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Labor and Employment

Indiana Blue Pencil Doctrine is More of a Blue Pen Doctrine as it Permits Courts to Strike through but not Erase Unenforceable Provisions in Restrictive Covenants

Indiana employers striving for strong but enforceable competitive restraints on their employees have new guidance from the Indiana Supreme Court’s decision in: Heraeus Med., LLC v. Zimmer, Inc., No. 19S-PL-471, 2019 WL 6485087 (Ind. Dec. 3, 2019)

Kolbe initially worked as a regional group director…

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Employers Gain By Noting Discipline Problems As They Occur

A recent decision of the Seventh Circuit Court of Appeals sensibly finds that an employer’s failure to address behavior problems immediately does not necessarily forfeit its right to count those “black marks” on the employee’s record when making employment decisions later. The court also confirms…

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DOL Issues Proposed New Overtime Rule

The U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking yesterday with respect to current overtime regulations.  The status of the DOL’s overtime regulations has been in limbo since 2016, when a final rule was issued changing the salary requirements for the categories of employees…

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Status of New Overtime Regulation under the FLSA

After months of employers wondering what would happen to the new overtime rule that was to go into effect on December 1, 2016, but was halted through an injunction issued by a federal district court, we have some new insight.  But first, some history. 

The anticipated overtime rule under the Fair…

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