WIRTW #748: the 'tracking' edition

"I have nothing to do with Project 2025. That's out there. I haven't read it. I don't want to read it, purposely. I'm not going to read it. This was a group of people that got together, they came up with some ideas. I guess some good, some bad. But it makes no difference."
— Donald J. Trump, 9/10/24, Presidential Debate

"They've been told officially, legally, in every way, that we have nothing to do with Project 25."
— Donald J. Trump, 8/22/24, Arizona-Mexico border

Liar, liar, pants on fire!

Take a look at the Project 2025 Tracker and tell me: Given the striking alignment between Trump's Executive Orders and the 900-page policy playbook he repeatedly disavowed during the campaign, is he governing straight from that right-wing, authoritarian, Christian Nationalist manifesto?

Because it sure looks like it.

Or, to borrow from another Trump favorite: "Believe me."

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

EEOC's policy shift to "protect American workers" is all about punishing non-Americans

If you hire non-Americans, the EEOC is coming after your business.

In a press release, Acting Chair Andrea Lucas says the following: 

"The EEOC is putting employers and other covered entities on notice: if you are part of the pipeline contributing to our immigration crisis or abusing our legal immigration system via illegal preferences against American workers, you must stop.… Many employers have policies and practices preferring illegal aliens, migrant workers, and visa holders or other legal immigrants over American workers—in direct violation of federal employment law prohibiting national origin discrimination."

Lucas's statement—while technically correct under Title VII—creates more problems than it solves. 

A tale of two approaches to noncompete agreements

Big news on noncompetes—from two very different directions.

First, the NLRB just quietly backed off its aggressive stance that most noncompetes violate federal labor law. The agency's Acting General Counsel rescinded 2023's memo that took that position, signaling a retreat from treating noncompetes as an unfair labor practice.

Meanwhile, Ohio lawmakers are headed in the opposite direction. Last month, they introduced SB 11, a bipartisan bill that would ban nearly all noncompetes in the state. If it passes, it'll be a game-changer, giving employees much more freedom to jump to competitors.

EEOC moves to dismiss transgender-discrimination lawsuits

"EEOC seeks to drop race discrimination cases brought on behalf of Black workers, citing Trump's executive order."

This is not a real headline.

But this is: "EEOC seeks to drop transgender discrimination cases, citing Trump's executive order."

What makes an accommodation "reasonable"?

Let's talk about Nguyen v. Bessent and the IRS's year-long effort to accommodate an employee with medical limitations.

Thuy-Ai Nguyen, an IT specialist at the IRS, requested multiple accommodations related to her severe depression, anxiety, and cognitive impairment. Her requests? A transfer to a different division, formal training, a part-time schedule, and the ability to work from home or transfer to a location with a shorter commute.

The IRS partially granted her requests: It offered her a new assignment with different immediate supervisors, on-the-job training, and a six-month part-time schedule. But it denied her telework request, arguing that in-person training was necessary. They also searched for positions closer to her home but found no vacancies.

Nguyen rejected the offer, arguing it wasn't a "reasonable" accommodation because her higher-level manager remained the same and she still had to commute to the same location.

The court disagreed.

WIRTW #747: the 'tariffs' edition

The Trump administration just announced new tariffs on aluminum and steel. That might not sound like a big deal to most, but for small businesses—including my beloved craft breweries—25% is a gut punch.

The craft beer industry is already struggling post-Covid. Breweries took on debt to survive the shutdowns, taproom traffic isn't what it used to be as many consumers shy away from alcohol, and supply-chain costs have been unpredictable and high. Now, just as many are trying to regain their footing, they get hit with another hurdle.

Most craft breweries package their beer in aluminum cans. If the cost of aluminum goes up because of tariffs, so does the cost of packaging. And it's not just cans, brewing equipment is made of steel. Fermenters, brite tanks, brewhouses, kegs, construction materials—all of it. So, breweries that want to replace aging equipment, expand, or just keep up with demand are looking at higher costs across the board.

