California Employment Law
California Employment Law Questions Answered by Legal Experts
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It is fine to employee an 18 year old person who lives in Belgium. However, it is not okay to only pay that person through the options pool. The only two possible options in this situation are either 1) that he is a partner, or 2) that he is a volunteer. If he is a partner, then he would not be employed but would rather have a percentage of the company and could engage in profit sharing. If he is a volunteer, you would need to prove that this position was a learning position and that you were not replacing a paid position. This is an impossible argument to make if he is working as a business manager.
Thus, if this person wanted, they could avail themselves of the DLSE to make an unpaid wage claim against you for all hours actually worked. More about this can be found here
Even if you were to pay him something, and call him an exempt employee, you would need to make sure you met the minimum requirements.
More about that can be found here:
So, in order to save yourself a lot of hassle later on, either make this person a partner in the company, or try to avoid the situation altogether.
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