united-states california labor-law immigration work-permit
Can Alice accept tips after providing free, no-strings-attached labor or service without employment authorization?
<p>Alice is an asylum seeker with her EAD pending renewal with 179 days of unauthorized work under her belt total. Bob is a recipient of the labor or service of Alice.</p>
<p>Is she entitled to engage in labor or provide a service (for e.g. cleaning, shopping for groceries, transporting  with a vehicle from A to B etc.)  based on a contract strictly for no remuneration of any kind may be provided and will not be accepted with entire agreement and written-amendments-only clauses, and allow — but not stipulate as a prerequisite for the service or labor — labor or service recipients to leave a tip?</p>
<p>Is such a contract achievable that would withstand inquiries for removal or deportation on the grounds of violations of employment and similar laws or is the law established in a way that under no circumstances could any such or similar contract allow effectively for free no-strings-attached service and/or labor provision of Alice and also to accept any non-obligated tips from Bob?</p>
<p>Does it make a difference if Alice regularly engages in such labor or provision of services although predominantly to a different person each time?</p>
<p>If not, what laws would prevent acceptance of such tips? (For e.g. could this be considered panhandling, soliciting etc.) Presume all ancillary laws are followed and complied with (for e.g. paying taxes since Alice had been already provided a social security number etc.)</p>
<p>Alice, if wasn’t hypothetical, would greatly appreciate it!</p>

<p>If Alice receives nothing in return for doing the work, there is no contract, as consideration has not been provided. See <a href="https://law.stackexchange.com/questions/6263/">the canonical question about what a contract is and requires</a>.</p>
<p>If Alice receives anything in return for the work, this is income from employment and, because nobody asks this question unless they're trying to circumvent restrictions on whether they can be employed, it is almost surely illegal.</p>
<p>Alice would do well to consult a lawyer on exactly what they could do to earn permitted income, and in the mean time avoid jeopardising their refugee status by doing things they are not permitted to do.</p>

<h2>No</h2>
<ol>
<li>Without consideration, there is no contract.</li>
<li>In most jurisdictions, people who work must be paid the minimum wage for the job. Unpaid workers are only permitted in very narrow circumstances such as educational internships or when volunteering for charities.</li>
<li>This fails the <a href="https://en.wikipedia.org/wiki/Duck_test" rel="nofollow noreferrer">duck test</a>. Immigration authorities and courts are interested in what things really are, not what duplicitous people say they are. If this came to light, Alice would be on the next flight home.</li>
</ol>
