5 steps for an employer to win an off-the-clock overtime claim

Jerry Merritt, an agency manager for the Texas Farm Bureau, claimed 816 hours of unpaid overtime. Even assuming he had been misclassified as an independent contractor, he still lost.

Here's why.

Bribery scandals don't start with bad employees; they start with bad culture

When a bribery scandal hits a company, the corporate response is almost always the same: These were bad employees acting on their own.

Maybe. But usually not.

Consider the current mess involving Southern Glazer's Wine & Spirits, the largest alcohol distributor in the United States. 

WIRTW #792: the 'CBC' edition

Happy staff brew better beer.

It's obvious when you think about it.

A team that feels respected, valued, and heard shows up differently. They care more. They collaborate better. They solve problems faster. And yes—the beer, the taproom experience, and the business all benefit.

Yet for an industry built on passion, craft, and community, too many breweries still struggle with workplace culture.

Long hours. Thin margins. High stress. High turnover.

It's easy to focus all your energy on recipes, distribution, and survival while overlooking the single most important ingredient in your brewery: your people.

And when that happens, the consequences show up fast—burnout, disengagement, toxic dynamics, and constant turnover.

Replacing an employee isn’t cheap. Depending on the role, it can cost up to 50% of that employee's annual salary to recruit, hire, and train someone new. In breweries—where production and taproom roles already see high turnover—that cost adds up quickly.

But here's the good news: building a great workplace culture doesn't require a massive budget or a full-time HR department.

It requires intention.

That’s exactly what I'll be talking about at the Craft Brewers Conference this April in Philly.

Happy Staff, Better Craft: Brewing a Better Workplace
📅 Wednesday, April 22
⏰ 10:15–11:15 AM
📍 Room 201-AB

In this session, we'll dig into the connection between employee engagement and brewery success—and why culture isn't just a feel-good concept, but a real business strategy.

We’ll talk about:

• Why happy employees make better beer (and better customer experiences)
• How better communication can prevent most workplace conflicts before they start
• Simple, low-cost ways to recognize and reward your team
• How to design brewing and taproom jobs people actually want to stay in
• What leadership looks like when you lead like a worker instead of a boss

My goal isn't theory. It's practical tools.

The brewing industry is full of passionate people who love what they do. But passion alone isn't a workplace strategy. If breweries want to thrive long term, they have to invest in the people who make the beer, pour the pints, and represent the brand every day.

Great breweries don't just brew great beer.

They build great workplaces.

If you're heading to CBC this year, come join me. I'd love to see you there—and talk about how happier teams can help build stronger breweries.

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

A dollar saved, a tip credit destroyed

Sometimes a case turns on complex legal questions or convoluted fact patterns. Other times it turns on something far simpler—like a single dollar.

 
In Dugan v. Reservoir Restaurant Inc., a $1 deduction just cost a restaurant its entire tip credit. A federal court handed the plaintiffs (a class of servers) a summary judgment win because their employer deducted $1 per shift from their tips to cover items like silverware, pens, and similar supplies.

Here's the setup. The restaurant paid its servers the tipped minimum wage of $2.13 per hour, relying on the FLSA's tip credit to bridge the gap to the $7.25 federal minimum wage. But every shift, the restaurant also took $1 directly from the servers' tips to reimburse the business for operating supplies.

That's where things went sideways.

There are no “quick favors” in wage-and-hour law

"Can you just help with this for a minute?"

That's how off-the-clock cases start.

Not with an intent to steal wages, but with an innocent call for help.

In Arnold v. Marriott, a hotel employee alleges that during busy holiday seasons he and others were directed to help with conference and event setups while not clocked in — including during lunch. Supervisors allegedly observed pre-shift work and didn't ensure it was recorded. On one occasion, when he asked whether he'd be paid for responding to work texts during lunch, he was told yes — but claims he wasn't. He also alleges he raised concerns with management and nothing changed.

