Employers Beware With Your Non-Competes: The Blue Pencil Doctrine is Really ONLY an Eraser

by Karen Young

On December 3, 2019, the Indiana Supreme Court clarified the limited power courts have to revise non-competition agreements.  While Indiana is a “blue pencil doctrine” state, courts won’t do your drafting for you.

The facts of the case, Heraeus Medical, LLC, v. Zimmer, Inc., et. al., 135 N.E.3d 150 (Ind. 2019), are these:

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Salary Changes in Overtime Laws are Finally Coming on January 1, 2020

by Shannon Middleton

New overtime rules go in effect on January 1, 2020 that may affect whether your employees qualify for an exemption from overtime pay. You may recall that a previous rule in 2016 to increase salary levels was blocked by a federal judge before the rule went into effect. Thankfully, for employers, this new rule is a smaller increase in salary levels than the 2016 rule.

In summary, the salary threshold for two exemptions from overtime pay -- the white collar exemption and the highly compensated employee exemption -- are increasing on January 1, and certain nondiscretionary bonuses and incentive payments can be used to satisfy a portion of the salary threshold. This means that employers will need to increase salaries, nondiscretionary bonuses, or nondiscretionary incentive payments to retain the exemptions or pay overtime to employees who do not meet the new test.

The full details on the final rule can be found in the Department of Labor press release, but here's a brief summary of the changes:

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Two Considerations Startup Founders Should Understand Before Fundraising

by Audrey Wessel

Growing startups often reach a point at which fundraising is either necessary to continue the growth of the business, or appealing for other reasons. If you are considering taking on investment funds for your startup, there are several basic considerations you should keep in mind. This post covers two aspects that may often be overlooked by founders, causing potentially significant issues for your business and fundraising in later stages.  

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Meet Wes Zirkle, The Newest Addition to Our Indy Team

by Gutwein Law

We’re just going to say it: we’re picky. So, when we started our search for an attorney to join our team in Indianapolis, we took our time in finding someone who had the right mix of skills. The ideal candidate is business-savvy, detail-oriented, and widely experienced.

With that criteria in mind, when we found Wes Zirkle, we knew he was a perfect fit for our team and clients, alike.

Wes comes to Gutwein Law with nearly 20 years experience as an attorney representing celebrities, advising Fortune 1000 companies, growing a small business into a global leader in its field, and leading marketing agencies. He bears all the qualities we prize in our people: intelligence, integrity, and a burning desire to help our clients grow. In the Q&A below, Wes explains why he left his in-house past behind, his love for seafood, and more.

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What Documents Do I Need to Form a Company?

by Audrey Wessel

You're thinking of starting a business. You might have researched the requirements for legally forming a business in your state, which usually means filing certain documents with the secretary of state. Is this all you need to do? Are there any additional documents or agreements you should have in place? While your state may not require additional documents be filed, many companies will want to create additional internal documents governing the company, perhaps for the reasons described in this post.

Common formation documents include bylaws or an operating agreement, depending on the type of entity you filed; resolutions confirming your officers and/or board members, and setting forth the ownership of your company, if there are multiple owners or members; and certain agreements for founders, depending on your business, which may include intellectual property transfer agreements, or vesting agreements for the founders' equity.

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