Is it legal to pay a spouse for work done by the other spouse?

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Is it legal to pay a spouse for work done by the other spouse?

If an employee goes out on leave and the spouse ‘covers’ for him/her, is it legal to pay the employee?

Asked on August 5, 2016 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the employer were not an employee per se but an independent contractor, this would be legal. However, under the labor laws, it is not legal for employees, since those laws require each employee to be paid for the work he or she does; therefore, the employer would have to pay the spouse him/herself.


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