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 1. Work & Money

·
Posted on Feb 14, 2023


"YOU WON'T BELIEVE HOW MANY EMPLOYERS KNOWINGLY BREAK THE LAW": A LAWYER SHARED
COMMON THINGS COMPANIES DO THAT ARE 100% ILLEGAL

"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."

by Megan Liscomb

Personal Finance Editor

🔥View 88 comments
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KNOWING YOUR RIGHTS AS AN EMPLOYEE IS SO IMPORTANT, BUT MANY OF US DON'T KNOW
WHERE TO EVEN START. SO, WHEN MISSOURI-BASED EMPLOYMENT LAWYER PAIGE SPARKS
(@LAWYERPAIGE) RECENTLY SHARED A TIKTOK ABOUT THE MOST COMMON LAWS SHE SEES
EMPLOYERS BREAK, THIS ESSENTIAL INFO QUICKLY WENT VIRAL.

@_paigesparks / Via instagram.com
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ANZEIGE





IN A VIDEO THAT'S BEEN VIEWED OVER 23 MILLION TIMES, SPARKS INTRODUCES HERSELF,
SAYING, "YOU WON'T BELIEVE HOW MANY EMPLOYERS KNOWINGLY BREAK THE LAW. MY NAME
IS PAIGE SPARKS. I'M AN EMPLOYMENT LAWYER. 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."


> 






THEN, SHE LISTS THE MOST COMMON FEDERAL LABOR LAWS THAT SHE SEES EMPLOYERS
BREAKING ALL THE TIME. HERE'S WHAT SHE HAD TO SAY:






1. "FIRST AND PROBABLY MOST COMMON IS: YOU ARE ALLOWED TO TALK ABOUT YOUR PAY AT
WORK WITH YOUR COWORKERS. IF YOUR EMPLOYER HAS A POLICY SAYING THAT'S NOT
ALLOWED, THAT'S ILLEGAL TO ENFORCE OR EVEN TO HAVE. THEY CANNOT DISCOURAGE YOU
FROM DISCUSSING YOUR PAY WITH YOUR COWORKERS. IT'S A FEDERAL RIGHT."


Mayur Kakade / Getty Images
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ANZEIGE





2. "THE NEXT MOST COMMON VIOLATION THAT WE SEE IS COMPANIES IMPROPERLY DENYING A
REQUEST FOR AN ACCOMMODATION FOR A DISABILITY. THEY HAVE TO ENGAGE IN WHAT'S
CALLED THE INTERACTIVE PROCESS AND EXPLAIN WHY THEY CAN OR CANNOT ACCOMMODATE
YOU AND PROVIDE POSSIBLE ALTERNATIVES. THEY DON'T GET TO JUST SAY, 'NO, I'M NOT
ACCOMMODATING YOU.'"





3. "IF YOU ARE AN HOURLY EMPLOYEE AND YOU EARN OVERTIME, YOUR EMPLOYER CANNOT
REQUIRE YOU TO ARRIVE TO WORK EARLY WITHOUT PAYING YOU SO THEY CAN'T HAVE YOU
JUST HANGING AROUND WAITING TO CLOCK IN. YOU NEED TO BE PAID FOR ALL THE TIME
WORKED."


Jetta Productions Inc / Getty Images
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ANZEIGE





4. "JUST BECAUSE YOU'RE A SALARIED EMPLOYEE DOESN'T MEAN YOU DON'T GET OVERTIME
AUTOMATICALLY. THERE IS A TEST TO SEE IF YOU ARE EXEMPT OR NOT FROM EARNING
OVERTIME. FOR EXAMPLE, IF YOU'RE AN OFFICE STAFF PERSON AND YOU'RE TOLD YOU'RE
SALARIED SO YOU DON'T GET OVERTIME, THAT'S NOT REALLY HOW IT WORKS. YOU MAY BE
ENTITLED TO OVERTIME."





5. "JUST BECAUSE YOUR BOSS SAYS YOU'RE A 1099 CONTRACTOR DOESN'T MEAN YOU ARE."


