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 Muskat Devine, 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 operations and employment decisions.
REPRESENTATIVE EXPERIENCE
Litigation
- Obtained Rule 91a dismissal of sexual harassment and sexual assault claims in state court
- Obtained Rule 91a dismissal of race and sex hostile work environment, defamation, tortious interference, discrimination, and retaliation claims in state court
- Obtained summary judgment on race discrimination, retaliation, and breach of contract claims in federal court
- Obtained multiple summary judgments on age discrimination and retaliation claims in federal court
- Obtained summary judgment on disability discrimination and retaliation claims in state court
- Obtained summary judgment on sexual harassment, hostile work environment, assault, and retaliation claims in state court
- Obtained summary judgment on race discrimination and retaliation claims in state 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 EEOC and other state agencies
- Successfully resolved and obtained dismissal of numerous charges of unfair labor practices filed with the NLRB
Investigations
- Conducted numerous investigations in response to employee complaints received by clients, including sensitive claims of discrimination, harassment, and other workplace misconduct
- Represented large employers in DOL and TWC wage-and-hour investigations into the exemption statuses of classes of employees and obtained favorable results
Counseling & Compliance
- Works with employers to draft employee handbooks, policies, and procedures
- Conducts audits regarding Form I-9 compliance, FLSA employee classification, and pay transparency
- Advises employers on employee classification, bonus and commission plans, and other pay practices
- Advises clients on employment-related issues, including the hiring, retention, discipline, and firing 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