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 »

Context and Good Documentation Really Matter

While the courts have been largely closed to jury trials in 2020, that has not stopped a slew of labor and employment decisions being issued in the summary judgment context.  Three less publicized decisions addressing common types of proof that plaintiffs and employers often rely on to obtain/defeat summary judgment recently caught my eye.  Those …read more »

M2D Partner Mike Muskat Quoted in Houston Chronicle Article About Employment Laws Around COVID-19 Vaccines

The Houston Chronicle quoted M2D Partner Mike Muskat in a recent article that addresses questions about current employment laws around COVID-19 and what employers can and cannot do or say with regard to their employees. While the Equal Employment Opportunity Commission (EEOC) says employers can require employees to get a COVID-19 vaccine, there are exceptions …read more »

Mike Muskat and Mariah Berry Present to the American Petroleum Labor Lawyers Association on Developments in Harassment Law

On February 25, 2021, M2D partner Mike Muskat and associate Mariah Berry spoke to the American Petroleum Labor Lawyers Association (APLLA) on key post-#MeToo developments in harassment law.  Their presentation, titled “Where Does Harassment Law Stand in 2021, and Where Is It Heading?” addressed judicial and legislative developments and outlined how these important changes may …read more »

The Fifth Circuit Reminds Employers of When Travel Time is Compensable and the Importance of Accurate Time Records

Earlier this month, in United States Dep’t of Labor v. Five Star Automatic Fire Prot., L.L.C., the Fifth Circuit Court of Appeals affirmed a Western District of Texas decision in which the court determined that the time the plaintiffs were required to spend driving from the employer’s maintenance yard to the job site was compensable. …read more »

Five Phrases that Portend Wage-and-Hour Woes

We spend a lot of time litigating wage-and-hour cases. But we do a lot of counseling on the subject, too. And over the years, through thousands of hours of discussing with clients compliance with wage-and-hour laws like the Fair Labor Standards Act (“FLSA”), we’ve identified a handful of red-flag phrases that often are associated with …read more »

One New Year’s Resolution Not Forgotten: OSHA Issues Revised COVID-19 Guidance

Recently I wrote a New Year’s Resolution that “[e]mployers should resolve to anticipate … changes [at OSHA under the Biden administration] and respond quickly. Resolve to Be Ready for Increased Enforcement of COVID-19 Health and Safety Standards (Jan. 6, 2021) (last accessed Feb. 22, 2021). Unlike most gym memberships, that Resolution has not been forgotten. …read more »

M2D Partners Mike Muskat and Corey Devine Featured in Texas Lawyer Article on Labor and Employment Law Changes Possible Under the Biden Administration

Texas Lawyer magazine has published an article by M2D partners Mike Muskat and Corey Devine exploring labor and employment law changes expected under the Biden Administration. “From COVID-19 Relief to Paid Leave, Biden Administration Changes to Labor and Employment Law Could Go Further Than First Expected” (subscription required) outlines legislation that could pass given that …read more »