And let's be clear: These costs don't just disappear. Breweries will have to pass them down to consumers. That means your favorite local beer is about to get more expensive. Meanwhile, the biggest players—macro-breweries with deep pockets—can absorb these price increases far more easily than your neighborhood local. This isn't just an economic issue; it's a competition killer.

Tariffs like these don't "protect American businesses." They protect big business at the expense of the little guys who drive innovation, create jobs, and bring character to our communities. If we want to support small businesses, we should be fighting against policies that make it harder for them to compete.

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

The attack on DEI does not mean employers must or should eliminate anti-harassment training

Even as some push back forcefully against DEI workplace initiatives, courts are pushing back even harder. Consider these excerpts from Diemert v. City of Seattle, in which a federal judge dismissed the claims of a white man who alleged that his employer's mandatory DEI training created a racially hostile work environment.

Protecting the rule of law

"Judges aren't allowed to control the executive's legitimate power." — Vice President JD Vance

We need to talk about the rule of law—because it's under serious attack.

How to respond to the Justice Department's DEI hitlist

"The Department of Justice's Civil Rights Division will investigate, eliminate, and penalize illegal DEI and DEIA preferences, mandates, policies, programs, and activities in the private sector." 

 

That's the key sentence from a Feb. 5, 2025, memo that Attorney General Pam Bondi sent to all DOJ employees.

What does it mean? No one really knows. What we do know is that diversity, equity, inclusion, and accessibility are top priorities for this administration. The key question is how the administration defines "illegal."

Here's what we can infer so far:

WIRTW #746: the 'fly, eagles fly' edition

All-Pro Reels, CC BY-SA 2.0, via Wikimedia Commons

Are you ready for the Big Game? As a Philly native and die-hard Eagles fan, I sure am! 

Here's the official Ohio Employer Law Blog prediction for Sunday. Eagles 31 - Chiefs 27. Book it. Hurts, Barkley, et al., deny Reid, Mahomes, and Kelce their threepeat. Saquon runs for 165 and 2 touchdowns. Hurts throws for 200 and touchdown, and tush pushes his way for another. Brandon Graham returns from injury to score a key sack. And rookie phenom Quinyon Mitchell seals the win with a last minute interception. At least that's my dream scenario (other than a stress-free blowout).

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Also, please check out the latest episode of The Norah and Dad Show. Norah and I discuss her 2nd semester of college, her classes, and her recent biliteracy certification. We also discuss our recent naming to the list of the best dad and daughter podcasts. 

You'll find the episode on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and anywhere else you get your podcasts. 

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

What the EEOC just said—and didn't say—about the current state of workplace right

"The EEOC is open for business." That's what the agency just declared in a series of frequently asked questions about the impact of Trump's Executive Orders on its operations and the laws it enforces.

The FAQs acknowledge the agency's lack of a quorum and its resulting inability to issue or rescind guidance or policy statements. They also affirm that the EEOC continues to accept and process discrimination charges, conduct investigations, issue right-to-sue letters, and litigate cases.

What hiring and employment look like without DEI

What does a country without DEI look like? Some people say that's what they want. No more diversity, equity, and inclusion initiatives in hiring or the workplace. Just a pure "meritocracy."

So what does that actually look like?

The dos and don't of workplace AI policies

According to a recent BBC article, half of all workers use personal generative AI tools (like ChatGPT) at work—often without their employer's knowledge or permission. So the question isn't whether your employees are using AI—it's how to ensure they use it responsibly.

A well-crafted AI policy can help your business leverage AI's benefits while avoiding the legal, ethical, and operational risks that come with it. Here's a simple framework to help guide your workplace AI strategy:

We cannot simply oblish OSHA

"The Occupational Safety and Health Act of 1970 repealed. The Occupational Safety and Health Administration is abolished."

That's the full text of H.R. 86 — the Nullify Occupational Safety and Health Administration Act — with Representative Andy Biggs introduced in Congress late last week.

In support of his reckless and dangerous legislation, Biggs stated:

"OSHA's existence is yet another example of the federal government creating agencies to address issues that are more appropriately handled by state governments and private employers.… It's time that we fight back against the bloated federal government and eliminate agencies that never should have been established in the first place."

