Those were the words opined today by Judge Richard Posner of the 7th Circuit Court of Appeals in this ruling concerning exemptions for religious employers. Posner distinguished the plaintiff’s ecclesiastical administration of a church from the ordinary commercial activities of a religious organization. Under Posner’s view, employees working in the latter arena are entitled to Fair Labor Standards Act (FLSA) protections whereas the former are not. I don’t see the rationale for a religious exception here; this is not analogous to a religious employer discriminating against non-believers in hiring/firing. Shouldn’t clerical personnel be entitled to the same wage benefits as all other commercial employees?
“Clerical Personnel Are Not Covered by the Fair Labor Standards Act”