Here's a very-rushed draft! The indentation does not translate, so it is a bit daunting. Roman Numeral II is where I start gathering information regarding various workers in the Sea Org.
I've been on a big case, so I may not get another big chunk of time to work on this until next weekend, but you never know.
Please make insertions, corrections, deletions, etc. in your replies. If anyone wants to add a big section, no worries. I'll revise the outline on my end and post the next draft. It would be very helpful if people could insert URLs for evidence online. Getting everything in one place would be very valuable.
Class Action Project Outline
I. Legal Argument
A. Are Scientology workers exempt from the Minimum Wage Act?
B. Federal Minimum Wage Act
1. The federal Minimum Wage Act exempts "any employee employed by an establishment which is an … organized camp, or religious or nonprofit educational conference center, if (A) it does not operate for more than seven months in any calendar year, or (B) during the preceding calendar year, its average receipts for any six months of such year were not more than [one-third] of its average receipts for the other six months of such year.
a. Duration of Operations - Sea Org operates year-round operates year-round.
b. Annual Receipts -
2. The Act exempts "any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools)." The definitions of employees "employed in a bona fide executive, administrative, or professional capacity" are complex, and they are contained in regulations issued by the Department of Labor. They involve a consideration of both job functions and compensation.
Basically, this is a restatement of what is true for all employees. If you are truly and executive, administrator, or professional, you are a different class of employee than an hourly employee. You can be paid an annual salary and be expected to work as many hours as it takes to get the job done. It is not as easy to satisfy the requirements of this type of employment as one might think.
3. In evaluating the potential application of the Fair Labor Standards Act to religious organizations, the following must also be considered:
a. The Act's minimum wage and overtime pay requirements only apply to employees who are either (a) engaged directly in commerce or in the production of goods for commerce, or (b) employed by an enterprise engaged in commerce or in the production of goods for commerce.
This might mean selling books, providing counseling for a fee (auditing), perhaps even some of the MEST work would qualify (working at a center that also functions as a hotel for guests). I would argue that any services provided to the public for a fee are acts of commerce.
(1)
(2)
(3)
b. Churches and religious organizations that satisfy the definition of an enterprise engaged in commerce or in the production of goods for commerce will be subject to the minimum wage and overtime pay requirements of the Act.
c. Church employees may be covered by the Act's minimum wage and overtime provisions, even if their employing church is not an enterprise, if they personally are engaged in commerce or in the production of goods for commerce. This is known as individual coverage. Individual coverage is triggered if an employee is engaged in any of the following activities on more than "insubstantial" or infrequent basis:
(1) receiving or making interstate phone calls;
(a)
(2) receiving or sending interstate mail or electronic communications (such as email);
(a)
(3) traveling across state lines in the course of employment;
(a)
(4) use of the Internet.
(a)
4. The provisions of the Fair Labor Standards Act are interpreted liberally in favor employees. As a result, church leaders should not take the position that a particular worker is not covered by the Act's protections without first consulting legal counsel.
5. Religious organizations that are covered by the Act's requirements can adjust their liability for overtime compensation and minimum wage payments in a variety of ways. For example, they can reduce the number of hours worked each week; prohibit all unauthorized overtime work (however, they must also ensure that workers in fact do not work overtime, since an employer who "prohibits" overtime is still required to pay overtime compensation to employees that it "allows" to work more than 40 hours each week); reduce hourly compensation (but not below the minimum wage); reduce fringe benefits; or take credit for all indirect and noncash payments made on behalf of employees, to the extent allowable (depending on the state, there are limits).
6. All employers having employees covered by the Act must maintain records documenting covered employees' wages, hours, and the other conditions and practices of employment. Included are payroll records, employment contracts, pension plans and other employee benefits, and worktime schedules. If an employer intends to claim credit for noncash payments, it must maintain records documenting the value of such payments.
7. Penalties for violations of the Act. Employers who violate the minimum wage or overtime pay requirements are liable to their employees for the amount of the unpaid minimum wage or the unpaid overtime pay, and "an additional equal amount as liquidated damages." In addition, employees who are not paid minimum wage or overtime compensation can collect the reasonable cost of their attorney's fees in suing the employer. Employers who "willfully" violate the minimum wage or overtime pay requirements of the Act are subject to a fine of up to $10,000 for each violation. A 2-year statute of limitations applies to the recovery of back wages except in the case of willful violations, in which case a 3-year statute of limitations applies.