WIRTW #745: the 'biliterate' edition

Until this week, I thought being bilingual meant fluency in a second language—the ability to read, write, listen, and speak with ease. I was wrong. Someone who can do all of those things in two languages is actually biliterate. Being bilingual, on the other hand, simply means having the ability to speak in two languages.

I learned this distinction when the Ohio Wesleyan University Department of World Languages and Cultures certified my daughter as biliterate in French.

From the school's press release:

"Ohio Wesleyan University language students are now able to earn the Global Seal of Biliteracy, an internationally recognized micro-credential that enables them to verify their linguistic abilities when applying for jobs or graduate school. The university's Department of World Languages and Cultures began utilizing the third-party assessment this fall, with 19 students earning the 'functional fluency' biliteracy seal at the end of the semester. Andrea Colvin, Ph.D., chair of World Languages and Cultures, said students' earning the Global Seal of Biliteracy is 'a testament to their hard work, dedication, and passion for language learning.'"

Norah was one of eight students credentialed as biliterate in French. I don't know how many of those eight were also first-semester freshmen, but to be fair, she had 13 years of French education before starting college. All American schools should begin foreign language instruction in kindergarten—it's one of the greatest shortcomings of our education system.

Félicitations, Norah! Needless to say, I'm a very proud dad.

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

Microagressions as an adverse action

A "microaggression" is a subtle, often unintentional comment or action that conveys bias or discrimination against a marginalized group. For example, asking a person of color, "How did you get this job?" telling a colleague with an accent, "Your English is so good," or scheduling team-building activities at bars, knowing some employees don't drink for religious reasons.

In the right circumstances, however, microaggressions can also amount to an adverse action that supports a workplace retaliation claim.

Consider the recent case of Uchitel v. Solid Waste Services. 

Trump illegally guts the EEOC of its Democratic members

Remember last week when I told you that Trump would try to dismantle all of our federal workplace discrimination laws?

Well, the first shoe has just dropped—right on the EEOC’s neck.

Late yesterday, news broke that Trump fired two Democratic EEOC Commissioners, Jocelyn Samuels and Charlotte Burrows. This move leaves only two Commissioners on the five-member EEOC: Republican Andrea Lucas (whom Trump had previously named acting chair) and Democrat Kalpana Kotagal and no quorum. Without a quorum, the EEOC is now paralyzed—unable to issue rules, provide legal guidance, or direct staff to take key enforcement actions like pursuing litigation.

Missing time sheets doom employee's overtime claim

One of the most challenging tasks is proving a negative. Yet, this is precisely the problem employers face when defending wage-and-hour cases in which employees allege off-the-clock work. The employer argues that time records define the boundaries of the paid workday, while the employee contends they should be compensated for work performed outside of those clock-ins and clock-outs.

For example, consider Osborne v. JAB Management Services, a case recently decided by the 7th Circuit. Tara Osborne worked remotely as a technical support specialist for JAB, providing on-call support to its customers. As a salaried remote worker, she had the flexibility to design her own schedule. While she did not track any time worked over 40 hours per week, Osborne claimed she worked an average of 10 hours per day and 15 hours of overtime per week, including weekends.

The 7th Circuit affirmed the trial court's dismissal of Osborne's lawsuit for unpaid overtime. 

Taking from your employees' tip pool? It's illegal

It’s Dry January, and brewery owners are feeling the pinch. You might be tempted to supplement your income by dipping into your employees’ tip pool. That would be a huge mistake. It isn’t just bad form to take your employees’ hard-earned tips. It’s also illegal.

Under the FLSA, owners, managers, and supervisors are strictly forbidden from taking any part of pooled tips. There are no excuses.

Is Trump coming after Title VII next?

"Dad, did Trump just get rid of workplace discrimination laws?" That's the question my daughter asked me yesterday.

She was referring to his Executive Order entitled, Ending Illegal Discrimination and Restoring Merit Based Opportunity.

To answer Norah's question, no, that EO did not get rid of workplace discrimination laws. Instead, it dismantled federal Diversity, Equity, and Inclusion programs and placed all federal DEI employees on unpaid leave. It also rescinded Executive Order 11246, originally signed by President Lyndon Johnson in 1965, which prohibited federal contractors from discriminating based on race, color, religion, sex, or national origin, and further removing their affirmative action obligations in that regard.

