Could Your Diversity & Inclusion Training Programs Land You in Hot Water?–Five Things Employers Need to Know About Executive Order 13950

On September 22, 2020, President Trump issued Executive Order 13950, Combating Race and Sex Stereotyping. The Order is remarkable not because it imposes on federal contractors obligations with respect to diversity (this is nothing new), but because of the nature of the obligations it imposes—to refrain from conducting diversity and inclusion training on certain “divisive …read more »

M2D Gives Presentation on Current and Future COVID-19 Employment Litigation

On October 20, 2020, M2D partners Mike Muskat, Michelle Mahony, and Corey Devine presented a webinar to firm clients on “Insights on Current and Future COVID-19 Employment Litigation.”  The webinar discussed ongoing and future COVID-19 lawsuits and agency actions, including claims relating to workplace safety; the WARN Act; leave under the Families First Coronavirus Response …read more »

Two M2D Partners Named to 2020 List of Texas Super Lawyers

Mike Muskat and Michelle Mahony recognized among the top labor and employment attorneys in Texas Muskat, Mahony & Devine is pleased to announce that firm partners Mike Muskat and Michelle Mahony have been named to the 2020 list of Texas Super Lawyers, a prestigious legal ranking that recognizes no more than 5 percent of Texas …read more »

Ripped From the Headlines: Do Employees Have a Right to Engage in Political or Social Advocacy at Work?

The events of 2020 have created an environment in which an increasing number of people desire to express themselves in the workplace.  This has led to disagreement between employers and employees about whether such expression is legally protected, and thus cannot be prohibited by the employer. The latest and most significant example of this trend …read more »

When Do Bonuses Have to Be Included in Non-Exempt Employees’ Regular Rate of Pay When Calculating Overtime? Some Recent Developments Shed Light

One of the most often misunderstood Fair Labor Standards Act (“FLSA”) provisions is 29 U.S.C. § 207(e)(3), which excludes bonuses from non-exempt employees’ regular rate of pay if the employer retains discretion over (a) whether such bonus should be paid in the first place, and (b) the amount of the bonus. Only if both criteria …read more »

Five Reminders for Employers Preparing for Severe Weather in the Midst of a Global Pandemic

Who could have predicted, as recently as January, that our year would bring us not only an unprecedented global health pandemic but also a busy hurricane season? Yet, here we are, in August 2020, doing our best to stop the spread of COVID-19 while, at least in Houston and the surrounding areas, preparing for Hurricane …read more »

Now Everything’s Settled—Or Is It? Practical Tips for Creating Binding Settlements in Federal Cases

Luckily, most in-house counsel and Human Resources professionals never have to litigate the issue of whether the company and an employee who have putatively settled an employment dispute have in fact reached a binding settlement. However, the issue does arise from time to time. Indeed, our Firm recently prevailed on a relatively rare motion to …read more »

EEOC Requests for Documents and Subpoenas: How Much is Too Much to Turn Over?

In light of COVID-19 era mass layoffs and furloughs, many employers are faced with an uptick in Equal Employment Opportunity Commission (“EEOC”) investigations and charges of unlawful conduct. One facet of an EEOC investigation is a request for information and documents, which the EEOC may follow with an administrative subpoena for information and documents. The …read more »

2020 Brings Expansions of Religious Beliefs and Moral Convictions Exemptions Available to Employers

The Supreme Court’s recent Little Sisters opinion upheld employers’ rights to decline to provide contraceptive coverage due to a sincerely held religious belief or moral conviction. In light of the Supreme Court’s recent expansion of Title VII protections to include sexual orientation and gender identity, the courts might recognize the same reasoning in the context …read more »