Mariah Berry counsels employers on their obligations under the federal and state labor and employment laws, and litigates all types of employment-related matters for the firm’s clients. Before joining MMD, Mariah practiced at a well-established trial firm. This experience has equipped Mariah with the foresight to advise clients on strategic impact and likely consequences of their business operation and employment decisions.
MARIAH’S POSTS
- To Pay or Not to Pay: When are Bonuses Earned and Payable?
- Don’t Forget About the Obligations Surrounding Virtual I-9 Verification
- ‘Inclusion is Not Assimilation:’ Muskat Devine Attorney Mariah Berry Featured in Texas Lawbook on Law Firm Diversity and Inclusion
- The Fifth Circuit Clarifies the Limited Circumstances in Which an Employee Paid on a Day-Rate Basis May Be Exempt from Overtime Pay
REPRESENTATIVE EXPERIENCE
Litigation
- Obtained Rule 91a dismissal of sexual harassment and sexual assault claims in state court
- Obtained summary judgment on discrimination, retaliation, and breach of contract claims in federal court
- Regularly represents employers in federal courts, state courts, and arbitration in defending claims of employment discrimination, wrongful discharge, harassment, breach of contract, and a wide variety of other employment claims
- Regularly defends employers in complex, multi-plaintiff wage-and-hour litigation under the FLSA and state laws
- Litigates unfair competition and trade secrets misappropriation matters for companies as plaintiffs and defendants
Administrative Claims
- Successfully resolved and obtained dismissal of numerous charges of discrimination filed with the Equal Employment Opportunity Commission and other state agencies
Investigations
- Conducted numerous investigations in response to employee complaints received by clients, including sensitive claims of discrimination, harassment, and other workplace misconduct
- Represented large employer in DOL wage-and-hour investigation into exemption status of a class of employees and obtained favorable result
Counseling & Compliance
- Works with employers to draft employee handbooks
- Advises employers on drafting employer policies and procedures
- Advises clients on employment-related issues, including the hiring, retention, firing and wages of employees
- Advises clients on compliance with administrative regulations and agencies, including OSHA, TWC, and NLRB
Arbitration
- Successfully compelled employment-related lawsuits to arbitration in federal and state courts