Dallas Employment Lawyer - Keith Clouse

Executive Employment Lawyer
Attorney Keith Clouse is a nationally recognized employment law attorney. This website and all materials on it have been prepared by Clouse Dunn LLP for informational purposes only. These materials do not, and are not intended to, constitute legal advice.

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Dallas

Downsizing Your Company? Keep The WARN Act In Mind

December 12
The Worker Adjustment and Retraining Notification (“WARN”) Act is a federal law which requires certain covered employers to give advanced written notice to employees who will be affected by a large-scale layoff or plant closure. Employers are covered by WARN if they have a minimum of one hundred employees who are full-time (excluding employees who have been working less than six months and t...

Texas Court Invalidates Expanded Overtime Rule

December 06
The Fair Labor Standards Act (“FLSA”) is a federal statute setting forth a minimum wage and requiring employers to pay overtime rate of time-and-a-half for non-exempt employees who work more than 40 hours in a week. Certain employees may be classified as exempt from this required overtime pay if they make above a certain salary level and perform primarily executive, administrative, or profes...

What It Means to Be a “Perfectly Clear” Successor in Texas

December 05
The United States Supreme Court has formerly held that when its is “perfectly clear” that a successor employer intends to retain employees of its predecessor, it is “bound to recognize and bargain with the union” that represented those employees.  NLRB v. Burns Int’l Sec. Servs., Inc., 406 U.S. 272, 284 (1972), available at https://www.law.cornell.edu/supremecourt/text/406/272. That same cas...

Lowe’s Companies Sued for Disability Discrimination in Texas

December 04
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 position...

Arbitration Agreements Explained by Dallas employment lawyer

November 30
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 exactly...

Can You Fire Someone For Participating In Public Protests?

November 30
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 ral...

Creating a Harassment Free Work Environment

November 23
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 19...

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

October 04
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/u...

Department of Labor Expands Fiduciary Duties Owed Under ERISA

September 28
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 o...

Houston Jury Awards $6.4M In Hospital Defamation Case

April 03
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 ...