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 »

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

Muskat 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 in the …read more »

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

An important part of Muskat Devine’s practice is defending employers in complex wage and hour litigation.  On September 25, 2019, Muskat Devine 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 …read more »

The Fifth Circuit Rules that the EEOC’s Guidance Limiting the Use of Criminal History is Unenforceable — What Does this Mean for Private Employers?

On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the United States Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (“EEOC”) exceeded its authority in issuing its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the …read more »

Three Things Employers Need to Know Now About EEO-1 Component 2 Pay Data

Most employers are familiar with their EEO-1 reporting obligations, but the new EEO-1 Component 2 data obligations have created confusion.  EEO-1 Component 2 data is pay and hours worked data, including matching demographic data, that the EEOC is requiring some employers to submit. The agency’s stated intent for collecting the data is to determine whether …read more »

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 Muskat Devine Attorneys Named as 2019 Texas Super Lawyers or Rising Stars

This year, four Muskat Devine 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 …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 »