Legal Question in Civil Litigation in California

can my girlfriend start a drafting business and have me work for her on a voluntary basis and she can still bill the clients for my time and get paid. Is this legal. I'm doing all the work as an employee of hers, but for free as I'm a volunteer, and she is getting paid for that work.


Asked on 1/20/12, 3:00 pm

1 Answer from Attorneys

There are legal limits on how long an employer can have an unpaid intern or volunteer, if the employer is not a non-profit, before at least minimum wage must be paid. Those limits are, however, to protect arms length employees from being abused. The only person who can enforce those laws are the employee. So unless you file a wage claim, the law is irrelevant. Of course if she wants to totally protect herself, she can pay you minimum wage.

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Answered on 1/20/12, 3:15 pm


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