EEOC Educates Students about Discrimination and Harassment

/cdklawyers.com// 09/29/2012 Unfortunately, young workers make easy targets for sexual harassment and other forms of employment discrimination. A young worker is new to the working world and may not understand the laws that protect her. She may not know how to respond to inappropriate conduct, and she may have no idea how to get her […]

Dallas Labor and Employment Lawyer Explains FLSA’s Learned Professional Exemption

/cdklawyers.com// 09/26/2012 Keith Clouse, a Dallas labor and employment lawyer, frequently advises clients regarding the Fair Labor Standards Act. He works with employers to ensure that they are in compliance with this federal statute. One area where employers may misstep concerns the classification of exempt workers.   Under the FLSA, an employer is required to […]

Fifth Circuit Rules on CBA Matter

/cdklawyers.com// 09/20/2012 The Fifth Circuit Court of Appeals recently held that a plaintiff’s collective bargaining agreement did not provide the exclusive remedy for her sex discrimination claim. Ibarra v. United Parcel Serv., No. 11-50714 (5th Cir. Sept. 13, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-50714-CV0.wpd.pdf.   After being fired, the plaintiff filed a grievance under her union’s collective […]

Dallas Employment Lawyer Discusses What Items Can be Granted Trade Secret Protection

/cdklawyers.com// 09/15/2012 Keith Clouse, a Dallas, Texas employment lawyer, works with employers to protect their trade secrets and to keep former employees from using or disclosing these trade secrets. Unfortunately, much confusion exists about what a trade secret is and what information can be classified as a trade secret.   Simply put, a trade secret […]

Texas Employment Law Attorney Reminds Healthcare Groups to Revisit Employment-Related Documents and Policies

/cdklawyers.com// 09/14/2012 A healthcare group typically consults with legal counsel when setting up the practice. At that time, a group typically hires an attorney to draft physician employment agreements, operating agreements, employee handbooks, and job descriptions as well as set up proper procedures for resolving personnel issues. Then, many healthcare groups do not consult with […]

Texas Supreme Court Issues Opinion Regarding Pay Discrimination Matter

/cdklawyers.com// 09/06/2012 The Texas Supreme Court recently addressed an issue of first impression: Does the federal Lilly Ledbetter Fair Pay Act apply to claims brought under the Texas Commission on Human Rights Act so that the 180-day limitations period begins anew each time a claimant receives a paycheck containing a discriminatory amount? Prairie View A&M […]

Fifth Circuit Reverses Summary Judgment in Failure to Hire Matter

/cdklawyers.com// 08/31/2012 The Fifth Circuit Court of Appeals recently reversed a summary judgment ruling for an employer in a failure to hire case. Johnson v. Maestri-Murrell Prop. Mgmt., LLC, No. 11-30914 (5th Cir. Aug. 14, 2012), available at http://www.ca5.uscourts.gov/opinions/unpub/11/11-30914.0.wpd.pdf.   The plaintiff alleged that the defendant failed to hire her as the assistant manager of […]

Dallas Physician Contract Attorney Discusses Representations and Warranties in Physician Employment Agreements

/cdklawyers.com// 08/30/2012 Keith Clouse, a Dallas-based employment law attorney, regularly advises physicians and medical groups regarding physician employment contracts. Many physician employment contracts include a “representations and warranties” section in which the physician makes certain representations and warranties. This section covers matters that are considered fundamental to the employer’s decision to hire the physician.   […]

Dallas, Texas Employment Lawyer Offers Tips for Avoiding a Retaliation Lawsuit

/cdklawyers.com// 08/28/2012 All employers hope to avoid lawsuits brought by current or former employees. Dallas, Texas employment lawyer Keith Clouse offers the following tips for how an employer can avoid a lawsuit based on a claim that the employer retaliated against an employee who complained of discriminatory or harassing behavior: • Ensure that all employees who […]

Fifth Circuit Court of Appeals Reverses Summary Judgment in Employment Discrimination/Retaliation Matter

/cdklawyers.com// 08/25/2012 A plaintiff claimed his employer discriminated against him because of his non-Japanese origin and retaliated against him when he complained about the discrimination. The district court granted summary judgment for the employer, but the Fifth Circuit Court of Appeals reversed that determination. Schirle v. Sokudo USA, L.L.C., et al., No. 11-10788 (5th Cir. […]