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.

WIRTW #777: the 'no kings' edition

* Image by Nathaniel Currier, Public domain, via Wikimedia Commons

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

If this were your workplace, would you tolerate it?

Politico just published leaked messages from Young Republican leaders — future GOP operatives, appointees, and elected officials, as well as at least one current elected official and a White House staffer — joking about gas chambers, praising Hitler, celebrating rape, and using racist slurs over 250 times.

JD Vance brushed it off as a "college group chat" and then blamed Democrats for stoking political violence. Donald Trump has yet to even address it.

This isn't "dark humor" or "college hijinks." It's hate speech. Hard stop.

100% healed policy = 100% ADA violation

This one's for every business who's ever said to a sick or injured worker, "We can't bring you back until you're 100%."

The EEOC announced a $200,000 settlement with Elon Property Management after it required employees returning from medical leave to provide a doctor's note saying they could return to work "without restrictions." Elon also required a doctor to sign off on a copy of the employee's job description — and refused to let employees back if they couldn't meet every demand.

The EEOC's response was clear: "Policies that require an employee to be 100% before returning to work are unlawful. Employers must assess whether an employee can perform the job with or without a reasonable accommodation."

"Same-actor" harassment isn't immune from Title VII.

A federal judge recently granted summary judgment to Verizon Wireless after it fired a Black employee who twice used the n-word in the store. The employee argued, in part, that because the word came from him (a member of the protected class), his termination was discriminatory.

The court wasn't having it and dismissed the employee's case. It held that Title VII doesn't enshrine a right to use slurs "within one's own protected group." Harassment is about the work environment it creates, not the speaker's identity.

Ohio beer is the best beer!

For years, I've told anyone who would listen that Ohio has the best beer in America. Now, we have the proof.

At this year's Great American Beer Festival — the country's largest professional beer competition — Ohio's breweries showed up and showed out. Eleven breweries from the Buckeye State brought home 21 medals overall — tied for sixth among all states and marking our best result ever.

The undisputed star of the festival, however, was my local, Fat Head's Brewery. No brewery won more medals than Fat Head's, which took home five in total: two golds, one silver, and two bronze.

🥇 Goggle Fogger — South German-Style Hefeweizen
🥇 Battle Axe — Strong Porter
🥈 Bone Head — Strong Red Ale
🥉 Hop JuJu — Imperial India Pale Ale
🥉 Excursion Journeyman — Specialty Non-Alcohol Beer

🏆 Fat Head's also won BREWERY OF THE YEAR (15,001 – 100,000 barrels). 🏆

Not to be outdone, its downstate compatriot, Cincinnati's Third Eye Brewing Co. won three medals of its also and Brewery of the Year (2,001 – 5,000 barrels).

From neighborhood taprooms to nationally recognized powerhouses, Ohio beer showed that it belongs on the stage with the industry's heavyweights.

So yeah, I'm proud to be a beer lawyer. But even more, I'm proud to stand with an industry that captures the best of Ohio — authentic, passionate, and quietly exceptional.

If you love beer, put Ohio on your map. The pints are top-notch, and the industry's people are even better. The lawyers? Not too shabby either. 😉

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Click here for information on Wickens Herzer Panza's craft beer legal practice (or just email me).

For more info on Ohio's craft-beer industry as a whole, check out the Ohio Craft Brewers Assocation.

WIRTW #776: the 'secret diner' edition

Every now and then, I like to take this space and go hyper-local, to highlight something that makes my corner of Northeast Ohio special. Today, that something is Vino di Luca, a new restaurant in Olmsted Falls.

If you're a Cleveland-area foodie, the name Luca Sema probably rings a bell. His other restaurant, Luca West, has long been one of my favorites and is arguably one of the very best spots in Greater Cleveland. So I had little doubt that Vino Di Luca would be something special.

Vino di Luca sits in the heart of downtown Olmsted Falls, in a beautifully restored century-old building that used to house The Olde Wine Cellar. The cozy yet contemporary transformation is stunning. The space doubles as a restaurant and wine shop, and it somehow manages to make both feel seamless.

