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.

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San Antonio Court of Appeals Addresses Disparate Discipline in Employment

July 02, 2009
The San Antonio Court of Appeals recently upheld summary judgment for an employer accused of discrimination.  Cantu v. Frito-Lay, Inc., No. 04-08-00630-CV, 2009 WL 1339123 (Tex. App.—San Antonio May 13, 2009, no pet. h.). Sales representative Kirk Cantu sued Frito-Lay for discrimination when it terminated him after a customer barred Cantu from its stores because he used saliva...

Sarbanes Oxley Whistleblower Law Texas Employment Lawyer

July 02, 2009
In response to corporate scandals, the United States government enacted the Sarbanes-Oxley Act (“SOX”). SOX establishes new standards for all public companies, their boards, their management, and public accounting firms.  SOX also protects certain whistleblowers from retaliation.  This protection applies to an employee who works for a public company and who alleges that he...

Proposed Federal Legislation: Healthy Families Act

July 02, 2009
A bill recently reintroduced in the House of Representatives would require some employers to offer paid sick leave if the bill is enacted into law.  The Healthy Families Act (“Act”) would require employers with at least fifteen employees to provide one hour of paid sick leave for every 30 hours an employee works, up to 56 hours a year (seven days).  Employees could use thi...

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 Associatio...

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 c...

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://w...

Dallas Appellate Court Rules for Employer in Sex Discrimination Case

July 02, 2009
The Dallas Court of Appeals recently upheld summary judgment for an employer accused of sexually harassing two employees and retaliating against them.  Gumpert v. ABF Freight Sys., Inc., __ S.W.3d __ (Tex. App.—Dallas May 20, 2009, no pet. h.), available at http://www.5thcoa.courts.state.tx.us/cgi-bin/as_web.exe?c05topin.ask+D+150185. Two male employees sued their former employer fo...

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 ...

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 leave...

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 ...