Some cases hit harder than others. This is one of them. A Hamilton County, Ohio, jury just tagged Total Quality Logistics with a $22. 5 million verdict. The reason? It refused to let a pregnant employee work from home—despite two doctors' orders—and ...
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The 3rd nominee for the Worst Employer of 2026 is … The Dead Baby

Some cases hit harder than others. This is one of them.

A Hamilton County, Ohio, jury just tagged Total Quality Logistics with a $22.5 million verdict. The reason? It refused to let a pregnant employee work from home—despite two doctors' orders—and her baby died as a result.

Let that sink in.

Chelsea Walsh had a high-risk pregnancy. After an emergency procedure, her doctor ordered modified bed rest and remote work. Not optional. Not a suggestion. A medical directive aimed at keeping her pregnancy viable.

She did what employees are supposed to do. She asked.

Her employer said no. Not once. Repeatedly.

Even after a second doctor confirmed that working from home was necessary to prevent further complications, the company held the line. Come into the office. Or don't work at all.

Only after a third party intervened did TQL finally relent and allow remote work. But it was too late. Later that same day, Walsh suffered complications and delivered her daughter, Magnolia, at 20 weeks. The baby lived only a few hours.

A jury heard those facts and concluded that this wasn't just bad judgment, it was negligence that cost a life.

TQL says it "disagrees with the verdict" and is "evaluating legal options." Of course it does. What else was it supposed to say after a jury called them out for an indefensible decision.

Here's the part employers need to understand: this wasn’t a close call.

A pregnant employee. A documented medical condition. Two doctors saying "work from home." And a job that could have been done remotely. This is textbook reasonable accommodation territory.

Instead, TQL chose rigidity over humanity, control over common sense, and policy over people.

And now it owns a $22.5 million reminder that those choices have consequences.

If you're an employer still treating accommodation requests like inconveniences to be managed instead of obligations to be met, pay attention. Juries are. Which makes this an easy call for the latest nominee for the Worst Employer of 2026.

Employers can't outsource discrimination to an algorithm

AI is new and shiny. Employment law is not.

Mobley v. Workday proves the point. The court concluded that employers don't get to outsource liability just because they've outsourced the tool to an AI vendor.

The plaintiffs, a nationwide class of job applicants over the age of 40, allege that employers' use of Workday’s AI-driven screening tools discriminates on the basis of age. Whether those claims ultimately stick is a question for another day. But the legal framework governing them is old, settled, and very familiar. Discrimination is discrimination—whether it's carried out by a hiring manager, a spreadsheet, or an outsourced algorithm.

What would have been surprising is the opposite outcome—if the court had said, "Not your problem, employer, your vendor did it." That's not how employment law works. It never has been.

If your hiring process produces a disparate impact, you own it. Full stop.

This case—and others like it percolating through the courts—should recalibrate how employers think about HR tech. AI doesn't create new legal obligations. It just exposes how seriously you're taking the ones that already exist.

So what should you be doing now?

Start with your contracts. If you're relying on a vendor's AI to source, screen, or rank candidates, you need to understand exactly how liability is allocated. Who is indemnifying whom? For what claims? With what caps and carveouts? "Trust us" is not a risk mitigation strategy.

Next, build audit rights into those agreements—and use them. You should have the contractual ability to test your vendor's tools for disparate impact and to obtain meaningful information about how those tools function. If you can't evaluate it, you shouldn't be using it.

Also, don't treat AI as a black box. You don't need to code it, but you do need to understand how it's trained, what data it relies on, and where bias might creep in. Speed and efficiency are great. Not at the expense of compliance.

Finally, own the outcomes. If a tool flags—or filters out—candidates, that's your hiring decision. Regulators and courts aren't going to draw a distinction between "human" and "machine-assisted" discrimination.

AI may be the new frontier. The rules governing it are not. Ignore that at your peril.

WIRTW #793: the 'Waterloo Sunset' edition

Last Friday in Covent Garden, a street performer pulled me into his act.

"Where are you from?"
"America."

The boos came right on cue. Not playful. Not ironic. Real boos. Not from everyone—but from enough to feel it.

And yes, I knew they were coming. Anyone paying attention to how the world currently sees the U.S. knows. Still, hearing it live hits differently. It stings. Because I hate being cast as the villain—especially when I oppose with every fiber of my being everything that America has become since January 20, 2025.

But in that moment, none of that mattered. I wasn't me. I was "America."

That's the point.

The rest of the world isn't parsing our politics the way we do. They're not distinguishing between voters and non-voters, between MAGA and anti-MAGA. They see the country. Full stop.

The passport does the talking—and right now, it's not saying anything flattering.

To be clear, that moment wasn't my overall experience. Over six days in London, everyone we met was warm, welcoming, and eager to talk. And when the conversation turned to U.S. politics, the reaction was universal: They hate Trump. Not politely. Not abstractly. Viscerally.

But here's the uncomfortable truth: even when people separate you from the politics in conversation, the reputation still sticks at a distance. Countries are judged by what their governments do. Period.

And when a nation elects leaders who attack democratic norms, cozy up to authoritarians, alienate allies, and uproot the world order without thought or care for the global consequences, the world doesn't carve out exceptions for those who voted the other way.