Jae Young Ju / Getty Images/iStockphoto
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(More on this in a bit.)






6. "I CAN'T EVEN BEGIN TO TELL YOU HOW MANY COMPANIES I'VE SUED FOR FIRING
SOMEONE THE DAY THEIR WORKERS COMPENSATION CLAIM SETTLES FOR NO LEGITIMATE WORK
REASON, LIKE THAT'S NOT SUSPICIOUS."





7. "YOU ALSO CAN'T BE RETALIATED AGAINST FOR REPORTING CERTAIN ILLEGAL
DISCRIMINATION, WHICH IS WHY YOU ALWAYS WANT TO MAKE SURE YOU DO IT IN WRITING
SO THAT WE CAN PROVE THAT YOU SAID IT."


Fizkes / Getty Images/iStockphoto
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ANZEIGE





8. AND FINALLY, "YOU ALSO CAN'T BE FIRED FOR USING THINGS LIKE FMLA, [THE FAMILY
AND MEDICAL LEAVE ACT]."





IN THE COMMENTS, PEOPLE ARE THANKING HER FOR SHARING THIS VITAL INFORMATION AND
SHARING WHICH LAWS THEY'RE SEEING THEIR OWN EMPLOYERS BREAK.


@lawyerpaige / Via tiktok.com
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SPARKS TOLD BUZZFEED THAT SHE'S BEEN PRACTICING EMPLOYMENT LAW SINCE SHE PASSED
THE BAR IN 2019, AND ALSO CLERKED IN THIS AREA OF THE LAW DURING HER STUDIES.
AND SHE SHARED WHY SHE TRULY LOVES THE WORK SHE DOES. "I AM SUPER PASSIONATE
ABOUT EMPLOYMENT LAW, PARTIALLY BECAUSE I'VE EXPERIENCED A LOT OF THESE LABOR
VIOLATIONS FROM A LOT OF DIFFERENT EMPLOYERS. AND SOME OF THEM WERE EVEN
LAWYERS! BUT I'M VERY PASSIONATE BECAUSE WHEN IT HAPPENED TO ME, I DIDN'T KNOW
WHAT TO DO, AND I DIDN'T KNOW WHAT MY RIGHTS WERE."


@lawyerpaige / Via tiktok.com
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ANZEIGE





AND SHE GAVE MORE INFORMATION FOR ANYONE WHO'S WONDERING IF THEY SHOULD BE
ELIGIBLE FOR OVERTIME EVEN THOUGH THEY'RE SALARIED. "SALARIED PEOPLE ARE NOT
JUST AUTOMATICALLY EXEMPT FROM OVERTIME. THAT'S KIND OF A MYTH THAT GOES AROUND.
THERE'S A THREE-PART TEST. 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. SO, THOSE
INDIVIDUALS SOMETIMES FIND OUT THAT THEY ARE ENTITLED TO THAT OVERTIME WHERE
THEY'RE NOT JUST WORKING THIS FLAT SCHEDULE AND THEY'RE NOT EXEMPT. WHEN THAT
HAPPENS, IF WE'RE RIGHT, WE CAN GO BACK TWO YEARS FOR UNPAID OVERTIME."





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 THAT'S NOT REALLY HOW
IT WORKS." IF YOU'RE CURIOUS ABOUT YOUR 1099 STATUS, THE DEPARTMENT OF LABOR HAS
INFO HERE THAT CAN HELP YOU DETERMINE IF YOU'VE BEEN MISCLASSIFIED.


Hapabapa / Getty Images/iStockphoto
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ANZEIGE





IF YOU'RE READING THIS AND THINKING, UH-OH, MY COMPANY IS DOING ONE (OR MORE) OF
THESE THINGS TO ME, SPARKS SAYS DOING SOME EXTRA RESEARCH IS A GREAT FIRST STEP.
"I THINK THE SCARIEST THING FOR MY FOLLOWERS IS LIKE, WHAT DO I DO IF THAT'S
HAPPENING TO ME? SO, THE FIRST STEP IS, THERE ARE MANY RESOURCES ON THE
DEPARTMENT OF LABOR WEBSITE. THEY ARE PROVIDED BY THE FEDERAL GOVERNMENT. SO,
THOSE ARE A GOOD STARTING POINT."





