First Impression Case: Fifth Circuit Rules on Ministerial Exception to Employment Discrimination Law

/cdklawyers.com// 11/10/2012 The Fifth Circuit Court of Appeals recently affirmed the dismissal of an employment discrimination lawsuit because it found that the ministerial exception applied. This exception bars employment discrimination lawsuits brought by ministers against their churches. Cannata v. Catholic Diocese of Austin, No. 11-51151 (5th Cir. Oct. 24, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-51151-CV0.wpd.pdf.   The […]

Understanding the “Minor” Provisions in an Employment Agreement

/cdklawyers.com// 12/10/2010 Being savvy business people, executives usually know what key provisions to look for in employment agreements, such as the compensation and non-compete terms.  But employment agreements usually contain other provisions that may appear to be minor, boilerplate terms.  An executive should understand these terms and how they could impact the employment relationship before […]

A Physician Non-Compete Agreement Must Include a Buy-Out Provision

/cdklawyers.com// 10/14/2010 Many employers and Texas physicians enter into covenant not to compete agreements (also known as non-compete agreements).  These agreements typically prevent a doctor from practicing medicine within a certain territory surrounding the employer for a certain period of time after the employment relationship terminates. Keith Clouse, a Dallas, Texas employment lawyer who frequently […]

Texas Employers and Employees May Waive Their Rights to a Jury Trial

/cdklawyers.com// 10/08/2010 In Texas, employers and employees can contractually waive the right to a trial by jury by including a jury waiver provision in a contract that governs their relationship.  Then, instead of a jury determining the outcome of any lawsuit arising from the employment relationship, a judge would hear the testimony and act as […]

Employees and Employers Should Properly Amend Employment Agreements

/cdklawyers.com// 06/13/2010 An employer and a key employee may negotiate an employment agreement at the outset of their employment relationship.  But sometimes the deal that the two parties initially negotiate ceases to be the deal the parties later desire.    When both parties want to change the terms of their agreement, they may be tempted to […]

Department of Labor Issues Guidance on For-Profit Companies’ Use of Unpaid Interns

/cdklawyers.com// 04/28/2010 The United States Department of Labor recently issued a fact sheet to help for-profit employers determine whether interns must be paid minimum wage and overtime pay under the Fair Labor Standards Act. Six criteria must be examined when determining whether an employment relationship exists:1. The internship is similar to training which would be given […]