11 best practices to prevent off-the-clock wage claims

Target recently agreed to pay $4.6 million to settle a class action by warehouse employees claiming they weren't paid for all their work time.

The hourly employees said they had to:
➛ Badge into the building
➛ Walk long distances to their workstations to clock in, and
➛ Go through mandatory security screenings after clocking out.

Target didn't pay those hourly employees for any of that time. Those few minutes each workday added up to millions of dollars.

3.65 million reminders that "do nothing" is the costliest workplace compliance strategy of all.

A federal-court jury just hit a pair of New York hotels (and their owners) with a $1.65 million compensatory and $2 million punitive damages verdict after a female assistant manager alleged residents sexually harassed her daily and management did nothing to stop it.

The facts are brutal — constant sexual comments, physical assaults, even being knocked unconscious by a thrown table. Her male counterpart didn't face the same abuse. Even worse, her bosses ignored or laughed off every complaint that she made. When she asked for a transfer, management said "no openings." Turns out, that wasn't true. She quit in fear for her safety. Then she sued.

The jury believed her. And they made sure the company and its leaders felt it.

This is why DEI gets demonized

Wells Fargo is reportedly settling a class-action lawsuit alleging it held phony job interviews to make its diversity, equity, and inclusion initiatives look better than they really were.

According to the complaint, Wells mandated that for all jobs paying at least $100,000, half the candidates interviewed had to come from diverse backgrounds — women, people of color, veterans, LGBTQ+ individuals, people with disabilities.

But the plaintiffs said those interviews were often shams, conducted after another candidate had already been selected.

WIRTW #778: the 'a$$hole' edition

On this week's episode of The Norah and Dad Show, Norah and I play a few rounds of "Am I the A--hole" — inspired by my purge of our garage that resulted in all Norah's unused pet-fish gear ending up in a dumpster. (And, yes, we both agree that in this story, I am, in fact, the a--hole). We then dive into some recent, and ghastlier, stories from the AITA subreddit. 

We also discuss the fairness (or lack thereof) of exams, get an update on Norah's sorority pledging, and run down our visit to see Grandmom and Grandpop in Philly over fall break.

You will find the full episode on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, on our website, or through your favorite podcast app. And if you enjoy it, please like, review, and subscribe—it really helps us grow!

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

Correcting the press: unpaid leave after the FMLA expires

Let's play one of my favorite games: correct the press.
The Issue: unpaid leave as a reasonable accommodation under the ADA.

Cliff Kaplan, 65, worked for a beverage distributor at Beechwood Sales & Service for 16 years. Then came a diagnosis of stage-four esophageal cancer. He took unpaid medical leave under the FMLA while he underwent chemotherapy.

Twelve weeks later his manager called. His FMLA had just expired, and the company needed him back immediately. When Cliff said he wasn't physically able to return, they fired him. No severance, no discussion, no attempt to work it out. Just a letter ending a 16-year career.

A noose, a workplace, and a court that finally got it right

Imagine this. It's your employee's second day on the job. He climb into the cab of truck you've assigned him assigned to operate, and hanging from the rearview mirror is a noose.

That's what happened to Jhalil Croley, a Black heavy-equipment operator working for Frank Road Recycling. He was understandably terrified and reported the incident. He was later fired.

The trial court looked at those facts and somehow decided, as a matter of law, that a noose in your vehicle doesn't create a hostile work environment.

Thankfully, an Ohio appellate court had the legal sense (and humanity) to fix that mistake. It reversed summary judgment and correctly held that even a single incident of a noose directed at a Black employee can be severe enough to create a hostile work environment.

The EEOC is abdicating its responsibility to transgender workers; employers shouldn’t follow suit

Let's talk about the Equal Employment Opportunity Commission — the federal agency charged with enforcing our nation's bedrock employment discrimination laws — which seems more interested in walking away from its duty than leaning into it.

Two recent lawsuits raise serious red flags about how the agency is functioning, or, more accurately, is not functioning.