The menu is built around Italian small plates and pastas. We like to start with the polpetta (housemade meatballs) and a salad, then dig into their pastas — maybe the white truffle and ricotta-stuffed sacchetti, the orecchiette with shrimp, or the gnocchi with fresh mozzarella and spicy tomato sauce. Each dish feels both elevated, comforting, and delicious. Much of the menu is naturally gluten free, including the polpetta, and all pasta dishes can be made gluten free upon request.

And then there's the wine.

Because Vino di Luca also functions as a retail shop, the prices are retail, which means you can enjoy an incredible bottle without the restaurant markup. The selection leans Italian (which makes sense given the menu), but there's plenty of California, French, and even the occasional Portuguese bottle mixed in. Every label is thoughtfully chosen and genuinely good. There's also a full bar with a craft cocktail menu if you're not in the mood for wine.

If you go, and the weather cooperates, grab a table on the back porch overlooking the Rocky River. It's peaceful, scenic, and one of those hidden gems that makes you appreciate where you live.

So, if you find yourself southwest of Cleveland, do yourself a favor and stop into Vino di Luca. Order a few plates, open a bottle of something interesting, and settle in. It's the kind of place that reminds you why dining out — and supporting local — is such a joy.

Cheers!

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

Employers, you don't need to be right—you just need to be honest

If you're an employer disciplining or terminating an employee for workplace misconduct, you don't have to prove the employee did the bad thing—you just need to honestly believe they did.

In Welch v. Heart Truss & Engineering, the employer fired an employee it believed had spray-painted trusses with graffiti—including devil horns and cartoon boobs. (Yes, really.) The employee claimed the real reason for his firing was his disability and workers' comp history.

But the 6th Circuit didn't buy it. The employer's "honest belief" saved the day.

The importance of preaching (and training) calmness in the workplace

Until today, I had never heard the phrase, "gratuity riot." I bet you hadn't either.

It allegedly happened in Nashville, where a bartender, pushed past her limit by a bachelor party that ran up a large tab and left no tip, hurled a pitcher across the bar. Words were exchanged, bottles followed, and soon the bar was a scene out of a country-western apocalypse — stools overturned, beer spraying, a shattered glass everywhere.

By the time the police arrived, the bartender was under arrest for aggravated assault, inciting a riot, and destruction of property.

We can all shake our heads and mutter, "What a mess," but there's a real workplace lesson buried under the spilled beer and broken glass.

The 11th nominee for The Worst Employer of 2025 is … The Enslaving Episcopate

Every year I think I've hit rock bottom when it comes to my "Worst Employer" list. And every year, someone picks up a jackhammer and starts digging.

Let me introduce you to the Kingdom of God Global Church, led by "Apostle" David Taylor and his "executive director" Michelle Brannon.

According to federal prosecutors, these two masterminded what can only be described as a modern-day slave labor scheme wrapped in the trappings of religion. The FBI's August raid of Brannon's mansion revealed 57 victims of forced labor living in cramped, squalid quarters — while Brannon enjoyed seven Mercedes, two Bentleys, half a million dollars in gold bars, and a backyard full of marble statues.

A reminder from the DOL that not all “front-of-house” jobs are created equal

The Department of Labor just released a new Wage & Hour opinion letter on one of those topics that always makes restaurant and hospitality employers nervous — tip pooling under the Fair Labor Standards Act.

The question is whether "front-of-house" oyster shuckers can be included in a tip pool with servers when the employer takes a tip credit toward minimum wage?

The DOL says yes — if those shuckers actually interact with customers.

WIRTW #775: the 'kindness' edition

What's wrong with kindness?

When I was a kid, I was taught: "Sticks and stones may break my bones, but words will never hurt me."

I disagree. Words can wound. They can demean. They can normalize cruelty and strip people of dignity. That's not strength, but weakness dressed up as bravado.

This week I was reminded of the choice we face every day in how we use our words. In a series of since-deleted comments to my LinkedIn post about the illegality of calling Black employees "monkeys," someone proudly declared:

➡️ that calling others "monkeys" is just free speech,
➡️ that he can call "whoever he wants a monkey,"
➡️ and that anyone who challenges that is undermining his freedom.

Technically, he's right: the First Amendment protects his right to say it. But here's the important part: free speech is not free of consequences, nor is it free of responsibility.

Which brings me back to my question: what's wrong with kindness?

