WIRTW #759: the 'HBD' edition

🎉 My blog is officially an adult. Last week, it turned 18 years old.

On May 9, 2007, I hit "publish" on my very first post. It was about a Supreme Court retaliation case, because of course it was. It's fascinating to see how my tone and style have matured (or, perhaps more accurately, immatured) over the years.

Fast forward to today: 4,470 posts later, and this blog is somehow still going strong. That's:
✅ Millions of words on employment law
✅ Hundreds of stories about HR disasters

✅ 759 "What I Read This Week" lists
✅ Dozens of "Worst Employer" nominees
✅ Too many musical references no one asked for

When I started, blogs were cutting edge. LinkedIn barely existed. Twitter was a baby. AI was still science fiction. And I honestly didn't know if anyone other than my dad would read this thing. (He still does.)

Eighteen years in, the blog has given me a platform, a voice, and a way to connect with readers, clients, reporters, and colleagues around the world. It's also brought me lasting friendships and provided a much-needed creative escape from the daily grind of practicing law.

Thanks to everyone who's read, shared, commented, or said, "Hey, I actually like reading legal content." You’ve kept me writing—day after day, week after week, year after year.

Here's to the next 18!

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

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Managing employees' food allergies and preferences in the workplace

One employee is vegan. Another is allergic to shellfish. Another is lactose intolerant. Another has Celiac disease and can't eat gluten. And yet another is kosher. You're hosting a company lunch. What do you have to accommodate, and what should you accommodate?

Let's start with the law:

The Stanley Cup of social media screwups

"Eat s--- 51st state anti-semite loser. Israel now and forever. Until every last Hamas rat is eliminated."

That's what Doug Cifu, vice chairman and minority owner of the Florida Panthers, posted to X in a heated exchanged with a fan of the Toronto Maple Leafs (the Panthers' current playoff opponent).

It's also what just earned Cifu an indefinite suspension from the NHL—for conduct detrimental to common sense. The NHL called Cifu's posts "unacceptable and inappropriate." That's legalese for, "What were you thinking?!"

Faith, fetus photos, fired: How Title VII grounded a Southwest termination

"This is what you supported during your Paid Leave with others at the Women's MARCH in DC… You truly are Despicable in so many ways."

That's one of several messages Charlene Carter, a Southwest Airlines flight attendant, sent to her union president—this one accompanied by a graphic photo of an aborted fetus.

Southwest fired Carter for violating its Workplace Bullying and Hazing Policy and Social Media Policy. Carter sued, claiming religious discrimination—that she sent those messages because the union's support of "women’s rights" conflicted with her religious beliefs about abortion.

WIRTW #758: the 'craft' edition

Ohio showed up and showed out at last week's World Beer Cup in Indianapolis. 

The World Beer Cup — the most prestigious beer competition in the world—is dubbed "the Olympics of beer." Organized by the Brewers Association, the now annual event has been held since 1996 in conjunction with the Craft Brewers Conference. 

This year's competition drew 8,375 entries from 1,761 breweries and cideries representing 49 countries. Medals—Gold, Silver, and Bronze—were awarded across 117 categories.

Ohio breweries earned a total of 11 medals, including three for local favorite Fat Head's: two Golds and a Silver. Impressively, Fat Head's has medaled at every World Beer Cup since 2012—a streak that, according to my research, no other brewery in the world has matched.

You can watch the 2025 awards ceremony here and view the full list of winners here. Next year’s World Beer Cup will be held on April 23 in Philadelphia.

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

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Your trade secrets just walked out the front door … and you might have held it open: Generative AI and trade secrets

No employee—except the rare bad actor—means to leak sensitive company data. But it happens, especially when people are using generative AI tools like ChatGPT to “polish a proposal,” “summarize a contract,” or “write code faster.” But here’s the problem: unless you’re using ChatGPT Team or Enterprise, it doesn’t treat your data as confidential.

According to OpenAIs own Terms of Use: “We do not use Content that you provide to or receive from our API to develop or improve our Services.”

But don’t forget to read the fine print: that protection does not apply unless you’re on a business plan. For regular users, ChatGPT can use your prompts, including anything you type or upload, to train its large language models.

Corporate ethics start at the top

Kohl’s just gave its CEO the boot for violating the company’s code of ethics.

Why? Because he funneled business to a vendor run by someone he was romantically involved with—and failed to disclose the relationship. The deal came with unusually favorable terms, including a multi-million-dollar consulting agreement. The board found out, and now he’s out of a job. He’ll also forfeit his equity awards and repay a prorated portion of his $2.5 million signing bonus.

But this isn’t just about one executive’s bad judgment. It’s a cautionary tale about what happens when leaders forget that trust, transparency, and ethics aren’t optional. If you’re running a business, you can’t afford to wing it on conflicts of interest. You need structure. You need clarity. And you need a culture that doesn’t look the other way.

Don’t eat the chicken (yet): A lesson in workplace investigations from a Portuguese rooster

In Portugal, one of the most iconic national symbols isn’t a monument or a monarch—it’s a rooster. The Galo de Barcelos. (Stay with me. This will relate back to the workplace before we’re done.)

Legend has it that a Spanish pilgrim on his way to Santiago de Compostela was wrongfully accused of theft in the town of Barcelos. Despite his pleas of innocence, he was sentenced to hang. As a final request, he asked to be taken to the judge. Brought before the judge—who was eating a roast chicken—the pilgrim declared, “If I am innocent, that rooster will crow!” The judge laughed, but didn’t eat the bird. Miraculously, just as the man was about to be hanged, the roasted rooster stood up and crowed. The judge rushed to stop the execution, and the pilgrim was spared.

Because of this tale, the rooster has become a national symbol of honesty, integrity, justice, and good fortune, often seen in colorful ceramic form all across Portugal.

What do dolls have in common with beer?

“Maybe the children will have two dolls instead of 30.”

That was Donald Trump’s response yesterday when asked about the impact of tariffs on imported consumer goods.

Charming.

But here’s the thing—those tariffs aren’t just about dolls. They hit a lot closer to home for small businesses, like the craft breweries I work with.

I spent the past four days at the national Craft Brewers Conference, and tariffs weighed heavily on every single attendee.

The 4th nominee for The Worst Employer of 2025 is … The Enslaving Executives

OneTaste, a San Francisco-based "wellness" company, claimed to offer empowerment through "orgasmic meditation." However, federal prosecutors allege that behind this façade, founder Nicole Daedone and former Head of Sales Rachel Cherwitz orchestrated a years-long forced labor conspiracy.

Between 2004 and 2018, Daedone and Cherwitz allegedly targeted vulnerable individuals—often survivors of trauma—and lured them with promises of healing. If they couldn’t afford OneTaste's expensive courses (ranging into the tens of thousands), they were pressured into debt—with the company even helping them open credit cards. Members became reliant on OneTaste for food and shelter, lived under constant surveillance in communal homes, and were isolated from their support networks.

The indictment accuses Daedone and Cherwitz of using surveillance, indoctrination, and intimidation to control members, effectively turning a wellness startup into an enslavement operation.