Colorado’s Blizzard of New Obligations for Employers

In recent years there has been a flurry of new laws regulating Colorado workplaces, large and small. This summary covers recent laws relating to: Paid leave Termination notice requirements Non-competition agreements Pay transparency   PAID LEAVE REQUIREMENTS Effective January 1, 2021, the Colorado Healthy Families and Workplaces Act (“HFWA”) requires Colorado employers to provide two …read more »

M2D Law Named a Top Labor & Employment Law Firm by Benchmark Litigation

Muskat, Mahony & Devine is pleased to announce it has been named a top Labor & Employment law firm by Benchmark Litigation. The respected guide to trial law firms and litigators has also named partner Mike Muskat a Benchmark Litigation Labor & Employment Star.  Benchmark Litigation recognized M2D Law as a Texas recommended law firm …read more »

Maintaining the Attorney-Client Privilege Over Pay Equity Analyses

More and more of our clients are conducting workforce pay equity analyses. The reasons vary. Sometimes the analysis has been requested by the company’s Board of Directors or executive leadership to assess whether the company is meeting internal or external benchmarks. Sometimes the analysis is performed because the company is investigating a perceived or actual …read more »

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

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 Partner Mike Muskat Featured in Texas Lawyer on Political and Social Advocacy at Work After the Roe v. Wade Reversal

Texas Lawyer magazine has published a guest article by M2D partner Mike Muskat exploring what employers should know in handling political and social advocacy by their employees. “Political and Social Advocacy at Work After the Roe v. Wade Reversal – What Employers Should Know” (subscription required) walks through items employers should consider when deciding if …read more »

Three Things to Remember When Drafting Commissions Agreements

The Texas Supreme Court recently issued a notable decision construing an employer’s obligation to pay pro-rata commissions to a terminating employee when the underlying agreement failed to specify certain criteria for payment. Perthuis v. Baylor Miraca Genetics Labs., LLC, 2022 WL 1592587 (Tex. May 20, 2022). The Perthuis case is a good reminder of several …read more »

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

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 »

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 »

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 »