Does the Federal employment law requiring notice of 60 days of mass layoffs apply to Watchtower Corporation?

by truthseeker 9 Replies latest jw friends

• 

  truthseeker

  Yes, Bethelites are unpaid volunteers/employees.

  This mass firing of Bethelites in the US will prove to be a drain on state and local government finances as many of these Bethelites will seek government assistance.

  Can it be said that the Federal employment law applies to Bethel?
  

  A federal law called Consolidated Omnibus Budget Reconciliation Act ... Act (WARN) requires larger employers to give employees notice 60 days before an ... layoffs, which are defined the same as above but occur in stages over a period of 90 days.

  http://www.nolo.com/legal-encyclopedia/layoffs-plant-closings-know-rights-33596.html

  Notice Requirements

  The federal Worker Adjustment and Retraining Notification Act (WARN) requires larger employers to give employees notice 60 days before an impending plant closing or mass layoff that will result in job losses for a specified number or percentage of employees. Employers who don't comply with this notice requirement may have to pay workers for every day of notice they didn't receive. Under similar state laws, laid-off workers may be entitled to some severance or benefits continuation, as well.

  WARN applies only to employees with 100 or more employees, and only if there is a plant closing or mass layoff. The law defines these terms as follows:

  • A plant closing is the permanent or temporary shutdown of a single employment site or one or more facilities or operating units with a single site, which results in job loss for 50 or more employees (not including those who work fewer than 20 hours per week) during a 30-day period.
  • A mass layoff is a reduction in force that results in job loss at a single employment site, during a 30-day period, for (1) 500 or more employees (not including those who work fewer than 20 hours per week), or (2) 50 to 499 employees (not including those who work fewer than 20 hours per week), if the laid-off employees make up at least one-third of the employer's active workforce.

  The law also covers staged plant closings or layoffs, which are defined the same as above but occur in stages over a period of 90 days. This rule is intended to prevent employers from getting around the law's requirements by conducting a series of smaller layoffs.
• 

  Ich3b

  Except they don't work for WTBS they belong to "THE WORLDWIDE ORDER OF SPECIAL FULL-TIME SERVANTS OF JEHOVAH’S WITNESSES"

  And the following is on their application:

  READ THE FOLLOWING CAREFULLY This application is an expression of my personal desire to be a member of the Bethel family in the Worldwide Order of Special Full-Time Servants of Jehovah’s Witnesses. If accepted, I will give that assignment of service priority over all other activities. I will be diligent in taking full advantage of the provisions for study and discussion of God’s Word that are made for the Bethel family, including attending morning worship and the Monday evening Watchtower Study. I will also share regularly in the field service and in the meetings of the congregation that I attend. I will at all times conduct myself in full harmony with all the regulations that apply to the Bethel family—such as matters having to do with secular work and the high standards of dress and grooming—as well as the counsel of God’s Word that applies to all Christians. I will be content and satisfied with the modest support that I receive from the Order as long as I am privileged to serve at Bethel. Should I choose to leave the Order or should Bethel determine that I no longer qualify to serve in the Order, I will not expect any remuneration. (Matt. 6:30-33; 1 Tim. 6:6-8; Heb. 13:5) I recognize that Bethel has the right to determine if and when my membership should be terminated. I hereby consent to the collection and processing of my personal data necessary for the evaluation of my application to serve as a member of the Worldwide Order of Special Full-Time Servants of Jehovah’s Witnesses (the “Worldwide Order”). I further consent to the branch office of Jehovah’s Witnesses that administers the activities of Jehovah’s Witnesses in my geographic area processing and retaining for its use the information found on this application and any additional information that may be submitted in connection with my application by individuals serving as elders of Jehovah’s Witnesses or by me. I understand that the transfer of my personal data to the branch office of Jehovah’s Witnesses and to the ecclesiastical Governing Body of Jehovah’s Witnesses (the “Governing Body”) in the state of New York, United States of America, may be necessary for the evaluation of my application to serve as a member of the Worldwide Order. I authorize the transfer to the Governing Body of the information found on this application and any additional personal information that the Governing Body deems necessary regarding my capacity to serve as a member of the Worldwide Order
  
• 

  ZAPPA-ESQUE

  I went into the similar act in the labour laws of my own country and received this advice:

  My Question to the lawyer:

  A friend of mine is a member of a religious organisation [Jehovah’s Witnesses] and was until last month working at that organisations Branch Office in Krugersdorp. The Branch facility functions as a factory producing and printing literature for the central organisation known as the Watchtower Society [NYC] –

  As the members who work there are all volunteers they are required to sign a Vow Of Poverty – they live on-site and they receive free board and lodging and other services eg laundry is done on site- they received a small stipend to assist with certain necessary costs – very minimal.

  All the work is done by the volunteers themselves – so in the case of this young person – he worked in the Laundry of the facility and was involved the all aspects associated with that/

  However a decision was taken by the HQ in New York to cut-back on all their operations world-wide and this led to him being asked to leave the Branch.

  My question is: All the people involved there are “working” in various functions and depts. and work a 8 – 5h30 day in a wide variety of functions – some very highly skilled and complex.

