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Owner to Employee with No Pay

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  • 12-16-2008, 10:53 AM
    kfedup
    Owner to Employee with No Pay
    My question involves employment and labor law for the state of: CA

    I started as a member of an LLC. I Worked for about 5 months than resigned as a member and relinquished all claim to any ownership. I continued to work for another 8 months or about 38 weeks. I never recieved any pay during the entire period. I have read the test for Excecutive Exempt status and believe I meet the test.

    That said, can I make a claim for unpaid wages? Would that claim cover the entire time or just that of being an "employee"? Since no wage was discussed (they were going to pay me in ownership percentage (verbal agreement) which I am told I have no claim to now) should I look to get paid at the prevailing rate of 2x min wage per week as required by CA exempt executive status? Do I need a lawyer to request my pay before I file a claim with the FLSA and if a claim is necessary how long (average) do they take to make a judgement?

    The only documentation I have is the LLC operating agreements complete with my resignation. The payroll system qualifies as a paperless time system and I have more than 40 hours per week logged on that system stored on thier payrole server.

    Thank you for your time!
  • 12-22-2008, 11:38 AM
    Mr. Knowitall
    Re: Owner to Employee with No Pay
    We have no way of knowing your business relationship or understanding with your partners / former partners. If you agreed to work without wages in return for a percentage of ownership, that may be the deal you have to try to enforce. You're going to need to consult a lawyer and run the specifics pas your lawyer.
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