Wednesday, January 22, 2025

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.

Tuesday, January 21, 2025

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.

Friday, January 17, 2025

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.


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

Thursday, January 16, 2025

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.

Wednesday, January 15, 2025

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.

Tuesday, January 14, 2025

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:

Monday, January 13, 2025

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.

Friday, January 10, 2025

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.




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

Thursday, January 9, 2025

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.

Wednesday, January 8, 2025

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.

Tuesday, January 7, 2025

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 Rahdia Green 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.

Green, 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 Green's years of relevant experience working in similar roles at other gyms.

Monday, January 6, 2025

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.

Friday, December 20, 2024

’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.

* * *

Thursday, December 19, 2024

The Worst Employer of 2024 is…


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

Tuesday, December 17, 2024

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.

Monday, December 16, 2024

"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.

Friday, December 13, 2024

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.



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.



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

Thursday, December 12, 2024

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:

Tuesday, December 10, 2024

🚨 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.

Friday, December 6, 2024

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?



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