembling components in a factory or a secretary typing letters in an office) that will be sent out of state, regularly make telephone calls to persons located in other States, handle records of interstate transactions, travel to other States on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the State.
    ========================================

    "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

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    • #3
      The posters are free. I'd just post them and make life easy on myself.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        If I can take a contrary position, ArmyRetCW3 raises a good issue. If the employer is later going to claim that they are not subject to FLSA, then the fact that the employer put the FLSA posters out would tend to weaken that position.

        Non-profit or churches per se are not necessarily exempt from FLSA. However it is arguably easier for a small church to be exempt then a small business. It might make sense for the employer to review the "are we subject to FLSA" issue prior to putting up the "if your employer is not following the FLSA, turn them in now" posters. And this is the sort of thing the employer needs to figure out sooner rather then later. The key is not the posters per se, but exactly what set of rules the employer needs to be following.
        Last edited by DAW; 09-04-2008, 11:57 AM.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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