October 8, 2010
/cdklawyers.com// 10/08/2010
In Texas, employers and employees can contractually waive the right to a trial by jury by including a jury waiver provision in a contract that governs their relationship. Then, instead of a jury determining the outcome of any lawsuit arising from the employment relationship, a judge would hear the testimony and act as the […]
September 16, 2010
/cdklawyers.com// 09/15/2010
The Fifth Circuit Court of Appeals recently reversed summary judgment for plan participants in an ERISA matter. Dupre v. Employee Benefit Servs. of La., Inc., No. 09-30990 (5th Cir. Sept. 2, 2010), available at http://www.ca5.uscourts.gov/opinions/unpub/09/09-30990.0.wpd.pdf.
Jennifer Dupre, a morbidly obese woman, planned to have gastric bypass surgery and sought coverage under the ERISA plan offered […]
September 13, 2010
/cdklawyers.com// 09/13/2010
Dallas employment counsel Keith Clouse advises employees not to save personal data (such as music, photographs, on-line bill payment receipts or contact information for family members and friends) on company-owned computers because companies typically retain ownership over any files saved on their computers. But what happens when an employee who has saved personal data […]
August 27, 2010
The Patient Protection and Affordable Care Act, the new health care reform law, amends the Fair Labor Standards Act to require employers to provide reasonable break times for nursing mothers to express milk. The Department of Labor’s Wage and Hour Division recently issued a Fact Sheet to provide general information on this requirement.
Under the new […]
August 8, 2010
/cdklawyers.com// 08/01/2010
Keith Clouse, a Dallas attorney who advises employers on employment-related issues, believes that an employer can minimize its exposure to employment lawsuits by simply treating its employees fairly and with respect during the termination process.
A terminated employee who feels humiliated and mistreated is far more likely to sue a former employer than an employee […]
May 9, 2010
Dallas non-compete lawyer Keith Clouse believes that, in some cases, an individual who entered into a non-compete agreement with a former employer may benefit by filing a declaratory judgment action and asking a judge to rule on the applicability of the non-compete agreement.
In a declaratory judgment action, a judge can establish the enforceability of a […]
April 6, 2010
/cdklawyers.com// 04/04/2010
The Fifth Circuit Court of Appeals recently affirmed summary judgment for an employer in a discrimination case. Jackson v. Cal-W. Packaging Corp., No. 09-20411 (5th Cir. March 2, 2010), available at http://www.ca5.uscourts.gov/opinions/pub/09/09-20411-CV0.wpd.pdf.
The plaintiff sued his former employer for age discrimination after allegedly being fired for non-compliance with the company’s sexual harassment policy. The employer […]
March 28, 2010
/cdklawyers.com// 03/28/2010
The Fifth Circuit Court of Appeals recently affirmed summary judgment for an employer in a discrimination case. Kretchmer v. Eveden Inc., No. 09-10556 (5th Cir. March 12, 2010), available at http://www.ca5.uscourts.gov/opinions/unpub/09/09-10556.0.wpd.pdf.
The plaintiff sued his former employer for religious and age discrimination after being terminated from his position as a sales account executive. The employer […]
March 23, 2010
/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 for […]
March 19, 2010
/cdklawyers.com/Keith Clouse - Dallas Employment Lawyer
A Texas appellate court held that the City of San Antonio did not discriminate against a male employee. City of San Antonio v. Gonzalez, No. 04-08-00829-CV (Tex. App.—San Antonio Nov. 4, 2009), available at http://www.4thcoa.courts.state.tx.us/opinions/HTMLopinions.asp?OpinionID=22505.
Gonzalez, the only male in his work group, accessed his supervisor’s confidential computer folder (which should […]
