Fourth Circuit Rules that Certain Trans People Are Protected by the ADA

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The Americans with Disabilities Act’s definition of “disability” expressly excludes “gender identity disorders not resulting from physical impairments.” Based on this exclusion, courts historically have held that an employee is not entitled to the protections of the ADA based on status as a transgender person. Recently, in Williams v. Kincaid, the U.S. Court of Appeals …read more »

M2D Partner Corey Devine Featured in Bloomberg Law Article on U.S. Supreme Court Case Involving Day Rate Pay, the FLSA Salary Basis Requirement, and Highly Compensated Employees

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Muskat, Mahony & Devine partner Corey Devine has been featured in Bloomberg Law discussing the U.S. Supreme Court case Helix Energy Solutions Group, Inc. v. Hewitt. The article, “Overtime for Six-Figure Income Worker Tests Bounds of FLSA Rules,” (subscription required) analyzes the case and the impact the Court’s decision could have on federal wage-and-hour law. …read more »

Three M2D Attorneys Named to List of Best Lawyers in America for 2023

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Muskat, Mahony & Devine is pleased to announce that Mike Muskat, Corey Devine and Nicole Su have been selected to the 2023 list of the Best Lawyers in America, a highly respected legal guide which recognizes only 4 percent of practicing attorneys in the United States. Mr. Muskat is recognized again this year for his …read more »

M2D Partners Featured in Texas Lawyer on What Employers Should Know about Efforts to Limit Mandatory Employment Arbitration

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Texas Lawyer magazine has published an article by M2D partners Mike Muskat and Corey Devine detailing what employers should know about mandatory employment arbitration. The article, “Texas Employers Should Beware of Efforts to Limit Mandatory Employment Arbitration” (subscription required), provides practical perspective on the growing patchwork of federal and state laws regarding the permissibility and enforceability …read more »

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

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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 »

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

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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 »

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

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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 »

Four Things Employers Should Know About Workplace Masking and Social Distancing Rules and Employees Fully Vaccinated for COVID-19

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On May 13, 2021, the Centers for Disease Control and Prevention announced that persons fully vaccinated against COVID-19 could resume activities that they did prior to the pandemic without masking or social distancing. I was in the car, headed back to the office after lunch, when I heard the news, which I found simultaneously exciting …read more »