08/15/2010 // Attorney Keith Clouse Employees do not always need to comply with an employer’s heightened notice policy to maintain Family Medical Leave Act protection. Saenz v. Harlingen Med. Center, L.P., No. 09-40887 (5th Cir. Aug. 2, 2010), available …
08/22/2010 // Attorney Keith Clouse An employee subject to the Fair Labor Standards Act may wish to “work through lunch” so the employee can leave the workplace earlier. But an employer can require an employee to take an unpaid lunch break, provided the …
08/27/2010 // Attorney Keith Clouse The Patient Protection and Affordable Care Act, the new health care reform law, amends the Fair Labor Standards Act to require employers to provide reasonable break times for nursing mothers to express milk. The …
09/07/2010 // Attorney Keith Clouse Most employees begin new jobs by acknowledging receipt and understanding of the employer’s policies. Frequently, such policies state that employees have no right to privacy or ownership over the contents placed on …
09/12/2010 // Attorney Keith Clouse If an employee who is subject to a covenant not to compete leaves an employer to work for a competing business, the employer may find itself in an emergency legal situation. Keith Clouse, a Dallas non-compete lawyer, …
10/01/2010 // Attorney Keith Clouse The Fifth Circuit Court of Appeals ruled for the employer in a recent Title VII and § 1981 race discrimination matter. Jackson v. Watkins, No. 09-10635 (5th Cir. Sept. 13, 2010), available at http://www.ca5.uscourts.gov …
10/25/2010 // Attorney Keith Clouse The Texas Supreme Court recently ruled that an arbitration agreement between an employer and a former employee should be enforced. In re 24R, Inc., No. 09-1025 (Tex. Oct. 22, 2010), available at http://www.supreme. …
10/28/2010 // Attorney Keith Clouse Some employers host office parties to celebrate Halloween. These parties can boost morale and encourage camaraderie among employees. But, to avoid legal exposure, an employer should consider taking some precautions. …
10/31/2010 // Attorney Keith Clouse Employers and employees may find themselves in disputes with one another. Quite often, these disputes can be resolved via mediation or settlement negotiations between attorneys. If so, the parties usually enter into …
11/07/2010 // Attorney Keith Clouse With the holiday season approaching, many employers and employees may be wondering what an employer’s obligations are regarding compensation earned during holiday weeks. The Fair Labor Standards Act, the federal law …
11/08/2010 // Attorney Keith Clouse As the final months of 2010 come around, many employers may be thinking ahead to 2011. The coming new year provides a chance for an employer to reflect on which company policies are working (or not working) and to …
11/14/2010 // Attorney Keith Clouse A resigning employee typically gives an employer two weeks’ notice. The employee then uses the notice period to wrap up projects and to answer questions while the employer either hires a replacement or divides the …
11/18/2010 // Attorney Keith Clouse An employer’s reason for discharging an employee cannot be based on the employee’s membership in a class protected by law. For example, an employer cannot fire an employee because the employee is of a certain race or …
11/26/2010 // Attorney Keith Clouse “Social media” refers to online media that facilitates conversations via the Internet and that allows users to share in creating the media’s content. Social media examples include Facebook and Twitter. Because social …
11/28/2010 // Attorney Keith Clouse The Equal Employment Opportunity Commission (“EEOC”) recently issued final regulations regarding the Genetic Information Nondiscrimination Act of 2008 (“GINA”). GINA prohibits an employer from discriminating against an …
12/01/2010 // Attorney Keith Clouse Many Americans dive into the holiday season with enthusiasm and many also try to complete their online shopping while at work. Yet employees who shop online while at work not only reduce productivity, but they also put …
12/03/2010 // Attorney Keith Clouse The Fifth Circuit Court of Appeals recently affirmed the Department of Labor’s Administrative Review Board’s decision that an employee’s termination did not violate the whistleblower protection provisions of the Sarbanes …
12/09/2010 // Attorney Keith Clouse The Equal Employment Opportunity Commission recently issued a press release detailing statistics from its fiscal year 2010 (available at http://www.eeoc.gov/eeoc/newsroom/release/11-23-10.cfm). The EEOC is the federal …
12/10/2010 // Attorney Keith Clouse Being savvy business people, executives usually know what key provisions to look for in employment agreements, such as the compensation and non-compete terms. But employment agreements usually contain other provisions …
12/14/2010 // Attorney Keith Clouse The Fifth Circuit Court of Appeals recently addressed disability discrimination under the Americans with Disabilities Act. Winborne v. Sunshine Health Care, Inc., No. 09-60765 (5th Cir. Nov. 17, 2010), available at: …
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