§ 25-16-1002 — Prohibited employment of relatives

(a) A public official shall not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement in or to a position in the state agency in which the official is serving or over which the official exercises jurisdiction or control, any person who: (1) Is a relative of the public official; and (2) Is an employee of a state agency or as a result of the public official's action would be an employee of a state agency. (b) Within each state agency, no employees who are related shall be placed within the same direct line of supervision whereby one (1) relative is a supervisory employee and responsible for supervising the job performance or work activities of another relative. (c) If a person is placed on the payroll of a state agency in violation of subsection (a) or subsection (b) of this section: (1) The person shall not be entitled to pay at the rate for which the employee was initially hired; (2) The person shall be entitled to receive pay at the greater of the minimum hourly wage rate under § 11-4-210 or the federal minimum hourly wage rate under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., for time actually worked while in violation of subsection (a) or subsection (b) of this section; and (3) The employment shall be void.

Legislative History

Acts 2005, No. 2262, § 1.