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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Fifth Circuit Reverses Summary Judgment in Discrimination Claim

July 27, 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 20, 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 13, 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 03, 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 03, 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...

Fifth Circuit Rules on FLSA Release by Clouse Dunn LLP

June 21, 2015
The Fifth Circuit Court of Appeals recently ruled on whether a release agreement covered claims under the Fair Labor Standards Act. Bodle v. TXL Mort. Corp., No. 14-20224 (5th Cir. June 1, 2015), available at http://www.ca5.uscourts.gov/opinions/pub/14/14-20224-CV0.pdf. The plaintiffs filed a lawsuit against their former employer and its president, alleging that they were not paid for ov...

What Does it Mean to “Prevail” in a Discrimination Suit?

June 15, 2015
The Fifth Circuit Court of Appeals recently interpreted a Texas statute concerning what it means to “prevail” in a Texas age discrimination lawsuit. Peterson v. Bell Helicopter Textron, Inc., No. 14-10249 (5th Cir. June 4, 2015), available at http://www.ca5.uscourts.gov/opinions/pub/14/14-10249-CV0.pdf. Dallas employment lawyer Keith Clouse explains. The jury found that the e...

Fifth Circuit Rules on Texas Discrimination Law

June 15, 2015
The Fifth Circuit Court of Appeals recently ruled in a discrimination claim brought under Texas law. Peterson v. Bell Helicopter Textron, Inc., No. 14-10249 (June 4, 2015, available at http://www.ca5.uscourts.gov/opinions/pub/14/14-10249-CV0.pdf). The plaintiff was laid off during a reduction in force. He claimed his employer targeted him because of his age. The jury concluded that the e...