Employment & Labor

Executive employment attorneys and Clouse Brown PLLC founding partners Keith Clouse and Alyson Brown have once again been named to the annual Texas Super Lawyers list for their work in employment law. The 2021 edition of Super Lawyers marks Mr. Clouse’s 19th consecutive appearance on the annual list, and Ms. Brown’s 12th. Only five percent of attorneys in Texas receive this distinction. “We’re honored that our clients continue to trust us with their employment-related legal matters, and that we’ve been consistently recognized as reliable counsel,” said Ms. Brown. Last month, the pair was recognized by The Best Lawyers in America
In Austgen v. Allied Barton Security Services, LLC,  No. 19-20613, 2020 U.S. App. LEXIS 20085 (5th Cir. 6/26/2020), a security officer, working for the Port of Houston, encountered back pain in inspecting vehicles. The pain was chronic and had been aggravated by climbing around vehicles. His employer told him to stay home on unpaid leave for a few weeks until some alternative could be found. Some weeks later, he was offered and accepted a supervisory position that was better for his back. Austgen requested transfer to a paid position, but was denied. The Fifth Circuit found the unpaid time off…
Dallas Employment Lawyer Deontae Wherry As a young athlete, I remember the phrase, “Don’t move the goalpost.”  The phrase is often used in sports to describe changing the criteria, or goal, while the game is still in progress. Outside of the sports arena, the phrase is commonly used as a metaphor when the goal is changed after someone has begun an act or process in an attempt to reach said goal. It may be perceived that a person is placed at an advantage or disadvantage when the goal is changed. Now as a lawyer, sometimes I find myself saying, “Don’t move…
In Texas, workplace sexual harassment laws are changing to give employees more time to file claims against more types of businesses in the state, as two new laws went into effect on September 1, 2021. In the past, businesses with fewer than 15 employees were exempt from sexual harassment claims; however, these new laws apply to any company with at least one employee. Small business owners must now be aware that they may face allegations of sexual harassment from which they were previously shielded. Victims of sexual harassment often feel isolated and unheard, especially in the past when their claims…
Sometimes, during an employment lawsuit, the employer will subpoena records from employers before the defendant employer even hired the plaintiff. What relevance would employment records have which date to before the job where the discrimination occurred? Maybe not much. Some defense lawyers seek prior records as much to intimidate the employee as to obtain actual, usable evidence. In Cunningham v. Concentrix Solutions Corp., No. 20-CV-00661, 2021 WL 425099 (E.D. Tex. 2/8/2021), the employee sued saying he had been passed over for promotion for discriminatory reasons. The employer issued a subpoena seeking job information from Alorica, Cuningham’s employer before Concentix. A…
Every school boy and school girl knows the preamble to the U.S. Constotution: “We the People of the United States … and secure the Blessings of Liberty to Ourselves and our Posterity” On that phrase, Henning Jacobson largely based his challenge to the smallpox vaccination in 1904. The state of Massachussetts imposed a smallpox vaccine requirement on every resident. If the residents refused the vaccine, they would incur a $5 fine. Smallpox had been the scourge of America and Europe for decades. But, by 1904, it was common knowledge that the vaccine would save your life. Rev.  Jacobson, an immigrant…
Texas Employment Lawyer Austin Campbell Summary: This article gives a brief overview of the problems that the “manager rule” can cause high-level employees trying to raise concerns about pay issues, as well as the limits of that rule. Categories: At-will; Wrongful termination; Retaliation Claims; Fair Pay; Wage and Hour; Tipped Employees      Continue reading › The post When it doesn’t pay to be the boss: the Fair Labor Standards Act’s “Manager Rule” appeared first on Dallas Employment Lawyer Blog.…
Now that the FDA has given final approval to the Pfizer vaccine, many employers have started requiring employees to get the covid vaccine. Can employers require employees to get a coronavirus vaccine? It is very likely that they can. We start with the general OSHA requirement of all employers to maintain a safe workplace. Every employer must take steps to prevent known dangers in the workplace. Employers do need to make allowances for religious beliefs and medical requirements. But, otherwise, there is no law or regulation preventing employers from requiring the vaccine. One state, Montana, has passed a statute preventing…
In most employment lawsuits, the defense has all the pertinent records. So, as one might expect, some defendants resist producing those documents. In Hernandez v. Clearwater Transportation Ltd., No. 18-CV-00319, 2021 WL 148053 (W.D. Tex. 1/15/2021), the defendant objected to several requests seeking information about other employees who were pregnant. The plaintiff herself was fired soon after complications with her pregnancy. She was alleging pregnancy discrimination in her lawsuit. So, it ought to be obvious that information about other pregnant employees would be discoverable, and probably admissible. The defendant first argued that Plaintiff’s counsel did not confer before filing her…