EEOC Issues Final Regulations Regarding the Genetic Information Nondiscrimination Act

/cdklawyers.com// 11/28/2010 The Equal Employment Opportunity Commission (“EEOC”) recently issued final regulations regarding the Genetic Information Nondiscrimination Act of 2008 (“GINA”).  GINA prohibits an employer from discriminating against an employee because of the employee’s genetic information.  Specifically, GINA prohibits an employer from using genetic information when making employment decisions, restricts an employer from acquiring certain […]

Employers May Need to Implement Social Media Employment Policies

/cdklawyers.com// 11/26/2010 “Social media” refers to online media that facilitates conversations via the Internet and that allows users to share in creating the media’s content.  Social media examples include Facebook and Twitter.  Because social media use has exploded in recent years, employers may need to address its use with specific social media employment policies. A […]

Hosting an Office Party–Avoiding Unintended Legal Consequences

/cdklawyers.com// 11/19/2010 With the holidays approaching, many employers plan to host office parties.  While these events can be fun, morale-boosting experiences, they can also lead to unintended legal consequences.  Keith Clouse, a Dallas employment law attorney who frequently counsels employers on employee issues, offers the following suggestions: • Do not require employees to participate.  For a […]

What Are an Employer’s Obligations Regarding Pay Earned During Holiday Weeks?

/cdklawyers.com// 11/07/2010 With the holiday season approaching, many employers and employees may be wondering what an employer’s obligations are regarding compensation earned during holiday weeks.  The Fair Labor Standards Act, the federal law that regulates minimum pay standards and overtime compensation, applies to workers who are not specifically exempt from its coverage.  Importantly, the FLSA […]

When an Employer and an Employee Settle an Employment-Related Dispute, What is Included in the Settlement Agreement?

/cdklawyers.com// 10/31/2010 Employers and employees may find themselves in disputes with one another.  Quite often, these disputes can be resolved via mediation or settlement negotiations between attorneys.  If so, the parties usually enter into settlement agreements.  But what terms does a settlement agreement between an employer and an employee typically contain? Arguably, the two most […]

Halloween Parties at Work: A Trick or a Treat?

/cdklawyers.com// 10/28/2010 Some employers host office parties to celebrate Halloween.  These parties can boost morale and encourage camaraderie among employees.  But, to avoid legal exposure, an employer should consider taking some precautions. First and foremost, an employer should never force an employee to participate in a Halloween celebration.  Second, an employer should establish guidelines for […]

Texas Supreme Court Enforces Arbitration Agreement in Employment Discrimination Matter

/cdklawyers.com// 10/25/2010 The Texas Supreme Court recently ruled that an arbitration agreement between an employer and a former employee should be enforced.  In re 24R, Inc., No. 09-1025 (Tex. Oct. 22, 2010), available at http://www.supreme.courts.state.tx.us/historical/2010/oct/091025.htm.  The former employee filed an employment discrimination lawsuit, and the employer moved to compel arbitration based on a signed arbitration […]

Dallas Business Litigation Attorney Keith Clouse Reports Fifth Circuit Court of Appeals Reverses Summary Judgment in Race Discrimination Case

The Fifth Circuit Court of Appeals recently reversed summary judgment in a Section 1981 race discrimination matter.  Blackston v. Wexford Health Sources Inc., No. 08-60855 (5th Cir. Nov. 16, 2009), available at http://www.ca5.uscourts.gov/opinions/unpub/08/08-60855.0.wpd.pdf.  Blackston, a white man, worked for a medical staffing contractor and served as a medical director at a correctional facility.  When the […]

Dallas Employment Lawyer Keith Clouse Explains How an Employment-Related Lawsuit Unfolds

/cdklawyers.com/Keith Clouse – Dallas Employment Lawyer Unfortunately, not all employment relationships end well; some end up at the courthouse.  Dallas employment lawyer Keith Clouse explains what happens next. A lawsuit is typically filed by a former employee, and the defendant company must then answer it within the required timeframe. At that point, the parties will […]