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.

---

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!

---

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