Can I just hire my brother to do that?

As a general rule… yeah, sure. You can hire your brother to do that. You can put him on the payroll or contract with his business. He could become a partner in your business, or — if he’s willing to help you out of the goodness of his heart — you can even let him volunteer his time. He sounds like a great guy. There are lots of ways for the two of you to work together on this.

Here’s what you shouldn’t do though.

1. You shouldn’t hire your brother to do the same job as somebody else, and then pay him more or give him a better schedule or perks just because you love him. That’s called nepotism, my friends, and it’ll crush the heart and soul of your work culture. Equal pay for equal work is the way to go, even for a small family business.
2. You shouldn’t fire an existing employee because you’d rather give their job to your brother. Ending someone’s employment is a big deal — it deserves due consideration and fair dealings. It’s also something that leaves you especially vulnerable to legal action. If your only defense to a wrongful termination, breach of contract, wage and hour, or EEOC lawsuit is “Well, I wanted to hire my brother instead”… you might as well just write out the settlement check right now.
3. Don’t misclassify him as an independent contractor if he’s not one. Employees are subject to pay requirements that independent contractors aren’t. Do some research or get a second opinion before you decide how to classify him.
4. If there’s any feasible way to do it, you should figure out a way for someone other than you to be his boss, because you’re biased. And you should figure out a way to make sure your brother isn’t managing employees he’s related to either. The conflict of interest may not seem like a big deal at first, but over the long run it tends to become more and more problematic.

Wishing you good luck and harmony in the workplace,

— Rachelle

This article is not a substitute for legal advice. Thrive HR Studio is an HR consultancy specializing in the employment relationship. If you have a legal problem please consult an attorney.