To Pay or Not to Pay: When are Bonuses Earned and Payable?

Employers often offer bonuses that are conditional on the employee’s fulfillment of certain requirements, including continued employment on the payout date. When an employee fails to fulfill the required condition, the employer may want the employee to forfeit the right to any portion of the bonus. Whether an employer can require employees to forfeit their …read more »

“Ban the Box” is in Effect: What Federal Contractors Need to Know About the Fair Chance Act

In December 2021, new regulations went into place for federal contractors under the federal Fair Chance Act (“FCA”).  The FCA prohibits covered contractors, either verbally or through a written background check request, from seeking “criminal history record information” from applicants for positions related to work related to a federal contract until after a conditional employment …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 »

Don’t Forget About the Obligations Surrounding Virtual I-9 Verification

On April 25, 2022, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a six-month extension until October 31, 2022, of the policy allowing remote or virtual verification of the documentation required for a Form I-9 when an employee is working remotely. And while many employers relied heavily on this …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 »

Is Your Arbitration Agreement Up to Date?

There has been a lot of movement in the legal landscape surrounding arbitration recently, and I mean a lot.  These are not typically headline grabbing cases or laws, but for employers with arbitration agreements and dispute resolution programs in place, they signal the importance of regularly reviewing and updating these documents.  Alternatively, for employers who …read more »

M2D Attorney Nicole Su Writes in Texas Lawbook on the Importance of Diversity in the Law

In recognition of Asian American and Pacific Islander Heritage Month, Texas Lawbook published an article by Muskat, Mahony & Devine attorney Nicole Su on diversity in the law. Headlined “Embracing my ‘Otherness’ and Forging My Own Path” (subscription required), the article discusses Nicole’s career experiences that led to a feeling of “otherness” and how friends …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 »

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

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 »