Category: Employment Law

First Impression Case: Fifth Circuit Rules on Ministerial Exception to Employment Discrimination Law

/cdklawyers.com// 11/10/2012 The Fifth Circuit Court of Appeals recently affirmed the dismissal of an employment discrimination lawsuit because it found that the ministerial exception applied. This exception bars employment discrimination lawsuits brought by ministers against their churches. Cannata v. Catholic Diocese of Austin, No. 11-51151 (5th Cir. Oct. 24, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-51151-CV0.wpd.pdf.   The […]

An Employer Asks: Do We Have to Train an Older Worker on a New Computer System?

/cdklawyers.com// 11/09/2012 Question: Our retail operation recently converted to a new computer-operated cash register system. One of our employees is an older lady. She is part of a generation that grew up without computers. Do we have to train her on the new system or can we just assign her other duties? If we assign […]

Hurricane Sandy Prompts Employers to Evaluate Their Policies

/cdklawyers.com// 11/03/2012 Our nation watched with horror as Hurricane Sandy battered the East Coast. Now, Americans have stepped forward to assist with the recovery efforts to get those affected by the storm back on their feet.   Watching East Coast residents, employers, and others deal with the issues they are now facing has caused a […]

Dallas, Texas Employment Lawyer: Get Ready for Election Day

/cdklawyers.com// 11/02/2012 A presidential election always brings excitement, and 2012 is no different. But do you know the laws regarding voting and employment? Dallas, Texas employment lawyer Keith Clouse highlights the Texas Workforce Commission’s page on this topic at http://www.twc.state.tx.us/news/efte/voting_time_off.html.   First of all, an employee should be allowed time to vote. Many people like […]

Points to Consider Before a Deposition in Your Employment-Related Lawsuit

/cdklawyers.com// 10/27/2012 Because so few cases ever go to trial, depositions in employment law cases must be taken seriously. A strong deposition may lead to a good settlement. A weak deposition may decimate a party’s case. Keith Clouse, a Dallas, Texas employment lawyer, provides the following points to consider before testifying at a deposition.   […]

Dallas Noncompete Lawyer Discusses Evolution of Texas Noncompete Law

/cdklawyers.com// 10/26/2012 Dallas noncompete lawyer Keith Clouse has practiced employment law for over 20 years. During that time span, he has closely monitored trends and developments in noncompete law. This area of the law changes rapidly, and each new case provides insight into how courts will interpret and enforce these agreements.   At one time, […]

Dealing with Unrealistic Settlement Expectations

/cdklawyers.com// 10/20/2012 To settle a discrimination lawsuit, both the employer and the employee have to “come together” regarding their understandings of the evidence, the law, and the value of the case. Sometimes this can be difficult, especially if a plaintiff comes to the negotiating table with sky high expectations.   A plaintiff’s friends and family […]

No Tricks, Just Treats. Planning a Halloween Party at the Office.

/cdklawyers.com// 10/19/2012 Celebrating Halloween at the office can be fun. But a Halloween party can also be scary—for reasons that an employer might not have considered. Shocking things can happen at these parties. A normally subdued office clerk shows up in a revealing French maid outfit. Another employee takes the persona of his boorish costume […]

Confused About What the FLSA Does NOT Require?

/cdklawyers.com// 10/13/2012 The Fair Labor Standards Act is a federal law that sets basic minimum wage and overtime pay standards. It also establishes recordkeeping and child labor standards. While some exemptions exist, the FLSA applies to most workers in the private sector as well as in federal, state, and local governments.   Many employers and […]

Employers: Protect Your Trade Secrets with Employment Agreements

/cdklawyers.com// 10/12/2012 Dallas, Texas trade secret attorney Keith Clouse helps companies protect their trade secrets. He provides advice on the steps a company should take to protect its confidential information and to put itself in a better position should litigation become inevitable. Entering into employment agreements with a company’s key employees is one way to […]

The “Money Terms” in a Typical Severance Agreement

/cdklawyers.com// 10/06/2012 Dallas employment lawyer Keith Clouse drafts and negotiates severance agreements and separation packages for senior executives and other high-level employees. Here, he discusses the “money terms” found in many severance agreements.   1. Severance payment: This is the dollar value the employee receives upon departure. A severance payment could be paid in a single […]