The Fifth Circuit Reminds Employers of When Travel Time is Compensable and the Importance of Accurate Time Records

Earlier this month, in United States Dep’t of Labor v. Five Star Automatic Fire Prot., L.L.C., the Fifth Circuit Court of Appeals affirmed a Western District of Texas decision in which the court determined that the time the plaintiffs were required to spend driving from the employer’s maintenance yard to the job site was compensable. …read more »

Five Phrases that Portend Wage-and-Hour Woes

We spend a lot of time litigating wage-and-hour cases. But we do a lot of counseling on the subject, too. And over the years, through thousands of hours of discussing with clients compliance with wage-and-hour laws like the Fair Labor Standards Act (“FLSA”), we’ve identified a handful of red-flag phrases that often are associated with …read more »

One New Year’s Resolution Not Forgotten: OSHA Issues Revised COVID-19 Guidance

Recently I wrote a New Year’s Resolution that “[e]mployers should resolve to anticipate … changes [at OSHA under the Biden administration] and respond quickly. Resolve to Be Ready for Increased Enforcement of COVID-19 Health and Safety Standards (Jan. 6, 2021) (last accessed Feb. 22, 2021). Unlike most gym memberships, that Resolution has not been forgotten. …read more »

M2D Partners Mike Muskat and Corey Devine Featured in Texas Lawyer Article on Labor and Employment Law Changes Possible Under the Biden Administration

Texas Lawyer magazine has published an article by M2D partners Mike Muskat and Corey Devine exploring labor and employment law changes expected under the Biden Administration. “From COVID-19 Relief to Paid Leave, Biden Administration Changes to Labor and Employment Law Could Go Further Than First Expected” (subscription required) outlines legislation that could pass given that …read more »

What Does the Fifth Circuit’s Newly Announced, More Stringent Standard for Certification of FLSA Collective Actions Mean for Employers?

Earlier this month, the Fifth Circuit Court of Appeals issued a decision likely to significantly change the way FLSA collective actions are litigated in Texas, Mississippi, and Louisiana. In Swales v. KLLM Transport Services, the Court tossed the exceedingly permissive and merits-blind standard for so-called “conditional” certification and substituted in its place a rigorous, single-step …read more »

In New Guidance on Religious Discrimination, EEOC Focuses on the Rights to Religious Expression by Employees and by Religious Employers

On January 15, 2021, shortly before President Trump left office, the EEOC issued revisions to its Compliance Manual on Religious Discrimination, last updated in 2008. The document does not have the force of law and is non-binding. Rather, it stakes out the EEOC’s position on covered issues and thereby provides important guidance to employees and …read more »

The EEOC’s Proposed New Wellness Program Rules Have Made an Appearance

On January 7, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) forwarded to the Federal Register its Notices of Proposed Rulemakings (NPRMs) on wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).  The proposed rules have been whispered about for months and, if adopted, will replace the previous …read more »

Our Proposed New Year’s Resolutions for Employers

Below, each of our lawyers proposes a New Year’s Resolution for you and your company to consider in the coming year. We hope you find them instructive. Best wishes for 2021 from all of us here at M2D!   Resolve to Consider Your Options for Employee Vaccinations At last, COVID-19 vaccines are rolling out. Employers …read more »

M2D Partner Mike Muskat Quoted in Houston Chronicle Article About Legality of Vaccine Mandates

The Houston Chronicle quoted M2D Partner Mike Muskat in a recent article exploring whether companies can legally require employees to get a COVID-19 vaccine before going back to work. While there are no laws prohibiting companies from mandating that employees get a vaccine, “There will be a good argument that vaccines are reliable, helpful and …read more »

M2D Partner Mike Muskat Quoted in Houston Chronicle About Employer COVID-19 Holiday Travel Guidelines

M2D Partner Mike Muskat was quoted in the Houston Chronicle article about the legal and practical issues regarding employer travel guidelines for the holidays in connection with the recent surge in COVID-19 cases. While employers can legally require employees who travel during the holidays to quarantine or test negative before they return to work, Muskat …read more »