Ministerial Exception Leads To Dismissal Of FLSA Claims

In Schleicher v. The Salvation Army, 2007 U.S. Dist. LEXIS 2836 (SD IN, Jan. 12, 2007), an Indiana federal district court dismissed a claim under the Fair Labor Standards Act brought by two former ministers of the Salvation Army for unpaid wages and overtime pay. The court held that the "ministerial exception" developed under Title VII of the Civil Rights Act also applies to suits under the FLSA. The exception prevents courts from intruding on matters of church administration. The court also held that the exception applies even though plaintiffs' duties were primarily to operate Salvation Army Thrift Stores. It said that those stores not only provide funds to support The Salvation Army's Adult Rehabilitation Centers, but also provide work therapy for the beneficiaries who reside there.