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.
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I agree with Mr. Natoli. An attorney would have to know far more details to determine whether you qualify as an employee.
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