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Physician Non-Competes in Indiana – The Old, the New, and the Future

By: Stephanie T. Eckerle, Scott S. Morrisson, and Grant M. Achenbach on July 25, 2024

Restrictive covenants in Indiana have long been a topic of litigation and debate for health care providers, private practices, and health systems.  Historically, and before there were statutory restrictions for physician non-competes, there is a long line of cases that have required physician…

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What Employers Need to Know about New Overtime Exemption Rules with Shelley Jackson (Podcast)

By: Shelley M. Jackson on July 16, 2024

"An estimated 4.3 million workers who had been exempt from overtime are no longer exempt as of July 1. That’s just one changing overtime standard that employers face in the upcoming months. And that’s why the time is now for employers to scrutinize what these adjustments mean for their businesses…

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HIPAA Sanction Policies: The Importance of Enforcement

By: Stephanie T. Eckerle and Shelley M. Jackson on June 3, 2024

Covered Entities as defined in the Health Insurance Portability and Accountability Act and its implementing regulations (“HIPAA”), including health care providers and health plans, must have HIPAA policies and procedures in place to protect the privacy and security of patients’ protected health…

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New FTC Regulation of Non-compete Agreements with Elizabeth Roberson and Scott Morrisson (Podcast)

By: George C. Lepeniotis, Elizabeth M. Roberson, and Scott S. Morrisson on May 9, 2024

Non-compete agreements are common in many industries throughout the United States, but a new Federal Trade Commission rule could, with a few narrow exceptions, totally ban non-compete agreements.

In this episode of the Krieg DeVault Podcast Series, Krieg DeVault attorney George Lepeniotis is joined…

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DOL Releases Final Rule Raising Salary and Compensation Thresholds for Overtime Exemptions

By: Shelley M. Jackson, Virginia A. Talley, and Chloe N. Craft on April 25, 2024

On April 23, 2024, the U.S. Department of Labor (DOL) released a final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which increases the salary and compensation thresholds necessary to qualify for certain overtime…

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FTC Issues Rule Banning Non-Compete Agreements

By: Scott S. Morrisson, Elizabeth M. Roberson, and Chloe N. Craft on April 25, 2024

On April 23, 2024, the Federal Trade Commission (FTC) announced its final rule banning virtually all employee non-compete agreements nationwide in approximately 120 days. The FTC initially issued its proposed rule in January 2023. The FTC thereafter received and considered over 26,000 comments to…

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Compulsory Paid Leave: Is It in the Budget?

By: Elizabeth M. Roberson and Chloe N. Craft on April 4, 2024

At the beginning of March 2024, the Biden Administration released its proposed budget (the “Budget”) for the 2025 fiscal year. In the Budget, the Biden Administration provides funding for a new national paid family and medical leave program (the “Program”). The Program is merely a proposal and will…

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Non-Compete A Non-Option? Consider Garden Leave

By: Nancy J. Townsend on March 25, 2024

Effective post-employment restrictions have fallen into limbo. Several states have banned such restrictions outright, and the FTC has taken steps to eradicate them.1 Most states disfavor noncompete agreements and many impose unpredictable and shifting tests of validity. Court decisions provide no…

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Illinois Employment Alert: Add Paid Leave Policy to Employee Handbook

By: Nancy J. Townsend on March 15, 2024

Effective January 1, 2024, most full-time employees in Illinois are entitled to 40 hours of paid leave annually, to be used for any reason. Illinois now joins Maine and Nevada as the only three states implementing such legislation. The Paid Leave for All Workers Act (PLAWA) emphasizes liberal…

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Adapting Performance Metrics for Employees on Reduced Schedules for FMLA and Other Protected Leave

By: Nancy J. Townsend and Shelley M. Jackson on March 12, 2024

A recent federal court decision reminds employers that workers on reduced schedules as part of federally guaranteed leave must have their performance metrics scaled down proportionately. In the case of Wayland v. OSF Healthcare System (No. 23-1541, February 28, 2024), the Seventh Circuit Court of…

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President Biden Issues Executive Order on Artificial Intelligence

By: Alexandra Wilson Pantos and Shelley M. Jackson on November 2, 2023

On October 30, President Biden issued his Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, along with a companion Fact Sheet issued by the White House. The Executive Order establishes the federal government’s priorities with respect to Artificial…

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SCOTUS Raises the Bar for Employers in Denying Religious Accommodations 

By: Elizabeth M. Roberson, Nancy J. Townsend, and Virginia A. Talley on August 21, 2023

On June 29, 2023, the U.S. Supreme Court clarified the “undue hardship” standard that allows employers to reject some employees’ requests for a religious accommodation under Title VII of the Civil Rights Act of 1964 (“Title VII”). With the Court’s recent decision in Groff v. DeJoy,1 employers must…

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