§ 25-16-1002 - Prohibited employment of relatives.
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.