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

Engaging in the Interactive Process

August 02, 2015
The Americans with Disabilities Act requires an employer to offer an employee with a disability a “reasonable accommodation.” An employer identifies an appropriate reasonable accommodation by engaging in the “interactive process.” Dallas employment law attorney Keith Clouse explains. Once an employee asks that his employer accommodate his disability, the employer ...

What is a Reasonable Accommodation?

August 02, 2015
The Americans with Disabilities Act requires an employer to offer an employee with a disability a “reasonable accommodation.” But, what is a reasonable accommodation? Dallas employment lawyer Keith Clouse explains. A reasonable accommodation is an accommodation that an employer can make without suffering undue hardship. The analysis depends on specific facts. For example, a l...

Pretext in an Age Discrimination Case Explained by Dallas Employment Lawyer

July 26, 2015
In an age discrimination termination case under either the federal Age Discrimination in Employment Act or the Texas Commission on Human Rights Act, a plaintiff must first establish a prima facie case by showing that: (1) he was discharged; (2) he was qualified for the position; (3) he was within the protected class at the time of the termination; and (4) he was either replaced by someone ou...

Fifth Circuit Reverses Summary Judgment in Discrimination Claim

July 26, 2015
The Fifth Circuit Court of Appeals recently reversed summary judgment in an age discrimination case. Goudeau v. Nat’l Oilwell Varco, L.P., No. 14-20241 (5th Cir. July 16, 2015), available at http://www.ca5.uscourts.gov/opinions/pub/14/14-20241-CV0.pdf. An eighteen-year employee complained to the human resources department after his supervisor made ageist comments and indicated that he ...

Sending a Demand Letter Regarding an Employment Matter

July 19, 2015
At the outset of an employment law dispute, an employment lawyer may initiate contact with the opposing side (or the opposing side’s attorney) in an attempt to resolve the matter without having to file a lawsuit. In many cases, this contact is made informally with a telephone conversation to determine if the other side is interested in negotiating an out-of-court settlement. In other c...

Proposed FLSA Rules: More Overtime Pay by Dallas Employment Attorney

July 12, 2015
The United States Department of Labor recently announced that it proposes to update the regulations governing which executive, administrative, and professional employees are entitled to the Fair Labor Standards Act’s minimum wage and overtime pay protections. Under the FLSA and corresponding rules, three tests must be met for an exemption to apply: (1) the employee must be paid a p...

U.S. Supreme Court Rules in Favor of Same Sex Marriage

July 02, 2015
In a landmark decision, the United States Supreme Court ruled that the United States Constitution requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state. Obergefell v. Hodges, __ U.S. __, No. 14-556 (June 26, 2015), available at http://www.sup...

Is Your Non-Compete Ancillary to an Enforceable Agreement?

July 02, 2015
Dallas non-compete lawyer Keith Clouse represents employers in non-compete litigation matters and assists them with drafting non-compete agreements. He notes that these agreements are highly technical and require adhesion to statutory requirements. Today, he highlights a recent Fifth Circuit Court of Appeals opinion that reinforces the requirement that all non-compete agreements be “an...

Fifth Circuit Rules in Non-Compete Matter

June 28, 2015
The Fifth Circuit Court of Appeals recently upheld judgment for an employee on a non-compete issue. Hunn v. Dan Wilson Homes, Inc., No. 13-11297 (5th Cir. June 15, 2015), available at http://www.ca5.uscourts.gov/opinions/pub/13/13-11297-CV0.pdf. An employee of an architectural design firm resigned, leaving a client’s project unfinished. After his resignation, the client hired him t...

Waiver of FLSA Claims - Dallas Employment Lawyer Keith Clouse Cautions Employers

June 21, 2015
Parties involved in an employment dispute usually settle with an agreement that provides for the employee’s release and waiver of any future claims arising out of the employment relationship. But, as the Fifth Circuit Court of Appeals recently explained, such a waiver may not always waive an employee’s claims under the Fair Labor Standards Act. Bodle v. TXL Mort. Corp., No. 14-20...