New COVID-19 Vaccination Rules: What Employers Should Know about OSHA’s Emergency Temporary Standard

In September, President Biden directed the Occupational Safety and Health Administration (OSHA) to issue an emergency temporary standard on COVID-19 applicable to medium-sized and larger employers. This directive was one of a number of executive actions intended to increase significantly vaccination rates in the United States. An emergency temporary standard (ETS) is unusual because it …read more »

The Fifth Circuit Clarifies the Limited Circumstances in Which an Employee Paid on a Day-Rate Basis May Be Exempt from Overtime Pay

In May, we advised employers that the en banc Fifth Circuit was considering the hotly contested issue of whether a flat day rate can be the equivalent of a weekly salary for purposes of meeting the Fair Labor Standards Act’s (“FLSA”) salary basis requirement to be exempt from overtime. Last month, the Court issued its …read more »

Employers Should Review the EEOC’s New Guidance on COVID-19 Vaccine Mandates and Requests for Religious Accommodations

Most HR professionals are aware that Title VII prohibits religious discrimination. And many know that employers covered by Title VII are required to affirmatively accommodate sincerely held religious beliefs or practices so long as doing so does not impose an undue hardship. Even so, until recently, most employers had little experience evaluating requests for religious …read more »

What is the Status of Texas Executive Order 40, Which Bans Vaccine Mandates by Private Employers?

On October 11, 2021, Texas Governor Greg Abbott made headlines by issuing Executive Order 40, which prohibits any “entity” from compelling receipt of the COVID-19 vaccine by any objecting individual, including “an employee,” for “any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.” Many commentators …read more »

M2D Partner Mike Muskat Featured in Law360 Article on Texas Governor Greg Abbott’s Vaccine Mandate Executive Order

Muskat, Mahony & Devine partner Mike Muskat has been featured in Law360 discussing Texas Governor Greg Abbott’s executive order on COVID-19 vaccine mandates. The article, “Employers Advised To Heed Texas Vax Mandate Ban, For Now” (subscription required) discusses what the new executive order means for Texas businesses that currently have or are planning to implement …read more »

M2D Partners Featured in Texas Lawyer Magazine Answering Common Employer Questions about Preventing the Spread of COVID-19

Texas Lawyer magazine has published an article by M2D partners Mike Muskat, Michelle Mahony and Corey Devine about the latest COVID-19 guidance from the federal Occupational Safety and Health Administration (OSHA). “COVID-19’s Not Going Away and Neither are Workplace Safety Concerns” (subscription required) answers the most common questions employers have about the new guidance for …read more »

M2D Partner Corey Devine Featured in The Dallas Morning News and Law360 Articles on Texas’ New Sexual Harassment Laws

Muskat, Mahony & Devine partner Corey Devine has been featured in The Dallas Morning News and Law360 discussing Texas’ new sexual harassment laws that went into effect September 1. The Dallas Morning News article, “Texas small businesses are no longer immune from sexual harassment claims” and Law360’s “What to Know About Texas’ New Sexual Harassment …read more »

Five Reminders for Employers (Re)Considering COVID-19 Vaccine Mandates

Since the onset of the COVID-19 pandemic, I’ve spent substantial time discussing workplace vaccine mandates with employers. Even before vaccines were available, employers were interested in mandates as a tool to ensure safe working conditions. But even as recently as a month ago, many employers outside of healthcare settings continued to feel uncomfortable about the …read more »