The 9th nominee for the Worst Employer of 2024 is … the miscarriage of justice

Today, I'm adding Troy Corp. to my list of 2024's Worst Employers—and this one hits hard.

According to a recent lawsuit, Michelle Tan-Torres, in-house legal counsel at Troy Corp., discovered that the baby she was carrying had Trisomy 13, a rare and serious genetic disorder. Shortly after, she tragically suffered a miscarriage. Instead of offering support, her employer fired her.

A textbook example of FAFO

When a judge or jury finds your client dishonest, they've decided your fate. If that dishonesty involves lying to the court, your client may never get the chance to face a jury.

A prime example is Deering v. Lockheed Martin, a case recently decided by the 8th Circuit.

Musings on Springfield and national origin discrimination and harassment

We need to talk about the false and xenophobic rumors about Haitian migrants eating cats and dogs in Springfield, Ohio, stoked by a certain Presidential candidate. Schools, universities, hospitals, and even city government buildings have been closed because of threats of violence. And it's reasonable to assume that Haitians legally working in the businesses in and around Springfield are facing unlawful harassment as a result. It's inexcusable.

Per the EEOC, "Title VII prohibits employment discrimination, including unlawful harassment, based on national origin — meaning discrimination due to a complainant's, or the complainant’s ancestors', place of origin. Harassment based on national origin includes ethnic epithets, derogatory comments about individuals of a particular nationality, and use of stereotypes about the complainant's national origin."

Here are 4 tips for all employers to proactively address these issues in your workplaces:

WIRTW #730: the 'permission v. foregiveness' edition

Recently, my 18-year-old daughter, now off at college, told us she was planning to get her nose pierced. Norah didn't just come home with it done; she let us know ahead of time before going through with it. She's an adult and we're not in a position to forbid it. Nevertheless, as parents we appreciated that she cares enough about us that she was upfront about her plans instead of surprising us with it when we see her in a couple of weeks.

This made me reflect on how, in the workplace, we often deal with the balance between asking for permission and forgiveness. My daughter's approach—ahead of time—parallels the best kind of employee-manager relationship. When employees feel comfortable sharing their plans, seeking input, and then moving forward, it fosters trust and mutual respect. Without trust and mutual respect, a workplace cannot function effectively.

Employers can learn from this. Encouraging open communication and a culture of transparency allows you to build stronger relationships with your team. Employees who seek guidance ahead of time are showing respect for their role and their leaders, just like my daughter did with her decision.

In the end, it's all about creating an environment in which asking for permission feels right, and when necessary and appropriate, offering forgiveness can help people learn and grow.

On this week's episode of The Norah and Dad Show Podcast, Norah shares all about the experience. It's available via Apple Podcasts, Spotify, Amazon Music, Overcast, the web, and everywhere else you get your podcasts. While you're there, hit the "subscribe" button to make sure you get each new episode automatically delivered to you as soon as it drops.

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Here's what I read this week that you should read, too.

This is what an illegal plan closure looks like, and the consequences an employer can face as a result

In December 2020, Quickway Transportation made the decision to close one of its distribution terminals after facing a union organizing drive led by Local 89 of the Teamsters Union. The drivers at the terminal, which served Kroger, had voted to unionize, prompting concerns from Quickway's leadership about potential strikes that could disrupt operations at the distribution center. Fearing financial losses from a possible strike, Quickway chose to terminate its contract with Kroger and ceased all operations at the terminal, laying off all drivers at that facility.

The 6th Circuit upheld the NLRB's finding that Quickway violated the NLRA when it closed its Kroger terminal because the closure was motivated by anti-union animus.

Location tracking of employee raises interesting legal issues

In an effort to dial back its current work-from-home culture, PricewaterhouseCoopers will start tracking where some of its employees work. It will start requiring its UK employees to spend a minimum of 3 days per week in the office and will use location data to manage their in-person attendance.

While there is nothing per se illegal about tracking employees in this manner, but I question whether it's a good HR practice. Indeed, there's quite the creep factor. How much will your employees mind Big Brother tracking all of their movements, and how will it impact morale?

And there still are some legal risks.

