Is Your Arbitration Agreement Up to Date?

There has been a lot of movement in the legal landscape surrounding arbitration recently, and I mean a lot.  These are not typically headline grabbing cases or laws, but for employers with arbitration agreements and dispute resolution programs in place, they signal the importance of regularly reviewing and updating these documents.  Alternatively, for employers who …read more »

Efforts to Outlaw Race-Based Hair Discrimination Gain Traction: What Employers Need to Know about the CROWN Act

In 2010, Catastrophe Management Solutions hired Chastity Jones. Jones, a black woman, was fired after she refused to cut her dreadlocks to comply with CMS’s employee grooming standards. The EEOC sued, arguing that Jones’s dismissal amounted to race discrimination. But the courts disagreed, finding Jones’s dreadlocks were not a fixed (i.e., immutable) trait constituting “race” …read more »

Lessons in Labor: Takeaways from Recent Unionization Efforts Across the Country

Seemingly every day, there is a new headline regarding worker unionization. Since the summer of 2021, workers at over 200 Starbucks locations across the country have expressed interest in organization activity and have explored the possibility of unionization. In another recent example, in April 2022 Amazon workers voted to unionize a warehouse in Staten Island, …read more »

Returning to the Office: (Re)-Creating a Positive Work Environment and Avoiding the Activision Blizzard Scenario

Many workplaces have fully re-opened in the last few months and employees are being required to return to the office, at least on a part-time basis.  With so many people back in the office after a two-year hiatus and interacting in-person with supervisors and co-workers on a daily basis, there are going to be challenges …read more »

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 »