Compensation and Time Off for Summer Trips, Camps, and Overnight Retreats

Guidance for Churches and CYF Ministry Staff

by Mark J. Jackson

Overnight trips require significant amounts of time, energy and focus for children, youth and family (CYF) ministry leaders. The days are long, the activity constant and the ministry opportunities endless! But how should staff be compensated for summer trips, a week at camp or weekend retreats? How do you count hours? What about sleeping time? Is comp time allowed? What about part-time staff?

These questions (and more) surface as CYF ministry staff and their supervisors look forward to a full summer schedule or as a new program year gets underway. Church practices vary based on historical precedent and their understanding and application of labor laws. Beyond meeting legal requirements, churches and their staff should determine what is fair, honest and reasonable when it comes to overnight obligations expected of CYF ministry positions. 

While this article provides a general overview of the topic and raises questions for further exploration, churches should obtain professional legal advice to ensure their employment practices adhere to federal, state and local laws.

First things first: exempt versus nonexempt

How a position is classified has an impact on how overnight responsibilities are treated. The federal Fair Labor Standards Act (FLSA), originally enacted in 1938, anchors federal law related to worker rights and employment practices, including establishing a minimum hourly wage and provisions for overtime pay. The FLSA requires employers to pay workers at least the federal hourly minimum wage (many states and cities have higher minimum wages), as well as overtime for all hours worked over 40 in a workweek, unless an exemption applies. 

Certain employees whose work is executive, administrative or professional in nature, and who meet specific tests regarding job duties and a salary basis requirement (see sidebar below) can be considered exempt from federal minimum wage and overtime requirements. An employer can pay such workers a level salary regardless of hours worked in a given week. (See sidebar for a further explanation of “exempt” and “nonexempt” employees.)

It is up to the church to assign a classification to each staff position. In many cases, due to the professional nature of their work, CYF ministry staff can be considered exempt employees if they meet the FLSA job duties and salary basis requirements. Even though a position might qualify as exempt, some churches pay CYF ministry staff (both part-time and full-time) by the hour and treat them as nonexempt. 

How should exempt workers be paid for overnight trips?

Technically speaking, an exempt position is based on a set of job requirements for which workers are paid a consistent wage in each pay period without the requirement of additional compensation, regardless of the number of hours worked. Exempt positions provide day-to-day, week-to-week and season-to-season flexibility as to the number of hours worked, so long as job expectations and FLSA exemption requirements are met. An exempt CYF ministry staff person’s job description should detail overnight obligations (such as for out-of-town weekends and extended summer trips, camps and retreats) that are expected as part of the overall job requirements.

In order to be considered exempt from overtime requirements, workers (both part-time and full-time) must also meet the salary basis requirement (see sidebar). If the threshold isn’t met, then employees are not exempt and must be compensated for all overtime hours. For example, if a part-time salaried staff person is paid a total of $26,000 per year, or $500 per week, the FLSA’s salary basis requirement isn’t met, thus the employee is not considered exempt and must be paid for all overtime hours. 

Another consideration to bear in mind is to ensure the exempt employee’s equivalent hourly pay does not dip below the minimum wage threshold. For example, if the same staff person above worked 40 hours, the weekly salary of $500 equates to an effective hourly wage of $12.50. While this rate satisfies the federal minimum wage rate (currently $7.25 per hour), it may not meet minimum state or local rates, in which case the hourly compensation rate may need to be adjusted higher.

How should nonexempt workers be paid for overnight trips?

When it comes to compensating nonexempt employees, the answer is simple: Nonexempt employees must be paid for all hours worked. In addition, they must be paid overtime wages (at a rate

Exempt and nonexempt: What does it mean?

The terms “exempt” and “nonexempt” refer to whether employees are covered by the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements. 

Exempt: To be considered exempt, employees must meet two requirements. First, a duties test to ensure the position is executive, administrative or professional in nature. Second, they must meet the salary basis requirement, with a paid salary of at least $684 per week or $35,568 annually. (The U.S. Department of Labor has proposed a significant increase to the salary basis requirement. Be sure to check periodically for updates.) Employees who do not meet these two requirements must be classified as nonexempt.

Nonexempt: Employees who do not meet the exemption requirements (see above), whether paid an hourly wage or salaried, must be paid at least the minimum wage and receive overtime pay for all hours worked over 40 in a workweek. Such workers are not exempt from the FLSA’s minimum wage and overtime provisions. 

While these are general classifications, federal and state labor laws are complex and contain exceptions. Consult with a qualified employment professional to ensure your church complies with all applicable laws. 

of at least 1.5 times regular pay) for all hours worked over 40 in a workweek. This is always true for all hours worked by nonexempt employees and thus includes extended overnight trips. 

Nonexempt employees must be paid for all hours worked.

Does that mean work hours (and the corresponding pay) will add up quickly? Yes, it does! Because nonexempt employees are subject to overtime pay requirements, they must be compensated for all hours worked. 

It’s important to note that the church’s regular workweek continues to apply when recording hours for nonexempt employees. For example, if a four-day retreat requires 60 hours of staff time and falls completely within a regular workweek, the staff person must be paid 40 hours at the regular rate of pay and 20 hours of overtime pay. If the same retreat occurred during parts of two workweeks, the clock resets to zero on the first day of the next workweek and thus the employee may not be paid any overtime if the hours in each workweek are 40 or fewer. Employees cannot be asked to put hours from one workweek into another to avoid overtime pay. For example, it is against the law to ask an employee to record 40 hours for two subsequent workweeks when they actually worked 50 hours in one workweek and 30 in another.

