A Veterans Day primer on USERRA

Every November 11, we pause to honor the men and women who've worn our nation's uniform. But beyond parades, flags, and "thank you for your service," there's another way employers can show real respect — by understanding and complying with USERRA, the Uniformed Services Employment and Reemployment Rights Act.

USERRA protects employees who serve in the military — whether active duty, National Guard, or Reserves — from discrimination and retaliation because of that service. It also guarantees their right to be reemployed when they return from duty.

The law is simple in principle but often mishandled in practice. Here are a few key reminders.

WIRTW #779: the 'fell in love with a band' edition

On August 10, 2001, I fell in love with a band.

I was at the Beachland Ballroom with my college roommate, who was in town visiting. He'd heard about an up-and-coming two-piece calling themselves The White Stripes and suggested we check them out.

When the first few chords of Dead Leaves and the Dirty Ground crashed through the speakers, I was hooked — instantly.

From that moment, with the raw, simple thunder of Jack and Meg White, something clicked. It was love at first note, and I fell hard. I've since passed that love on to my daughter, Norah, with whom I share a deep musical kinship (and to whom I proudly gave impeccable taste in music).

This Saturday, The White Stripes will be inducted into the Rock & Roll Hall of Fame. And it feels not just appropriate, but inevitable. They didn't just ride a trend — they created one. As the Hall itself notes, they "reinvigorated rock & roll by returning it to its primal blues roots, proving that a duo with unique style could captivate."

That night at the Beachland changed how I heard music. I was lucky enough to see The White Stripes live four times before they disbanded, and Jack many more times across his various projects. I even had an unforgettable chance encounter with him in the House of Blues' Foundation Room before a Raconteurs show.

But that first show is etched. It was the beginning of a relationship that forever changed how I listen.

When their induction happens — with or without the notoriously reclusive Meg, with or without an on-stage reunion — I'll be thinking of that August night at the Beachland. I'll be thinking about how a two-piece from Detroit rewrote what live rock could feel like. And I'll be thinking about sharing that sound with my daughter, and what it means to pass that love on.

Read more about the band and their induction:

• The White Stripes join the Rock & Roll Hall of Fame − their primal sound reflects Detroit's industrial roots — via The Conversation
  
• Meg White's Drumming Spoke Louder Than Words — via The New York Times
• It's Long Past Time to Give Meg White Her Respect — via Rolling Stone
• Conan O'Brien To Join White Stripes Reunion? — via Alternative Nation

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

6th Circuit says no to NLRB's Thryv remedies

This is what it looks like when you win the litigation battle but lose the war.

Hannah Whitbeck worked as a shift supervisor at a Starbucks. She helped lead a union campaign, and a few months later, Starbucks fired her for leaving one employee alone in the store — a safety violation. The NLRB said that reason was pretext and that she was really fired because of her union activity. Yesterday, the 6th Circuit agreed.

But here's the BUT. While the appellate court agreed that Starbucks unlawfully fired a union organizer, it also held that the NLRB had seriously overstepped its authority when it awarded her significant monetary consequential damages.

Understanding the 'duties test' of the FLSA's administrative exemption

Your employees probably aren't as important as they think they are.

That's not mean. It's just the Fair Labor Standards Act talking.

One of the more misunderstood parts of the FLSA's administrative exemption — the one that supposedly covers "office" workers — is which officer workers it actually covers. The test sounds deceptively simple: to be exempt, an employee must exercise discretion and independent judgment in matters of significance to the business. Most people with a desk, a computer, and a job title ending in "coordinator," "specialist," or "administrator" think they qualify.

Spoiler: they don't.

Salaried doesn't always equal exempt

Just because an employee is paid a salary does not mean they are exempt from overtime.

I came across this question on Reddit:

"I work at a small logistics company—about 10 of us total. I'm the person handling invoices, shipments, and customer calls. My title sounds fancy ('operations associate'), but I don't manage anyone. Lately, I've been doing 55–60 hour weeks because we're short-staffed, but when I asked about overtime, my boss said, 'you're salaried, so that doesn’t apply.' Am I actually exempt just because I'm salaried? Or is my company taking advantage of that label?"

One of the biggest myths in wage and hour law is that being paid a salary automatically makes you exempt from overtime

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

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

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

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

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

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

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

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

This is why DEI gets demonized

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

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

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

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

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

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

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

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

Correcting the press: unpaid leave after the FMLA expires

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

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

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

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

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

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

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

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

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

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

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

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.