Dallas Employment Lawyer - Keith Clouse

Keith Clouse
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.



The Proof Required in a Disability Discrimination Case

December 28, 2014
The Fifth Circuit Court of Appeals recently clarified the standard an employee must meet to prove that she was discriminated against by her employer because of a disability.Under the Americans with Disabilities Act, an employee may establish her claim by offering direct evidence of discrimination. Because direct evidence is often unavailable, an employee may also establish her claim by using th...

Fifth Circuit Rules in ADA Matter

December 28, 2014
The Fifth Circuit Court of Appeals recently addressed the Americans with Disabilities Act. EEOC v. LHC Group, Inc., No. 13-60703 (5th Cir. Dec. 11, 2014), available at http://www.ca5.uscourts.gov/opinions/pub/13/13-60703-CV0.pdf. A nurse--who drove herself to patients’ homes--suffered a grand mal seizure at work. Her doctor advised her not to drive. Shortly thereafter, her employer terminated h...

Portal-to-Portal Act Explained by Employment Lawyer

December 21, 2014
The Fair Labor Standards Act requires employers to pay a minimum wage and to pay overtime compensation for each hour worked in excess of 40 hours each workweek. Congress amended that statute with the Portal-to-Portal Act. This act exempts an employer from liability when an employee is:1. Walking, riding, or traveling to and from the place where the employee performs the principal activities the...

U.S. Supreme Court Rules on FLSA Matter

December 21, 2014
The United States Supreme Court recently held that employers are not required by the Fair Labor Standards Act to compensate employees for time spent waiting for and undergoing security screenings. Integrity Staffing Solutions, Inc. v. Busk, __ U.S. __, Dec. 9, 2014, available at http://www.supremecourt.gov/opinions/14pdf/13-433_5h26.pdf. The employees retrieved products from warehouse shelves a...

Physician Employment Agreements: Termination Without Cause

December 14, 2014
While most Texas doctors focus on the termination for cause/with good reason provisions when negotiating an employment agreement, a physician must also understand the parties’ obligations should either party terminate the agreement without cause or without good reason. Dallas employment contract lawyer Keith Clouse—who regularly advises physicians on employment matters—explains.Almost all physi...

Separation Agreement: Outplacement and Office/Support Services

December 14, 2014
When an executive’s employment relationship ends, he is likely to enter into a separation or severance contract describing the parties’ agreement regarding his separation. Many executives focus--rightly so--on the money terms of these separation agreements. But, as Dallas executive employment lawyer Keith Clouse points out, an executive can often negotiate other points as part of his exit packa...

Questions to Ask When Hiring a Recruit from a Competitor

December 07, 2014
Dallas non-compete lawyer Keith Clouse believes that when an employer hires an employee from a competitor, it must perform a risk assessment regarding the likelihood of litigation. When performing this assessment, the hiring entity should consider the answers to the following questions:• Why is the employee leaving? What are the circumstances surrounding his departure? • How similar are the ne...

Texas Supreme Court Rules for Employee on Contract Claim

December 07, 2014
The Texas Supreme Court recently ruled that the Local Government Contract Claims Act waives a local governmental entity’s immunity from suit for breach of an employment contract. Damuth v. Trinity Valley Community College, No. 13-0815 (Tex. Nov. 21, 2014), available at http://www.txcourts.gov/media/710075/130815.pdf.The employee had a written employment agreement for services as a coach/profess...

“Off the Clock” FLSA Claims

November 30, 2014
Wage and hour claims under the Fair Labor Standards Act often involve “off the clock” work. While an employer may try to defend an FLSA lawsuit by claiming that it didn’t know the employee was working longer hours, that defense may not help the employer: Under the FLSA, an employer is liable for “permitting” an employee to work, and an employee can prove a case by showing that the employer knew...

FLSA Definition of “Employ”

November 30, 2014
Many employers who are confronted with wage and hour claims immediately respond by saying, “But I didn’t even know he was working those hours!” While this seems like a valid defense, unfortunately, it is rarely successful without more support.The Fair Labor Standards Act defines the term "employ" to include the words "suffer or permit to work." Therefore, an employee covered by the FLSA who spe...