WIRTW #729: the 'mobile' edition

As cell phones have become ubiquitous among teenagers, their impact on student life is undeniable—and not always positive. Numerous studies have highlighted the risks and dangers of cell phone use by high school students:

📲 Mental Health: Research shows that excessive cell phone use is linked to increased anxiety, depression, and sleep disturbances among teens. A study by Common Sense Media found that 50% of teens feel addicted to their phones.

📲 Academic Performance: Studies have found that schools that ban mobile phones see an increase in student test scores, with low-achieving students benefiting the most.

📲 Cyberbullying: According to the Cyberbullying Research Center, 59% of U.S. teens have experienced cyberbullying, much of which occurs via mobile devices.

Given these concerns, it's no surprise that lawmakers are taking action. At least 14 states have enacted laws or regulations restricting cell phone use in schools. These regulations vary from complete bans during school hours to limiting use during specific times like class or exams.

Even though the evidence suggests that curbing cell phone use could lead to safer, healthier, and more academically focused environments for our students, I oppose outright cell phone bans in schools. These bans are a lazy solution to a complex issue.

While I believe that cell phones don't belong in the classroom, I also believe policies that outright bans phones do these kids a grave disservice. These devices are not going anywhere. Once our kids graduate from high school, they will enter college or the workplace with no guardrails on their tech access at all. Instead of taking phones away, we should be giving them the necessary tools to manage their use later in life. Regulate and limit during school hours, instruct on appropriate use, and discipline those kids who break the rules.

Schools should be educating our children on the responsible management of technology. Instead, these prohibitions abdicate that responsibility, kicking the can down the road for universities and employers to handle.

What are your thoughts on cell phone bans in high schools? Is it a step in the right direction, or are there better ways to manage the impact of technology on our youth? Head over to LinkedIn and answer my poll question to weigh in on this important issue.

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Here's what I read this week that you should read, too.

The 8th nominee for the Worst Employer of 2024 is … the dirty dog

If you name your business "Bark If You're Dirty," maybe you get the sexual harassment lawsuit you deserve.

The pet store just agreed to pay $340,000 to settle an EEOC lawsuit that the agency brought on behalf of class of female employees.

The allegations of repeated sexual harassment are for the dogs.

Meteorologist fired for 'sharing recovery journey publicly' raises issues of disability discrimination

"Thank you for going on this journey with me despite the yucky medical stuff I have going on. I'm happy to announce I am 9 months sober!"

That's what local television meteorologist and personality Hollie Strano wrote on her personal Instagram last month. Eleven days later, her employer, WKYC/Tegna, fired her. (The "yucky medical stuff" she referred to is ovarian cancer.)

"I believe the actions of WKYC and Tegna demonstrate the stigma surrounding addiction that so many in our community experience every day," Strano shared after her termination.

I believe this goes beyond stigma; it looks like disability discrimination.

WIRTW #728: the 'season 3' edition

This week marks a first in the three-year history of The Norah and Dad Show — the podcast I co-host alongside my 18-year-old daughter. It's the first episode we recorded in which we both weren't under the same roof.

I was in the study in our home, and Norah was in a study lounge in her college dorm. 

What started as a nice way for me to bond with my teenage daughter has now transformed into a recorded discussion of me keeping up with everything going in the life of my collegiate daughter. I am stoked that she wants to continue recording these shows, and we plan on doing so every two weeks.

You can listen to this week's episode on Apple Podcasts, Spotify, Amazon Music, Overcast, the web, and everywhere else you get your podcasts. And while you're there, hit the subscribe button to make sure you get new episodes delivered to you when they drop every other Tuesday.

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Here's what I read this week that you should read, too.

How many chances does an employee get under a "Last Chance Agreement"?

When is a Last Chance Agreement not a "last chance" agreement? When the 6th Circuit reviews it, apparently.

In Moore v. Coca Cola Bottling Co., the 6th Circuit held that an employee's last chance agreement, signed after the employee tested positive for marijuana, did not bar his subsequent discrimination lawsuit when terminated following yet another positive test.

The LCA stated, in relevant part, "Moore releases and forever discharges the Company … from any and all liability of any kind whatsoever, relating to his employment with the Company, arising prior to the date of this Agreement[.]"

