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 ...
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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.

If you run a manufacturing, logistics, distribution, or warehousing operation, this story should scare you. "Walking time" and "off-the-clock" wage claims are dangerous, expensive to defend, and even more expensive to resolve.

I put together a new guide — "Best Practices to Prevent Off-the-Clock Wage Claims" — that walks through 11 practical steps to help keep you compliant and out of court. 

Download the guide here.

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.

Here are five lessons for employers.

1. Harassment by non-employees is still your problem.
Whether it's a customer, resident, or vendor — if an employee reports harassment, you have a duty to act. "That's just how they are" is not a defense.

2. Don't laugh off complaints.
The manager who found a security video of one of the assaults "funny" didn't just show poor judgment. She gave the plaintiff Exhibit A in proving her case.

3. Train and empower managers to respond.
If your frontline supervisors don't know what to do with a harassment complaint, you're one complaint away from liability.

4. Documentation and action matter.
The employer here ignored repeated reports, took no corrective action, and offered no protection. Juries notice and punish accordingly.

5. Culture starts at the top.
When leadership signals that employee safety and respect aren't priorities, the entire organization pays the price (in this case, literally).

This case is an expensive lesson on workplace harassment compliance. Sadly, it won't be the last.

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.

The bank denies wrongdoing, saying the claims are "without merit." It also points out that both the DOJ and SEC closed their investigations without taking action. Still, the company is choosing to settle "in principle."

The problem, however, is that when companies treat DEI like PR, not principle, when they reduce inclusion to metrics, quotas, and headlines, they don't just invite lawsuits. They hand ammunition to those who already want DEI gone.

The fallout hurts everyone. The good-faith work that thousands of HR professionals and leaders do every day to build fair, inclusive workplaces gets undermined by high-profile stories like this. And suddenly, DEI isn't seen as opportunity. It's seen as optics.

DEI shouldn't be theater. It should be culture.

It should be real hiring, real belonging, and real accountability.

That's how you keep DEI from becoming another headline about why DEI "doesn't work" or is "just another form of discrimination."

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!



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

In-House Counsel Fired After Racist Rant Goes Viral — via Above the Law

Planning a "Realistic" Active Shooter Drill? Don't. — via Dan Schwartz's Connecticut Employment Law Blog


Can getting "canceled" be discrimination? Not in this case. — via Eric Meyer's Employer Handbook Blog

Unions Gain Steam in White Collar Jobs — via Joe's HR and Benefits Blog

1984 Doublespeak 2025 Style — via The Chief Organizer Blog

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.

According to the According to the Milwaukee Journal Sentinel's reporting on this firing: "Although unfortunate, Kaplan's firing was likely legal…. No laws prevent an employer from terminating an employee once their FMLA expires, regardless of the severity of their disability."

That is very incorrect. Here's where the ADA comes in, because this story isn't just about the FMLA.

Too many employers treat FMLA like a hard stop. Twelve weeks are up, the protection's gone, and that's the end of the story. But it's not the end, at least, not if the employee's medical condition qualifies as an ADA-disability (and stage-four cancer certainly does).

Once FMLA ends, the ADA takes over, and the ADA requires employers to engage in an interactive process to figure out if there's a reasonable accommodation that might help the employee get back to work. That process should always include considering whether a short, finite period of additional unpaid leave might do the trick.

The ADA never requires employers to offer an indefinite leave. But when someone's fighting cancer and says, "I just need a few more weeks or a couple of months before I can physically come back," the law expects the employer to at least have that conversation, and document it.

Skipping that step and just pulling the trigger as soon as the FMLA runs out is not just harsh, it's also potentially unlawful under the ADA.

The FMLA is the floor, not the ceiling. While the FMLA acts as a 12-week stopwatch, it's not the only law that applies. Compliance doesn't end at 12 weeks, it just evolves into a dialogue about what's possible and what's reasonable.

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