r/law•
Jawajoey

Would this be a legal loophole to minimum wage laws? (USA)

Say you had a company (Company A) that would contract out people to do any services another company required. Company A would be able to agree to any price, correct?

So what if the employees of Company A, the ones who did the labor, were paid not according to a wage, but by an equal share of the profits of the company?

So the employees would have no normal wage to violate minimum wage laws.

Example:

If the Company sold 100 hours of work at $4/hour, by 5 employees who each worked 20 hours, it would make $400. Split evenly among the 5 employees, that's $80, for 20 hours of work, so effectively $4/hour (unsurprisingly) but since it wouldn't be a "wage," it would be "profit sharing," it wouldn't violate any wage laws?

Is that right?

Posted Mar 24, 2012, 9:28 PM UTC

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