The 80/20/30 Rule is official a zero

The Department of Labor's "80/20/30 Rule" for tipped employees is dead.

That Rule broke down the work of tipped employees into 3 different categories of work:

1. Tip-producing — Work that "provides service to customers for which tipped employees receive tips."

2. Directly supporting — Work "performed in preparation of or to otherwise assist tip-producing customer service work." Think rolling silverware, filling saltshakers, or cutting garnishes.

3. Not part of the tipped occupation — Work that is neither tip-producing nor directly supporting, such as cleaning bathrooms.

This is what allyship looks like

"Please know that there is a more than insignificant chance that a lesbian prepared your food last evening. A gay man might have mixed your drinks. A trans woman may have trained your server to give you such great service. A person who identifies with -- get this -- they/them pronouns may have sat you at your table."

That was just a part of the scathing comment the executive of The Original Vinnie's left on a customer's Google review, which used a gay slur to express his displeasure with the perceived sexual orientation of others in the restaurant during a recent visit.

The FTC's noncompete ban is DOA

It was only a matter of time before a federal court blocked the FTC's noncompete rule, which would have banned virtually all noncompete agreements on a federal level. The odds were high it would be a Texas federal court, and also high that it would be a nationwide injunction.

That's exactly what happened yesterday.

Judge Ada Brown of the U.S. District Court for the Northern District of Texas entered a nationwide injunction blocking the rule from taking effect a mere 15 days before its effective date.

WIRTW #727: the 'college' edition

Saying goodbye is never easy. It's that much more difficult when you leave your child.

Yesterday, we dropped our oldest off at college for the first time.

It's one of those moments that you know is coming but never really feels real until you're in the middle of it. And yesterday I was smack dab in the middle of it. As I gave Norah one final hug and watched her walk away with a mix of excitement and nerves, I felt my own a flood of emotions — joy, nostalgia, and yes, (more than) a little bit of heartache.

I also felt a lot of pride. Pride in the confident adult she has become. And pride in my wife and I for our success in completing one of our most central tasks as parents.

As Norah walked away from us last evening, we were all in tears. She FaceTimed me four hours later to let me know that she was happy and was going to be okay. So am I.

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Here's what I read this week that you should read, too.

The interactive process is a two-way street

The interactive process for disability reasonable accommodations is a two-way street, requiring participation from both the employer and the employee. If either party fails to participate or withdraws from the process, that party will likely lose in a subsequent ADA failure-to-accommodate lawsuit.

A recent case, Wilson v. Dept. of Mental Health & Addiction Services, decided by the 6th Circuit, serves as an example.

Don't weigh your female employees

Local restaurant owner Bobby George — famous for allegedly not hiring Black people, breaking Covid safety rules, and instituting a "Last Supper" boycott of the Olympics in his restaurants — has been charged with nine counts of rape, attempted murder, and kidnapping. The allegations are horrific, and if convicted he'll likely spend the rest of his life in prison.

In reading about his criminal case, something about how he allegedly runs his restaurants caught my attention. Allegedly, he weighs females as a condition of employment and won't hire any who don't fit his "look" — skinny and able to fit into an extra-small t-shirt.

Don't retaliate against unionizing employees

"You're fired!" That's what the Dallas Black Dance Theatre said to its entire company of dancers a mere months after they voted to unionize.

To make matters worse, the employer seemingly admitted its misconduct in a post on its official Instagram page: "It is a decision that DBDT does not take lightly, but one that is necessary to preserve our legacy of professionalism and excellence in dance. Unfortunately, we recently discovered that our dancers engaged in conduct that fails to align with DBDT's standard of performing at the highest level of artistic excellence and violates several of DBDT’s policies."

Discrimination for "religious nonconformity" IS religious discrimination

"Prayer is the exclusive way to prevent Covid infection."

That's what Brad Amos says his bosses at Ramsey Solutions told him after the pandemic started. The company expressly prohibited remote work, and actively discouraged, demeaned, and mocked anyone who believed in other preventative measures such as masks and social distancing.

