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	LEGAL UPDATES

	Houston Court Rules in Trade Secret Misappropriation Claim Workplace Retaliation Matter Decided by Texas Court Fifth Circuit Rules for Employer on Discrimination Law Question Pros and Cons of Hiring Independent Contractors The Appellate Process in Employment Matters Small Businesses Should Get Agreements in Writing Texas Non-Compete Lawyer Discusses Recent Texas Appellate Court Case Regarding Non-Compete Agreement Keith Clouse, Employment Lawyer, Discusses Business Disparagement Claims Tread Lightly if an Employer Asks to Amend an Employment Agreement, says Employment Lawyer Keith Clouse Keith Clouse, Employment Law Arbitrator, Discusses the Pros and Cons of Arbitrating an Employment Dispute Texas Employment Law Attorney Discusses Recent Texas Supreme Court Case Texas Employment Law Lawyer Explains What “Right to Work” Means Let it Snow? On a Business Day? Texas Court Finds Employer Did Not Treat Male Employee Differently Genetic Information Nondiscrimination Act Takes Effect Fifth Circuit Court of Appeals Reverses Summary Judgment in Race Discrimination Case Serving Alcohol at a Company Party? Be Careful. Timing Matters in a Workplace Retaliation Case Waiving Federal Age Discrimination Claims in a Severance Agreement Fifth Circuit Court of Appeals Affirms Summary Judgment for an Employer in a Hostile Work Environment Case Dallas Employment Lawyer Keith Clouse Discusses the Recent Settlement in a Lawsuit Over a Non-Compete Agreement Can an Employer Withhold Funds from an Employee’s Paycheck? Some Employers Must Create Affirmative Action Plans The ADA Protects Workers Who Are Perceived to be Disabled An Executive Who Plans to Resigns with “Good Reason” Should Consult with Counsel Doctors Moving to Texas Should Consider Differences in State Non-Compete Laws Employers Should Document Employee’s Shortcomings in Discipline Reports Houston, Texas Court of Appeals Rules for Employer in Non-Compete Matter Federal Court in Dallas, Texas Grants Summary Judgment for an Employer Fifth Circuit Court of Appeals Gives Plaintiff a Chance to Prove Race Discrimination Employers Should Rid the Workplace of Bullies Texas Court Upholds Summary Judgment for Employer in Wrongful Termination Suit Discrimination Lawsuits: Burden-Shifting Framework Explained by Dallas Employment Lawyer Keith Clouse Texas Employment Lawyer Keith Clouse Notes Key Issues an Employee Should Consider when Facing a Lay-Off Dallas Employment Lawyer Keith Clouse Suggests Doctors Seek Counsel Prior to Signing a Non-Compete Agreement Federal Court in Dallas, Texas Considers Employment Discrimination and Retaliation Case Filing for Unemployment Compensation in Texas Smart Use of Smartphones Texas Supreme Court Rules on Arbitration Issue in Employment Dispute San Antonio Court of Appeals Addresses Disparate Discipline in Employment Discrimination Case Dallas Appellate Court Rules for Employer in Sex Discrimination Case Handling Employees Who Habitually Report for Work Late Sarbanes Oxley Whistleblower Law Creating a Company Dress Code Policy Fifth Circuit Court of Appeals Rules for Employer in Discrimination Case Considerations When Hiring an Employee with a Non-Compete Agreement with a Former Employer Age Discrimination in Employment Act Employers Should Create Powerful Job Descriptions Texas Supreme Court Makes Enforcement of Non-Compete Agreements Easier Some Employers Overuse Non-Compete Agreements Fifth Circuit Court of Appeals Rules for Employer in Retaliation Case Equal Pay Act Breach of an Employment Agreement by Employer Constructive Discharge in Texas Rise in Discrimination Charges Expected Corporate Whistleblowing Poor Economy Could Lead to Rise in WARN Claims Fifth Circuit Court of Appeals Rules for Employer in Disability Action Negotiating Employment Agreements Non-Disclosure, Non-Solicitation and Non-Compete Agreements Corporate Executives Must Prepare to Negotiate Severance Pay Agreements Including a “Release” in a Separation Agreement May Help an