One of the founding partners of the firm, Mike is a go-to lawyer for challenging employment litigation and counseling matters. In his 26 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
- Muskat Devine Partners Mike Muskat and Corey Devine Recognized in Lawdragon 500 Leading Corporate Employment Lawyers Guide for 2024
- Muskat Devine Partners Mike Muskat and Corey Devine Named to Lawdragon List of 500 Leading Litigators in America
- Muskat Devine Partners Named to 2023 List of Texas Super Lawyers
- Mike Muskat Quoted in Law360 Article on Potential Effects of SCOTUS Affirmative Action Decision on Corporate DEI Programs
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
- Defends employers in 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