Amos instead believed in the golden rule — that he should wear a mask and keep his distance as the best way to protect his co-workers and his family. Thus, while at work he kept his distance and kept wearing a mask.

Within four months, Ramsey fired Amos for a "lack of humility" and because he "was not a good fit" … which Amos alleged in his subsequent religious discrimination lawsuit was not-so-subtle code for his failure to submit to Ramsey's religion and religious practices.

WIRTW #726: the 'lobstah' edition

I've been to a dozen concerts this summer. With the exception of Alanis Morissette, each was norah marie. My summer of music comes to end on Sunday when Norah plays her final show before we drop her off at college 97 miles away.

She, and we, will be at Eleventhree Brewing from 3 - 6 pm. The weather is scheduled to be picture-perfect, and the Cousin's Maine Lobster Truck will be serving lobster rolls, lobster tacos, lobster grilled cheese, and lobster bisque. 

Live music + cold beer + lobster + sunshine = a perfect summer Sunday in my book.

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Here's what I read this week that you should read, too.

Don't 💩 where you 🍽️

There's nothing inherently illegal about a boss being in a romantic relationship with a subordinate. There's something very illegal, however, if the boss fires the subordinate after the relationship ends.
That's exactly what is alleged to happened in Nixon v. Kysela Pere Et Fils, Ltd.

The risks in treating inside salespeople as "exempt"

If you employ inside salespeople, you need to pay attention to Su v. Webb Co. 

This case examined whether Webb, a wholesale distributor of plumbing equipment and fixtures, misclassified its 350 inside sales reps under the FLSA as exempt administrative employees, and therefore owed them unpaid overtime.

WIRTW #725: the 'sandwich' edition

It's been a crazy month. We spent last weekend helping my parents unpack and organize their new apartment in the senior living community to which they just moved. In less than two week we move my daughter into college. Meanwhile, I'm also in the midst of taking and defending a dozen depositions in a contentious piece of litigation, while also managing my busy employment law and beer law practices.

I'm a card-carrying member of the sandwich generation.

The "sandwich generation" refers to individuals who are simultaneously caring for their aging parents while supporting their own children. We are "sandwiched" between the older and younger generations, often facing significant emotional, financial, and physical demands as we manage the dual responsibilities of caregiving and parenting. The term highlights the unique pressures and challenges we experience as we strive to balance family, personal, and work needs.

Employers, you have employees who join me in the sandwich generation. The question is what are you doing to support them? Here are five suggestions.

1. Flexible Work Schedules: Allow employees to adjust their work hours or work remotely to accommodate caregiving responsibilities.

2. Paid Family Leave: Offer paid leave for employees to care for sick or aging family members.

3. Employee Assistance Programs: Provide access to counseling, support groups, and resources for managing stress and caregiving challenges.

4. Caregiver Support Resources: Offer information and resources on eldercare services, childcare options, and caregiving best practices.

5. Work-Life Balance Initiatives: Promote a culture that values work-life balance and encourages employees to take time for themselves and their families.

By implementing these strategies, employers can help alleviate some of the pressures faced by employees in the sandwich generation, leading to improved job satisfaction, productivity, and overall well-being. It will also you from losing quality employees who will seek more supportive workplaces.

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Here's what I read this week that you should read, too.

Off-duty social media is just as actionable as sexual harassment as on-duty misconduct

"An employer cannot be liable for what an employee posts online while off-the-clock. Personal time is personal time; it's irrelevant to the workplace." That is an 100% incorrect statement of the law, according to the 9th Circuit Court of Appeals in Okonowsky v. Garland.

Linda Okonowsky worked as a staff psychologist in a federal prison. She discovered that a lieutenant with whom she worked operated an Instagram account followed by more than 100 prison employees, which contained overtly sexist (and racist, anti-Semitic, homophobic, and transphobic) content. It also contained offensive content about the workplace and horrible content that specifically targeted her, including one about the male staff "gang banging" her.

When she complained to the prison's safety manager, he told her that she needed to "toughen up" or "get a sense of humor." It took months of complaints and escalating social-media awfulness before the prison finally took action.

Bevisförstöring is not the name of an IKEA bookcase; it's Swedish for spoliation of evidence.