Kindness invites connection.
Kindness builds trust.
Kindness strengthens communities and workplaces.
Kindness takes less effort than cruelty.
Kindness is the simpler, stronger choice.

Cruelty may get you attention, but kindness earns you respect.

So maybe the real question isn't "What am I free to say?" but "How will my words define me?" and "What impact will my words have on the people who hear them?"

None of us should want to be remembered for the insults we hurled, but for the kindness we offered.

The same is true at work. Cultures built on cruelty don't last. They burn people out, drive away talent, and create environments where fear replaces trust.

On the other hand, cultures built on kindness endure. They attract people who want to contribute, they foster collaboration, and they create workplaces where employees feel valued and respected. Kindness isn't just a moral choice, it's the smart business strategy that sustains organizations.

Choose kindness. Always.

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

Religious "purity tests" are a Title VII accommodation no-no

"Are you really that religious?" is the wrong question for any employer to ask of an employee seeking a religious accommodation.

The 6th Circuit just handed down a decision in Bilyeu v. UT-Battelle that should serve as a warning to any employer tempted to test the "sincerity" of an employee’s religious belief.

Let's count the ways Pete Hegseth's speech would get your company sued

If Pete Hegseth were your CEO, I'd be drafting your EEOC position statement tomorrow.

You're not running the Department of War (née Defense), and your employees aren't soldiers. If you think, however, Hegseth's speech yesterday is a model for shaping culture in your workplace, here's a lawyer's caution: his words are an employment-law nightmare.

The 10th nominee for The Worst Employer of 2025 is … The Corpse-Concealing Taskmaster

On Sunday, September 21, 43-year-old UPS driver Shelma Reyna Guerrero was crushed to death inside a cargo trailer at a company facility. According to police, she was loading packages alone when a malfunctioning conveyor caused an avalanche of parcels to fall on her. A co-worker discovered her injured body, but by the time emergency responders arrived, she was already gone.

Her coworkers remembered her as warm, kind, and joyful: "She was so friendly, had a beautiful smile … it was so infectious."

UPS compounded the heartbreak of this preventable death with its response. Workers report that the company shut operations down for only two hours before restarting both shifts — while Shelma's body was still in the building. Some employees said management even covered her body with "sort bags" so coworkers wouldn't have to see the body bag encasing her remains.

Monkey see; monkey not do

Chalk one up to common-sense — the 6th Circuit just held that the word "monkey," when directed at a Black employee, constitutes a racially hostile work environment.

In Smith & Sneed v. P.A.M. Transport, the court reversed summary judgment for the employer and sent the case to trial.

WIRTW #774: the 'daughter' edition

Yesterday was National Daughters Day, not to be confused with National Transfer Money to Your Daughter's Account Day (Oct. 6), International Daughters' Day (Sept. 28), Father-Daughter Day (Oct. 12), or National Son and Daughter Day (also Sept. 28).

I happen to host a podcast with my daughter — The Norah and Dad Show. We just released our 55th episode, covering our recent visit during Parents Weekend at her university. We discuss: dining, shopping, soccer, and an absolutely awful homecoming football game, the difference between "speech pathology" and "speech therapy," the meaning of community service, and why I canceled our Hulu subscription.

Here's a quick clip to whet your appetite.

You'll 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.

The 9th nominee for The Worst Employer of 2025 is … The Malignant Museum

De'Mario Grant thought he'd landed his dream job in security at the de Young Museum, following his grandfather's footsteps. Instead, he got backbreaking 16-hour shifts, chronic pain, HR doubting his medical leave, and managers whispering behind his back. He sued and won, and yet management kept right on retaliating against him until they finally fired him.

What does a $100,000 H-1B visa fee mean for American businesses?

Donald Trump's recent Proclamation raises the fee for foreign nationals seeking entry into the U.S. on an H-1B to $100,000. 

[T]he entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA ... is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000.

This restriction lasts at least 12 months, with only narrow "national interest" exceptions.

WIRTW #773: the 'free speech' edition

"Whoever would overthrow the Liberty of a Nation, must begin by subduing the Freeness of Speech; a Thing terrible to Publick Traytors."

— Benjamin Franklin, The New-England Courant, July 9, 1722.

