PDA

View Full Version : Canadian relative offering temporary free labor assistance


Donna511
10-09-2005, 05:32 PM
I am opening a new store and my father (Canadian Citizen) has offered to come and help me set the store up (in Georgia)...stock etc to prepare for the Grand Opening. He will NOT be receiving a salary. Is this permitted? And if so, is there anything that I need to do legally?

cbg
10-10-2005, 09:50 AM
No, it is not permitted.

I had someone contact my employer once and practically beg to come work for us as an unpaid intern just to gain experience. In investigating, what I learned is that there is no legal way that a for-profit company can utilize volunteer labor except in bona fide student internship situations, and even in student internship situations the circumstances under which they can be legally allowed to volunteer are extremely rare.

The fact that he is a Canadian citizen also complicates matters. Is he legally authorized to work in this country?

Donna511
10-10-2005, 07:04 PM
No, he is retired and has nothing to do with his time. He and my mother were planning on visiting for Christmas, which is when I will be preparing to open my doors and he suggested that he could come a week or two earlier to assist me with moving everything in before we open the doors to the public. He is not authorized to work in the US. He wouldn't be working in the store after it opens, basically all he would be doing is just helping me get it set up by moving things from storage to the rented space...basically we are only talking about counters, shelves and cabinets all pre-assembled and just carried in and placed. If he is just visiting and lending a helping hand here and there to get things moved and in to place (without compensation) would that be considered illegal? He would not be working in the store after it opens in any capacity.

If this is a possible problem, then who would I contact to get clarification on what is permitted if anything?

Thanks

cbg
10-10-2005, 07:14 PM
You could probably get away with that, as long as he does not do any work for the store after you open.

Donna511
10-10-2005, 07:58 PM
I want to be sure that there will be no issues come up with him helping me move my things in before opening. DO you know who I should call to get answers.

Just Imagine......my dad and I moving things out of a vahicle with Canadian tags and being busted by the Immigration Officers :eek: My dad would kill me, and my mother would never let us live it down.

cbg
10-12-2005, 12:57 PM
Bad wording on my part. As long as all he is doing is helping you set up before you open, and he does no work at all after the store is officially open, neither you nor he will be in any kind of legal trouble.

ivyann
02-08-2006, 11:16 AM
so do you mean if someone continues to volunteer for a for-profit company after they finish their internship it is not legal? why is this? Is this only in the state of georgia?

cbg
02-08-2006, 11:33 AM
No, that's not what I mean, and no, it's not only in the state of Georgia. A retail store, which is what the OP was referring to, is not a non-profit organization. Under Federal law, a for-profit organization cannot use volunteer, free labor. Period. If you are working, you have to be paid.

A not-for-profit organization can, in some circumstances, use volunteers.

Apples and oranges.

Georgia Labor Law Posters
Comply with Georgia regulations with one Complete Georgia Labor Law Poster.
Trusted with customer satisfication.
Call (800) 745-9970 or shop online at www.LaborLawCenter.com.