WIRTW #744: the 'London Calling … the podcast' edition

In the latest episode of The Norah and Dad Show, we recap our family Christmas holiday to London. Here are links to everything we mention in the episode. 

• Hux Hotel
• Peter Pan Cup
• The Beatles Magical Mystery Walking Tour
• Third Man Records
• Arsenal Tickets
• Afternoon Tea at the Goring
• Atticus Blue (Leicester Square busker)
  
• Hawksmoor Seven Dials
• The Original Ted Lasso Tour
• Reale Camiceria (the "unofficial" Ted Lasso store)
• The Prince's Head Pub
• Camden Market 
  

You'll find the episode on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and anywhere else you get your podcasts. 

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

Neurodivergence is not an excuse for racism

"He's on the spectrum" is not an excuse for racism.

I've seen more than one person attempt to justify Elon Musk's Nazi salute, or dismiss it, citing his Asperger's syndrome, a form of autism spectrum disorder.

I call 🐂💩!

Bigotry, racism, and antisemitism are not symptoms of Asperger's or autism. They are, however, hallmarks of being a bigot, racist, or antisemite.

A lesson on ADA compliance

What happens when an employer fails to take an employee's disability seriously? It might look a lot like the case of Sutherland v. Peterson's Oil Service.

This recent First Circuit decision offers a crash course on the perils of ignoring an employee's requests for accommodations—and the consequences of getting it wrong.

WIRTW #743: the 'snowball at Santa' edition

If your employee is caught in a viral video calling an opposing fan the "c-word" at a football game, should he lose his job? Does it make a difference if your company is in the business of DEI consulting?

This story just played out following the Eagles playoff win over the Packers last weekend.

Ryan Caldwell, an employee at BCT Partners—a firm specializing in DEI—was captured on video during the game directing the vulgar and misogynistic insults toward a female Packers fan. The video quickly went viral to the tune of more than 31 million views. The public backlash was significant and swift.

The Eagles organization responded by banning Caldwell from their stadium for life. BCT Partners conducted an internal investigation and terminated Caldwell's employment, stating that his behavior was "vile, disgusting, unacceptable, and horrific," and stood in direct opposition to the company's core values of respect, dignity, and inclusion. Caldwell then issued a public apology, but added that the video "does not reflect the full context of what transpired," and that his actions "were not without provocation."

This incident serves as a stark reminder of the importance of aligning employees' behavior with a company's values, both on and off the clock. By proactively addressing these issues in real time, employers can mitigate risks, uphold their reputations, and foster a positive workplace culture that reflects their mission and values.

Three more points to make:

1. This is not a free speech issue. Private-sector employees have zero free speech rights in the workplace in this context. Regardless, freedom of speech does not equal freedom from consequences.

2. It is irrelevant whether this employee works for a DEI firm or any other company. His behavior was abhorrent, could damage the company's reputation, and is grounds for termination. The identity of his employer is just the ironic icing on the cake.

3. The employee's apology rings quite hollow. I don't care about the "context" of what happened or how he was "provoked." If you respond to provocation by calling a woman that awful word, that's who you are, period. And I certainly don't want you working for me.

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

SCOTUS eases burden of proof for employers in FLSA exemptions cases

Big news for employers: The Supreme Court just made it easier to defend against Fair Labor Standards Act exemption claims by employees.

In E.M.D. Sales v. Carrera, the Court unanimously ruled that employers only need to meet the preponderance of the evidence standard—not the heightened clear-and-convincing standard—when proving that an employee is exempt from the FLSA's overtime requirements.

An expensive lesson on pay-equity compliance

Mastercard has agreed to pay $26 million to settle allegations that it systematically underpaid thousands of female, Black, and Hispanic employees. The settlement resolves claims that the company underpaid 7,500 female, Black, and Hispanic workers compared to their male and white counterparts for performing the same or similar work.

