Non-Compete/Non-Solicitation Agreements and the Blue Pencil Doctrine To be enforceable under Indiana law, non-compete and non-solicitation agreements must be reasonable. The employer typically must show how a violation subjects it... Continue Reading...
Continue ReadingNon-Compete Agreements for Indiana Employers
The Indiana Supreme Court recently decided a case that involved non-compete agreements. Consequently, Indiana employers should think twice about how they address damages in such agreements. Liquidated Damages and Non-Compete Agreements... Continue Reading...
Continue ReadingThoughts on Workplace Romance and Fraternization Policies in Indiana
When I train management teams on sexual harassment across Indiana, I often am asked about workplace romance and fraternization policies. In many workplaces, co-workers spend a lot of time together.... Continue Reading...
Continue ReadingData Security – Don’t Forget About Your Employees
One challenge that keeps General Counsel and business owners up at night is data security. Without question, focusing on the technology side of the data security equation is important. Also... Continue Reading...
Continue ReadingDOL’s New Rule Impacts Overtime Eligibility
The U.S. Department of Labor released its final rule (Rule) regarding the so-called “white collar” exemptions from the overtime requirements of the federal Fair Labor Standards Act (FLSA). The Rule... Continue Reading...
Continue ReadingDOL – Employers May Not Delay Designating FMLA Leave, Even at Employee’s Request
In two recent Opinion Letters, the U.S. Department of Labor (DOL) concluded that employers may not delay designating FMLA leave, even at an employee’s request. General Counsel, business owners, and... Continue Reading...
Continue ReadingCoach’s Hat Trick on Damages: $1.28M Pay + $750K Non-Economic + $2.43M Fees/Expenses
In Shannon Miller v. The Board of Regents of the University of Minnesota, Case No. 15-cv-3740 (PJS/LIB) (D. Minn. Sept. 6, 2019), a federal court modified and upheld a jury... Continue Reading...
Continue ReadingFederal Court – Doctor Who Claims She Cannot Work May Proceed with ADA Claim
This post is for anyone involved in the process of exploring reasonable accommodations for applicants and employees with disabilities and for anyone involved in the process of terminating employees. The... Continue Reading...
Continue ReadingEmployee Retention – Beware of the Tree Avalanche
I recently did some hiking and other activities throughout the South Island of New Zealand. While kayaking, I noticed a mountainside, otherwise covered with trees, with a huge bare patch... Continue Reading...
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