Business.

I have to be able to give proper change. I am not going to sneakily hope that every customer goes along with my cunning plan to give me a 20% tip every time.

a couple weeks ago

Yesterday

until January 1

Bankruptcy cleared in 6 weeks, including over 2-3 major American holidays? Smells fishy.

I find it odd that they would lay out $5k if they were already in receivership, and more odd if they didn’t know or assume there would be issues like this if they were looking at going into receivership.

I would ask for proof of filing to be sent via registered mail from the attorney, and then kinda decide from there.

At the very least, I would put a stop work in on your contractors, ask for time billed, and say “that money is not coming back, as the work was executed in good faith, up until notification”. And then, if the court reaches out to claw it back, you make the same exact case.

If they actually claw it back, I would consider filing a suit for breach and lost revenue due to their own negligence.

If overtime is anything over 40 hours in a week, option 3. If overtime is anything over 80 in a pay period, option 2.

Or…

Allow them to work 32 hours on week 1, allow them to work ~45 hours on week 2, and pay time 1.5x for ~5 hours on week 2

This gives them their pay for 80 hours, but doesn’t ding you for the extra couple of hours.

“I can pay you your punches, or pay you your schedule. Either figure out how to punch a clock or be happy with your scheduled hours being your paycheck.”

Everyone is legally entitled to be paid for every minute they work. But, if they are going to be a pain in the butt about it, make life simple for everyone.

If they are being fairly responsive to the issue, then see if they can start being proactive about it and calling the plumber out once per quarter, or monthly if quarterly doesn’t help enough.

What’s the Operating Agreement say?

If you incorporate before you get an EIN, then incorporation date.

If you don’t need EIN, then date of incorporation or DBA registration.

Silent partners are people that have faith and credit in your ability to run said business, without their input or guidance.

At best, you are going to be a manager of the LLC/Corp.

You aren’t trying to get her to “work for cheaper”, you are giving her the stability of a FT role, and the protections that come with it.

Now, she has shown you how *she* values the relationship. Time to cut bait on her, as you already think she is retaliating against you. As she is a contractor, whatever termination notice is required should be sent and then be done.

Have them download a timekeeping app, or use square. Punching in/out is tracked, and payroll runs automatically.

You either aren’t large enough to matter, or you get C&D’ed.