A federal judge recently ordered IKEA to pay $566,731.53 in attorneys' fees and costs as a part of sanctions for deleting employee emails in three consolidated class-action age-discrimination lawsuits.

Here's what happened. In April 2022, the court ordered IKEA to produce the email files of its chief human resources officer, global head of DEI, several store managers, and its recruitment manager. This production was to occur on a rolling basis and be completed by the end of 2023.

IKEA failed to produce a single email. In fact, it couldn't produce any emails because they had been deleted years earlier, after already being part of an earlier production order—a fact IKEA hid from the court and opposing counsel for months.

"DEI hire" is the new N-word.

After President Biden dropped out of the 2024 campaign and elevated his Vice President, Kamala Harris, as the presumptive Democratic nominee, supporters of Donald Trump started attacking her as a "DEI hire."

For example, during an interview with CNN’s Manu Raju, Republican Rep. Tim Burchett said this: "100 percent, she was a DEI hire." He's not only one pushing this narrative.

When one person calls another a "DEI hire," they mean they are unqualified, unskilled, and hired only because of their race. They say it because they cannot say publicly what they really want to say. 

What does Project 2025 mean for employers? Labor law edition

Today is the 3rd and final part of my series on what Project 2025 means for employers. Today, I examine its proposed impact on the National Labor Relations Act and union-management relations. (You can find parts 1 and 2 here.)

Project 2025 proposes the following seven key changes to the NLRA:

What does Project 2025 mean for employers? Wage and hour edition

In part 2 of my series on what Project 2025 means for employers and employment law, let's examine its proposed impact on wage and hour laws.

You'll find part 1, covering workplace discrimination laws, here.

Project 2025 proposes the following 5 key changes to the FLSA:

What does Project 2025 mean for employers? Discrimination edition

I promise this post is not political … but we do have to talk about Project 2025.

Project 2025 is an initiative organized by the Heritage Foundation aimed at preparing for a conservative presidential administration after the November election. Its goal is to promote conservative policies and ensure that the right personnel are in place to implement those policies from day one of the administration. Some call it a utopian dream, others (🙋‍♂️) an authoritarian dystopian nightmare.

Regardless of where you fall in this philosophical political debate, Project 2025 contains a lot of information of interest to employers — specifically, what changes they could expect to labor and employment laws in a second Trump administration.

WIRTW #724: the 'summer' edition

Our summer is sadly winding down. Vacation is over. I have one kid leaving for college in less than four weeks, and other starting his high-school sophomore year a week later. So, I'll be trying to spend as much time with my kids in the coming weeks as possible. This includes enjoying my daughter's final few gigs of a very busy music summer.

If you want to catch norah marie gigging before she heads off to college, these are your final five chances.

• July 20 @ 6:30 pm — Crocker Park
• July 25 @ 6 pm — 8th Day Brewing
• Aug 2 @ 6 pm — The Olde Wine Cellar
• Aug 3 @ 3 pm — Vibin' in the Vines Festival
• Aug 11 @ 3 pm — Eleventhree Brewing

All events are free. And, if you happen to know of a brewery, winery, coffee shop, or other venue in central Ohio booking live music, please let me know. 

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Here's what I read and heard that you should, too.

"Do as I say, not as I do" — HR leader fired for harassment loses discrimination lawsuit

A female HR supervisor attends an out-of-town leadership retreat with some co-workers. They observe her at the hotel bar telling off-color jokes, directing repeated profanity at employees who refused to drink alcohol, and toasting a slur for the female anatomy.

Several complain to her boss about the inappropriate behavior. The company investigates and ultimately fires her for violating its harassment policy.

The HR supervisor then sues for sex discrimination, claiming that the company did not fire a male employee who engaged in similar misconduct. Specifically, she claims that he had once asked her "if the carpet matched the drapes" (which she advised the company during its investigation).

Discrimination liability for "agents" extends to AI vendors, says federal court

Can an HR software vendor be held liable for the alleged discriminatory hiring decisions of its customers? According to one federal court, the answer is yes.

