What Does the Fifth Circuit’s Newly Announced, More Stringent Standard for Certification of FLSA Collective Actions Mean for Employers?

Earlier this month, the Fifth Circuit Court of Appeals issued a decision likely to significantly change the way FLSA collective actions are litigated in Texas, Mississippi, and Louisiana. In Swales v. KLLM Transport Services, the Court tossed the exceedingly permissive and merits-blind standard for so-called “conditional” certification and substituted in its place a rigorous, single-step …read more »

In New Guidance on Religious Discrimination, EEOC Focuses on the Rights to Religious Expression by Employees and by Religious Employers

On January 15, 2021, shortly before President Trump left office, the EEOC issued revisions to its Compliance Manual on Religious Discrimination, last updated in 2008. The document does not have the force of law and is non-binding. Rather, it stakes out the EEOC’s position on covered issues and thereby provides important guidance to employees and …read more »

The EEOC’s Proposed New Wellness Program Rules Have Made an Appearance

On January 7, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) forwarded to the Federal Register its Notices of Proposed Rulemakings (NPRMs) on wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).  The proposed rules have been whispered about for months and, if adopted, will replace the previous …read more »

Our Proposed New Year’s Resolutions for Employers

Below, each of our lawyers proposes a New Year’s Resolution for you and your company to consider in the coming year. We hope you find them instructive. Best wishes for 2021 from all of us here at M2D!   Resolve to Consider Your Options for Employee Vaccinations At last, COVID-19 vaccines are rolling out. Employers …read more »

M2D Partner Mike Muskat Quoted in Houston Chronicle Article About Legality of Vaccine Mandates

The Houston Chronicle quoted M2D Partner Mike Muskat in a recent article exploring whether companies can legally require employees to get a COVID-19 vaccine before going back to work. While there are no laws prohibiting companies from mandating that employees get a vaccine, “There will be a good argument that vaccines are reliable, helpful and …read more »

M2D Partner Mike Muskat Quoted in Houston Chronicle About Employer COVID-19 Holiday Travel Guidelines

M2D Partner Mike Muskat was quoted in the Houston Chronicle article about the legal and practical issues regarding employer travel guidelines for the holidays in connection with the recent surge in COVID-19 cases. While employers can legally require employees who travel during the holidays to quarantine or test negative before they return to work, Muskat …read more »

2020 Brings More Paid Medical and Family Leave Expansions

In this month’s election, Colorado voters passed Proposition 118, approving the Paid Medical and Family Leave Initiative (PMFLI). The following article discusses Colorado’s PMFLI and identifies additional states following this trend. As of January 1, 2024, certain Colorado employees will be entitled to take 12 weeks of paid family and medical leave and an additional …read more »

Marijuana For The Win Following The 2020 Election

The 2020 election saw the passage of ballot initiatives involving the legalization of marijuana in five more states — Arizona, Mississippi, Montana, New Jersey, and South Dakota. Of those, recreational marijuana was approved in Arizona, Montana, and New Jersey, joining 14 other states and the District of Columbia. Voters in Mississippi approved medical marijuana. And, …read more »

M2D Partners Mike Muskat and Corey Devine Featured in Texas Lawyer Article on Changes in Labor and Employment Law Expected in a Biden Administration

Texas Lawyer magazine has published an article by M2D partners Mike Muskat and Corey Devine on labor and employment law changes expected under a Biden administration. In the article, “Major Changes to Labor and Employment Law Likely Under a Biden Administration” (subscription required), Mr. Muskat and Mr. Devine outline the biggest employment issues likely on …read more »