February 11, 2012
/cdklawyers.com// 02/11/2012
If an employee subject to a non-compete agreement leaves an employer and goes to work for a competing business, the employer can sue the employee for breach of contract. But, as Dallas non-compete attorney Keith Clouse points out, by the time the case could be tried to a jury, any damage to the employer’s […]
February 3, 2012
/cdklawyers.com// 02/03/2012
Keith Clouse, a Texas labor and employment law attorney, frequently advises employers, senior executives, and physicians regarding the enforceability of existing or proposed noncompete agreements. Because a noncompete agreement can substantially impact an individual’s ability to obtain later work, these agreements must undergo careful scrutiny.
Some noncompete agreements contain overly broad terms. For example, an […]
January 27, 2012
/cdklawyers.com// 01/27/2012
Keith Clouse, a Texas labor and employment law attorney, frequently advises employers about compliance with federal and state employment laws as well as the best practices an employer should use to avoid legal trouble. Often, employers encounter difficulty defending themselves in lawsuits with former employees because they fail to adequately document disciplinary issues.
Mr. Clouse […]
January 21, 2012
/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, 2012), […]
January 19, 2012
/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 in […]
January 14, 2012
/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 federal minimum wage […]
January 12, 2012
/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 terminated. The district […]
December 30, 2011
/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 party can terminate […]
December 10, 2011
/cdklawyers.com// 12/10/2011
While a company party should be a time for fun and merriment, an employer must prepare carefully to avoid potential legal issues. Dallas employment lawyer Keith Clouse provides the following tips.
First, an employer should consider the added legal exposure that serving alcohol can bring. To avoid alcohol-related problems, an employer may wish to host […]
December 9, 2011
/cdklawyers.com// 12/09/2011
Following a collision that rendered him paraplegic, an employee was paid workers’ compensation benefits. He and his wife sued several third parties for causing the wreck. His employer intervened to protect its subrogation rights for the workers’ compensation benefits it had paid to the employee. Following a vacated jury verdict, the parties settled. The […]