Derek Mobley — a Black man over the age of 40 who suffers from anxiety and depression — alleges that he applied for 80-100 positions since 2018 that use Workday as a screening tool … and has been rejected every single time despite his qualifications.

Mobley claims that Workday's artificial intelligence unlawfully favors applicants outside of protected classes through its reliance on algorithms and inputs influenced by conscious and unconscious biases.

Last week, the federal judge hearing Mobley's claim rejected Workday's efforts to dismiss the lawsuit on the basis that it was not Mobley's "employer" and thus the workplace anti-discrimination laws do not cover its actions in this context.

Refusing to participate in mandatory training isn't "protected activity," it's insubordination

"I am not taking this training because it's a joke … making non-white colleagues all victims and turning white colleagues … into villains."

That's what Charles Vavra wrote in an email to the HR Director of Honeywell International, his now former employer, after she had reminded him of the company's requirement that he complete its unconscious bias training.

Over the next few weeks, the HR Director and other company officers tried to convince Vavra to complete the training. Vavra's response? "Whatever the consequences … I will accept." The consequences were Vavra's termination.

Vavra had a strange way of showing his acceptance of those consequences. He sued Honeywell for retaliation, claiming that his opposition to mandatory DEI training constituted protected activity under Title VII.

WIRTW #723: the 'A Portuguesa' edition

I love to travel for two primary reasons: to see things and to experience things.

On my vacation to São Miguel in the Azores Islands, I saw lots of amazing things — beautiful coastal viewpoints, crater lakes from both their rims and from inside, bubbling volcanic baths, dolphins, whales, waterfalls, cows (so many cows), and lush green landscapes.

But one experience will stick with me as the standout memory of this vacation.

Portugal was playing France in the quarterfinals of the Euros. Since we a) are a soccer-loving family; and b) were in Portugal, we couldn’t pass up the opportunity to watch the game with the locals.

We gathered in the Campo de São Francisco in the capital city of Ponta Delgada, where the local government had set up a large viewing screen. More than a thousand football crazy Azoreans joined us. It was special.

The crowd rose and fell with the highs and lows of what ended up being a 0-0 draw that went to penalties. While the match didn’t end how we wanted, the experience will live with me forever.

Here's a quick snippet of the crowd singing the Portuguese national anthem, A Portuguesa, pre-match.

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Here's what I read this week that you should read, too.

What is "implicit bias" and how to combat it in your business

Dwight Jackson, a Black man, claims that the Shinola Hotel denied him a job interview because of his race. He knows this, he says, because he reapplied for the same job at the same hotel with the same resume ... with one key difference. He changed his name to John Jebrowski. While the hotel didn't offer Jackson an interview, it did offer one to Jebrowski. That, Jackson says in his recently filed lawsuit, is race discrimination.

Inherent bias refers to the attitudes or stereotypes that unconsciously affect our understanding, actions, and decisions. These biases can silently influence hiring decisions, leading to discrimination based on characteristics such as race. Name bias is one example of how inherent biases manifest themselves.

WIRTW #722: the 'Até logo' edition

I'll be back with a fresh spirit and fresh content on July 10. This lawyer is officially on vacation.

Here's what I read this week that you should read, too.

This is why you train your management on how to respond to workplace harassment

During Joyce Morgan's employment at Convenient Food Mar, her co-worker, Todd Wise, subjected her to sustained and prolonged sexual harassment. Morgan complained to both her shift leader and the store manager. When they did nothing, she then complained to the store manager's supervisor. Despite her repeated complaints about Wise and the harassment to which he subjected her and others, no one at the company ever did anything. She ultimately resigned and sued.

Following a jury trial and a verdict in her favor, Morgan won a $221,688.56, which included compensatory damages, punitive damages, and attorneys' fees.

Temporary impairments as ADA disabilities

Does recovery following surgery qualify as a "disability" under the ADA? Well, it depends.

Consider, for example, the recent court of appeals decision in Long v. KeltanBW. Long worked as a floating teacher in a daycare center owned and operated by KeltanBW. Less than one month after starting her job, Long took time off for liposuction surgery. Upon her return to work eight weeks later, the employer assigned her to the preschool rooms to accommodate her temporary post-surgery lifting restrictions. Within a couple of months, however, KeltanBW fired her for poor attendance. 

