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My VP has asked that one of our employees bring in her 17…

My VP has asked that...
My VP has asked that one of our employees bring in her 17 year old step daughter to come and work in the summer and scan and shred files. Please let me know if this is legal. This would be considered a side job under the books for the summer. Should I produce any forms or letter of employment for the time being?
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7/11/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,319
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today

Can you tell me what state you live in? How many hours would she be working?

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Customer reply replied 1 month ago
New York, 32 hours

I see. Are these during the day time? Or at night?

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Customer reply replied 1 month ago
during the day. 9-5 or 10-6 pm same hours as her mother except for Thursday.

Ok, so although it may be "off the books," the company would still be liable for worker's compensation, unemployment insurance payments, payroll taxes, and anything else they would have to pay to or on behalf of another employee who is on the regular payroll. So, if they are doing this under the table, they have to be aware of the considerable risks they may be encountering as a result. Accordingly, I would strongly recommend making everything above board if they plan on hiring her as an employee.

According to the NY Dept. of Labor, when school is not in session, and during vacations (school must close for the entire calendar week), 16 and 17 year-olds may not work more than 48 hours a week. So, they have to make sure she sticks to those hours that they have recommended and can't go over.

Also, they may be on the ook for overtime if she works more than 40 hours as well.

Thus, although it may seem like a good idea to pay her under the table, please have them consider the risks of doing such a thing.

Because I value input, I would like to know what other questions did you have for me today that I can help out with:-)?

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Customer reply replied 1 month ago
Should I create an offer letter that states she is seasonal or a temp even if she is off the books?

Yes, that would be a good idea. Just anything to show the terms of this agreement.

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Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,319
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Customer reply replied 1 month ago
hello, I have an employee that was hurt on the job and the employer is not looking to report workers comp but pay medical expenses out of pocket to eliminate any premium fees. Is this legal?
Customer reply replied 1 month ago
Another question , I have a sales team and I would like to implement new sales goals and metrics requirements. I would also like to hold them accountable for not meeting the requirements I set in place. How can I do this? Can I incorporate this in the new Employee handbook?

Thanks so much for your positive rating! So, if you have additional questions, I'd love to answer them, but you'll have to click on my profile and ask me those follow up questions. It helps separate the different questions and keeps it in a more logical thread for me so I can help you out the most. Would you mind directing a question at my profile? Thanks!

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