Is it illegal to work for your family business part-time on and off for free?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it illegal to work for your family business part-time on and off for free?

Would it be considered voluntary work? There was recently someone who filed for unemployment after being laid off from another company, but she also included working for the family business as a previous employer and now there is a request in the mail for the amount of wages she was paid.

Asked on September 27, 2015 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, it is not illegal to volunteer time or work for free, if it is truly voluntary on the employee's part--the law doesn't make someone take a wage for work. It is illegal for the employer to require free work or refuse to pay an employee for work, and if the employer tries to, the employee may have a wage-and-hour  lawsuit or complaint to file with the department of labor for compensation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption