Fifth Circuit Court of Appeals Rules for Plaintiff in Same-Sex Sexual Harassment Matter
/cdklawyers.com// 01/26/2012 The Fifth Circuit Court of Appeals recently ruled for the plaintiff in a same-sex sexual harassment matter. Cherry v. Shaw Coastal, Inc., No. 11-30403 (5th Cir. Jan. 19, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-30403-CV0.wpd.pdf. A supervisor sent the plaintiff sexually charged text messages and regularly touched the plaintiff. Both the plaintiff and the plaintiff’s immediate […]
United States Supreme Court Rules on Employment Matter
/cdklawyers.com// 01/21/2012 The United States Supreme Court unanimously held that the Establishment and Free Exercise Clauses of the First Amendment bar lawsuits brought by ministers against churches if the ministers claim to have been terminated in violation of employment discrimination laws. Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC et al., No. 10-553, (Jan. 11, […]
Board Certified Labor and Employment Lawyer Discusses Board Certification Process
/cdklawyers.com// 01/19/2012 Keith Clouse is a Dallas, Texas lawyer who has been certified by the Texas Board of Legal Specialization in Labor and Employment Law. Six attorneys at his employment law firm, Clouse Dunn LLP, have been certified in Labor and Employment Law. They are among a select group of Texas attorneys who have been certified […]
U.S. Department of Labor Wage and Hour Division Issues Fact Sheet Regarding Retaliation under the Fair Labor Standards Act
/cdklawyers.com// 01/14/2012 The United States Department of Labor Wage and Hour Division released a Fact Sheet last month regarding retaliation under the Fair Labor Standards Act (“FLSA”). This division administers and enforces the FLSA. The FLSA regulates wages and hours of work for many employers. All covered nonexempt employees must be paid at least […]
Fifth Circuit Court of Appeals Rules on Federal False Claims Act Issue
/cdklawyers.com// 01/12/2012 The Fifth Circuit Court of Appeals ruled for the plaintiff in a False Claims Act retaliation matter. Riddle v. Dyncorp Int’l, Inc., et al, No. 11-10155 (5th Cir. Jan. 5, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-10155-CV0.wpd.pdf. The plaintiff brought a retaliation suit pursuant to the federal False Claims Act 178 days after his employment […]
Employers Must Take Steps to Protect Their Trade Secrets
/cdklawyers.com// 01/07/2012 No employer wants to litigate a case involving the theft of its trade secrets, but employees can and do walk away from companies with confidential information. To avoid these situations, an employer must take steps to protect its valuable information. Doing so may prevent an employee from stealing confidential information; if not, it […]
Texas Employment Lawyer Cautions Physicians to Consider Key Provisions in Employment Agreements
/cdklawyers.com// 01/06/2012 Keith Clouse, a Dallas lawyer who specializes in employment law, drafts and reviews many employment agreements for physicians. Mr. Clouse believes that a doctor must carefully consider certain provisions before signing a proposed employment contract. For example, a doctor must consider: • Whether the term of the contract is long enough to allow the […]
Fifth Circuit Court of Appeals Reverses Summary Judgment in Race Discrimination Case
/cdklawyers.com// 12/31/2011 The Fifth Circuit Court of Appeals recently reversed a summary judgment for an employer in a race discrimination case. Vaughn v. Woodforest Bank, No. 11-60102 (5th Cir. Dec. 21, 2011), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-60102-CV0.wpd.pdf. Although she received a favorable performance review, the plaintiff was fired for “unsatisfactory conduct” after the employer conducted a […]
Dallas Employment Law Specialist Explains Employment Agreement Provision
/cdklawyers.com// 12/30/2011 Keith Clouse, a Dallas employment law specialist, has drafted many employment agreements for executive-level employees. He has reviewed and revised even more. One contractual provision that some executive clients may overlook is the term of employment. This contractual provision may provide that the executive is to be employed indefinitely, meaning that either […]
Employment Law Mistake: Misclassifying Employees as Independent Contractors
/cdklawyers.com// 12/24/2011 In these tough economic times, many companies attempt to cut costs by hiring independent contractors instead of employees. Using independent contractors can be financially advantageous since a company that hires an independent contractor does not pay certain taxes, health benefits, unemployment compensation insurance, or workers’ compensation insurance. But, while many employers hire independent […]
End-of-Year Employment Law Considerations
/cdklawyers.com// 12/23/2011 Many companies are scrambling right now to get through the busiest part of the year and to resolve end-of-year financial issues. That said, this time is ideal for a company’s human resources team to review the company’s employment files, policies, and practices and to make changes for the upcoming year. The human […]
Recent Fifth Circuit Court of Appeals Decision Shows the Importance of Being Truthful in All Depositions
/cdklawyers.com// 12/17/2011 The Fifth Circuit Court of Appeals recently upheld the dismissal of a racial harassment and constructive discharge case because the plaintiff committed perjury in a deposition. Brown v. Oil States Skagit Smatco, No. 10-31257 (5th Cir. Dec. 6, 2011), available at http://www.ca5.uscourts.gov/opinions/pub/10/10-31257-CV0.wpd.pdf. The plaintiff testified in a deposition that he quit his job […]