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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1830
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Is it okay to employ a 18 years kid as business manager position

Resolved Question:

Is it okay to employ a 18 years kid as business manager position and he actually live in Belgium. Moreover, he will not get salary but he request to get options pool (equity/warrants/convertible debt)
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 11 months ago.

Brandon, Esq. :

Hello, my name is XXXXX XXXXX it will be my pleasure to assist you today. My goal is to provide you with excellent service. Are you online with me today?

Brandon, Esq. :

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.

Brandon, Esq. :

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

Brandon, Esq. :

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.

Brandon, Esq. :

More about that can be found here:

Brandon, Esq. :

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.

Brandon, Esq. :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. :

Have a wonderful rest of your day.

Brandon, Esq., Lawyer
Satisfied Customers: 1830
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 3 other California Employment Law Specialists are ready to help you
Expert:  Brandon, Esq. replied 11 months ago.
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