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 4, 2011
/cdklawyers.com// 12/03/2011
The Equal Employment Opportunity Commission, the federal agency responsible for enforcing the nation’s anti-discrimination laws, issued a press release following the close of its fiscal year 2011. According to the press release, the EEOC finished its fiscal year with a ten percent decrease in its pending charge inventory. This decrease is the first such […]
December 4, 2011
/cdklawyers.com// 12/01/2011
Employment law attorneys frequently include non-disparagement clauses in settlement agreements that resolve litigation between employers and former employees and in severance agreements between employers and departing employees. In a typical non-disparagement clause, one party agrees not to make any statements, either written or verbal, that disparage or criticize the other party.
In agreeing to a […]
October 7, 2011
/cdklawyers.com// 10/07/2011
The Equal Employment Opportunity Commission, the federal agency charged with enforcing federal laws that make it illegal to discriminate against employees, recently issued a press release regarding the effect of the terrorist attacks of September 11, 2001 on employment discrimination.
In the initial months after 9/11, the EEOC saw a 250% increase in the number […]
