What ramifications if any will be against the business for the spouse working but not drawing an income
Your question, though simply stated, is actually not so straight forward.
There may be both federal and state employment law as well as family law issues implicated here. I mean, plenty of spouses help with their spouses business and are not treated as employees. It franky depends on what your involvement is.
You should consult a local lawyer that can explore all the issues you are concerned with in more detail before you do anything. Keep in mind that you may have a financial interest in this business by virtue of being married to its owner. So don't do anything such as report a labor issues with DOL, etc in spite because this may have the unintended effect of hurting the business and thus diminishing your interest in it as well. Talk to a lawyer.
The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the areas of business law and intellectual property to entrepreneurs, small-to-medium size businesses, independent inventors and artists across the nation and abroad. Feel free to call for a free phone consultation; your inquiries are always welcome: CONTACT: 866-871-8655 Support@LanternLegal.com DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
I agree with Mr. Natoli. An attorney would have to know far more details to determine whether you qualify as an employee.
If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.