They just see the country. Which means we carry it—all of us.

That's frustrating. It's unfair. It's also reality.

For a long time, Americans treated politics as a domestic sport. Something that affected us internally. Not anymore. The damage is global. And it shows up in small, uncomfortable moments—like a crowd booing when you say where you're from.

That moment wasn't about me. It couldn't have been. They didn't know me. All they knew was that I'm American—and that alone was enough, because their reaction was about what "America" currently represents.

Reputations aren't permanent. They're earned. They can be lost. And, with hard work, they can be regained. If we don't like how the world sees us right now, there's only one way to change it. We don't get to shrug it off. We don't get to pretend it's not our problem. It is our problem. And it's time we started fixing it.

* * *

To hear a full recap of our Spring Break (or Spreak, as my daughter calls it) adventure in London, tune into this week's episode of The Norah and Dad Show, available via Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, your browser, and everywhere else you get your podcasts.



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




Target, Boycotts, and Diversity — via The Chief Organizer Blog


Our Favorite Management Tips on Leading with AI and AI and the Entry-Level Job — via Harvard Business Review






Lawsuits aren't lottery tickets. Or at least they shouldn't be.

Too often, plaintiffs' lawyers file thin, borderline frivolous employment claims hoping for a quick nuisance-value settlement. The math is simple: it's cheaper for an employer to pay a few thousand dollars to make a case disappear than to spend tens (or hundreds) of thousands defending it.

And yes, sometimes that works. The business case often just makes sense for businesses.

But not always. Plenty of employers—especially those who believe they've done nothing wrong—will dig in and fight. Hard.

That's where the real disservice to the employee begins.

Even on a contingency fee ("you don’t pay unless you win"), litigation isn't free. Filing fees. Deposition transcripts. Expert costs. E-discovery. Those expenses add up, and they don't magically disappear just because the claim is weak. And if the employer wins on summary judgment or at trial, it can seek to recover its costs from the plaintiff—along with attorneys' fees where a statute or agreement allows.

Moreover, a lawsuit can poke a sleeping bear. An employer that might have shrugged and moved on suddenly has a reason to scrutinize everything—including an unemployment claim. If the employer contests and wins, the employee may be on the hook to repay benefits already received. For a low-wage worker living paycheck to paycheck, that clawback can be financially devastating.

All for a case that never had real merit to begin with.

Everyone deserves their day in court. But a day in court means something. It's not a bargaining chip. It's not a shakedown dressed up in legal briefs. When lawyers file cases they know are weak, it's extortion with a filing stamp on it.

So, to business owners: stop reflexively writing the nuisance check. When you settle a bad case, you don't just pay to make one problem go away—you advertise that the strategy works. Fight the ones that deserve to be fought. Make the calculus harder.

Because the best way to discourage this practice is to make sure the math stops working.

5 steps for an employer to win an off-the-clock overtime claim

Jerry Merritt, an agency manager for the Texas Farm Bureau, claimed 816 hours of unpaid overtime. Even assuming he had been misclassified as an independent contractor, he still lost.

Here's why.

Merritt ran his role with near-total autonomy: He set his own schedule. He chose how much to work or not work. He didn't track or report hours because the company paid him on a commission (over $500k/year).

Even assuming he was an employee entitled to overtime, he still had to prove one thing:

👉 His employer knew—or should have known—he was working overtime.

A jury said no. The 5th Circuit agreed.

The key rule upon which the court relied: No knowledge = no overtime liability.

Merritt argued: "You let me work as much as I wanted."
Not enough. Flexibility ≠ knowledge.

He argued: "You didn't track my time."
Still not enough. Lack of records ≠ constructive knowledge.

He argued: "I didn't have to tell you when I was working."
Wrong. How else was the employer to know he was working.

Step back and look at the result:
Misclassification (assumed)
Significant overtime
No time records
…and the employer still wins. Because it lacked actual or constructive knowledge.

Before anyone gets the wrong idea, this case is not a green light to ignore timekeeping. It's a reminder of where the real risk lives. Most employers don't lose overtime cases because they lacked knowledge. They lose because the facts show they should have had it. That's the difference between winning and writing a check.

If you want to stay on the right side of that line, here are a few practical takeaways:

First, make it crystal clear that employees must report all time worked. Not some. Not "approved" time. All of it.

Second, train your supervisors and managers. If they see employees working late or through lunch, responding to emails after hours, or grinding through weekends, they can't just shrug and move on. That's how "we didn't know" turns into "you should have known."

Third, pay for the time that gets reported—even if it violates policy. You can discipline the violation. You can't withhold wages.

Fourth, don't build a culture that quietly discourages overtime reporting. Courts see right through that.

Fifth, and finally, be careful with autonomy. It helped this employer because the independence was real. No oversight, no visibility, no reason to track hours. But autonomy won't save you if it's just a convenient way to avoid looking too closely.

You're responsible for what you know. You're also responsible for what you should know. But you're not automatically responsible for what an employee chooses to do—on their own, without telling you, and without giving you any reason to suspect it's happening. That distinction made all the difference here.

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