Legal Question in Civil Litigation in California

Re: Work without pay

If the hiring occurred in California, even if your brother was hired by someone in another state while talking on the phone in California, you should contact the Office of the California State Labor Commissioner, Division of Labor Standards Enforcement and file a claim for unpaid wages. They will do the rest. You can find their contact information at www.ca.gov .

Re: Work without pay

Which state did this occur in, NY or CA?

What type of "things" other then salary are you seeking to recover? If your brother had no contract, he could be deemed a volunteer, if he accompanied a friend on a long road trip.

The New York Department of Labor has a complaint process for non-payment of wages and so does the US Deptartment of Labor; for these purposes the US Labor Department would only apply to minimum wage and overtime rules under the Fair Labor Standards Act. I don't practice in CA.

However, if you try to make a lawsuit out of this, be sure the value of the property and salary owed is significant because the cost of the suit will be.

Re: Work without pay

You have indicated this matter is related to California, yet refer to NY as well. Which state was the company started in and which state was your brother hired in? Claims in California may be made to the Labor Commissioner in California. Both California and New York are "at will" employment states meaning that the employee may leave or be asked to leave at any time. However, there are other considerations to be considered, such as whether there is a written contract. Was the disputed conduct on the part of the ex boyfriend or on the part of your brother? If your brother was disputing what he perceived to be unlawful activities on the part of your ex, he may have a whistleblower type claim. More facts would be helpful to give you more direction. I am licensed in NY and CA so I may be able to direct you to the best sources if I have more facts.

I understand your frustration on your brother's behalf.

Deborah S Skanadore Reisdorph