  Does the fact that they signed a Vow of Poverty at the beginning of their tenure there Negate the Employer / Employee relationship as detailed in RSA Labour Law ?? They received no severance of any kind and did not contribute to Pension and Medical Insurances. They appear to have been left high and dry !

  Are you able to answer me via e-mail?

  I believe there was a ruling in a case between the Jehovah’s Witnesses and the Dept of Labour in about 1995 and the Court upheld their vow of poverty status ? ! I have not means to access the case docs -

  ------------------------------------------------------

  His reply:

  You pose an interesting question..

  In terms of our Constitution everyone is entitled to fair labour practices. To give content to this, employment is further governed by several acts of parliament. The Basic Conditions of Employment Act specifically excludes "unpaid volunteers working for an organisation serving a charitable purpose". People doing 'volunteer' work for a religious organisations may or may not fall under this exclusion. The Labour Relations Act (which, amongst other things, protects employees against unfair dismissal and unfair labour practices) does not contain a similar exclusion. However, even if one disregards the exclusion, the two essential components of the employment relationship are the provision for work or assistance in exchange for remuneration. "Remuneration" can be in money "... or in kind".

  The more specific question in the case that you mention is whether the stipend, board and lodging and other services could be regarded as "remuneration". This is a factual question which may differ from case to case. A small stipend - intended to cover living expenses only - is unlikely to be regarded as remuneration. However, if it goes (significantly?) beyond that, it may be a different situation altogether. If your friend and his colleagues feel aggrieved, they might want to consult with an expert in labour and employment law. If they intend disputing the termination of their services they would have 30 days after termination to do so.

  
  
• 

  ZAPPA-ESQUE

  So you are in essence S----------D !
• 

  OrphanCrow

  Zappa: So you are in essence S----------D !

  Maybe not.

  the two essential components of the employment relationship are the provision for work or assistance in exchange for remuneration. "Remuneration" can be in money "... or in kind".

  The key might be in "renumeration".

  What does it cost the WTS to house and provide for each Bethel worker each month? This is a taxable amount that a person has to pay personal income tax on. At least, in Canada you do, if you are employed in a 'regular' job. For example, if a person is provided with a meal by their employer (like on a film set or something...) they have to pay personal income tax on the amount the meal is worth. The meal is included in their gross earnings.

  The WTS is treading in the murky water between 'volunteer' and 'employee'. Giving a 'volunteer' for a charitable orgainzation a bit of spending money is reasonable. But, the premise of that is to provide for someone who is probably part of a larger community and working at another job or someone who may be retired and helping out. For incidental purchases that they might have. Like an honorarium, sort of.

  But, with Bethel, it is different. The WTS is giving the workers much more than that. Shelter. That is compensation that benefits the Bethel worker and is therefore considered "income". They received compensation "in kind". Which, somehow, blurs the line between "employee" and "volunteer".

  I think it would be worthwhile pursuing this further with a lawyer. Different lawyers will also have various viewpoints and jurisdictions. What may apply in one country may not in another.
• 

  ZAPPA-ESQUE

  OrphanCrow - Hi To you - I was also looking [and hoping] for a loophole - but WTS in my country took the Department of Labour to Court over this very issue in 1995 and the Labour Court upheld the matter in WTS favour - However.....................I clearly remember that there was a major scramble thereafter to "register" the Bethalites as employees and it is this info that I am trying to get hold of.

  I need to speak to a current Bethalite to find out what their terms of contract are at this time - It is obvious that WT is milking Caesars laws ...........once again ....to their own selfish advantage. eg their claim to be a Charity ....my A----e !
• 

  smiddy

  The bottom line is : Volunteer Jehovah`s Witnesses who are laid off , at any of the WTB&TS `s Branches where there services are no longer required either at Bethel , or Special Pioneers serving under the jurisdiction of the Governing Body ,

  You are all screwed , we do not owe you a thing you volunteered your time and labor to Jehovah , if you have any complaints , put them to him.

  Read the fine print : You are not members of the WTB&TS , you are not Employees of the WTB&TS ,

  You do not represent in any shape or form a representative of the WTB&TS , nor should you claim to be .

  You are nothing more than a volunteer who has given your time and energy to supporting free of charge the WTB&TS formally Known as Jehovah`s Witnesses .

  I will bet my bottom dollar the Average J.W. has no conception of this fact.

  smiddy
• 

  Ich3b

  Everyone is missing the fact that they are neither "volunteers" nor "employees" they are "members" of an order, and as such their membership can be revoked at any time, and they agree to such when they go to bethel.
• 

  sir82

  There is a reason the WTS has a legal department.

  They have studied employment laws very carefully wherever they have a branch office.

  You can rest assured that any considerations are signed away when a Bethel volunteer signs his name on the dotted line to join the "Special Order of Full Time Servants".
  
• 

  cha ching

  Let's get some perspective.... Tell some JW, "Jesus had a legal department... yep, he did.... and when James, Peter & Paul wanted to join him, they had to sign a paper to join a "Special Order" before he would let them... "

  WaaaUUUUuuuuuuuWaaaa.... Doesn't that sound creepy?