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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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United States Supreme Court Rules on Pregnancy Discrimination Case

July 02, 2009
The United States Supreme Court recently overturned a Ninth Circuit Court of Appeals opinion when it ruled that an employer did not violate the Pregnancy Discrimination Act (“PDA”) when, prior to the PDA’s enactment, it gave less retirement credit for pregnancy leave than for other medical leave.  AT&T Corp. v. Hulteen, __ U.S. __ (May 18, 2009), available at http://www.supremecourtus.gov...

EEOC Issues Employer Best Practices for Workers with Caregiving Responsibilities

July 02, 2009
The Equal Employment Opportunity Commission recently issued its Employer Best Practices for Workers with Caregiving Responsibilities to supplement its 2007 Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities.  Caregiver responsibilities include: childcare, eldercare, or care for a disabled individual. While the Guidance describes the circumstance...

Arbitrating Employment Disputes Under FINRA Rules

July 02, 2009
A professional employed in the securities industry will likely need to resolve a dispute with an employer via arbitration (instead of litigation) pursuant to the rules governing that industry. The United States securities industry is regulated by the Financial Industry Regulatory Authority (“FINRA”). FINRA was created in July 2007 through the consolidation of the National Association of Secur...

Disputes Regarding Commission Plans

July 01, 2009
Many employers pay sales commissions to employees, particularly in industries such as real estate, financial services, pharmaceutical sales, car sales, or other sales-related fields.  In a strong economy, commission plans benefit both employers and employees, however, when the economy weakens, disputes over commission payments often arise. Often these disputes arise when an employee leaves a ...

Proposed Federal Law Would Bar Certain Pre-Dispute Arbitration Agreements

July 01, 2009
Bills introduced in both the United States Senate and the House of Representatives would, if signed into law, amend the Federal Arbitration Act to prohibit mandatory pre-dispute arbitration agreements in the employment, consumer, franchise, and civil rights contexts.  Proponents of these bills believe that the Federal Arbitration Act has been wrongly applied to disputes between parties of gr...

Employment Law Attorney Steve Kardell Files Lawsuit

May 20, 2009
Dallas employment lawyer Steve Kardell, a partner at Dallas employment law firm Clouse Dunn Khoshbin LLP, filed a lawsuit this week against the Texas Attorney General’s office on behalf of a whistleblower (http://pdfserver.amlaw.com/tx/weatherspoon.pdf). Plaintiff Ginger Weatherspoon alleges that she was terminated from her position as an attorney at the Office of the Attorney General becau...

Age Discrimination in Employment Act - Dallas Employment Lawyer Educates

April 28, 2009
Dallas, Texas -- The Age Discrimination in Employment Act of 1967 (“ADEA”) protects individuals age forty or older from employment discrimination based on age, whether the individual is an employee or a job applicant. The ADEA applies to employers that (1) are engaged in an industry affecting commerce; and (2) employ twenty or more employees for each working day in each of twenty or more calen...

Unemployment Compensation in Texas by Dallas Lawyer

April 28, 2009
Unfortunately, the recent economic downturn has forced employers to lay off employees, many of whom may be entitled to unemployment compensation. Unemployment compensation funds are paid to certain unemployed workers who are searching for new jobs. The Texas Workforce Commission administers this government program and distributes funds from a tax paid by most employers. A person’s benefits ar...

Dallas Employment Lawyer Explains - Age Discrimination in Employment Act

April 28, 2009
The Age Discrimination in Employment Act of 1967 (“ADEA”) protects individuals age forty or older from employment discrimination based on age, whether the individual is an employee or a job applicant. The ADEA applies to employers that (1) are engaged in an industry affecting commerce; and (2) employ twenty or more employees for each working day in each of twenty or more calendar weeks during...

The Whistleblower Provisions in the Economic Stimulus Package

April 23, 2009
President Barack Obama recently signed into law the American Recovery and Reinvestment Act (the “Act”) in an effort to stimulate American’s sinking economy. The Act applies to whistleblowers who work for employers that will receive stimulus funds. It protects whistleblowers from reprisal if certain conditions are met. First, the whistleblower must report wrongful conduct related to: (1) gross...