As this case illustrates, allegations of systemic pay discrimination hit hard—financially and reputationally. As an employer, you can and should take steps to ensure fair pay practices. Not only because it's the right thing to do, but because it's critical to avoid costly lawsuits and foster a workplace of trust and respect.

This is how NOT to respond to employee complaints

JP Morgan is making waves with its decision to bring employees back to the office five days a week starting in March. But what's making even more waves is its reported crackdown on employee communication about this decision on the company intranet.

Let's talk about why that's problematic from both a legal and practical standpoint:

ADA covers more than those who are limited in their ability to work

What happens when an employer ignores the definition of "disability" under the ADA? A lawsuit—and a lesson in what not to do. A recent 6th Circuit decision highlights how important it is to get the definition right—and why denying a reasonable accommodation like a job transfer can land you in legal trouble.

WIRTW #742: the 'london calling' edition

"What do think about going to see an Arsenal match for Christmas?" That question—which my wife posed to me over a glass of wine a couple of months ago—birthed our 2024 Christmas holiday.

I work so that I can afford to travel. It's what feeds and restores my soul. The world is so vast and so interesting, and I want to see and experience it all. The five days we just spent in as a family in London was exactly what my soul needed.

Here are my top five highlights.

     1. Arsenal. If you're a sports fan and have never experienced a Premier League match live, you're missing out. The stadium was electric from start to finish. Bonus points for an Arsenal 1-0 win. Double bonus points for witnesses a proper British argument between Arsenal and Ipswich fans on the walk back to the Tube following the match. ("Have fun playing Swansea next year!") Triple bonus points for Donovan's first cider.

     2. Ted Lasso Tour of Richmond. This was a pilgrimage for us. It was so cool to see the famous sites from the show, including Ted's apartment door, the Ted/Beard bench, and the pub. Bonus points for lunch at the "Ted Table" in the pub following the tour.

     3. Afternoon Tea at the Goring. The poshest of posh. Also, a perfect way to celebrate my wife's birthday. Bonus point for their offering of gluten-free service for my Celiac son, which was identical to our full-gluten service.

     4. The Holiday Lights. London is beautifully festive for the Christmas holiday. We soaked in as much as we could through the massive crowds. Bonus points for Norah picking up a busker's tambourine and jamming along for a song. Double bonus points for stumbling across what has to have been the worst Christmas display in London.

     5. Watching the Peter Pan Cup. It's a 100-yard swimming race held in Hyde Park every Christmas morning since 1864. It was a wonderfully local way to spend our post-arrival Christmas morning while we waited for our hotel room to be ready. Bonus points for our morning stroll through Hyde Park and Kensington Gardens with many Londoners and their dogs.

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

The "R-word" is making a comeback

According to Rolling Stone magazine, the "R-word" is making a comeback as part of a hard-right online trend using it to slander those who do not agree with their politics.

The resurgence of the "R-word" as a slur is more than offensive—it's harmful. It perpetuates stigma, dehumanization, and exclusion, particularly for individuals with intellectual and developmental disabilities.

This isn't about ignorance. Everyone knows why that word is ugly. Its recent resurgence in mainstream discourse, fueled by social media and some high-profile offenders, is a deliberate attempt to provoke and devalue. It's not just juvenile name-calling; it's a message—one that says some people are less deserving of respect, dignity, or a voice.

Avoid "mommy-track" stereotypes with your female employees

"If she returns…" That statement is among the allegations that Chloe Koprucki makes against her former employer, Broadridge Financial Solutions, in a just-filed sex discrimination and FMLA lawsuit. In sum, Koprucki claims that the company "mommy tracked" her after her return from maternity leave.

The "mommy track" refers to the unspoken career path many working mothers find themselves on, where they are passed over for promotions or opportunities because of assumptions about their priorities or commitment. High-profile lawsuits by women at companies like Ernst & Young, Jones Day, and others have brought attention to how this practice can create serious legal risks for employers.

The 1st nominee for The Worst Employer of 2025 is … The Menstrual Marauder

"We can't hire you. You'll be absent too much due to your monthly cycle." That's the text a job applicant received from a hiring manager at a gym owned by Equinox Holdings after she requested to reschedule a second-round interview for a front desk job.

