November 3, 2011
/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 employee sent an […]
October 29, 2011
/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 rights under the […]
October 22, 2011
/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 disciplinary […]
January 8, 2011
/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 the […]
January 7, 2011
/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 employer […]
December 14, 2010
/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 she […]
December 10, 2010
/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 entering […]
November 26, 2010
/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 social media […]
November 19, 2010
/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 variety of […]
November 18, 2010
/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 who […]
