Tag: employment law firm

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 […]

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 […]

Fifth Circuit Court of Appeals Addresses FLSA Issue

/cdklawyers.com// 01/08/2011 The Fifth Circuit Court of Appeals recently addressed an issue arising under the Fair Labor Standards Act.  Martin v. PepsiAmericas, Inc., No. 09-60896 (5th Cir. Dec. 28, 2010), available at http://www.ca5.uscourts.gov/opinions/pub/09/09-60896-CV0.wpd.pdf.  The plaintiff sued her former employer for unpaid overtime wages.  The district court granted the employer’s motion to dismiss after finding that […]

Hiring an Employment Law Attorney to Conduct Employee Training Sessions

/cdklawyers.com// 01/07/2011 Many companies train employees on key employment policies, such as discrimination and harassment.  These programs are typically designed to both help the employer comply with federal and state employment laws and to prevent harassment and discrimination from occurring.  Equally important, however, if an employer fails to properly train employees on these matters, the […]

Fifth Circuit Court of Appeals Issues Opinion Regarding Disability Discrimination

/cdklawyers.com// 12/14/2010 The Fifth Circuit Court of Appeals recently addressed disability discrimination under the Americans with Disabilities Act.  Winborne v. Sunshine Health Care, Inc., No. 09-60765 (5th Cir. Nov. 17, 2010), available at: http://www.ca5.uscourts.gov/opinions/unpub/09/09-60765.0.wpd.pdf.   The plaintiff worked as a nurse for the defendant, a rest home.  She suffered attacks involving temporary loss of awareness, but […]

Understanding the “Minor” Provisions in an Employment Agreement

/cdklawyers.com// 12/10/2010 Being savvy business people, executives usually know what key provisions to look for in employment agreements, such as the compensation and non-compete terms.  But employment agreements usually contain other provisions that may appear to be minor, boilerplate terms.  An executive should understand these terms and how they could impact the employment relationship before […]

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 […]

Terminating an Employee Who Belongs to a Protected Class

/cdklawyers.com// 11/18/2010 An employer’s reason for discharging an employee cannot be based on the employee’s membership in a class protected by law.  For example, an employer cannot fire an employee because the employee is of a certain race or religion or because the employee is pregnant.  But, of course, an employer may fire an employee […]

Small Businesses Should Get Agreements in Writing Says Dallas employment lawyer

/cdklawyers.com// 01/27/2010 Many small businesses routinely deal with other companies and individuals on a friendly, casual basis, entering into numerous oral agreements with no problems.  For example, a business may loan money to an employee or offer an advance on an employee’s paycheck without putting the parties’ agreement in writing. In most instances, no problems […]