"If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea offensive or disagreeable."
— U.S. Supreme Court, Texas v. Johnson (1989).

"The Thought Police would get him just the same. He had committed — would still have committed, even if he had never set pen to paper — the essential crime that contained all others in itself. Thoughtcrime, they called it. Thoughtcrime was not a thing that could be concealed for ever. You might dodge successfully for a while, even for years, but sooner or later they were bound to get you."
— George Orwell, 1984.

"Free speech is neither a privilege nor a partisan luxury. It's the oxygen of democracy. Without it, elections are hollow, dissent is branded illegitimate, or worse, and truth becomes whatever those in power decree. History shows that silencing speech is both the path by which authoritarians rise and the tool by which they endure."
— Jon Hyman, September 18, 2025.

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

Documentation + Process + Conduct = the three things you need to best bulletproof your termination decisions

How do you fireproof your workplace decisions from discrimination lawsuits? By doing exactly what Kent State University just did.

A transgender professor sued after being denied a leadership role and campus transfer, claiming sex discrimination. On appeal, the 6th Circuit affirmed the summary dismissal of the case, because the employer had its ducks in a row.

Here's what happened, and why the university won.

Outrage mobs shouldn't run your HR department. Employers need process, not panic, when the internet comes calling.

Outrage mobs shouldn't run your HR department. Yet Vice President JD Vance is urging the outrage mobs on. "When you see someone celebrating Charlie's murder, call them out and call their employer." That was his closing call to action as guest host of Charlie Kirk's podcast yesterday.

Plenty didn't need the nudge. Within 24 hours of Kirk's killing, employers nationwide—from media outlets to universities, airlines to retailers—were disciplining or firing staff over posts deemed "insensitive" or "celebratory" of his death.

A cottage industry of doxxing quickly formed. A site originally branded Expose Charlie's Murderers (since rebranded Charlie Kirk Data Foundation for obvious legal reasons) began cataloging names, employers, and posts. Activists like Laura Loomer pledged to ruin careers.

When does the workday begin and end for a remote worker?

With the rise of remote work, wage and hour laws have forced employers to grapple with what should be a straightforward question: When does a remote employee's workday actually begin and end?

In Lott v. Recker Consulting, the Southern District of Ohio offered a clear answer.

Kiara Lott and 130 of her fellow Patient Care Associates worked from home as call-center reps. Their day started with the familiar remote routine: coffee, logging in, Duo security, VPN, ADP timekeeping, Microsoft Teams, and then opening the phone system and workflow tools to handle patient calls.

They sued under the FLSA, claiming they weren't paid for the minutes spent booting up, logging in, authenticating, and later shutting down. The employer countered that all of that was non-compensable "preliminary" or "postliminary" time.

WIRTW #772: the 'drooly zerberts' edition

On this week's episode of The Norah and Dad Show, I check in with Norah as she kicks off her sophomore year of college. We talk about her experiences pledging a sorority, balancing two jobs, navigating classes, and how the dorm food is holding up.

It's a fun conversation about growth, responsibility, and finding your footing in year two of college life.

Below is a quick clip to whet your appetite.

You can listen 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.

'Come on you Gunners!' as pretext for discrimination?

My family are Gooners. For the uninitiated, that means we're Arsenal Football Club supporters. My 17-year-old son is the most passionate of the lot.

On a recent layover in an airport lounge, Donovan was wearing his Arsenal kit when a man walked by, pointed at the crest, and with a British accent said: "Oy, you got some dirt on your chest."

It took Donovan a minute to process. And then, barely missing a beat, he got up, walked over to the man, and asked, "Are you a Spurs fan?" ("Spurs," short for Tottenham Hotspur, Arsenal's North London neighbor and most despised rival.)

The man replied, "I am."

To which Donovan, at the top of his lungs, yelled: "PISS OFF!"

Then he turned and walked back to our table, leaving the man chuckling with his family.

Can we still trust the EEOC to enforce our anti-discrimination laws?

The EEOC exists to combat workplace discrimination. Employers depend on it for guidance, employees depend on it for protection, and its credibility is what makes civil rights law meaningful in the workplace.

That's why the recent allegations against the agency itself are so concerning.

