End-of-Year Checklist: Update Your EEO Poster

There is one more thing that most employers need to add to their end-of-year checklist. In October 2022, the EEOC updated and replaced its familiar “EEO is the Law” poster. The new poster, entitled “Know Your Rights: Workplace Discrimination is Illegal,” was finalized on October 20, 2022 and is the operative EEO posting starting immediately. …read more »

Fourth Circuit Rules that Certain Trans People Are Protected by the ADA

The Americans with Disabilities Act’s definition of “disability” expressly excludes “gender identity disorders not resulting from physical impairments.” Based on this exclusion, courts historically have held that an employee is not entitled to the protections of the ADA based on status as a transgender person. Recently, in Williams v. Kincaid, the U.S. Court of Appeals …read more »

Muskat Devine Partner Corey Devine Featured in Bloomberg Law Article on U.S. Supreme Court Case Involving Day Rate Pay, the FLSA Salary Basis Requirement, and Highly Compensated Employees

Muskat Devine partner Corey Devine has been featured in Bloomberg Law discussing the U.S. Supreme Court case Helix Energy Solutions Group, Inc. v. Hewitt. The article, “Overtime for Six-Figure Income Worker Tests Bounds of FLSA Rules,” (subscription required) analyzes the case and the impact the Court’s decision could have on federal wage-and-hour law. At issue …read more »

Muskat Devine Partners Named Among the Top Labor & Employment Attorneys by Texas Super Lawyers and Lawdragon

Muskat Devine Partners Mike Muskat, and Corey Devine have been selected for inclusion in the 2022 list of Texas Super Lawyers, which recognizes the top lawyers in the state. Mr. Muskat has been recognized for his work in Labor & Employment law, and Mr. Devine has been honored for Employment Litigation: Defense. They were selected …read more »

Maintaining the Attorney-Client Privilege Over Pay Equity Analyses

More and more of our clients are conducting workforce pay equity analyses. The reasons vary. Sometimes the analysis has been requested by the company’s Board of Directors or executive leadership to assess whether the company is meeting internal or external benchmarks. Sometimes the analysis is performed because the company is investigating a perceived or actual …read more »

To Pay or Not to Pay: When are Bonuses Earned and Payable?

Employers often offer bonuses that are conditional on the employee’s fulfillment of certain requirements, including continued employment on the payout date. When an employee fails to fulfill the required condition, the employer may want the employee to forfeit the right to any portion of the bonus. Whether an employer can require employees to forfeit their …read more »

“Ban the Box” is in Effect: What Federal Contractors Need to Know About the Fair Chance Act

In December 2021, new regulations went into place for federal contractors under the federal Fair Chance Act (“FCA”).  The FCA prohibits covered contractors, either verbally or through a written background check request, from seeking “criminal history record information” from applicants for positions related to work related to a federal contract until after a conditional employment …read more »

Muskat Devine Partner Mike Muskat Featured in Texas Lawyer on Political and Social Advocacy at Work After the Roe v. Wade Reversal

Texas Lawyer magazine has published a guest article by Muskat Devine partner Mike Muskat exploring what employers should know in handling political and social advocacy by their employees. “Political and Social Advocacy at Work After the Roe v. Wade Reversal – What Employers Should Know” (subscription required) walks through items employers should consider when deciding …read more »