President Biden signed H.R. 1319, the American Rescue Plan Act of 2021 (ARP) on March 11, 2021. Among other things, the law subsidizes the full COBRA premium for “Assistance Eligible Individuals” for periods of coverage from April 1, 2021 through September 30, 2021. The following provides some general information in response to questions we hear …read more »
Texas Lawyer Magazine Features Article by Muskat Devine Partner Mike Muskat on Common Mistakes Employers Should Watch for When Dealing with Employee COVID-19 Vaccinations
Texas Lawyer magazine has published an article by Muskat Devine partner Mike Muskat exploring mistakes employers can make with regard to the COVID-19 vaccine. “Three Common Mistakes Employers Should Watch for When Dealing with Employee COVID-19 Vaccinations” (subscription required) outlines legal issues employers can face if they’re not careful. In the article, which was originally …read more »
Three Mistakes to Watch Out For When Dealing With Employee COVID-19 Vaccinations
Now that COVID-19 vaccines are becoming widely available, we are working with many of our clients on how best to require or at least encourage employees to get vaccinated. Below are three mistakes that we see some employers making in this area, any of which could lead to potential liability under the Americans with Disabilities …read more »
Developments in Harassment Law that Employers Need to Know About
While the #MeToo movement does not garner the same media attention that it did at its height, harassment law has continued to evolve and employers must keep abreast of the current state of the law. The following provides a brief summary of the nationwide trends in harassment law. Lowering the Liability Bar The most significant …read more »
Context and Good Documentation Really Matter
While the courts have been largely closed to jury trials in 2020, that has not stopped a slew of labor and employment decisions being issued in the summary judgment context. Three less publicized decisions addressing common types of proof that plaintiffs and employers often rely on to obtain/defeat summary judgment recently caught my eye. Those …read more »
Muskat Devine Partner Corey Devine Named to 2021 List of Texas Rising Stars
Muskat Devine is pleased to announce that Muskat Devine Partner Corey Devine has been named a 2021 Texas Rising Star in defending management in employment litigation. This is the 10th year Mr. Devine has been selected to the list of Texas Rising Stars, an exclusive listing that recognizes only the top 2.5 percent of young …read more »
Muskat Devine Partner Mike Muskat Quoted in Houston Chronicle Article About Employment Laws Around COVID-19 Vaccines
The Houston Chronicle quoted Muskat Devine Partner Mike Muskat in a recent article that addresses questions about current employment laws around COVID-19 and what employers can and cannot do or say with regard to their employees. While the Equal Employment Opportunity Commission (EEOC) says employers can require employees to get a COVID-19 vaccine, there are …read more »
Mike Muskat and Mariah Berry Present to the American Petroleum Labor Lawyers Association on Developments in Harassment Law
On February 25, 2021, Muskat Devine partner Mike Muskat and associate Mariah Berry spoke to the American Petroleum Labor Lawyers Association (APLLA) on key post-#MeToo developments in harassment law. Their presentation, titled “Where Does Harassment Law Stand in 2021, and Where Is It Heading?” addressed judicial and legislative developments and outlined how these important changes …read more »
The Fifth Circuit Reminds Employers of When Travel Time is Compensable and the Importance of Accurate Time Records
Earlier this month, in United States Dep’t of Labor v. Five Star Automatic Fire Prot., L.L.C., the Fifth Circuit Court of Appeals affirmed a Western District of Texas decision in which the court determined that the time the plaintiffs were required to spend driving from the employer’s maintenance yard to the job site was compensable. …read more »
Five Phrases that Portend Wage-and-Hour Woes
We spend a lot of time litigating wage-and-hour cases. But we do a lot of counseling on the subject, too. And over the years, through thousands of hours of discussing with clients compliance with wage-and-hour laws like the Fair Labor Standards Act (“FLSA”), we’ve identified a handful of red-flag phrases that often are associated with …read more »