Common questions about overnight trips:

Aren’t churches exempt?

Churches and religious organizations occasionally find themselves exempt from certain federal, state and local laws. When it comes to labor laws, however, churches generally are not exempt and should implement labor practices common to other nonprofits and businesses. There are certain “ministerial exceptions” within the FLSA that apply to clergy that become a gray area when applied to CYF ministry staff. Consult a qualified professional to address these types of questions.

What about sleeping hours?

For exempt workers, overnight obligations are technically part of the overall job expectations and the number of hours worked in a given day or week isn’t a factor–it’s just part of the job. Even so, churches should acknowledge the potential around-the-clock responsibilities of their exempt staff when determining overall compensation and time off. 

For nonexempt employees, every hour “on the clock” counts as work hours and must be paid. In terms of overnight obligations, a church can designate non-working hours if no duties are expected of the staff person. For example, on an overnight retreat, the employee can have a certain number of designated hours off (such as 12 a.m. to 7 a.m.) during which other staff or designated volunteers become the responsible person. (Obviously, the staff person could be notified in the case of an emergency.)

Compensation for nonexempt employees

• Nonexempt workers can be part-time or full-time.
• Nonexempt workers must be paid for all hours worked. 
• Nonexempt workers must be paid overtime wages for all hours worked over 40 in a workweek. Federal law mandates overtime must be at least 1.5 times the regular rate of pay (commonly referred to as “time and a half”).
• There is no limit to the number of hours an employee (unless a minor) can work in a regular workweek. 
• Hours worked during one workweek cannot be allocated to a different workweek.
• Employees cannot be asked to volunteer their time. Federal law prohibits employers from requiring employees to work without pay. (Employees can volunteer where they work if it’s outside their normal job duties and they have a choice.) 

In practice, churches should avoid using “comp time” language. 

What about “comp time”?

Compensatory (or “comp”) time doesn’t pertain to church employees. FLSA provisions for compensatory time apply to government employees and select businesses (who extend comp time in lieu of paying overtime wages) but do not apply to most businesses or nonprofits, including churches. In fact, in practice, churches should avoid using “comp time” language. 

For exempt employees, there might be a flex-time arrangement whereby the supervisor agrees that in the days preceding or following an overnight trip the staff person can be flexible in their work hours. Such flexibility is the nature of an exempt position to begin with. Any changes to a typical schedule or reduction in normal work responsibilities is up for discussion and does not affect the employee’s pay. 

Another consideration to recognize the requirements of overnight trips is to provide CYF ministry staff with additional paid vacation leave. For example, where I serve at St. Andrew’s, full-time youth ministry staff start with 20 days of vacation per year. After an extended trip, any time taken off is at the employee’s discretion and considered vacation subtracted from their annual vacation accrual. The result has been less confusion on how to calculate flex time and to truly honor a staff person’s time away when they have chosen to take it. 

Guidelines for practice

Provide clear expectations

First and foremost, overnight expectations should be clear and described in the job description. For exempt staff, even a general guideline (such as “we anticipate a total of 15-20 overnights each year”) provides a basis for expectations. For nonexempt staff, churches might include a provision such as, “Work hours increase during summer months to account for a mission trip and summer camp” (with those additional hours being paid, as noted above). 

Follow the law

It’s important for churches to assign an employee classification (exempt or nonexempt) to each position and understand the legal implications of each. Labor laws are complex and constantly changing. Ensure your church follows current federal, state, and local labor laws and statutes by working with a human resource professional or employment attorney. State labor agencies and the U.S. Department of Labor’s website are other helpful resources to get started.  

Establish fair compensation

For exempt CYF ministry staff, annual compensation should take into consideration the overnight obligations required of the position. Paid vacation, flex-time arrangements and other benefits may also be considered. 

For nonexempt workers, the church is obligated to pay for all hours worked. It’s fair–and it’s the law. For overnight responsibilities, hours can quickly add up and churches must plan for it. 

In all cases, compensation for CYF ministry staff should reflect job expectations (including out-of-town and overnight obligations), the staff person’s education and experience, and the value the church places on the position. Consult the ELCA Youth Ministry Network’s annual salary survey or your synod’s compensation guidelines for program staff (if available) as helpful resources. 

Fair, honest, reasonable

Overall, a CYF ministry staff person’s workload and compensation should be fair, honest, and reasonable. Questions and concerns should be addressed as they arise, understanding that each church and staff position may have a unique situation. Updating policies to reflect current laws, addressing staff concerns and revising job descriptions to clarify work responsibilities are all part of continuous improvement to ensure that churches work toward what is right.

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Mark Jackson is director of community engagement at St. Andrew’s Lutheran Church in Mahtomedi, Minnesota, after leading the children, youth and family ministry team for several years. He previously taught youth and family ministry, program planning, and organization administration at Trinity Lutheran College near Seattle. 

Special thanks to Adam Huntley, human resources director at St. Andrew’s, and Jewelie Grape, an employment attorney and member of St. Andrew’s, for providing helpful insight regarding current labor laws and their application to churches.

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