One of the founding partners of the firm, Mike is a go-to lawyer for challenging employment litigation and counseling matters. In his 25 years of practice, Mike has successfully litigated hundreds of matters for clients involving nearly every type of employment law claim brought by employees or government agencies. In counseling and compliance matters, he is sought out by clients for his deep knowledge of the substantive law and his practical, solutions-oriented advice honed by experience.
MIKE’S POSTS
- Legal Dive Features Muskat Devine Partner Mike Muskat in Article Exploring How In-House Counsel Can Best Protect the Privilege in Their Written Communications
- Muskat Devine Partner Mike Muskat Featured in Legal Dive Article on Protecting Attorney Privilege While Conducting Pay Audits
- Colorado’s Blizzard of New Obligations for Employers
- Muskat Devine Law Named a Top Labor & Employment Law Firm by Benchmark Litigation
REPRESENTATIVE EXPERIENCE
Litigation
- 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
Government Investigations and Litigation
- Department of Labor: Represented large employer in DOL wage-and-hour investigation into exemption status of a class of employees and obtained favorable result
- OSHA: Represents employers in OSHA inspections and subsequent OSHA litigation. Part of team that successfully defended cases at trial involving alleged violations of fall protection, PPE, and recordkeeping standards
- OFCCP: Represented federal contractor in OFCCP sex discrimination investigation and obtained finding of no violation
- ICE: Represented employer in ICE civil penalty proceedings and obtained favorable settlement of claims
TRADITIONAL LABOR
- Represents unionized employers in collective bargaining negotiations
- Defended manufacturing employer in multiple labor arbitrations involving contract interpretation and wrongful discharge disputes
Compliance
- Drafts wage-and-hour compliance policies for many large employers
- Advises companies on the investigation of harassment claims and subsequent remedial action
- Works with clients on complex employment law problems involving background checks, drug/alcohol testing, medical leave, accommodation of disabilities, whistleblowing, and other issues