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."

Tap to play GIF Tap to play GIF
Hulu / Via giphy.com
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ANZEIGE





SHE ALSO SHARED SOME MISCONCEPTIONS THAT SHE SEES PEOPLE HAVE ABOUT EMPLOYMENT
LAW. "A LOT OF PEOPLE ARE AFRAID TO TAKE ON BIGGER COMPANIES. THAT'S A MYTH. WE
LOVE TAKING ON BIGGER COMPANIES BECAUSE THEY USUALLY HAVE A LEGAL DEPARTMENT AND
WE'RE NOT TALKING TO, LIKE, A SMALL MOM AND POP OWNER WHO TELLS ME TO EFF OFF.
WE DON'T CARE ABOUT COMPANY SIZE AS LONG AS THE LAW APPLIES TO THEM."





"ANOTHER THING I SEE IS A LOT OF PEOPLE IN THESE SITUATIONS ARE MENTALLY ABUSED,
WHICH ISN'T ACTIONABLE IN ITSELF, BUT THEY'RE BEING TREATED THIS WAY FOR A
REASON — USUALLY POOR MANAGEMENT OR A BAD BOSS. SO, A LOT OF PEOPLE GET SO
BEATEN DOWN, AND THEN, THEY'LL COME TO US AND JUST BE LIKE, 'I DON'T KNOW IF I
WANT TO GO FORWARD. I'M SCARED OF MY BOSS.' OR, IF THEY WERE ALREADY FIRED, IT'S
KIND OF LIKE A NARCISSISTIC, ABUSIVE RELATIONSHIP, LIKE IF YOU WERE DATING BUT
INSTEAD OF YOUR BOSS, AND SO, IF WE CAN GET PEOPLE JUST TO TRUST LIKE, 'HEY, YOU
HAVE RIGHTS, YOU'RE NOT FIGHTING THIS ALONE ANYMORE,' AND TRANSITION INTO THAT
MINDSET. THAT'S HARD FOR A LOT OF PEOPLE TO DO, BUT IF THEY CAN TAKE THAT LEAP,
IF THERE ARE VIOLATIONS, YOUR BOSS NO LONGER GETS TO BULLY YOU, AND THEY HAVE TO
DEAL WITH YOUR LAWYER."


Jirapong Manustrong / Getty Images/iStockphoto
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ANZEIGE





FINALLY, SHE SAYS, "ONE OF MY FAVORITE THINGS TO DO IS STOMP DOWN BULLIES. SO,
IF I CAN GIVE PEOPLE INFORMATION SO THAT THEY FEEL CONFIDENT KNOWING THEIR
RIGHTS, THAT REALLY IS SO REWARDING TO ME."





FOLLOW PAIGE SPARKS ON TIKTOK AND INSTAGRAM.







SHARE THIS ARTICLE

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88 COMMENTS·SIGN IN TO COMMENT

Order by:Selecting the radio button will refresh the page with new results
ordered by either likes or date.Most HeartsMost Recent
 * aditson
   6 months ago
   I think one of the main reasons people don’t take legal action or report
   their employer is they’re afraid how they’ll be treated afterward. Of course
   the employer can’t legally retaliate, but there are still ways to make their
   lives miserable. I’ve sadly seen that firsthand.
   Heart78 people love this commentShow replies (4)
 * palimpsest00
   6 months ago
   Whenever possible, workers should unionize and insist on their power as a
   collective. Employers' power should be minimized and fragile.
   Heart58 people love this commentShow replies (2)
 * BuzzyNYC
   6 months ago
   Dear Buzzfeed, Can we have more articles like these? We know you love your
   konstant Kardashian kontent, anything involving the nepo babies, & recycled
   long listicles about how America is weird. You know the ones. Anyway, we like
   stuff like this too … learning random, useful things... Read more
   Heart43 people love this commentShow replies (7)

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