Marc Seawright, a transgender man and the EEOC's former Director of Information Governance and Strategy, alleges in his recently filed EEOC charge that the agency instructed him to scrub every mention of LGBTQ+ identities from its outreach materials. The agency created these materials to help employers understand their obligations under Title VII as defined by the Supreme Court in the Bostock case. According to Seawright, his expertise is now being "leveraged to perpetuate discrimination against people like me."

SCOTUS just green-lit racial profiling. This is bad. Really, really bad.

The Supreme Court just gave ICE the constitutional thumbs-up to profile people based on race, national origin, language, job, or where they happen to be.

A lower court had blocked ICE from detaining people by relying on appearance, accent, or occupation as a proxy for immigration status. On appeal, the Supreme Court, through a shadow-docket order, lifted that injunction. In plain English, ICE can once again use these factors to decide whom to stop, question, and detain.

What would you do if ICE showed up at your door?

Last Thursday, nearly 500 federal, state, and local officers descended on Hyundai's under-construction EV battery plant. By the end of the day, 475 workers—most of them Korean nationals—were in custody.

The raid was massive: roadblocks, a boat fishing people out of a sewage pond, workers hiding in air ducts. Agents asked every worker for identifying information before clearing some to leave and detaining the rest. It was the largest single-site enforcement action in Homeland Security history.

Hyundai has said that some arrested were not its direct employees but contractors or subcontractors. Still, construction of the $5.5 billion facility is now halted. South Korea dispatched diplomats. Lawsuits will almost certainly follow.

WIRTW #771: the 'americana' edition

Should out to the best band in the land, Old 97's. On Wednesday they will receive a Lifetime Achievement Award at the 2025 Americana Awards & Honors in Nashville. This honor is so well earned. They are an alt-Americana pioneer who have been making great music with the same lineup since 1994. In my humble opinion, this is also long overdue. 

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

Does the NLRA protect the lone-wolf complainer?

When does the National Labor Relations Act protect as "concerted" the workplace complaints of a "lone wolf"? More often than you think.

In Miller Plastic Products, Inc. v. NLRB, A fabricator questioned whether the company at which worked early during the Covid pandemic was truly "essential." He challenged return-to-work protocols at an all-hands meeting and again later during a one-on-one with his manager, and urged a coworker with health risks to speak up. Days later, he was fired for "talking, attitude, and productivity."

Waxing philosophical: workplace speech vs. anti-discrimination law

Federal anti-discrimination laws protect people, not the content of their speech. Amy Wax, a Penn law professor (who, frankly, should have known better) just learned this lesson the hard way.

The law school disciplined her for what the it labeled "flagrant unprofessional conduct" stemming from a string of statements she made—some in the classroom, others in media—that denigrated racial minorities and others, including:

• Insinuating that Black people are inherently inferior to whites.
• Asserting the U.S. would be "better off with more whites and fewer nonwhites."
• Telling a Black colleague it's "rational to be afraid of Black men in elevators."
• Dismissing interracial marriage as misguiding advertising.
• Commenting on a podcast that Black women are "single moms with a bunch of guys who float in and out."
• Saying same-sex relationships are selfish and not about community or family.
• Claiming the country is better off with "fewer Asians" and describing them as resentful and envious of Western achievements.

Wax sued, claiming that punishing her for years of inappropriate racist, sexist, and homophobic statements was discrimination against her as a White Jewish woman.

WIRTW #770: the 'season 4' edition

This week marks the launch of season 4(!) of The Norah and Dad Show podcast.

Norah and I chat about our summer, which included a trip to Boston + a trip to Peniche, and her getting settled in for her sophomore year away at college. It also included some unwanted visitors getting to know Norah a little too well (which you can hear all about in the clip below).

As an aside, we had a great summer having Norah home. It is different having an adult-aged child, and I genuinely enjoyed getting to know my daughter as an adult and developing a different type of relationship with her. 10/10. Highly recommended.

You can listen to this full episode on Apple Podcasts, Spotify, YouTube, 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.