Employer Avoid Litigation Responding to Sexual Harassment Employment Contracts for Physicians Union Organization in Texas May Increase United States Supreme Court Expands Anti-Retaliation Law President Obama Signs Lilly Ledbetter Fair Pay Act Into Law Arbitrating Employment Disputes Fifth Circuit Court of Appeals Addresses Enforceability of Non-Compete Covenants Under Texas Law Texas Supreme Court Rules on Evidentiary Issue in Age Discrimination Case Employee Free Choice Act Fifth Circuit Analyzes Employee/Independent Contractor Issue Employers May Not Interfere with an Employee’s Duty to Serve on a Jury Proposed Employee Misclassification Prevention Act Would Penalize Employers Who Improperly Classify Employees as Independent Contractors Commission-Based Compensation Plans Fair Labor Standards Act’s Provisions Regarding Overtime Pay Mediation Frequently Resolves Lawsuits Federal Discrimination Laws Federal Law Requires Some Employers to Provide Notice of Mass Layoffs Federal Law Prohibits National Origin Discrimination Property Owners Found Not Entitled to Diminished Value of Land After State Takes Portion for Closing Direct Access to Highway Real Estate Developers Plead and Prove They Are Ready, Willing, and Able to Perform Under a Purchase Contract for Specific Performance Negative Economic Conditions Affect Employment Law Issues Consumer Product Safety Improvement Act Protects Whistleblowers Judicial Review of Arbitration Awards: Supreme Court Holds FAA Provides "Exclusive Regime" for Review Ways to Increase Employee Retention Texas Supreme Court Examines Arbitration Dispute When an Employee is Under Investigation at Work Providing References for Former Employees Developing a Telecommuting Policy ADA Amendments Act of 2008 Avoid Sending Political E-mails at Work Younger Bosses, Older Workers Internet Privacy in the Employment Context Potential Trouble Zones for Employers Dallas Court of Appeals Rules on Non-Compete Agreement Evaluating an Employee's Performance Just What is Sexual Harassment? Negotiating the Best Deal Possible When Leaving a Company Employers Should Anticipate "Hot" Vacation Issues Preparing for a Potential Layoff Employers Should Address Suspected Theft by Employees Navigating the EEOC's Administrative Process Non-Compete Agreements in Texas Federal Law Protects an Employee from Religious Discrimination United States Supreme Court Places Burden of Proof on Employers An Employer May Not Retaliate Against Employees Corporation did not Waive Contractual Right to Arbitration Notwithstanding a Seven Month Battle Over Jurisdiction Employers Turn to Wellness Programs to Reduce Health Care Costs Genetic Information Nondiscrimination Act Signed into Law Warning Signs May Indicate a Potential Firing Discharging an Employee Litigation Over Purchase of Apartment Complex: "As is" Clause not End of the Road - Even with Merger Clause Complex Dispute Over Oil Drilling Rights: No Jurisdiction Over Parent Due to Foreign Subs' Texas Contacts Large Loss Property Subrogation: Property Insurer Entitled to Piece of Insureds' Settlement Funds Commercial Building Owner Sues Manufacturer: Breach of Express Warranty Allows Recovery of Attorneys' Fees Sale of Helicopter Gone Bad: Economic Loss Doctrine Trumps Post-Sale Negligence Claim University Safety Manual Not Give Rise to Premises Liability: Warning of One Potential Danger Not Evidence of Actual Knowledge of Another Potential Danger Lifestyle Discrimination: Employers Penalize Employees for Lifestyle Choices Companies Must Guard Against Resume Fraud United States Supreme Court Limits Judicial Review of Arbitration Awards to Grounds Prescribed by Federal Arbitration Act President Bush Signs into Law Changes to the Family Medical Leave Act Employers Must Provide Employees with Guidelines for E-Mail Communications Texas Supreme Court Finds that a Party Cannot Pursue Arbitration After Substantially Invoking the Litigation Process Employers Should Address “Blogging” by Employees


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