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 […]

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 […]

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 Court of Appeals Enforces Forum Selection Clause in Employment Contract

/cdklawyers.com// 03/23/2010 The Court of Appeals located in Dallas, Texas recently enforced a forum selection clause contained in an employment agreement.  Godenick v. Mannatech, Inc., No. 05-09-00269-CV (Tex. App.—Dallas March 3, 2010, no pet. h.), available at http://www.5thcoa.courts.state.tx.us/cgi-bin/as_web.exe?c05_10.ask+D+4781377.  In the employment agreement, the parties agreed to exclusive venue and personal jurisdiction in Dallas County, Texas […]