Stop And Look Both Ways: Your No-Fault Attendance Policy May Be Creating Risk Under The FMLA

A recent federal case decided in the Sixth Circuit (covering Kentucky, Michigan, Ohio, and Tennessee) is a good reminder for employers covered by the Family Medical Leave Act (“FMLA”) to periodically review their attendance policies to make sure they comply with the FMLA in all respects. In Dyer v. Ventra Sandusky, No. 18-3802 (Aug. 8, …read more »

Four M2D Attorneys Named as 2019 Texas Super Lawyers or Rising Stars

This year, four M2D attorneys were named as Texas Super Lawyers or Rising Stars: Mike Muskat, Super Lawyer in Employment & Labor Michelle Mahony, Super Lawyer in Employment & Labor and Employment Litigation Defense Corey Devine, Rising Star in Employment Litigation Defense Daniel Lenhoff, Rising Star in Employment Litigation Defense Super Lawyers, a Thomson Reuters …read more »

Forthcoming Changes to Clarify What Is and Is Not Included in the FLSA Regular Rate

In March of this year, the United States Department of Labor (“DOL”) issued the first proposed rule within half a century that would amend the way overtime is calculated under the Fair Labor Standards Act (“FLSA”). Facially simple but devious in the details, nearly every employer is familiar with the FLSA’s “regular rate” used to …read more »

A Primer on Legal Protections for LGBT Employees: Past, Present, and Future (Part 2)

This is the second installment in a three-part series examining legal protections for gay, lesbian, bisexual, and transgender employees, written in anticipation of the U.S. Supreme Court’s likely upcoming decision on whether Title VII’s protections are broad enough to forbid discrimination based on sexual orientation and gender identity. Part 1 of this series examined the …read more »

The Four Most Common Errors When Tracking Employee Work Time and What to Do About Them

Many of the rules of the Fair Labor Standards Act and similar state laws regarding the payment of non-exempt employees are notoriously complex and are often misapplied.  Even seemingly minor errors can become costly if they apply to groups of non-exempt employees and become the subject of a Department of Labor investigation or class action …read more »

Supreme Court Cautions Employers Not to Delay Asserting Failure to Exhaust Administrative Remedies Defense in Title VII Cases

Most federal laws prohibiting discrimination and retaliation, such as Title VII of the Civil Rights Act of 1964 (“Title VII”), require plaintiffs to first file an administrative charge alleging discrimination or retaliation with the Equal Employment Opportunity Commission (“EEOC”) or the state-agency equivalent before they may file a lawsuit alleging such discrimination or retaliation.  If …read more »

Businesses Should Update Indemnity Agreements to Protect Against Contractor Lawsuits

In the past decade, many businesses have significantly improved compliance under the Fair Labor Standards Act (“FLSA”) and other employment laws when it comes to their own employees. At the same time, many workers who provide skilled services to those businesses now do so as independent contractors, often based on service agreements between businesses and …read more »

Five Workplace Policies That Trending Caselaw Suggests Employers Should Include In Their Employee Handbook

Most employers are aware of the traditional “must have” policies that should be included in every employee handbook.  For example, all employers should have an equal employment opportunity and anti-harassment policy and, in most states, an at-will employment statement.  Likewise, employers with fifty or more employees must have a written FMLA policy.  There are, however, …read more »

A Primer on Legal Protections for LGBT Employees: Past, Present, and Future (Part 1)

Earlier this year, the U.S. Supreme Court agreed to consider a trio of cases presenting the question of whether Title VII’s protections are broad enough to forbid discrimination on the basis of sexual orientation and gender identity. The cases will be argued in the fall, with decisions likely issued by June 2020. Until then, employers …read more »

State Medical Marijuana Laws Provide Increasing Protections for Applicants and Employees

As more states approve marijuana’s medical use, employers must understand the significant legal developments and how they affect the workplace. New Mexico and Oklahoma have recently passed medical marijuana laws with provisions that provide employment protections for applicants and employees. Below is a discussion of those protections, several of which are the types of protections …read more »