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.



“Off the Clock” FLSA Claims

December 01, 2014
Wage and hour claims under the Fair Labor Standards Act often involve “off the clock” work. While an employer may try to defend an FLSA lawsuit by claiming that it didn’t know the employee was working longer hours, that defense may not help the employer: Under the FLSA, an employer is liable for “permitting” an employee to work, and an employee can prove a case by showing that the employer knew...

FLSA Definition of “Employ”

December 01, 2014
Many employers who are confronted with wage and hour claims immediately respond by saying, “But I didn’t even know he was working those hours!” While this seems like a valid defense, unfortunately, it is rarely successful without more support.The Fair Labor Standards Act defines the term "employ" to include the words "suffer or permit to work." Therefore, an employee covered by the FLSA who spe...

Executive Employment Agreement: Disability Clause

November 24, 2014
Keith Clouse, a Dallas employment lawyer who regularly negotiates employment agreements on behalf of executives, notes that some provisions may get overlooked during the negotiation process. One such provision is a disability clause. Parties may think the clause is unimportant because they believe it will not likely take effect. Nevertheless, because both an employer and an executive have an in...

Sexual Harassment and the Office Holiday Party

November 23, 2014
Office holiday party stories are legendary--and for good reason. Festive attire, dim lighting, party music, and adult beverages can lead directly to sexual harassment allegations and lawsuits. Keith Clouse, a Dallas employment lawyer who advises employers on personnel matters, shares these ideas for avoiding legal liability.1. An employer’s duty to protect its employees from sexual harassment e...

Showing Gratitude to Your Employees

November 16, 2014
Many employers embrace workplace lunchtime celebrations. They are a relatively inexpensive way to build employee morale and to show an employer’s appreciation for the staff. In the next two weeks, many American employers will host Thanksgiving celebrations. Keith Clouse, a Dallas employment lawyer, suggests that an employer consider these tips to make a noontime party a success.1. When decorati...

Constructive Discharge: When a Resignation “Counts” as a Termination

November 09, 2014
In a discrimination case, a plaintiff must prove that an adverse action was taken because of the person’s race, gender, or other protected characteristic. In many cases, the adverse action complained of is a termination. But, a plaintiff may satisfy the adverse action requirement even if he voluntarily quits work. To do this, a plaintiff must demonstrate that he was “constructively discharged.”...

Fifth Circuit Reverses Jury Verdict for Plaintiff

November 09, 2014
The Fifth Circuit Court of Appeals recently reversed the trial court’s ruling for the plaintiffs in an age and race discrimination matter. Perret v. Nationwide Mutual Ins. Co., No. 13-40867 (5th Cir. Oct. 20, 2014), available at http://www.ca5.uscourts.gov/opinions%5Cpub%5C13/13-40867-CV0.pdf.An employer placed two employees on coaching plans and, later, on Performance Improvement Plans. The em...

Negotiating an Employment Agreement: Setting the Right Tone

November 03, 2014
Dallas executive employment attorney Keith Clouse regularly drafts and negotiates employment agreements on behalf of his clients. He notes that--despite assurances by the company to the contrary--the executive’s attitude during the negotiation process often sets the tone for his future relationship with the company and its key executives. That’s why an executive must adopt a posture and a negot...

Election Day is Here: Refresher from an Employment Lawyer

November 02, 2014
Election Day is almost here, so Dallas employment law specialist Keith Clouse provides employers with a refresher on employee voting rights. First, employees must be given paid time off to vote unless the polls will be open for two hours outside of the employee’s normal working hours. For example, if an employee works 8-4:30, she does not need to receive paid leave if she chooses to vote during...

Strong Written Agreement Key in Change in Control Agreement

October 26, 2014
A change in control agreement (also known as a golden parachute) guides employment issues for an executive whose employer is purchased by another company. For example, an executive enters into an employment agreement that contains a change in control provision with Widget World. Five years later, Acme Widgets purchases Widget World. This purchase triggers the change in control provisions in the...