Litigation is a strategy, not a reflex

When an employee walks out the door holding your company's stuff hostage, you have two problems: (1) your property, and (2) the story you're creating for the inevitable lawsuit.

Rezene v. Haribo is a case study in how fast this can go sideways. The employee allegedly kept a company Mercedes, phone, laptop, and other items while severance talks dragged on. The employer's lawyers got involved to retrieve the property. After multiple written demands, they contacted police. Officers showed up at the employee's home. Cue the next act: claims for defamation, emotional distress, discrimination, and retalation.

Years of federal litigation followed. Haribo ultimately won. Some claims died on summary judgment. The rest died at trial. But that's not the point.

The EEOC can't repeal Bostock, but it's sure trying

The EEOC just voted 2–1 to hold that federal agencies may restrict bathrooms and other "intimate spaces" based on biological sex — and may exclude transgender employees from facilities consistent with their gender identity.

"Biology is not bigotry," says EEOC Chair Andrea Lucas.

Except according to the Supreme Court, it very much is.

WIRTW #791: the 'awkward' edition

Have you ever seen a celebrity—someone whose work you genuinely love—and completely blown your shot at being normal?

Yeah. Same. It just happened to me.

My daughter and I were on our way to the House of Blues to see Descendents, Frank Turner & The Sleeping Souls, and Nobro. Here's a little secret: Frank Turner is low-key in my top three musicians at this moment in my life.

We parked the car and walked across East Fourth Street toward the venue for a pre-show dinner.

Then I glanced left.

And there he was. Frank Turner himself. Walking down the other side of the street like a regular human being, probably thinking about dinner. Maybe Valentine's Day. Maybe his performance in a few hours. Definitely not thinking about me.

My brain had about half a second to process all of this before my mouth took over.

"WOOO, FRANK TURNER!!!"

Not conversational. Not cool. Not subtle.

Full-volume sidewalk scream.

People stopped. Heads turned. I'm fairly certain a nearby couple thought I was alerting them to an emergency.

Frank's response? Barely a quarter nod. Not a smile. Not a wave. A fractional acknowledgment suggesting, "Yes, I hear you, loud fan," before continuing on his way.

Undeterred—because apparently I hadn't embarrassed myself and my daughter enough—I yelled after him, "We'll see you inside, Frank!"

Friends, he did not turn around.

In my head, this moment was supposed to unfold differently. He laughs. We chat. We discover mutual interests. We exchange numbers. We become besties. I casually mention him in conversation. "Oh yeah, Frank and I were texting…"

Instead, I yelled a man's name across a downtown street while he was out on a Valentine's Day pre-show stroll with his girlfriend.

Jon, not cool. But a story to tell, nonetheless.

To hear the rest of the story about our entire concert experience, check out this week's episode of The Norah and Dad Show, available on Apple Podcasts, Spotify, YouTube, Overcast, Amazon Music, in your browser, and everywhere else you get your podcasts.

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

A lesson on retaliation from the State of the Union

A lawmaker sits silently during a high-profile speech. He holds up a simple sign protesting a racially offensive depiction of a former president by the current president. No shouting. No profanity. Just a message: this is wrong.

Within minutes, he's escorted out.

Now take off the Capitol dome and put that scene in your workplace.

Culture is what you tolerate

We tell ourselves a comforting lie about bad behavior around sports.

It's just passion.
Just rivalry.
Just trash talk.

Until it's racism.
Until it's misogyny.
Until it's culture.

Two recent soccer incidents make this point.

A wiener of a lawsuit

A bun propped itself atop the deli counter and declared itself lunch. It was golden. Perfectly split. Structurally sound. "Look at my form," it said. "I'm ready to be served." But there was no hot dog inside. All bun, no meat.

That's Mendoza v. Dietz & Watson.

Adela Mendoza, a production employee, sued after her termination, alleging sexual-orientation discrimination, retaliation, and hostile work environment. Dietz fired her for insubordination after she failed to follow a directive to move to a different production line when hers went down. She admitted she knew the rule: insubordination could mean discharge.