Long sued, claiming disability discrimination.

Which of the Ten Commandments allows for a reasonable accommodation?

"What do you say to teachers who don't share your religious views?"

 "Don't look at it."

That was the exchange between CNN's Boris Sanchez and Louisiana State Representative Lauren Ventrella, co-author of that state's new law which mandates the display of the Ten Commandments in every public-school classroom.

First Amendment issues aside (and there are BIG First Amendment issues here), what happens when teacher of a faith that doesn't believe in the Ten Commandments or who is an atheist objects to the display in their classroom and asks for a reasonable accommodation under Title VII?

WIRTW #721: the 'Left of Boom' edition

Being as active as I am on social media has allowed me to amass some pretty cool friends over the years. I recently had the chance to sit down with two of them virtually, Phil Wilson and Mike VanDervort, on their The Left of Boom Show. We discussed all things going on in the world of labor relations, including Starbucks, 10(j) injunctions and the Supreme Court, the future (or lack thereof) of Chevron deference, and Anchor Brewing.

You can watch or listen here, and also via Apple Podcasts, Spotify, or wherever else you get your podcasts.

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Here's what I read this past week that you should read, too.

Long live Anchor Brewing! We'll have to wait and see about its labor union. ⚓ 🍻

News broke earlier this month that Hamdi Ulukaya, the billionaire founder of Chobani yogurt, purchased the assets of Anchor Brewing after its former owner, international beer conglomerate Sapporo, had unexpectedly shuttered the brewery nearly a year ago. Anchor was one of the country's few unionized craft breweries. Ulukaya has said that he would hire back as many former employees as possible but didn't know whether the union would be part of his new operations. If he hires enough of the former employees, however, he may not have a choice on the union. That issue will depend on whether Ulukaya's Anchor Brewing is a "successor" of Sapporo's Anchor Brewing.

Call me … maybe? 6th Circuit saves FMLA claim of employee who failed to follow employer's call-in rules.

Latrice Crispell, a 23-year employee of FCA working as a floater on its truck assembly line, suffered from major depression and anxiety, which qualified her for intermittent leave under the FMLA. FCA had a strict 30-minute call-in rule, requiring employees to notify their supervisors of any absence at least 30 minutes before their shift, or later with a statement explaining the missed call-in.

Crispell struggled to comply with that rule during severe flare-ups of her condition, which she argued made it impossible for her to call in on time and made her absent or late 15 times during the final three months of her employment. Despite submitting explanations and a doctor's note about how her illness made it impossible for her to comply with the 30-minute rule during flare-ups, FCA disciplined and ultimately terminated her.

Despite the employee failing to meet FCA's call-in requirements for her intermittent leave, the 6th Circuit reversed the trial court's grant of summary judgment to the employer. 

It was the best of opinions; it was the worst of opinions…

Today, the EEOC's regulations interpreting the Pregnant Workers Fairness Act go into effect. Thanks to two very recent federal court opinions from two different federal courts, however, it remains an open issue as to whether the EEOC can enforce those parts of its regulations that require employers to reasonably accommodate employees' elective abortions not necessary to treat a medical condition related to pregnancy.

The 7th nominee for the Worst Employer of 2024 is … the murder threatener

"I'm going to kill you."
"You're a dead man."

That's what Mario and Jaime Lopez, two of the owners and managers of Bianco Rosso, (allegedly) told one of their restaurant's former employees when confronting him at his new job. The issue that made them so mad? A Department of Labor investigation into management stealing from the tip pool.

According to a recently filed DOL lawsuit, Bianco Rosso and its three owners, Cristina Ramirez and the Lopezes, engaged in unlawful retaliation against employees who participated in the DOL's investigation.

Just because you only use the n-word on your personal TikTok doesn't mean your employer can't fire you for it.

Until yesterday, I had never heard of a "trad-wife" or of Lilly Gaddis.

A trad-wife is a burgeoning trend of women embracing traditional gender roles and lifestyles of the 1950s. Gaddis is an adherent of the lifestyle and promoter of its beliefs on social media.

