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December 04, 2017

Lowe’s Companies Sued for Disability Discrimination in Texas

The United States Equal Employment Opportunity Commission (“EEOC”) recently filed suit in the U.S. District Court for the Northern District of Texas against Lowe’s Companies, Inc. for discrimination under the Americans with Disabilities Act (“ADA”). The EEOC asserts that Lowe’s failed to accommodate a department manager’s disability and instead unlawfully demoted him to a lower paid positio...
Lowe’s Companies Sued for Disability Discrimination in Texas
November 30, 2017

Arbitration Agreements Explained by Dallas employment lawyer

As a condition of employment, many employees must sign an employment contract. It is common for such agreements to contain arbitration clauses. Arbitration clauses may also be embedded in handbooks that employees are directed to sign, acknowledging that they have read and agree to the terms. Often times employees sign arbitration agreements without looking them over and understanding exactl...
Arbitration Agreements Explained by Dallas employment lawyer
November 29, 2017

Can You Fire Someone For Participating In Public Protests?

President Trump has recently spoken out regarding NFL players taking a knee during the national anthem, stating that NFL owners should fire the “sons of bitches” for “disrespecting the flag.” This statement has since sparked even more protests and further divided our nation’s culture war between those who protest the oppression of people of color and white supremacists who participate in ra...
Can You Fire Someone For Participating In Public Protests?
November 22, 2017

Creating a Harassment Free Work Environment

1/01/2017 (press release: cdklawyers) // Dallas, Texas, United States // Keith Clouse Although the spotlight right now seems to be on Hollywood with the Harvey Weinstein scandal, it is important for employers to remember that sexual harassment claims can occur in any workplace. Because sexual harassment is a type of sex discrimination prohibited by Title VII of the Civil Rights Act of 196...
Creating a Harassment Free Work Environment
October 04, 2017

Texas Employers Are Protected From Class Action Suits (For Now)

Employers may require employees to sign class action waivers as a condition of employment, and the Fifth Circuit has made it clear that such waivers will be enforceable against employees - preventing them from litigating disputes as a class or collective action. Convergys Corp. v. National Labor Relations Board, No. 15-60860 (5th Cir. Aug. 07, 2017), available at http://caselaw.findlaw.com/...
Texas Employers Are Protected From Class Action Suits (For Now)
September 27, 2017

Department of Labor Expands Fiduciary Duties Owed Under ERISA

In an effort to combat perceived conflicts of interest for those rendering retirement planning advice, the United States Department of Labor (DOL) has recently expanded the definition of “investment advice fiduciary” under the Employee Retirement Income Security Act of 1974 (ERISA). Traditionally, investment brokers have been paid by commissions - hampering their ability to give truly ob...
Department of Labor Expands Fiduciary Duties Owed Under ERISA
April 03, 2017

Houston Jury Awards $6.4M In Hospital Defamation Case

On March 29, 2017, the jury in the case of Gomez v. Memorial Hermann Hosp. Syst., rendered a verdict against Memorial Hermann in the amount $6.4 million for defaming Dr. Gomez’s reputation and making false statements about his surgical competence. Dr. Gomez sued Memorial Hermann almost five years ago, alleging that it misused the peer review process and manipulated data to harm his practice...
March 29, 2017

Fort Worth Court Of Appeals Finds Online Arbitration Policy Unenforceable

Dallas employment attorney Keith Clouse stresses the importance of expressly notifying employees of company arbitration policies. Many companies use online acknowledgments to enter into arbitration agreements with employees. However, under Texas law, these are only enforceable if the employee received notice of the policy and accepted it. A recent opinion from the Fort Worth Court of Appeal...
February 09, 2017

Your Duty To Preserve Includes Social Media

Dallas employment lawyer Keith Clouse recommends lawyers talk with their clients about preserving their social media accounts. A party has a duty to preserve evidence that will be material and relevant to any claims at issue. This duty includes social networking platforms such as Facebook, Twitter and LinkedIn. Nowadays, social media is more likely to contain relevant information, which som...
September 08, 2016

Preservation Steps For Executives Anticipating Litigation

Dallas employment lawyer Keith Clouse suggests that executives take these preservation steps if anticipating litigation for misappropriation of trade secrets.         1.  Image your personal computer and email. Preserving the metadata on your personal devices is extremely important. Most employers will accuse you of stealing or misappropriating confidential information and trade secrets. ...