II. Sea Org Members Employees
A. Sea Org Contract for Employment -
http://everything2.com/index.pl?node_id ... tnode_id=0
B. Classification of Employees
1.
Regular Sea Org
a. Description:
b. Type of Work:
c. Average Schedule:
d. Regular Wages:
(1) Room and Board
(2) Minimum Wage
(a) Federal Minimum Wage ($6.55/hour) - yes or no?
i. No. $0 - $50 per week.
http://www.exscientologykids.com/eskfor ... 27&start=0 (See comment by Astra)
(b) California Minimum wage ($8.00/hour) - yes or no?
(c) Florida Minimum Wage ($6.79/hour) - yes or no?
e. Overtime / Double-time Wages
f. Meal/Rest Breaks - yes or no?
g. Underage Workers - yes or no?
(1) Yes -
http://www.exscientologykids.com/eskfor ... 27&start=0 (See Comment by Astra)
h. Had to buy own work materials - yes or no?
2.
Bridge Publications
a. Description:
b. Type of Work:
c. Average Schedule:
d. Regular Wages:
(1) Room and Board
(2) Minimum Wage
(a) Federal Minimum Wage ($6.55/hour) - yes or no?
i. Yes - but had to pay CoS for room, board.
http://www.exscientologykids.com/eskfor ... 27&start=0 (See comment by Astra)
(b) California Minimum wage ($8.00/hour) - yes or no?
(c) Florida Minimum Wage ($6.79/hour) - yes or no?
e. Overtime / Double-time Wages
f. Meal/Rest Breaks - yes or no?
g. Underage Workers - yes or no?
h. Had to buy own work materials - yes or no?
3.
WISE
a. Description:
b. Type of Work:
c. Average Schedule:
d. Regular Wages:
(1) Room and Board
(2) Minimum Wage
(a) Federal Minimum Wage ($6.55/hour) - yes or no?
i. Yes - but had to pay CoS for room, board.
http://www.exscientologykids.com/eskfor ... 27&start=0 (See comment by Astra)
(b) California Minimum wage ($8.00/hour) - yes or no?
(c) Florida Minimum Wage ($6.79/hour) - yes or no?
e. Overtime / Double-time Wages
f. Meal/Rest Breaks - yes or no?
g. Underage Workers - yes or no?
h. Had to buy own work materials - yes or no?
4.
ABLE
a. Description:
b. Type of Work:
c. Average Schedule:
d. Regular Wages:
(1) Room and Board
(2) Minimum Wage
(a) Federal Minimum Wage ($6.55/hour) - yes or no?
i. Yes - but had to pay CoS for room, board.
http://www.exscientologykids.com/eskfor ... 27&start=0 (See comment by Astra)
(b) California Minimum wage ($8.00/hour) - yes or no?
(c) Florida Minimum Wage ($6.79/hour) - yes or no?
e. Overtime / Double-time Wages
f. Meal/Rest Breaks - yes or no?
g. Underage Workers - yes or no?
h. Had to buy own work materials - yes or no?
5.
EPF
a Description:
b. Type of Work:
c: Average Schedule:
d: Regular Wages:
(1) Room and Board
(2) Minimum Wage
(a) Federal Minimum Wage ($6.55/hour) - yes or no?
(b) California Minimum wage ($8.00/hour) - yes or no?
(c) Florida Minimum Wage ($6.79/hour) - yes or no?
e. Overtime / Double-time Wages
f. Meal/Rest Breaks - yes or no?
g. Underage Workers - yes or no?
h. Had to buy own work materials - yes or no?
6.
RPF
a. Description:
b. Type of Work:
c. Average Schedule:
d: Regular Wages:
(1) Room and Board
(2) Minimum Wage
(a) Federal Minimum Wage ($6.55/hour) - yes or no?
(b) California Minimum wage ($8.00/hour) - yes or no?
(c) Florida Minimum Wage ($6.79/hour) - yes or no?
e. Overtime / Double-time Wages
f. Meal/Rest Breaks - yes or no?
g. Underage Workers - yes or no?
h. Had to buy own work materials - yes or no?
III. Other Violations
A. Freeloader Debt
B. False Imprisonment
C. Human Trafficking
I object.
Sat Jul 26, 2008 3:36 pm 