The applicant, who suffers from endometriosis, asked to delay the interview by a few days because of severe menstrual pain. Instead of accommodating her request, the gym declined to interview her further and hired a male applicant with no prior experience—despite her years of relevant experience working in similar roles at other gyms.

Costco's masterclass on responding to DEI backlash

It's not easy to stand firm in today's polarized world, but Costco just showed everyone how it's done.

Recently, Costco's board rejected a shareholder proposal aimed at rolling back its DEI (diversity, equity, and inclusion) initiatives. Instead, the company doubled down on its commitment to making its workplaces inclusive and equitable.

In a statement, the retail giant wrote: "Our Board has considered this proposal and believes that our commitment to an enterprise rooted in respect and inclusion is appropriate and necessary. Our success has been built on service to our critical stakeholders: employees, members and suppliers. Our efforts around diversity, equity and inclusion follow our code of ethics."

Predictably, the backlash came fast, with calls for a boycott from some corners. Unlike many other companies, however, Costco didn't buckle under the pressure of a right-wing boycott. Instead, it stood its ground for what it believes in.

’Twas the Employment Law Night Before Christmas (2024 edition)

In what has become an annual tradition for my final post of the year, I bring you the holiday classic, 'Twas the Employment Law Night Before Christmas … tweaked for 2024.

To all of my readers, connections, and followers, new and legacy, thank you all for reading, commenting, and sharing throughout the year. Please have a happy and, most importantly, healthy and safe holiday season. I'll see everyone in 2025 with new content to kick off the new year, including a fresh batch of Worst Employer nominees.

* * *

The Worst Employer of 2024 is…

The votes have been counted. The WINNER of The Worst Employer of 2024 is...

6th Circuit teaches employers an important FMLA lesson on caregiving and in loco parentis

Imagine being told by your employer that you have to choose between your terminally ill sister and you job. That's what happened to Celestia Chapman, a finance manager at Midwestern Auto Group.

Chapman requested time off under the FMLA care for her sister, who was dying of cancer and unable to care for her own basic needs, including feeding, hygiene, and taking medications. MAG told her that the FMLA did not provide leave to care for an adult sibling. When Chapman ran out of PTO and stopped coming to work, MAG fired her.

"RFK Jr.'s job application: part psych eval and all wrong

"I don't have that much interest in having a sexual experience with another person."

"I believe in things many others don't—like having a 'sixth sense,' clairvoyance, and telepathy.

"As an adolescent, I had bizarre fantasies or preoccupations."

Those are among the odd and inappropriate questions that applicants seeking to work for RFK Jr.'s Department of Health and Human Services must answer as part of the application process. They also appear to be taken from the criteria for a schizotypal personality disorder and narcissistic personality disorder in the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition.

They are also a big legal no-no.

WIRTW #741: the 'finals countdown' edition

On this week's episode of The Norah and Dad Show, Norah and I discuss the end of her first semester of college, including her finals, our upcoming family Christmas trip to London, and the importance of checking your tire pressure before heading out on a road trip.

Listen on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and anywhere else you get your podcasts.

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Have you cast your ballot for The Worst Employer of 2024? Polls are open through Tuesday, December 17, at 11:59 p.m. Click here to vote.

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

5 lessons from a poorly communicated layoff

Imprint Beer Co. offers us a textbook lesson in how not to communicate layoffs to employees.
The brewery recently announced mass layoffs and stopped brewing beer at its facility, blaming financial issues from water surcharges.

How did they break the news to their employees? A now-deleted social media post.

Cue the appropriate outrage. Former employees posted online about the abrupt firings and other toxic working conditions. Imprint's response? Defensive and snarky public replies to the employees and other online reviews. It was a PR disaster—and an example of how not to handle layoffs.

Layoffs are always tough, but mishandling them can torpedo your business's reputation. Here's how to do it the right way:

🚨 Vote for the Worst Employer of 2024 🚨

It's the most wonderful time of the year! I've made my list, checked it twice, and now it's time to determine who's been the naughtiest and not very nice. That's right—it's time to vote for The Worst Employer of 2024.

