The 7th nominee for the “Worst Employer of 2023” is … the pretend priest

"Forgive me Father, for I have sinned. Twice I asked a co-worker to punch my time card to cover my tardiness; once I called off sick when I was really playing golf; and I spoke to a Department of Labor investigator about my belief that I haven't be paid correctly."

Pursuant to a consent judgment with the Department of Labor, Che Garibaldi Inc., the operator of Taqueria Garibaldi, has agreed to pay $140,000 in back wages and damages to 35 employees based on claims that the employer used a fake priest to coerce confessions from employees and then used that information to retaliate against them.

WIRTW #675: the “all I ever wanted” edition

Vacation, all I ever wanted

Vacation, had to get away

The Go-Go's had a point. 

Tomorrow, I leave for my own vacation, one that I've waited three long years to take. We depart for two weeks in Portugal. I'll be back to regular posting on June 19, with photos to share and lessons learned during my travels.

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

10 ways to support your LGBTQ employees #pride

Today is the first day of Pride Month. June might be Pride Month, but your business should commit to and support its LGBTQ employees 24/7/365. Here are 10 ideas that incorporate this inclusion and demonstrate your support of your LGBTQ workers.

NLRB General Counsel Jennifer Abruzzo just obliterated non-compete agreements (maybe)

In my view, the proffer, maintenance, and enforcement of a non-compete provision that reasonably tends to chill employees from engaging in Section 7 activity … violate Section 8(a)(1) unless the provision is narrowly tailored to special circumstances justifying the infringement on employee rights.

With that sentence from NLRB General Counsel Jennifer Abruzzo's just-published memo — entitled, Non-Compete Agreements that Violate the National Labor Relations Act — Ms. Abruzzo sent employment lawyers (including this employment lawyer) scrambling to understand exactly what she said and what she means.

Here are 11.25 million reasons to settle a lawsuit

Before I will bless a client's decision to terminate an employee, I always ask this question: "Tell me about the demographics — race, sex, age, known disability, etc. Did they complain about something at work and when? If I go through your personnel records, will I find someone outside of the to-be-terminated employee's protected class whom you've treated better?"

Here's why I ask that question.

WIRTW #674: the “dogs” edition

Meet Loula and Dante, our dogs. 

They have a lot in common. They're both vizslas. They are both from the same breeder (whom I cannot more highly recommend for the care he puts into his own dogs, his puppies, and his puppies' owners). And they share the exact same birthday, May 8, albeit 7 years apart (Loula just turned 11, Dante 4).

One more thing they have in common — they are in the running for Cleveland's Cutest Pet. 

Here's my ask for all of you, my loyal, devoted, and appreciative readers. Click this link and vote for Loula and Dante. They would really love it. (I would, too.)

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

Pro tip: don’t monkey with an employee’s “regular” hourly rate to avoid overtime obligations

Let's say you have an employee who works 40 hours per week at the rate of $13.00 per hour. Now let's say that same employee needs to start working 20 hours of overtime per week to meet your needs. You still, however, want that employee to earn to same effective rate of $13.00 per week, so you reduce the employee's straight-time hourly rate of $11.15. When the need to work overtime ends, you then return the employee to the original $13.00 rate. Is the reduction of the employee's base hourly rate legal under the Fair Labor Standards Act? 

According to the 11th Circuit in Thompson v. Regions Security Services, the answer is "not unless you want a jury to decide the legality of your pay practices under the FLSA."