Fifth Circuit Affirms Judgment for Employer in Disability Case
/cdklawyers.com// 11/03/2011 The Fifth Circuit Court of Appeals recently affirmed a decision for an employer in a disability case. Griffin v. United Parcel Service, Inc., No. 10-30854 (5th Cir. Oct. 19, 2011), available at http://www.ca5.uscourts.gov/opinions/pub/10/10-30854-CV0.wpd.pdf. Following leave and because his previous position had been filled, an employee was assigned to an overnight shift. The […]
Dallas, Texas Employment Attorney Notes NLRB Rule Requires Most Employers to Post Notice
/cdklawyers.com// 10/29/2011 The National Labor Relations Board recently postponed the implementation date for its new notice-posting rule by more than two months. The new implementation date is January 31, 2012. Since this rule applies to most employers, Dallas employment law specialist Keith Clouse suggests employers review this information. The NLRB notice advises employees of their […]
Dallas Business Lawyer Offers Tips for Evaluating Employment Agreements
/cdklawyers.com// 10/28/2011 Keith Clouse, a Dallas business lawyer who specializes in employment matters, routinely negotiates employment agreements on behalf of his clients. In some instances, however, it may be best for the potential employee to take a more active role in evaluating the proposed terms of an employment contract. Even large employers typically have some […]
Current Employment Law Issue: Fired Over Facebook
/cdklawyers.com// 10/22/2011 Social media use has exploded in recent years, leaving employers and employees alike wondering about the contours of novel legal issues. Employers and employees may wonder whether an employer may prevent an employee from posting about the employer, whether an employer may prevent an employee from posting items it deems inappropriate, and what […]
EEOC Enters Into National Mediation Agreements With Employers
/cdklawyers.com// 10/21/2011 The Equal Employment Opportunity Commission recently issued a press release detailing its National Universal Agreement to Mediate with Cracker Barrel Old Country Store, Inc. The press release is available at http://www.eeoc.gov/eeoc/newsroom/release/9-27-11.cfm. More than 200 national and regional private sector employers, including several Fortune 500 companies, have entered into similar mediation agreements with the […]
Private Employers Can Learn from Federal Government’s Guide to Telework
/cdklawyers.com// 10/15/2011 The United States Office of Personnel Management recently published a Guide to Telework in the Federal Government, http://www.telework.gov/guidance_and_legislation/telework_guide/telework_guide.pdf. It is intended to provide practical information to assist federal agencies implement telework arrangements with their employees. Telework (also known as telecommuting or working remotely) provides a way for employees to work from a different […]
Texas Noncompete Attorney Explains Recent Change to Texas Noncompete Law
/cdklawyers.com// 10/14/2011 Keith Clouse, a Dallas, Texas noncompete attorney, explains how a recent Texas Supreme Court opinion radically changes Texas noncompete law. This summer, the Texas Supreme Court ruled that a covenant not to compete signed by an employee in consideration of stock options was enforceable because the company’s provision of stock options was reasonably […]
Fifth Circuit Court of Appeals Holds that a Hostile Work Environment Claim Based on Age Discrimination Can Proceed
/cdklawyers.com// 10/08/2011 The Fifth Circuit Court of Appeals recently determined that a plaintiff’s age-based hostile work environment claim could be advanced. Dediol v. Best Chevrolet, Inc. No. 10-30767 (5th Cir. Sept. 12, 2011), available at http://www.ca5.uscourts.gov/opinions/pub/10/10-30767-CV0.wpd.pdf. Over a two-month period, the plaintiff’s supervisor made daily age-based and religion-based comments to the plaintiff. The plaintiff […]
EEOC Issues Press Release Regarding Impact of 9/11 on Employment Discrimination
/cdklawyers.com// 10/07/2011 The Equal Employment Opportunity Commission, the federal agency charged with enforcing federal laws that make it illegal to discriminate against employees, recently issued a press release regarding the effect of the terrorist attacks of September 11, 2001 on employment discrimination. In the initial months after 9/11, the EEOC saw a 250% increase in […]
Dallas, Texas Employment Law Specialist Highlights Key Federal Discrimination Laws
/cdklawyers.com// 09/30/2011 Keith Clouse, a Dallas, Texas employment law specialist who has practiced employment law for more than twenty years, highlights the key federal discrimination laws that apply to most private employers. The key federal discrimination laws that apply to most private employers include:• Title VII of the Civil Rights Act of 1964: prohibits employment discrimination […]
Fifth Circuit Court of Appeals Rules on Finder’s Fee Agreement Under Texas Law
/cdklawyers.com// 09/30/2011 The Fifth Circuit Court of Appeals recently addressed finder’s fees under Texas law. CB Legal Search, L.L.C. v. Lewis Brisbois Bisgaard and Smith, L.L.P., No. 11-20127 (5th Cir. Sept. 16, 2011), available at http://www.ca5.uscourts.gov/opinions/unpub/11/11-20127.0.wpd.pdf. In 2006, a legal recruiter introduced LBBS, a law firm, to two partners at BRG, another law firm. The […]
Special Consideration Must Be Given When Drafting Separation Agreements for Employees Who Are Over 40 Years Old
/cdklawyers.com// 09/25/2011 Employers may ask departing employees to sign separation agreements. In a typical separation agreement, the employer agrees to provide additional compensation to the employee and the employee agrees not to sue the employer on any existing claims. According to Dallas employment law attorney Keith Clouse, an employer must carefully draft a separation agreement […]