Legal

In a perfect world, we wouldn’t need to get attorneys involved in the happenings of a church. But we don’t live in a perfect world. We need legal advice—for everything from overtime pay laws to the legal use of movies in a sermon.

Preventing Sexual Abuse in Your Church

August 15th, 2019|Comments Off on Preventing Sexual Abuse in Your Church

Sex abuse claims remain the top reason churches go to court each year. Fletch interviews Matthew Branaugh, editor for Christianity Today’s ChurchLawAndTax.com, about this troubling ongoing trend in the church. What policies and protocols [...]

Mandatory Sexual Harassment Prevention Training Update

October 24th, 2018|Comments Off on Mandatory Sexual Harassment Prevention Training Update

California has recently updated the requirements for sexual harassment prevention training. Your state may have similar regulations. The bottom line---train all staff. Tiffany Henning at HR Ministry Solutions, XPastor's go-to resource for HR information, [...]

Sexual Abuse Risk and Record Retention

September 6th, 2018|Comments Off on Sexual Abuse Risk and Record Retention

Every child-serving organization is responsible for the protection of children in its care. To discharge that responsibility, the organization should take reasonable steps to create an effective safety system that prevents child sexual abuse. [...]

Electronic Waivers and Signatures

April 6th, 2018|Comments Off on Electronic Waivers and Signatures

Church events are the lifeblood of any congregation’s community. From youth camp to volunteer activities to childcare, parents love having kids enjoy the events their church hosts every week. But not a week goes [...]

MinistrySafe Institute Teaches about Sexual Abuse

May 14th, 2017|Comments Off on MinistrySafe Institute Teaches about Sexual Abuse

Receive training to help your church avoid sexual abuse. In 1997, a watershed lawsuit---the Rudy Kos Case---resulted in a $119 million verdict against the Catholic church for child sexual abuse. Twenty years later, much of Christendom has [...]

Copier Leasing and Negotiation Tips

October 3rd, 2016|Comments Off on Copier Leasing and Negotiation Tips

As an attorney, the vast majority of business and church executives I talk to dread their copier lease expiring as they must deal with leasing new ones. Recently, we helped a church with a multiple [...]

Should Your Church Consider a Cell Tower Lease?

September 13th, 2016|Comments Off on Should Your Church Consider a Cell Tower Lease?

A sales rep stops by your church office with a simple offer. Your building is ideally suited to be a cell phone tower. The equipment will be practically invisible. If you lease the space to [...]

Expanding Abuse Reporting Requirements

October 4th, 2015|Comments Off on Expanding Abuse Reporting Requirements

Am I a mandatory reporter? If an adult describes having been abused as a child, am I required to report? When? How do reporting requirements impact individuals providing spiritual guidance? Around the country, state legislatures are [...]

Model for Amending Governing Documents

November 5th, 2014|Comments Off on Model for Amending Governing Documents

Most churches amend their governing documents once every decade or so. It is a daunting task. Besides, many members of churches hate change. Most churches delay amending their governing documents until a crisis hits. During [...]

Video: Opting Out of Social Security

September 23rd, 2014|Comments Off on Video: Opting Out of Social Security

Should you opt out of Social Security? Did you know that you have to have a valid legal reason to make this choice? Are you aware of the requirements to opting out? Watch as David Middlebrook of [...]

Sexual Abuse “Fire Drill”: Put Preparation to the Test

September 8th, 2014|Comments Off on Sexual Abuse “Fire Drill”: Put Preparation to the Test

The "Fire Drill" article below has a companion piece, entitled Sexual Abuse Response Planning. After reading this article, refer to the planning form; it’s a valuable framework for discussion/planning a responsive effort to an allegation—even a [...]

Sexual Abuse Response Planning

September 8th, 2014|Comments Off on Sexual Abuse Response Planning

This planning guide has a companion piece called Sexual Abuse “Fire Drill”: Put Preparation to the Test, an article that give further explanation. The planning guide below should serve as a worksheet after reading the "Fire [...]

