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 »

Don’t Forget About the Obligations Surrounding Virtual I-9 Verification

On April 25, 2022, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a six-month extension until October 31, 2022, of the policy allowing remote or virtual verification of the documentation required for a Form I-9 when an employee is working remotely. And while many employers relied heavily on this …read more »

Three Things to Remember When Drafting Commissions Agreements

The Texas Supreme Court recently issued a notable decision construing an employer’s obligation to pay pro-rata commissions to a terminating employee when the underlying agreement failed to specify certain criteria for payment. Perthuis v. Baylor Miraca Genetics Labs., LLC, 2022 WL 1592587 (Tex. May 20, 2022). The Perthuis case is a good reminder of several …read more »