Marijuana For The Win Following The 2020 Election

The 2020 election saw the passage of ballot initiatives involving the legalization of marijuana in five more states — Arizona, Mississippi, Montana, New Jersey, and South Dakota. Of those, recreational marijuana was approved in Arizona, Montana, and New Jersey, joining 14 other states and the District of Columbia. Voters in Mississippi approved medical marijuana. And, …read more »

M2D Partners Mike Muskat and Corey Devine Featured in Texas Lawyer Article on Changes in Labor and Employment Law Expected in a Biden Administration

Texas Lawyer magazine has published an article by M2D partners Mike Muskat and Corey Devine on labor and employment law changes expected under a Biden administration. In the article, “Major Changes to Labor and Employment Law Likely Under a Biden Administration” (subscription required), Mr. Muskat and Mr. Devine outline the biggest employment issues likely on …read more »

M2D Partner Mike Muskat quoted in Houston Chronicle about former Astros GM Jeff Luhnow’s multi-million dollar employment lawsuit

M2D partner Mike Muskat was quoted in the Houston Chronicle about the wrongful termination lawsuit filed by Jeff Luhnow, the former Houston Astros General Manager,who was terminated after being implicated in the Astros’ sign-stealing scandal. Muskat observed that Luhnow faces an uphill battle in his effort to avoid arbitration and keep the case in court. …read more »

Summary Judgment In Title VII Retaliation Cases – The Fifth Circuit Provides A Primer On Pretext

In Berry v. Sheriff’s Office Ouachita Parish, et al., a panel of the Fifth Circuit reversed a grant of summary judgment in favor of the Ouachita Parish Sheriff’s office, giving a Black former deputy sheriff another chance to prove that he was actually discharged in retaliation for filing an EEOC charge. The former deputy filed …read more »

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 »