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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Encourage Employees to Vacation

August 16, 2015
Keith Clouse, a Dallas employment lawyer, notes that recent news articles lament the fact that many Americans do not take their allotted vacation time and, that when they do, Americans check in with their offices multiple times a day and drag laptops along to do substantive work. An employer, however, should encourage employees to take vacation leave and to use the time to truly relax. Here...

Preventing a “Raid” on Employees by Attorney Keith Clouse

August 09, 2015
Dallas employment law attorney Keith Clouse discusses steps an employer can take to make a corporate “raid” on its employees less likely. First of all, an employer can improve the corporate culture so that employees are content and invested in the business; satisfied, engaged employees are far less likely to leave than disgruntled employees. An employer should be alert to times when raidi...

Can an Executive “Take” Employees With Him When He Leaves?

August 09, 2015
When an executive decides to change companies, he should know that he cannot take tangible company assets with him. But, what if an executive wishes to “take” personnel with him to his new company? Dallas employment law attorney Keith Clouse discusses. The executive must first review any agreements he has with the company. His employment agreement or separation agreement may expressly pro...

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 must determine what accom...

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 large employer...

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 o...

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 would...

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 cases,...

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 predeter...

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.su...