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California - Paying wages to children that dont really work

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  • California - Paying wages to children that dont really work

    I recently found out that my employer is paying his children, even though they do not work for the company and even one child is out of state in college...

    Who would this be reported to?

    Also makes us angry as they reduced our wages by 10% but if they removed their 3 kids from payroll we would probably get our 10% back... ugh...

    Help... torn...

  • #2
    You don't report it to anyone. It's no one's business but his. No law says he can't pay wages to his children if he wants to. No law makes it illegal for him to reduce your wages by 10% unless you have a legally binding contract or CBA that says otherwise, or unless the reduction takes you below the state minimum wage (since state is higher than Federal in your state). It's not even illegal if he reduced your wages IN ORDER TO pay his children.

    While it would be against the law to NOT pay someone who IS working, it is NOT against the law to pay someone who is not.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      So you are saying it is legal for him to pay employees that dont work? That dont come into the office, but make a fake time card about how many hours they work?



      Originally posted by cbg View Post
      You don't report it to anyone. It's no one's business but his. No law says he can't pay wages to his children if he wants to. No law makes it illegal for him to reduce your wages by 10% unless you have a legally binding contract or CBA that says otherwise, or unless the reduction takes you below the state minimum wage (since state is higher than Federal in your state). It's not even illegal if he reduced your wages IN ORDER TO pay his children.

      While it would be against the law to NOT pay someone who IS working, it is NOT against the law to pay someone who is not.

      Comment


      • #4
        Is this a privately owned company? Of so, the owner can pay family members for doing nothing if he chooses. If it's a publically traded company, a non-profit, or a company contracting with a government agency, then it may be prohibited, but if not, there's nothing to stop it.

        Comment


        • #5
          Its a privately owned corporation...

          So its legal to make fradulent time cards about how many hours they work???

          Originally posted by TSCompliance View Post
          Is this a privately owned company? Of so, the owner can pay family members for doing nothing if he chooses. If it's a publically traded company, a non-profit, or a company contracting with a government agency, then it may be prohibited, but if not, there's nothing to stop it.

          Comment


          • #6
            What is the point of having a time card and clocking in and out for lunches if "other employees" dont follow the same type of guidelines?




            Originally posted by Starrbrownjr View Post
            Its a privately owned corporation...

            So its legal to make fradulent time cards about how many hours they work???

            Comment


            • #7
              As long as no outside entity like a government agency or insurance company is being charged for this time, then no, I don't see a problem. It would be like you deciding to give your kids an allowance in your own home, and having them write up time cards. Who cares if they are accurate or not, and who cares if they fill them out or not? It's your money and your kids. The neighbor's kids might be jealous and complain, but it's your business, not theirs.

              Comment


              • #8
                I thought all employees had to be treated the same, as in clocking in and out, taking lunches and breaks.. as they are federally regulated...

                Originally posted by TSCompliance View Post
                As long as no outside entity like a government agency or insurance company is being charged for this time, then no, I don't see a problem. It would be like you deciding to give your kids an allowance in your own home, and having them write up time cards. Who cares if they are accurate or not, and who cares if they fill them out or not? It's your money and your kids. The neighbor's kids might be jealous and complain, but it's your business, not theirs.

                Comment


                • #9
                  All employees do not have to be treated the same. Employees get treated differently for legal reasons all the time. They just can't be treated differently based on a protected characteristic (like age, race, gender, religion etc). But treating someone differently based on being related to the boss is not illegal, because "not related to the boss" is not a legally protected class.

                  Comment


                  • #10
                    Not really. You are sort of combining a lot of apples and oranges here.
                    - The "keeping time accounting records" rule are part of the FLSA regulations 29 CFR 516.xxx. These rules are between the government and the employer. If the employer chooses to cook the time accounting records, the employee is not legally considered to be the injured party. The government can fine the employer for failure to follow the part 516 rules, but this is unrelated to anything involving the employee.
                    - The "what are hours worked" rules are 29 CFR 785.xxx. The "what is a lunch" rule is 29 CFR 785.19. The "what are breaks" rule is 29 CFR 785.18. None of these rule mention your "all employees had to be treated the same" rule. If the employer fails to pay you for hours actually worked, then you can file a wage claim. The employer cooking the time accounting records in no way protects them from you filing a wage claim.
                    - Point of fact, all employees legally do not need to be treated the same. There are some exceptions. For example, race, national origin, religion (to name a few) are protected by a very specific law referred to as Title VII. But employees who are not family members are not a legally protected class under that or any other law. Not for private sector employees anyhow. Not all discrimination is illegal.

                    I understand that this is not the answer that you are looking for. I will include a pointer to the actual FLSA regulation in case you would like to try to prove me wrong.

                    http://ecfr.gpoaccess.gov/cgi/t/text...29cfrv3_02.tpl
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment


                    • #11
                      So in other words... employees need to suck it up and get over the fact that they pay employees that dont even work but submit false time records...




                      Originally posted by DAW View Post
                      Not really. You are sort of combining a lot of apples and oranges here.
                      - The "keeping time accounting records" rule are part of the FLSA regulations 29 CFR 516.xxx. These rules are between the government and the employer. If the employer chooses to cook the time accounting records, the employee is not legally considered to be the injured party. The government can fine the employer for failure to follow the part 516 rules, but this is unrelated to anything involving the employee.
                      - The "what are hours worked" rules are 29 CFR 785.xxx. The "what is a lunch" rule is 29 CFR 785.19. The "what are breaks" rule is 29 CFR 785.18. None of these rule mention your "all employees had to be treated the same" rule. If the employer fails to pay you for hours actually worked, then you can file a wage claim. The employer cooking the time accounting records in no way protects them from you filing a wage claim.
                      - Point of fact, all employees legally do not need to be treated the same. There are some exceptions. For example, race, national origin, religion (to name a few) are protected by a very specific law referred to as Title VII. But employees who are not family members are not a legally protected class under that or any other law. Not for private sector employees anyhow. Not all discrimination is illegal.

                      I understand that this is not the answer that you are looking for. I will include a pointer to the actual FLSA regulation in case you would like to try to prove me wrong.

                      http://ecfr.gpoaccess.gov/cgi/t/text...29cfrv3_02.tpl

                      Comment


                      • #12
                        Yep, and when they own their own companies, they can put their dogs & cats on the payroll if they wish!

                        Comment


                        • #13
                          That's where you make the same mistake a lot of people make. There is NOTHING in the law that says all employees have to be treated the same. What the law says is that IF employees are treated differently, the difference cannot be based in characteristics protected by law (race, religion, national origin etc.). It is quite legal to treat family members differently from other employees since being/not being related to the boss is not a characteristic protected by law.
                          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                          Comment


                          • #14
                            Then why do articles like these come up...

                            http://www.completepayrollinc.com/ar.../children.html

                            http://www.toolkit.com/small_busines...x?nid=P08_2048

                            Comment


                            • #15
                              All such articles say is that the employer has to follow certain guidelines in order to do this. And unless you are in HR, you have no way of knowing if he has or not.

                              In any case, this is NONE OF YOUR BUSINESS. If he has not followed the required guidelines, the IRS will catch it when he files his taxes. If he has, then there's nothing to report.
                              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                              Comment

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