Video: Obamacare and Your Church

February 27th, 2014|Comments Off on Video: Obamacare and Your Church

XPastor's friend, The Church Law Group, regularly shares high quality videos. The video below is entitled, "Does the Affordable Care Act apply to your church?" Can you define what affordable and minimum essential coverage means? [...]

Copyright and the Pastor’s Sermon

February 7th, 2014|Comments Off on Copyright and the Pastor’s Sermon

Bob Smietana, in an article for Christianity Today, addresses copyright and the pastor's sermon. His article is entitled, "Who Owns the Pastor's Sermon? Church or pastor? When sermons become books that make millions in royalties, [...]

Video: Protect Your Sermons From Abuse

September 30th, 2013|Comments Off on Video: Protect Your Sermons From Abuse

Did you know that your church is in the publishing business? Are you aware of everything that makes up Intellectual Property? Have you developed a thorough plan to protect the intellectual property of your church? Watch as David Middlebrook discusses those things [...]

Video: When Insurance Doesn’t Want to Pay

July 31st, 2013|Comments Off on Video: When Insurance Doesn’t Want to Pay

What should you do with a denied insurance claim that you believe is valid? David Middlebrook of the Church Law Group outlines helpful steps to start resolving a dispute in this video. David Middlebrook, and [...]

Video: Ministerial Housing Allowance

July 17th, 2013|Comments Off on Video: Ministerial Housing Allowance

Attorney David Middlebrook, of the Church Law Group, discusses the essentials of the Ministerial Housing Allowance in this helpful video. David Middlebrook and Matt Anthony, both of the Church Law Group, are regular presenters at [...]

How to Launch a Risk Management Program

June 14th, 2013|Comments Off on How to Launch a Risk Management Program

“What event might occur that could take out our church?” Drop that question at the next staff meeting and you’ll feel the tone of the room take a nose-dive. No one likes to talk about [...]

Sexual Abuse: Denial Won’t Make It Go Away!

June 10th, 2013|Comments Off on Sexual Abuse: Denial Won’t Make It Go Away!

In 2012, five employees at Victory Christian Church in Tulsa, Oklahoma were arrested for a two-week delay in notifying authorities of sexual abuse allegations. Read with care to prevent such from happening in your church. [...]

Overtime Pay in the Smartphone Era

May 1st, 2013|Comments Off on Overtime Pay in the Smartphone Era

The Fair Labor Standards Act exempts employees employed in an executive, administrative, or professional capacity from the minimum wage and overtime pay provisions. To be covered by one of these exemptions, an employee must perform [...]

Church Mergers: Legal and Financial Matters

April 10th, 2013|Comments Off on Church Mergers: Legal and Financial Matters

Each year, thousands of U.S. churches—plus tens of thousands of others elsewhere around the globe—are sensing that they could fulfill their God-given mission better together than separately. They're exploring new ways to join forces for [...]

Intellectual Property Policy

April 4th, 2013|Comments Off on Intellectual Property Policy

XPastor tries to help churches by providing some of the essentials for running a church---items like job descriptions, employment applications, review forms and policies. Below is the Intellectual Property Policy of Christ Community Church of [...]

Video: Is Your Church Having a Super Bowl® Party?

January 12th, 2013|Comments Off on Video: Is Your Church Having a Super Bowl® Party?

XPastor and many others have benefited from the counsel of David Middlebrook and Matt Anthony at The Church Law Group. David and Matt ask: "Can you legally show the 'Big Game' each February at your church?  Can [...]

Communicable Disease Policy

December 24th, 2012|Comments Off on Communicable Disease Policy

XPastor tries to help churches by providing some of the essentials for running a church---items like job descriptions, employment applications, review forms and general policies. Below is a Communicable Disease Policy from Northwest Bible Church in [...]