M2D’s Proposed New Year’s Resolutions for Employers

The lawyers at Muskat, Mahony & Devine have created a list of proposed New Year’s resolutions for you and your company to consider in the upcoming year. We hope you find them helpful. From everyone at M2D, Happy New Year and all the best in 2022!   Resolve to Implement an Updated (and Lawful) Workplace …read more »

New COVID-19 Vaccination Rules: What Employers Should Know about OSHA’s Emergency Temporary Standard

In September, President Biden directed the Occupational Safety and Health Administration (OSHA) to issue an emergency temporary standard on COVID-19 applicable to medium-sized and larger employers. This directive was one of a number of executive actions intended to increase significantly vaccination rates in the United States. An emergency temporary standard (ETS) is unusual because it …read more »

The Fifth Circuit Clarifies the Limited Circumstances in Which an Employee Paid on a Day-Rate Basis May Be Exempt from Overtime Pay

In May, we advised employers that the en banc Fifth Circuit was considering the hotly contested issue of whether a flat day rate can be the equivalent of a weekly salary for purposes of meeting the Fair Labor Standards Act’s (“FLSA”) salary basis requirement to be exempt from overtime. Last month, the Court issued its …read more »

Employers Should Review the EEOC’s New Guidance on COVID-19 Vaccine Mandates and Requests for Religious Accommodations

Most HR professionals are aware that Title VII prohibits religious discrimination. And many know that employers covered by Title VII are required to affirmatively accommodate sincerely held religious beliefs or practices so long as doing so does not impose an undue hardship. Even so, until recently, most employers had little experience evaluating requests for religious …read more »

What is the Status of Texas Executive Order 40, Which Bans Vaccine Mandates by Private Employers?

On October 11, 2021, Texas Governor Greg Abbott made headlines by issuing Executive Order 40, which prohibits any “entity” from compelling receipt of the COVID-19 vaccine by any objecting individual, including “an employee,” for “any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.” Many commentators …read more »

Five Reminders for Employers (Re)Considering COVID-19 Vaccine Mandates

Since the onset of the COVID-19 pandemic, I’ve spent substantial time discussing workplace vaccine mandates with employers. Even before vaccines were available, employers were interested in mandates as a tool to ensure safe working conditions. But even as recently as a month ago, many employers outside of healthcare settings continued to feel uncomfortable about the …read more »

FAIR Game? What Employers Need to Know About the New Proposed Legislation Banning Mandatory Pre-Dispute Arbitration Agreements

Many of our clients have implemented mandatory employment arbitration programs and believe that they are an efficient and effective way to resolve potential disputes, including putative class-action cases. For years, however, employees and their advocates have pushed to amend the Federal Arbitration Act (FAA) to prohibit mandatory pre-dispute arbitration agreements. Previous proposed bills have failed …read more »

Changes To Sexual Harassment Laws In Texas Go Into Effect On September 1, 2021

While the ongoing pandemic and vaccine mandates have grabbed the employment law headlines this summer, Texas employers should be aware that Senate Bill 45 and House Bill 21, which amend the Texas Labor Code and expand employee protections and employer liability for sexual harassment claims, go into effect on September 1, 2021.  Together, these bills …read more »

How Are Employers’ Obligations to Post Labor Law Notices Affected by Remote Work? The DOL Says that Transparency and Accessibility are Key

The CDC and OSHA have recently relaxed COVID-19 guidance on mask-wearing and distancing for fully vaccinated employees. Although many employers are transitioning back to an office-based work environment, telecommuting is likely to remain an option for many employees for some time to come. One question that has arisen with respect to telecommuting employees is how …read more »

A Summary of OSHA’s Emergency Temporary COVID-19 Standard for Healthcare Settings and Its Guidance for Other Employers

On June 10, 2021, OSHA released its long-awaited Emergency Temporary COVID-19 Standard. Unexpectedly, the standard applies only to workplaces that provide “healthcare” or “healthcare support services,” and in which suspected or confirmed COVID-19 patients are treated, including hospitals, nursing homes, and assisted living facilities, plus emergency responders, home healthcare workers, and employees in ambulatory care …read more »