'I sue companies for wrongful termination, for discrimination, and retaliation, and I will never be out of a job because they won't quit doing it. Here are the most common violations of labor laws I see by all companies, no matter what size.'
. There's a salary threshold, if you don't make X amount per week, then there's a duties test, what kind of duties you have to do. And then, there are professional exemptions, like for doctors or lawyers like me, we're not able to get overtime. So, if you don't fit into that three-part test, you may not be exempt from getting overtime with your salary.
Sparks also talked a bit about 1099 misclassification, which occurs when employers try to classify workers as freelancers when they're really treating them like employees."Those are some of my favorite lawsuits to bring because they're pretty cut and dry when it's being abused. So, 1099 abuse is actually very common. A lot of people think that if they're given that form, they're forced to sign the 1099 versus a W2, so they're stuck.
And good news if you wind up needing a lawyer — Sparks says everyone can afford one."Most employment lawyers work on contingency, which means the client pays nothing up front, and then, we get paid out of a percentage that we agree upon out of any potential recovery. So, it's great for employment law, because there are a variety of people who will need this help, and most of them can't afford a lawyer. So, in the event we don't recover anything, they don't owe anything.
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