Independent Contractor or Employee: What’s the Rule?

Earlier this month, the Department of Labor (“DOL”) repealed its independent contractor rule, promulgated under the Trump administration, on whether to classify a worker as an independent contractor or employee entitled to minimum wage and overtime under the Fair Labor Standards Act. The rule was favorable for employers because it streamlined the independent contractor analysis …read more »

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

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 »

Some Thoughts for Employers Continuing to Wrestle with Limits on Political and Social Advocacy at Work

In September, I wrote a blog post discussing whether, in light of the charged events of 2020, employers can lawfully restrict employee political or social advocacy at work. We’re now well into 2021, but the political and social environment has not changed. Last week, the Derek Chauvin murder verdict prompted a new wave of employee …read more »

OSHA’s Continued Efforts to Protect Workers from COVID-19: Expect More Site Inspections

President Biden issued an executive order on January 21, 2021 calling on OSHA to take a more active role in responding to the COVID-19 pandemic as it affects the health and safety of American workers. I previously discussed OSHA’s Guidance on Mitigating and Preventing the Spread or COVID-19 in the Workplace (“Guidance”), issued in response …read more »

Ten Things Employers Need to Know About the COBRA Premium Assistance Subsidy Under the American Rescue Plan Act of 2021

President Biden signed H.R. 1319, the American Rescue Plan Act of 2021 (ARP) on March 11, 2021. Among other things, the law subsidizes the full COBRA premium for “Assistance Eligible Individuals” for periods of coverage from April 1, 2021 through September 30, 2021.  The following provides some general information in response to questions we hear …read more »

Texas Lawyer Magazine Features Article by M2D Partner Mike Muskat on Common Mistakes Employers Should Watch for When Dealing with Employee COVID-19 Vaccinations

Texas Lawyer magazine has published an article by M2D partner Mike Muskat exploring mistakes employers can make with regard to the COVID-19 vaccine. “Three Common Mistakes Employers Should Watch for When Dealing with Employee COVID-19 Vaccinations” (subscription required) outlines legal issues employers can face if they’re not careful. In the article, which was originally featured …read more »

Developments in Harassment Law that Employers Need to Know About

While the #MeToo movement does not garner the same media attention that it did at its height, harassment law has continued to evolve and employers must keep abreast of the current state of the law. The following provides a brief summary of the nationwide trends in harassment law. Lowering the Liability Bar The most significant …read more »