The employer's legitimate, nondiscriminatory reason doesn't have to be fancy. It just has to exist and be supported by the record. Here, it had weight. It had snap.

WIRTW #790: the 'protest' edition

Rock 'n' roll has a long history of protest music.

From Woody Guthrie's Tear the Fascists Down to Rage Against the Machine's Killing in the Name, musicians have been poking power in the eye for decades. It's loud. It's uncomfortable. That's the point.

Right now, the amps are pointed squarely at ICE.

Springsteen has drawn headlines. U2 just added its voice. When global superstars wade into immigration enforcement, reaction is guaranteed.

But if you want to understand the emotional core of this moment, don't start with the arena tours.

Start with Billy Bragg's City of Heroes.

This isn't subtle. It's not abstract.

It's a song about complicity.

Bragg opens with the ghost of Martin Niemöller—the pastor whose post-WWII confession about silence in the face of Nazi persecution still echoes.

"When they came for the communists..."
"When they came for the Democrats..."
"When they came for Jews..."

The point is familiar: silence feels safe—until it isn't.

Bragg brings that warning into the present tense, asking: What excuses would you tell yourself if this ever happened to you?

That's not policy debate. That's conscience.

Then it turns personal.

The refrain isn't passive. It's not "I posted." It's not "I tweeted."

It's: "I got in their face."

When they came for immigrants…
For refugees…
For five-year-olds…
To my neighborhood…
When they dragged people from their cars…
Took families from their homes…
Murdered our sister…
Murdered our brother…

…I got in their face.

Bragg ends with a vow: to bear witness to terror, to tyranny, to murder, to fascism.

This isn't about policy. It's about refusing to look away.

I created a playlist of protest songs. Some were written in the shadow of fascism in Europe. Some were born in the civil rights era. Some were recorded in the last news cycle.

Different decades. Different villains. Same instinct.

When artists believe government has crossed a line, they write. They record. They dare you to listen. And to do something.

You don't have to agree with every lyric. You don't have to like the politics. You may think some of it is overwrought.

That's fine.

But protest music tells you something about the cultural moment—what people fear, what they value, what they think is at stake.

What’s missing from my protest pantheon? Drop me an email and tell me what else belongs on the playlist.

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

If you’re going to buy the hype, at least read the fine print

For years, BrewDog invited fans to become "Equity Punks." Not just customers. Owners. Across seven crowdfunding rounds, roughly 220,000 investors poured in about £75 million (that's more than $100 million).

Now, as BrewDog explores a sale or break-up, many Punks may be staring at a zero return, and they are not happy about it.

"Well at least I got £2.34 off an order once. Not a bad return for £500," wrote one online. Another told the BBC, "I invested £12,000 in BrewDog - I think I've lost it all."

Not because the rules changed. But because the rules were always there.

Your ChatGPT history as a hiring test? That's a hard no.

"Take out your phone and open your ChatGPT app. Type this prompt: 'Based on my past conversations, analyze my behavioral tendencies.'"

In a Reddit post that has gone viral, that's what someone claims just happened to them during a job interview.

If that interview scenario is real, the issues aren't just ethical. They're also potentially legal.

The 2nd nominee for The Worst Employer of 2026 is … The (Not) Joking CEO

At a company keynote in Las Vegas, Salesforce CEO Marc Benioff invited the international employees to stand. He then joked that ICE agents were in the back of the room, ready to deport them. He doubled down with more immigration-enforcement punchlines. The crowd responded with faint boos. Slack lit up with employees calling the comments "deeply horrifying" and "not funny." 

Here's the part that makes this more than just a bad attempt at humor: this comes on the heels of multiple fatal shootings involving federal immigration agents, increased enforcement that ignores people's civil rights, and other acts of violence. People are dead. Families are grieving. And a billionaire CEO thought it was a good idea to riff on deportation for laughs.