In a viral TikTok video, Gaddis (white) used the n-word to describe her friends' husbands. Her employer quickly fired her and released a statement about her termination and upholding its values of diversity, inclusivity, respect, and equality.

As seen on Reddit: payment for training time

As seen on the legaladvice subreddit:

"My company just told us about a new policy where any meeting or training that is held over the lunch hour where food will be provided is unpaid. Some of these lunch meetings are optional trainings, but some are mandatory department meetings. Is it legal for the company to deny pay for time spent at these meetings just because lunch is provided?"

Answer: It is not legal, and the time employees spend during those lunch meetings must be paid.

An update on one of 2023's Worst Employers

Q: What do you win for coming in 6th place in 2023's Worst Employer contest?

A: 20 years in federal prison.

That's what Stavros Papantoniadis, the owner of Stash’s Pizza, is potentially facing after a jury convicted him on three counts of forced labor and three counts of attempted forced labor.

A ruff reasonable accommodation claim

Samantha Howard worked as a pharmacist for Boswell Regional Health Center. She suffers from Type I diabetes along with hypoglycemic unawareness, which prevents her from knowing when her blood sugar dangerously drops. To help manager her blood sugar, she requested a diabetic-alert service dog as a reasonable accommodation. The employer, however, denied the request because of hygiene concerns and risk of contamination to sterile work areas.

The 8th Cir. Court of Appeals heldheld that the employer had lawfully denied Howard's accommodation request for two key reasons: (1) she had performed her essential job functions for more than a year, and therefore the accommodation was not necessary; and (2) the employer had valid and legitimate concerns about contamination and risks to the sterility of the work environment.

WIRTW #720: the 'Azores' edition

Last summer, my family and I fell in love hard with Portugal. So, this summer we are going back, sort of.

In a little over three weeks we leave for the Azores, an autonomous region of Portugal. It's a subtropical archipelago of nine islands known as the "Hawaii of the Atlantic." 

We'll be on São Miguel, the largest of the islands, choosing to explore that one island in depth over the span of 8 days instead of hopping between islands and only getting a smaller taste of several. It's renowned for its stunning landscapes, which include green hills, crater lakes, and ocean-side miradouros (viewpoints), volcanic hot springs, black-sand beaches, marine life, and cows. (In fact, there are twice as many cows on the island than people.)

For any of you who've been to São Miguel, what are your must-sees and must-dos? What are your favorite hikes? What off-the-beaten-path sights are worth our time? Which tours do you recommend? How about some A+ restaurant recommendations?

Thanks in advance for playing tour guide for me. I'll reward you with pictures and stories after my return.

Here's what I read this week that you should read, too.

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Why we fought.

Some numbers to consider on June 6, 2024, the 80th anniversary of D-Day:

75 million: the number of people who died during WWII.

420,000: the number of American casualties during WWII.

5,000: the number of American soldiers wounded on D-Day.

2,501: the number of American soldiers who died on D-Day.

151: the number of days until Election Day. 

Remember those who fought and died on that beach in Normandy, France, when you vote on November 5, 2024. Some of us envision an America more closely aligned with the values we fought against from 1941 – 1945 than those we fought to save.

Please don't forget the "human" in human resources

"How about just being a human being in a situation like this!"

"Find a way to help her, be a human being!"
"Can we please prioritize the human aspect of the workplace?"
"Gee, imagine if they'd been just a tiny bit empathetic."
"C'mon, be a mensch."

Those were just a few of the LinkedIn comments to this week's post about the employee denied a reasonable accommodation upon her return to work from cancer surgery.

Context, not "magic words," is what matters in judging reasonable accommodation requests, 6th Circuit says

"I'm struggling and need some time to get back to normal. Working 53 hours my first week back is hard for me physically."

That's what Mary Ellen Yannick, a bakery department manager at Kroger's, told Marli Schnepp, her store manager, within a week of Yannick's return from a four-month leave of absence following breast-cancer surgery.

In response, and instead of discussing with Yannick a reasonable accommodation, Schnepp told her that "business was business." If she couldn't hack it, Schnepp told her, she'd have to step down. That's exactly what Yannick did, transferring to a lesser position at another store. She also sued.