Is it legal if my employer pays his family for extended time off?

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Is it legal if my employer pays his family for extended time off?

His son works maybe 6 months of the year and still gets a check every week stating he has worked 40 hours every week for 12 months and has taxes taken out and everything. I am an in-law so I know this for a fact but he doesn’t do this for any other employees just his family members.

Asked on June 29, 2015 under Employment Labor Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, it probably is legal. That is unless company policy prohibits nepotism or the terms of a union agreement or employment contract are being violated. Additionally, this preferential treatment must not constitute a form of actionable discrimination. So if you are being treated differently based on your membership in a "protected class", then you might have  claim. In other words, is your lesser treatment due to your race, religion, nationality, gender, sexual orientation, etc? If not, then while unfair that your boss's son is getting preferential treatment, unfortunately it is not illegal.

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