Marijuana legalization ≠ job protection

In Flannery v. Peco Foods, the 8th Circuit just provided a sharp reminder of how far the gap can be between what's "legal" for individuals and what's protected in the workplace.Flannery was fired after a drug test showed THC in his system. He said it came from CBD oil, pointed to the company handbook, and argued his levels were under the listed threshold. None of it mattered. He worked in an at-will employment state, and the court said plainly: employers can terminate "for good cause, no cause, or even a morally wrong cause."

That same lesson applies in Ohio, even after the state legalized recreational marijuana use last year and medical marijuana five years earlier.

Here's what Ohio law says about marijuana and employment:

Defending the "kitchen sink" discrimination lawsuit

Arnett Moore, a 51-year-old Baptist Black man, worked as a Division Manager for Avon. When Avon restructured, the company compared the performance of division managers in the region. Moore's numbers came in last. The decision-makers documented the process, applied objective sales data, and had multiple levels of approval. As a result, Avon fired Moore.

Moore then sued. First, he said Avon discriminated against him because of his disability or perceived disability Then he added sex. Then age. Then, race. And even religion. In the end, his complaint alleged six different forms of discrimination.

WIRTW #769: the 'slavery' edition

Donald Trump wants to make slavery great again.

In a rant on Truth Social, he fumed: "The Smithsonian is OUT OF CONTROL, where everything discussed is how horrible our Country is, how bad Slavery was… We are not going to allow this to happen.… This Country cannot be WOKE, because WOKE IS BROKE."

I can't believe I have to write this, but yes, slavery really was THAT BAD. Worse than bad. It was a centuries-long system of forced labor, racial terrorism, family separation, rape, murder, and dehumanization. It was chattel slavery—the commodification of human beings—on a scale unmatched in the Western world. It was, without exaggeration, the greatest moral stain on American history. Saying otherwise only displays your ignorance and bigotry.

Read the rest of this post at my Authoritarian Alarm Substack. (And while you're there, don't forget to subscribe.)

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

🚨 The Fifth Circuit Just Took Aim at the NLRB – And Potentially Every Federal Agency 🚨

This week, the Fifth Circuit handed down a decision in SpaceX v. NLRB that could fundamentally alter how federal labor law—and much of the administrative state—functions.

The court upheld injunctions blocking NLRB enforcement proceedings, ruling that the Board’s structure is likely unconstitutional because its members and administrative law judges are insulated from at-will removal by the President.

The 8th nominee for The Worst Employer of 2025 is … The Gender Corroborator

Policies on paper don't protect people. Training does. And this Buffalo Wild Wings location failed… spectacularly.

In April, 18-year-old Gerika Mudra went to dinner with a friend. When she went to the women's restroom, a server followed her in, banged on the stall door, and shouted: "This is a women's restroom. The man needs to get out of here."

Gerika—who is a biracial lesbian, not transgender—came out and said, "I am a lady." Instead of apologizing, the server doubled down: "You have to get out now." Feeling she had no other way to be believed, Gerika unzipped her hoodie to show she had breasts. Only then did the server leave. She has now filed a charge of discrimination against the restaurant

Your contracts are a culture test

Contracts are a culture test. This winery failed.

This summer, my daughter, a singer/songwriter, had a contract to perform four gigs at a local winery. She played the first three. Then, the winery's GM emailed her to say they were "going in a different direction" with their music and her "vibe no longer fit." He canceled her fourth gig.

Here's the problem: The contract (their contract; they proposed it and drafted it) only allowed them to cancel for "unforeseen circumstances." Changing the "vibe" plainly doesn't qualify. She politely pointed that out in an email response and asked when to expect payment. Crickets. For over a week.

Appeal court guts protections against customer harassment

Thanks to the 6th Circuit, customer-facing employees are now a whole lot less safe at work.

Dorothy Bivens worked as a sales rep for Zep, Inc. A few months into the job, she visited a motel client. The client's manager locked his office door, asked her out twice, and only let her leave when she said no. She reported it to her supervisor, who reassigned the account so she'd never have to see that customer again. A short time later, Zep cut her position in a COVID-era reduction in force. She then sued for hostile work environment, retaliation, and race discrimination.

The 6th Circuit just tossed all her claims. The retaliation and race claims fell apart for lack of proof the decision-makers knew about her complaint or targeted her for her race. But the headline here is the harassment claim.

