Foodservice

Employers too often assume that job titles, job descriptions or simply categorizing an employee as "salaried" automatically enables the employer to categorize an employee as exempt, thus avoiding overtime pay. This is NOT the case. The Fair Labor Standards Act (the "FLSA") and the U.S. Department of Labor (the "DOL") have very specific guidelines for classifying employees as exempt or non-exempt.

An employer who purchases employment practices liability insurance likely expects coverage for claims of unlawful employment practices. Unfortunately, the devil is in the details in terms of what types of claims are covered and what types of claims are not covered, as well who is responsible for the legal fees incurred on the part of the employer in defense of such claims.

As an employer, you do not want to hire a new employee only to find out shortly after the hire, that the employee had signed a non-compete agreement with his or her previous employer. The employee in that instance may have less value to your company and the hiring may in fact lead to your company being named in a lawsuit along with the employee where the employer seeks to enjoin or restrict that employee working for you or doing certain things as an employee for your company.

  • Successful defense of the largest privately held specialty food manufacturer in the United States from claims of ownership and royalty disputes by a former associate and holder of royalty agreement.
  • Managed the appeal of an adverse trial court judgment which eventually resulted in the reversal of the trial court in favor of PDH’s client, in a case of first impression in the consumer law field.
  • Represented corporate clients in a trademark violation/unfair competition/Lanham Act case, resulting in a favorable settlement and agreed injunction in favor of the client.

While disputes are generally resolved through a trial (although in fact most disputes are resolved through a settlement after a lawsuit has been filed), many disputes may be resolved in a forum or proceeding that does not involve a court in any way. Two means to resolve disputes are mediation and arbitration.

Background. You work with, or are considering working with, various vendors, suppliers, partners or other third-parties to either bring more value to your customers or to expand the current level of services that you can deliver. You are sharing information with other businesses in evaluating various ventures. These, and many other scenarios, require you to reveal to a third party, and to possibly receive from a third-party, confidential information.

The goal of any contract negotiation is to secure business with an acceptable level of risk. The starting point is to select the right contracting party—or, more importantly, to reject the problematic contracting party. For example, compare the low-margin prospective customer contract where the customer shops primarily for price, and insists his contract form be signed with no changes, to the higher-margin customer. As opposed to the low-margin customer, this type of customer is looking may be looking for a long-term partnering relationship with its vendors.

Texas corporations are creatures of state law, formed under the laws of Texas, referred to as the corporation's state of incorporation. A Texas formed corporation which confines its operations to Texas does not need to worry about the corporate laws of other states. 

But generally shareholders of corporations want them to grow and increase profitability. For this purpose, Texas corporations will oftentimes expand operations outside Texas. Outside of its state of incorporation, a Texas corporation is viewed as a "foreign" corporation.

Risk or Hazard Applicable Insurance Policy
Medical care and loss of income due to death or injury to worker working in the course and scope of his employment Workers Compensation Insurance
Lawsuit brought by injured employee or dependent

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