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.



Declaratory Judgment Actions May Benefit Former Employees

May 03, 2010
Dallas non-compete lawyer Keith Clouse believes that, in some cases, an individual who entered into a non-compete agreement with a former employer may benefit by filing a declaratory judgment action and asking a judge to rule on the applicability of the non-compete agreement. In a declaratory judgment action, a judge can establish the enforceability of a non-compete agreement and/or modify its...

Department of Labor Issues Guidance on Interns

April 28, 2010
The United States Department of Labor recently issued a fact sheet to help for-profit employers determine whether interns must be paid minimum wage and overtime pay under the Fair Labor Standards Act. Six criteria must be examined when determining whether an employment relationship exists:1. The internship is similar to training which would be given in an educational environment.2. T...

Executive Employment in a Merger/Acquisition Situation

April 25, 2010
Working for a small company may be desirable for many executives.  An executive often receives equity in a company as part of the executive’s employment agreement, and the executive can reap potentially huge financial benefits if the company mergers with another company or is acquired by a larger company. But when a small company is acquired, big changes usually occur, and an execut...

Texas Doctors Subject to Non-Compete Agreements Must Weigh Options Before Leaving Employer

April 24, 2010
A doctor will likely be asked by an employer to sign a non-compete agreement to prevent the doctor from competing with the employer post-employment.  But a doctor may not closely scrutinize the restrictive terms of a non-compete agreement until the doctor finds a new opportunity and begins to plan an exit strategy.  Keith Clouse, a Dallas employment law attorney who frequently advise...

Can an Employer Require an Employee to Repay Training Costs if the Employee Resigns Shortly After Incurring the Training Costs?

April 15, 2010
America’s workforce is mobile.  This means that an employer may spend thousands of dollars to train a new employee, only to have the employees leave the company a short time later.  Can an employer attempt to recoup theses costs?  Yes, it can. Agreements requiring employees to repay certain costs associated with training are on the rise. These costs could include travel ex...

Healthcare Reform Law Contains Provision Requiring Employers to Allow Reasonable Break Time for Nursing Mothers

April 13, 2010
President Barack Obama recently signed into law a sweeping healthcare reform act, the Patient Protection and Affordable Care Act.  This act contains a provision that has received little attention but that may impact employers in meaningful ways.  Section 4207, entitled “Reasonable Break Time for Nursing Mothers,” amends the Fair Labor Standards Act of 1938 to require empl...

Texas Court of Appeals Rules that Amendment to Federal Law Applies to Lawsuit Brought Under Texas State Law

April 11, 2010
A Texas court ruled that an amendment to the federal antidiscrimination law applies to the state law.  Prairie View A&M Univ. v. Chatha, No. 01-09-00840-CV (Tex. App.—Houston [1st Dist.], April 1, 2010), available at http://www.1stcoa.courts.state.tx.us/opinions/HTMLopinion.asp?OpinionID=87650. A plaintiff must file a charge of discrimination within 180 days after an alleged dis...

Fifth Circuit Affirms Summary Judgment for Employer

April 04, 2010
The Fifth Circuit Court of Appeals recently affirmed summary judgment for an employer in a discrimination case.  Jackson v. Cal-W. Packaging Corp., No. 09-20411 (5th Cir. March 2, 2010), available at http://www.ca5.uscourts.gov/opinions/pub/09/09-20411-CV0.wpd.pdf. The plaintiff sued his former employer for age discrimination after allegedly being fired for non-compliance with the company...

Thinking of Joining a Start-Up Company?

March 30, 2010
An executive at an established corporation may be approached with a great business idea and the chance to be a founding member in a new start-up company.  But before the executive makes a leap, consideration should be given to a couple key areas. First, a young start-up company may not be able to provide competitive compensation, benefits, or support.  Some start-up companies offer i...

Fifth Circuit Court of Appeals Rules for Employer in Religious Discrimination

March 28, 2010
The Fifth Circuit Court of Appeals recently affirmed summary judgment for an employer in a discrimination case.  Kretchmer v. Eveden Inc., No. 09-10556 (5th Cir. March 12, 2010), available at http://www.ca5.uscourts.gov/opinions/unpub/09/09-10556.0.wpd.pdf. The plaintiff sued his former employer for religious and age discrimination after being terminated from his position as a sales accou...