Read the room.

Pro tip from pop culture: Don't fire your employees while they are in the ER

"If you fire her, she will sue you and I will testify."

That's not a plaintiff's lawyer talking. That's Dr. Robby, the chief of emergency medicine on The Pitt, grabbing a patient's phone and putting her boss on notice while she's being treated for what looks like SIRS—a systemic inflammatory response that's threatening her leg and possibly her life.

Debbie Cohen is in the ER. Her rash is spreading. Three senior physicians are at her bedside. And her biggest fear is missing work.

Her boss keeps calling, accusing her of exaggerating, dangling termination if she doesn't show up. At one point she pleads, "Please! Please don't fire me!"

WIRTW #789: the 'while my guitar gently weeps' edition

Fifty-three today.

That's either mid-50s or early-50s depending on how generous you're feeling. I'm choosing the latter.

Staying young has less to do with age and more to do with intention. You don't stumble into it. You choose it. It's a mindset, not a calendar.

For me, that means leaning hard into the stuff that makes life feel big.

Family first. Always. My family and I are soon heading to London soon to tour universities with my son as he chases a future studying sports and football management. My wife and I keep stacking travel plans instead of excuses. There is never not a good reason to travel, and this happens to be a really good one.

It also means restarting the daily exercise habit. Again. Because nothing says "53" like making noises when you stand up. Movement is the antidote. So I'm trying to move more every day.

And concerts. Loud ones.

Next up: a Valentine’s Day date with my daughter. Descendents and Frank Turner & the Sleeping Souls at the House of Blues. We'll be in the pit. Look for us if you're there, too. As a concession to my age—and my hearing—I invested in a good set of ear plugs for the first time. Growth comes in many forms.

Staying young is saying yes to the pit. Ask me Sunday if it was a wise choice. I’m hoping for sore legs, ringing ears (muted responsibly), and zero regrets.

On this week's episode of the Norah and Dad Show, we talk through our expectations for this show, as well as the importance of wearing sensible shoes to a rock show. We also mourn the untimely passing of Norah's beloved Martin acoustic guitar, Eleanor. Listen to this week's episode of The Norah and Dad Show, available on Apple Podcasts, Spotify, YouTube, Overcast, Amazon Music, in your browser, and everywhere else you get your podcasts.

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

Beware the legal risks of AI meeting agents

AI meeting agents are everywhere. They join Zoom calls, transcribe conversations, summarize action items, and promise to save employees hours of note-taking. From a business perspective, the upside is obvious: better documentation, fewer "I don't remember saying that" disputes, and cleaner follow-up.

But like most shiny tech, AI meeting agents come with real employment law and litigation risk—especially if you don't think through how (and when) you use them.

Workplace investigations are hard. Until they’re not.

Workplace investigations are hard.

Witnesses forget. Memories conflict. Motives get murky. HR is left piecing together timelines, credibility, and intent from incomplete information, while everyone involved insists they did nothing wrong.

And then there are the easy ones.

Take the paramedic who now faces nearly two dozen criminal charges for allegedly urinating all over his workplace — on a supervisor's keyboard, into communal coffee creamer, an ice machine, orange juice, hand soap, ChapStick, canned vegetables, an air-conditioner vent, even a pot of chili. According to prosecutors, he didn't just do it. He filmed himself doing it. In uniform. Then allegedly posted the videos online to sell.

Federal court provides road map for lawful DEI programs

I keep getting asked how employers can legally maintain DEI programs in today's political climate. A federal judge just answered that question in a lawsuit the Missouri Attorney General brought against Starbucks—and in dismissing it, handed corporate America a roadmap.

The AG argued Starbucks' DEI policies were illegal because they "favored" BIPOC, women, and LGBTQ+ employees through mentorship, affinity groups, partnerships, and "quotas" tied to executive pay.

The court held that allegations without facts are just theories—and theories don't establish jurisdiction or liability.