Prohibited employment of relatives

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  1. (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. (1) Is a relative of the public official; and

    2. (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.

  2. (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.

  3. (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. (1) The person shall not be entitled to pay at the rate for which the employee was initially hired;

    2. (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. (3) The employment shall be void.


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