When your supervisor flips to Team Union…

Rising Star Coffee Roasters is in the middle of a full-blown labor meltdown—protests, police, firings, a closed store. And right in the thick of it? At least one supervisor who decided to stand shoulder-to-shoulder with the employees attempting to unionize.

That's not just awkward; it's dangerous for an employer. But the employer isn't without remedies. They just have to exercise them with care.

Under the NLRA, supervisors aren't covered “employees” and have zero legal protection to engage in union activity. You can discipline or terminate them for it, as long as you're not punishing rank-and-file employees in the process. The law sees them as management. When they cross the line, they're not "organizing," they're undermining the company from inside the chain of command.

WIRTW #768: the 'Peniche' edition

If you find yourself traveling through Portugal, don't overlook Peniche. This coastal town—set on a peninsula that juts into the Atlantic—is the westernmost city in continental Europe. Peniche is best known for four things: fishing, scenic vistas, surfing, and its long, wide, beautiful beaches. It also happens to be one of my favorite places in the world. 

Just an hour north of Lisbon and two hours south of Porto, Peniche makes an ideal stopover for a few days of relaxation between the two (as we did on our first trip to Portugal) or a beach vacation in its own right (as we did on our most recent visit).

Here are my suggestions for the top 7 things to do in and around Peniche:

1. Take a day trip to Berlenga Island: Hop on a boat to this stunning nature reserve, a UNESCO biosphere reserve,  for hiking, snorkeling, and exploring the 17th-century São João Baptista fort.

2. Wander the medieval streets of Óbidos: Step back in time in this charming walled town, known for its cobblestone alleys, whitewashed houses, and ginja, cherry liqueur served in chocolate cups.

3. Walk the rugged trail to Ilha do Papôa: Explore this small, rocky island connected by a narrow land bridge, offering stunning views, dramatic cliffs, and a touch of wild isolation just steps from town.

4. Catch world-class waves at Supertubos Beach: Peniche’s legendary surf spot known for its powerful barrels and international surf competitions. It's also much calmer in the summer, and there are dozens of surf schools that will teach any beginner. (Or, just walk the beach and watch others tempt the surf.)

5. Visit the Fort of Peniche: Explore this historic fortress-turned-political-prison that now serves as a powerful museum of Portugal's resistance to dictatorship.

6. Stroll the scenic cliffs at Cabo Carvoeiro: Marvel at dramatic ocean views and unique rock formations at Peniche’s westernmost point, which is even better when the sun is setting.

7. Explore the open-air art of Buddha Eden: 25 minutes from Peniche, you can stroll through acres of peaceful gardens filled with giant Buddha statues, contemporary sculptures, beautiful flora, and peacocks (so many peacocks) in Europe's largest Asian garden.

Bonus tip: Drive five minutes north up the coast along Baleal Beach, and eat brunch or lunch at Tugo's. The sandwiches and salads are the best around and the chill vibe blends well with the beach-town atmosphere. Ask for Hugo and tell him that Jon from Ohio sent you.

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

It's wrong. It should have never been said. But is it illegal discrimination?

"Old man, you been here longer than I've been alive. Are you ready to retire?"

Kenneth Lowe had worked at Walbro for over 40 years. In 2018, at age 60, he was fired. According to the company, his position as Area Manager was no longer needed. According to Lowe, it was age discrimination.

He sued, claiming his supervisor had made several age-related comments, including the one above, which was said during a ceremony celebrating Lowe's 40th work anniversary. Lowe said his boss also made other comments like "let the old guy do it," and "are you losing a step?"

At trial, the jury bought it. They gave Lowe over $2.3 million in damages. But the judge threw out the verdict and entered judgment for the company instead. The 6th Circuit just affirmed.

🚨 You can't ask that: Disability questions in hiring 🚨

Yesterday, a commenter noted on LinkedIn that many individuals with disabilities suffer in silence at work because they're afraid to disclose their disability during the hiring process—worried it might get them screened out. "There are dueling incentives for claiming or not claiming a disability, and the pendulum has swung hard towards staying as masked as possible if you don't want to end up in application purgatory," he wrote.

I wholeheartedly disagree. It is 100% illegal to ask an applicant this question in a job interview: "Do you have any medical conditions we should know about?" It's a per se ADA violation and a lawsuit waiting to happen.

