Can my employer pay his favorite employee extra hours on their paycheck if the hours were not actually worked?

UPDATED: Dec 11, 2015

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Can my employer pay his favorite employee extra hours on their paycheck if the hours were not actually worked?

And if this is happening, what can be done?

Asked on December 11, 2015 under Employment Labor Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

An employer can pay their employer whatever they would long as they are not discriminating against another employee for an unlawful purpose.  Basically, he's giving the employee a bonus.  If the bonus is because he really likes the employee... then it's okay.   If he is paying other's less because they are members of a protected class (minorities, females, etc.).... then that is not permissible and the discriminated employees may be able to assert a discrimination complaint against the employer.
If this is a matter of a manager bumping up an employees paycard, but the manager is not the owner of the company, then this is a matter to be handled by the owner with the manager... which could consitute theft or fraud if the owner was not aware of the fraudlent documents.

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