Scribd Logo
Upload

Welcome to Scribd!

  • Headley Labor Case - Defendant's Memo in Opposition To Summary Adjudication

    Uploaded by

    Documents Archive
    94 views30 pages
    This is a differently formatted document of Defendant Church of Scientology International's Motion in Opposition to the Summary Adjudication Motion filed by Marc Headley. Headley's motion was asking to get a finding that he was a covered employee of the Church of Scientology and entitled to minimum wage under the Fair Labor Standards Act (FLSA). This opposition paper explains the legal reasons why a member of a religious order (the Sea Organization) is not considered an employee covered under the FLSA and how the activities in which Headley was engaged differs from those in the Alamo case, which is the main authority used by the Plaintiff to argue his case.

    Original Title

    Headley Labor Case - Defendant's Memo in Opposition to Summary Adjudication

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    ODT, PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This is a differently formatted document of Defendant Church of Scientology International's Motion in Opposition to the Summary Adjudication Motion filed by Marc Headley. Headley's motion was asking to get a finding that he was a covered employee of the Church of Scientology and entitled to minimum wage under the Fair Labor Standards Act (FLSA). This opposition paper explains the legal reasons why a member of a religious order (the Sea Organization) is not considered an employee covered under the FLSA and how the activities in which Headley was engaged differs from those in the Alamo case, which is the main authority used by the Plaintiff to argue his case.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as ODT, PDF or read online from Scribd
    Flag for inappropriate content
    94 views30 pages

    Headley Labor Case - Defendant's Memo in Opposition To Summary Adjudication

    Uploaded by

    Documents Archive
    This is a differently formatted document of Defendant Church of Scientology International's Motion in Opposition to the Summary Adjudication Motion filed by Marc Headley. Headley's motion was asking to get a finding that he was a covered employee of the Church of Scientology and entitled to minimum wage under the Fair Labor Standards Act (FLSA). This opposition paper explains the legal reasons why a member of a religious order (the Sea Organization) is not considered an employee covered under the FLSA and how the activities in which Headley was engaged differs from those in the Alamo case, which is the main authority used by the Plaintiff to argue his case.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as ODT, PDF or read online from Scribd
    Flag for inappropriate content
    of 30
    cas oman 2:08-cv-03986-DSF-MAN Document 40 Filed 09/04/2009 Page 1 of 30 ANTHONY J, ONCIDI, SBN 118135 /goncidi@proskquer.com ROLD M, BRODY, SBN 84927 skauer.com GS: CLEAVER, SBN 245717 gcleaver(oroskauer.com PROSKAUER ROSE LLP 2049 Century Park East, 32nd Floor Los Angeles, CA 90067-3205, Telephone: (310) Facsimile: (310) 35: KENDRICK L, MOXON, SBN 128240 Kmoxon(@earthlinknet MOXON'& KOBRIN 3055, Wilshire Boulevard, Suite 900 Los Angeles, California 90010 Telephone: (213) 487-4468 Facsimile: (213) 487-5385 ERIC M. LIEBERMAN, admitted pro hac vice elieberman@rbskl com RABINOWTIZ, BOUDIN, STANDARD, KRINSKY & LIEBERMAN. P.C. 11) Broadway, [ith Floor New York, NY 10006 ‘Telephone! (212) 254-1111 ‘Attomeys for Defendant, CHURCH OF SCIENTOLOGY INTERNATIONAL. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA MARC HEADLEY, Case No. CV09-3986 DSF (MANx) Plaintiff, DEFENDANT CHURCH OF SCIENTOLOGY. v INTERNATIONAL’S MEMORANDUM OF POINTS. CHURCH OF SCIENTOLOGY AND AUTHORITIES IN INTERNATIONAL, a corporate entity, ) OPPOSITION TO PLAINTIFF'S. MOTION FOR SUMMARY Defendant. ADJUDICATION Hon. Dale S. Fischer Date: September 28, 2009 Time: 1:30 p.m, ca 19 ooras. 206 2:09-cv-03986-DSF-MAN Document 40 Filed 09/04/2009 Page 2 of 20 ‘TABLE OF CONTENTS INTRODUCTION FACTS. COMPETITION IN THE COMMERCIAL MARKETPLACE -nnoe7 ‘A. The FLSA Does Not Apply. B, The California Labor Code and Wage Orders Also Do Not Apply C. Headley Misconstrues the Applicable Cases... 2 I. THE MINISTERIAL EXEMPTION PROHIBITS APPLICATION OF MINIMUM WAGE LAWS TO NON- SECULAR CHURCH WORKERS OR MEMBERS OF 4 . RELIGIOUS ORDER......... wal UL THE ACTIVITIES OF THE RELIGIOUS WORKERS AT CS GOLDEN ERA, INCLUDING HEADLEY'S. CANNOT Bre CONSIDERED PART (OF A COMMERCIAL SENTERPRI: ne a IV. HEADLEY WAS A MEMBER OF RELIGIOUS ORDER AND HiS DUTIES PLACED HIM WITHIN THE MINISTERIAL EXCEPTION... CONCLUSION... ca Be onenest0t 2.08-cv-03986-DSF-MAN Document 40 Filed 09/04/2009 Page 3 of 30 TABLE OF AUTHORITIES Page(s) FEDERAL Cases Alcazar v. Catholic Archbishop of Seattle, 2006 WL 3791370 (W.D. Wash., Dec. 21, 2006)... |Ashnwander v. Tenn, Valley Auth, 297 US. 288 (1936) EEQC v. Catholic Univ, of Am, STH 888)... EOC x. Roman Catholic Diocese of Raleigh, NC, 213 F.3d 795 (4th Cir. 2000).. 16, 19,25 EOC. Sy. Baptist Theological Seminary 651 F.2d 377 (Sth Cit. 1981) rn : 17,18 Eig v. Calvin Presbyterian Church, 375 F.3d 951 (Sth Cir. 2004).. nena 1S Bivig Colvin Presbyterian Chureh, 17 F.3d 790 (Sth Cit. 2005).. wld Hollins . Methodist Healthcare, Inc. 474 F.3d 223 (6th Cir. 2007, [MeChure y. Salvation Army, 16 460 F.2d 553 (Sth Cit. 1972) one 15,18, 19,20 Murdock v. Pennsylvania, SIFU. 103 1943) eens z 21,22,24 | Murray v. The Charming Bets) ‘US. © Cranch) 64 (1803), | NLRB v. Catholic Bishop of Chicago, BO US 180 Io tea 2 | Ravbure v, Ger, Conference af Seventi-day Adventists, “TZ B.2d 1164 (4th Cir, 1985)... Ross.v. Metro. Church of God, ‘471 F. Supp. 24 1306 (N-D. Ga, 2007)... a senses 16 Schleicher ». Salvation Arm S18 F 34472 (7th Cir. 2068) (Posner, J... a7 10,16 Shaliehsabou v. Hebrew Home of Greater Washington, '363 F.3d 299 (4th Cis. 2004). Tony and Susgy Alamo Foundation v. Secretary of Labor 71 US. 290 (1985)... 16, 17,18 12, 14,15

    You might also like