Just because an employee says he has a disability doesn't mean he actually does

The University of Nebraska fired James Trambly, an IT support specialist, for violating university policy by removing a hard drive from a university-owned computer without authorization. The termination followed a year of documented performance issues—poor communication, overstepping into colleagues' work, visible frustration, interrupting clients, and spending excessive time on service calls.

After his termination, Trambly sued for disability discrimination and retaliation, claiming the university was aware of his "mental impairment": attention deficit/hyperactivity disorder (ADHD).

WIRTW #767: the 'cerveja' edition

When part of your business involves providing legal representation to craft breweries, even vacation means finding a beer garden where you can sit, relax, and sample the local brews.

Saúde to Letaria, a craft brewery tucked inside Óbidos, Portugal—a 12th-century walled town that feels straight out of a fairytale. The beer was excellent, and the quiet beer garden offered the perfect escape from the bustle of a crowded summer weekend in this popular tourist hub.

If you ever find yourself there, don't skip the ginja, a sour cherry liqueur served in chocolate cups and sold all over town. It's as fun as it is delicious.

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

Breaking down the proper way to handle an extended medical leave of absence

I spend a lot of time calling out employers who mishandle workplace issues. Today, I'm highlighting one that got it right.

Leanna Coffman was a Nexstar Media employee who suffered serious pregnancy-related complications and took 12 weeks of FMLA leave after giving birth. When her FMLA leave expired, Nexstar continued to provide support—giving her months of additional time off and approving her short-term disability benefits.

But when she still couldn't return to work six months after going out on leave, and also couldn't provide a clear return date, Nexstar made the difficult decision to terminate her.

So she sued for discrimination and FMLA retaliation. She lost on all counts. Why? Because Nexstar handled this situation correctly. They followed the law, communicated clearly, documented their decisions, and gave Coffman much more than the law required.

The Feds say that proselytizing at work is okay, but it shouldn't be

"The power of Christ compels you!" … could soon be coming to a workplace near you.

The Trump administration has issued new guidance allowing federal employees to display religious items at their desks, pray in groups off the clock, and even try to convert their coworkers.

You read that right. Government employees can now "attempt to persuade others of the correctness of their own religious views" and "encourage their coworkers to participate in religious expressions of faith, such as prayer, to the same extent that they would be permitted to encourage coworkers participate in other personal activities," so long as it's not "harassing in nature."

The 6 hard truths of litigation

I pay my mortgage and my kids' school tuition thanks to how long lawsuits take and how expensive they are.

Still, we need to have a frank conversation about exactly that: how long lawsuits take, and how much they cost.

Xerox just ended a 13-year legal saga with a $9.1 million settlement to a class of 5,700 call center employees. The lawsuit challenged the company's Achievement-Based Compensation plan, which paid employees by task and offered bonuses to meet minimum wage thresholds—but didn't cover time spent logging in, waiting between calls, or doing other required non-task work.

Think about that. Years of disruption. Thousands of work hours lost to discovery, motions, depositions, hearings, and appeals. Millions in legal fees. All to land on a settlement that isn't remotely material to a $7 billion company.

WIRTW #766: the 'empathy' edition

Forty years ago this week, the world came together. On July 13, 1985, Live Aid united millions across borders—not out of politics, but out of compassion. No cynicism. No culture wars. Just humanity responding to suffering.

Can you imagine that happening today?

In a time when empathy is mocked as weakness and "America First" is used to justify indifference, we need to remember what real leadership—and real decency—looks like.

Over at my Substack, I share what Live Aid teaches us about the power of compassion—and why rediscovering it may be our best hope against rising authoritarianism.

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

Strollers and stouts can coexist: making the case for family-friendly breweries

There's a growing trend in craft beer: no kids allowed.

Forest City Brewery, for example, recently banned guests under 16. They cite too many safety issues involving unsupervised toddlers and distracted parents.

They're not alone. Breweries across the country are shifting to adults-only policies… or at least adults-only hours.

I get it. Staff shouldn't have to dodge strollers or play babysitter. And if someone really pulled out a travel potty in the middle of a taproom (as one brewery reported)? Yikes! That's not just inappropriate; it's gross.