Is it legal for the Board of Directors of our church to withhold the Pastors Salary

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Is it legal for the Board of Directors of our church to withhold the Pastors Salary

Our pastor was unfaithful with a result of a baby outside his marriage. The church body voted unanimously in favor of pastor to stay. However he is not being paid. What are the responsibilities of the Board and What is the penalty when the corp fails to pay the employee.

Asked on April 12, 2018 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They cannot do this: the law does NOT let you refuse to pay an employee. If they work, they must be paid. If he is not paid, he could bring a legal action against the church (presumably what you refer to as the corp) for the money and possible additional compensation (e.g. legal fees) as well. You can reduce his pay, suspend, terminate, etc. him--but if he works, he must be paid.


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