M2D Attorney Daniel Lenhoff Admitted to California Bar

Daniel Lenhoff, Senior Associate at the Firm, recently passed the California Bar Exam and took the California attorney’s oath to become a member of the State Bar of California. Daniel has assisted employers with issues specific to California employment and non-compete restrictions for years, and this will allow him to continue to do so as …read more »

A Primer on Legal Protections for LGBT Employees: Past, Present, and Future (Part 3)

This is the third and final installment in a series examining legal protections for gay, lesbian, bisexual, and transgender employees, written in anticipation of the U.S. Supreme Court’s 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 »

DOL Proposes Clarifications to the Fluctuating Workweek (or “Half-Time”) Method of Calculating Overtime for Salaried, Non-Exempt Workers

On November 5, 2019, the United States Department of Labor (“DOL”) announced a proposed rule that would give employers more flexibility in the way they calculate overtime pay for salaried, non-exempt employees with inconsistent schedules.  More specifically, the rule would expressly allow employers to offer bonuses or other incentive-based pay to salaried, non-exempt employees whose …read more »

Register Now: Mandatory FMCSA Drug and Alcohol Clearinghouse Coming in January 2020 for Employers of CDL Drivers

Starting January 6, 2020, employers must use a new Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse for drug and alcohol testing and verification of their drivers with Commercial Driver’s Licenses (CDLs). The Clearinghouse centralizes data about CDL drivers in a single database, and this article explains what employers need to report to the Clearinghouse and …read more »

Tips to Prepare for an ICE Visit

Last year, I wrote an article highlighting President Trump’s commitment to vastly increasing the number of Immigration and Customs Enforcement (ICE) worksite investigations. Recent events confirm that President Trump has not only remained true to his word, but that he is doubling down on this policy. For example, recently ICE agents raided seven different food …read more »

A Cautionary Tale: The Importance of a Thorough and Thoughtful Investigation in the #MeToo Era

Over the last two years, my law partners and I have given a number of presentations on the #MeToo movement. Inevitably, there is always a question about where the law stands on the due process rights of the accused. Generally speaking, Title VII does not give employees accused of sexual harassment any per se due …read more »

Even Under the Trump NLRB, Employers Still Cannot Preclude Non-Supervisory Employees from Discussing Their Pay

Many of my clients have the misperception that they are lawfully permitted to instruct non-supervisory employees not to discuss their pay or benefits with each other. In fact, such instructions have historically run afoul of Section 7 of the National Labor Relations Act, which protects concerted employee conduct regarding terms and conditions of employment, including …read more »

M2D and Mike Muskat Named in Benchmark Litigation’s 2020 Survey of Top Employment Law Firms and Lawyers

Muskat, Mahony & Devine, LLP was honored to be recently named by Benchmark Litigation as one of a select group of Recommended employment law firms in Texas for employers. In addition, partner Mike Muskat was named as an Employment Law Star. Benchmark Litigation is one of the leading guides to top litigation firms and lawyers …read more »

M2D Wins Significant Case Applying the FLSA’s Motor Carrier Act (DOT) Exemption

An important part of M2D’s practice is defending employers in complex wage and hour litigation.  On September 25, 2019, M2D scored a major victory for a firm client by winning summary judgment in a large collective-action case involving application of the FLSA’s Motor Carrier Act (DOT) exemption, styled Norman et al. v. QES Wireline, LLC, …read more »