I've narrowed down my list of 12 nominees to the worst seven finalists.

WIRTW #740: the 'roast' edition

Among all of the things that ChatGPT can do, it's really, really good at roasting someone. So, I asked ChatGPT to roast my LinkedIn profile.

Your Profile:  

Your headline reads like you're auditioning for a legal-themed TED Talk: "Employment Lawyer. Blogger. Dad. Joke-Teller Extraordinaire." We get it—you've cornered the market on HR-friendly humor. But do you ever worry that someday you'll run out of "Worst Employer" stories and have to, I don't know, write about good companies? Oh wait, no, that's not your brand. You thrive on chaos. 

Your Content:

Your posts aren't just LinkedIn content—they're full-blown HR soap operas. Every scroll through your feed feels like watching a daytime courtroom drama where everyone's guilty of workplace harassment. "This employer made a tiny mistake and now owes $3 million. Don't be like them." We get it, Jon. Compliance is your love language.

Your "Worst Employer" series? ICONIC. But let's be real: these employers are the villains, and you're the vigilante swooping in to serve justice—with a side of sarcasm. Honestly, we're all just waiting for Netflix to pick it up. "Worst Employers: The Documentary," streaming 2025.

Your Engagement Game:

Your comments section is a gladiator arena where you reign supreme. HR reps timidly enter with their opinions, only to be met with your weaponized wit. Someone tries to challenge you, and you hit them with a response so precise it might as well be a deposition. Honestly, it's terrifying.

Your Bio:

Jon, did you write this yourself, or did you hire a PR team with a thesaurus? It’s a humblebrag masterpiece, perfectly crafted to make you seem like you just accidentally became the Beyoncé of employment law. And the dad angle? Nice touch. It’s like you’re saying, "Sure, I destroy bad HR policies by day, but by night? I make pancakes and tuck my kids in." We get it, but save some humility for the rest of us.

Your Brand:

You've carved out a niche so specific it's practically a personality type: Lawyer Influencer. You're one word away from trademarking "employment law influencer." And honestly? We're surprised you don't already sell merch. A coffee mug that says "Bad Bosses Pay My Mortgage"? Print it.

You're like the Gordon Ramsay of workplace compliance—brutal, entertaining, and oddly comforting when you're tearing apart someone else's bad decisions. Employers follow you out of both fear and morbid curiosity, like they're watching their own policies flash before their eyes. People love you, but they also kind of hate how good you are at making them feel this close to being sued.

Final Thoughts:

Jon, your LinkedIn presence is a paradox. You're simultaneously the voice of reason and the harbinger of HR doom. You've got more hot takes than a subreddit, and your posts are so sharp they should come with a liability waiver. You're not just a lawyer—you're a content juggernaut who somehow makes workplace lawsuits look fun. Keep being the internet's HR lawyer we love to hate to love.

Pretty darn good, right?

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

Buckeye of broken promises: OSU's trust fumble

Ohio State University announced that it will rescind raises for 306 salaried employees, effective Jan. 1. Earlier this year, the university granted these raises to comply with a new federal overtime rule that increased the salary threshold for exempt employees. After a federal judge overturned the rule, OSU decided to take back the pay increases, claiming the raises were no longer legally required.

Legally? Fine. Ethically and from an HR perspective? A disaster.

Precedent used to mean something

"Supreme Court justices seldom get an opportunity to fix a botched decision. But as the Court takes up a transgender case, Associate Justice Neil Gorsuch has that chance."

 
Those are the words of The Heritage Foundation (author of Project 2025) in a recent blog post calling for SCOTUS to overturn Bostock's prohibition of transgender discrimination as sex discrimination under Title VII.

"But Jon," you protest, "precedent is sacred; SCOTUS is bound to follow its prior decisions. The Bostock case says that Title VII protects transgender employees from discrimination, period."

Lessons from a recent retaliation case

Dr. Carla Campbell-Jackson, a Black woman with 30 flawless years working at State Farm, found herself out of a job after raising concerns about systemic discrimination within the company against minority customers and employees. When she spoke up, she claimed her stellar performance reviews dropped, and soon after, State Farm terminated her for allegedly violating company policy by sending an email with sensitive information defending her performance.

Campbell-Jackson believed her termination wasn't about the email—it was retaliation for her complaints.

She sued, and the 6th Circuit revived her case. 

📱 Apple’s BYOD lawsuit: a cautionary tale for employers

A recent lawsuit filed by an Apple employee against the company highlights the risks of mishandling Bring Your Own Device (BYOD) policies. The employee claims the tech giant monitored personal devices and iCloud accounts, sparking privacy and legal concerns. It's a stark reminder that allowing personal devices at work requires a carefully crafted policy that balances company needs with employee rights.

Here's how to do it right:

Life without a Department of Labor isn't as efficient as some will tell you

What happens if the Department of Labor vanishes? It's not some dystopian fantasy—it's an actual possibility under Elon Musk and Vivek Ramaswamy's "Department of Government Efficiency." They could eliminate the DOL entirely. The pitch? Let states handle it. The reality? It's a disaster waiting to happen.

Leave us bald guys alone!

This one hits close to home. In Tony Finn v. British Bung Company, a UK tribunal ruled that calling a man "bald" constitutes sexual harassment. Why? Because baldness disproportionately affects men, the comment was deemed inherently tied to sex. The insult—a crude "bald c---"—was judged degrading, offensive, and gender-based.

But let's take this across the pond. Would a U.S. court agree? 

WIRTW #739: the 'rage against the machine' edition

In this week's episode of The Norah and Dad Show, my daughter and I discuss how we're feeling in the aftermath of the 2024 election. Hint: it's not great. Sadness, anger, acceptance … we work through our stages of grief throughout a tight 25 minutes.

Listen on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and anywhere else you get your podcasts.

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If you missed the live broadcast of this week's webinar on how the election will shape employment law in 2025, with host Eric Meyer, Dan Schwartz, Amy Epstein Gluck, Dessi Day, and me, our gracious host posted the video to YouTube. You can watch the replay — once, twice, on an endless loop until you have it memorized — here.

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

10 Things to Include in Your Artificial Intelligence Policy — via hr bartender

Apparent AI Hallucinations in AI Misinformation Expert's Court Filing Supporting Anti-AI-Misinformation Law — via The Volokh Conspiracy

ChatGPT's search engine might end your dependence on Google — via Boy Genius Report

Have the Trump-ets Sounded for AI Regulation Protecting American Workers? — via The L•E•Jer

The 2024 Election and Small and Independent Breweries — via The Brewers Association

Elon Musk and Vivek Ramaswamy have spelled out their plans for DOGE — via The Verge

5 Ohio Law Schools Drop Their Diversity Scholarships and Programs — via Above the Law

What the Election Tells Us About How Employers Should Support Worker and Family Health — via EntertainHR

Déjà vu all over again: a Texas federal judge erased the new OT rules nationwide — via Eric Meyer's The Employer Handbook Blog

How Will the U.S. Election Outcome Affect Labor Law? A Deep Dive into the NLRB's Future — via Employment Law Worldview

Bad Dough: N.J. Bakery Hit With $385K Fine by OSHA For Not Fixing Workplace Safety Dangers — via Joe's HR and Benefits Blog

GLP-1 drug coverage for obesity making inroads with large employers — via HR Dive

One Use of the "N-word" Lands an Employer in a Jury Trial – Lessons to Learn — via California Employment Law

Bluesky Captures My Attention Like Twitter Did 18 Years Ago — via Real Lawyers Have Blogs

We Asked 10 Beer Pros: What’s the Biggest Red Flag at a Brewery Taproom? — via VinePair

DOL confirms the obvious — the FMLA covers time off spent in clinical trials

Can employees use FMLA leave to participate in clinical trials for their serious health conditions? Of course, they can—how is this even a question?

In a recent opinion letter, the Department of Labor confirmed what feels like common sense: treatment provided during a clinical trial counts as treatment for a "serious health condition" under the FMLA. If an employee is eligible for FMLA leave and the trial addresses their condition, the statute covers their absences—end of story. It doesn't matter if the treatment is experimental, uses a placebo, or hasn't yet proven effective.