Muskat Devine Strengthens Labor and Employment Practice with Addition of Attorney Nicole Su

Muskat Devine is pleased to announce that Nicole Su has joined the firm as an associate attorney. The addition of Ms. Su will help further bolster the firm’s already robust labor and employment practice. “We are so pleased to welcome Nicole to our team,” said Muskat Devine Partner Michelle Mahony. “We know her litigation experience …read more »

How Are Employers’ Obligations to Post Labor Law Notices Affected by Remote Work? The DOL Says that Transparency and Accessibility are Key

The CDC and OSHA have recently relaxed COVID-19 guidance on mask-wearing and distancing for fully vaccinated employees. Although many employers are transitioning back to an office-based work environment, telecommuting is likely to remain an option for many employees for some time to come. One question that has arisen with respect to telecommuting employees is how …read more »

A Summary of OSHA’s Emergency Temporary COVID-19 Standard for Healthcare Settings and Its Guidance for Other Employers

On June 10, 2021, OSHA released its long-awaited Emergency Temporary COVID-19 Standard. Unexpectedly, the standard applies only to workplaces that provide “healthcare” or “healthcare support services,” and in which suspected or confirmed COVID-19 patients are treated, including hospitals, nursing homes, and assisted living facilities, plus emergency responders, home healthcare workers, and employees in ambulatory care …read more »

Independent Contractor or Employee: What’s the Rule?

Earlier this month, the Department of Labor (“DOL”) repealed its independent contractor rule, promulgated under the Trump administration, on whether to classify a worker as an independent contractor or employee entitled to minimum wage and overtime under the Fair Labor Standards Act. The rule was favorable for employers because it streamlined the independent contractor analysis …read more »

Four Things Employers Should Know About Workplace Masking and Social Distancing Rules and Employees Fully Vaccinated for COVID-19

On May 13, 2021, the Centers for Disease Control and Prevention announced that persons fully vaccinated against COVID-19 could resume activities that they did prior to the pandemic without masking or social distancing. I was in the car, headed back to the office after lunch, when I heard the news, which I found simultaneously exciting …read more »

Muskat Devine Partner Corey Devine Named to Houston Business Journal’s 40 Under 40 Class of 2021

Muskat Devine is pleased to announce that partner Corey Devine has been named to the Houston Business Journal’s 40 Under 40 list for 2021. The annual listing honors 40 exceptional young business and community leaders in Houston. According to the Houston Business Journal, 40 Under 40 honorees are chosen by a panel of judges from …read more »

Some Thoughts for Employers Continuing to Wrestle with Limits on Political and Social Advocacy at Work

In September, I wrote a blog post discussing whether, in light of the charged events of 2020, employers can lawfully restrict employee political or social advocacy at work. We’re now well into 2021, but the political and social environment has not changed. Last week, the Derek Chauvin murder verdict prompted a new wave of employee …read more »

OSHA’s Continued Efforts to Protect Workers from COVID-19: Expect More Site Inspections

President Biden issued an executive order on January 21, 2021 calling on OSHA to take a more active role in responding to the COVID-19 pandemic as it affects the health and safety of American workers. I previously discussed OSHA’s Guidance on Mitigating and Preventing the Spread or COVID-19 in the Workplace (“Guidance”), issued in response …read more »