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House of Representatives Passes Legislation Limiting Joint-Employer Liability : Nov 15th - On November 7, the House of Representatives voted to pass a bill that would reverse the National Labor Relations Board’s (“NLRB”) ruling in Browning-Ferris Industries, 362 NLRB No. 186 (2015), that greatly expanded joint employer liability for business. Under Browning-Ferris, the NLRB held that a company that has “indirect” or “potential” control over the employees of another company may be considered a joint employer of those employees. That decision is currently on appeal before the D.C. Circuit Court of Appeals. Notwithstanding the outstanding appeal, the House passed the Save Local Business Act 242-181 with eight Democrats crossing the aisle to vote in favor of the Save Local Business Act. Representative Bradley Byrne introduced the Act in the House to combat the significant changes in the joint employer analysis caused by the broad ruling in Browning-Ferris. The bill was co-sponsored by 123 Representatives, including three Democrats. The Save Local Business Act would amend Section 2(2) of the National Labor Relations Act (29 U.S.C. 152(2)) and Section 3(d) of the Fair Labor Standards Act (29 U.S.C. 203(d)) by clarifying when a person or company is a joint employer. A person would qualify as a joint employer under the Save Local Business Act if the person “directly, actually, and immediately, and not in a limited and routine manner, exercises significant control over essential terms and conditions of employment.” Such terms and conditions explicitly include “hiring employees, discharging employees, determining individual employee rates of pay and benefits, day-to-day supervision of employees, assigning individual work schedules, positions, and tasks, or administering employee discipline.” The Save Local Business Act returns the joint employer analysis to the pre-Browning-Ferris standard. Prior to Browning-Ferris a company only qualified as a joint employer if it exercised “direct and immediate control” over another company’s employees, but Browning-Ferris broadened that joint employer standard to determine that any company that possessed “reserved and indirect control” over another company’s employees – even if not actually exercised – could qualify as a joint employer. This new standard significantly altered the determination of when a company qualified as a joint employer, particularly in – but not limited to – franchisor-franchisee or contractor-subcontractor relationships. The Save Local Business Act seeks to codify the prior standard that direct and immediate control over essential terms and conditions of employment is necessary to qualify as a joint employer. Under the Save Local Business Act, determining common marketing or operation strategies would not extend employer liability to an independent entity responsible only for these overarching general strategies or policies. For example, a franchisor or parent company directing its franchisees or subsidiaries to follow consistent promotions or uniform and appearance policies would not qualify as a joint employer under the Save Local Business Act, but arguably would under Browning-Ferris. Similarly, a construction company overseeing a project involving multiple contractors and subcontractors would not qualify as a joint employer under the Save Local Business Act simply because it set a general schedule for when certain components of the project should be completed, although such an arrangement may result in exposure to joint employer liability under Browning-Ferris. The Save Local Business Act will now move to the Senate where the support of at least eight Democrats will be needed to avoid a filibuster in that chamber of Congress. For more information on this topic, please contact a member of Benesch's Labor & Employment Practice Group Peter Kirsanow at pkirsanow@beneschlaw.com or 216.363.4481. Adam Primm at aprimm@beneschlaw.com or 216.363.4451.
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PTO Accruals : Nov 13th - We are currently reviewing our PTO accrual levels and I'm curious as to what other companies are offering for PTO (what years of service do accrual rates change and what accrual rates are offered). I've looked on the MAPP website for information, but haven't been able to find anything. If anyone knows of a document that has been published about this, I would love to know where it is located! Thanks! Jen
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2000 ton press time needed : Nov 12th - Projecting a need for 2000 ton press time in April 2018. Should be 3 releases per year and each release should be a 3 day run. Resin will be a carbon filled nylon or PPS. Please contact Andy at avartanian@geminiplastics.net Andy
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The Obama Administration’s Overtime Final Rule: Unlawful and Revisited : Nov 2nd - On October 30, 2017, the Department of Labor (the “Department”) filed a notice to appeal a decision by Judge Amos Mazzant of the Eastern District of Texas, holding that the Overtime Final Rule (“Final Rule”) was unlawful. The Department announced that once the appeal is docketed, the Department of Justice will file a motion with the United States Court of Appeals for the Fifth Circuit to hold the appeal in abeyance while the Department revisits the Final Rule and undertakes further rulemaking. The Final Rule was set to be effective on December 1, 2016. Over 55 business groups and 21 states challenged the Final Rule by filing actions, which were consolidated, in the United States District Courts in Texas. State of Nevada v. United States Department of Labor, No. 4:16-cv-731; Plano Chamber of Commerce v. Acosta, No. 4:16-cv-732. On November 22, 2016, Judge Mazzant granted the State Plaintiff’s Motion for Preliminary Injunction, thereby enjoining enforcement of the Final Rule on a nationwide basis. The Department filed a notice to appeal the injunction, but the Department did not actively defend the Final Rule after President Trump took office. Also pending before Judge Mazzant was Business Plaintiff’s Motion for Summary Judgment regarding the validity of the Final Rule. On August 31, 2017, the judge issued an opinion and order holding that the Final Rule was unlawful. Judge Mazzant concluded that the Department did not have the authority to use solely a salary-level test to affect changes to the overtime exemption of employees functioning in bona fide executive, administrative, or professional capacities. According to Judge Mazzant, it was Congress’ intent to exempt from overtime pay employees who perform “bona fide executive, administrative, or professional capacity” duties. Thus, the Department had to also consider the duties of employees employed in bona fide executive, administrative, or professional capacities in making changes to the availability of the exemption. A few changes that the Final Rule, now invalid, would have made if enacted include: (1) an increase of the annual salary threshold for an overtime exempt position to $47,476; (2) an automatic updating mechanism that adjusts the minimum salary level every three years[1]; (3) the use of nondiscretionary bonuses to satisfy up to 10% of the general salary threshold (if incentives were made on a quarterly or more frequent basis); and (4) an increase of the annual highly compensated employee’s salary threshold from $100,000 to $134,004. Looking Forward: Employers should note that the Final Rule will not take effect for now but should seek counsel regarding this issue. Given that the DOL will be conducting further rulemaking, the Final Rule likely will not survive as written. We will continue to monitor developments on this issue and provide an update. For more information on this subject, please contact a member of Benesch's Labor & Employment Practice Group. Peter Kirsanow at pkirsanow@beneschlaw.com or 216.363.4481. Nancy Chawla at nchawla@beneschlaw.com or 216.363.4549. [1] Because the Court determined that the Final Rule was unlawful, the Court also held that the automatic updating mechanism was unlawful.
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Using tablets at Injection Molding Presses : Oct 26th - Interested in chatting with anyone using tablets at the presses to capture data instead of manually recording and then keying in a spreadsheet. Thanks in advance! Donna
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Group List

Adair, Faith - Corporate Controller
Banken, Leanne - Accountant
Bortz, T. Denver - Director of Finance & Administration
Bowermaster, Kate - Assistant Controller
Brown, Paul - Controller
Campbell, Marc - CFO
Cashel, Lisa - Controller
Chasko, AJ - Corporate Controller
Clark, Lue Ann - Office Manager
Cobb, Pam - Accounting & Admin Mgr
Craine, Pat - Controller
Cronkright, Lindsay - Director Finance
DaMore, Trystan - Finance Manager
Danielson, Arvid - CFO
Davis, Patti - Controller
Decker, Katie - Accounting Specialist
Doherty, Dawn - Accounting
Edwards, Robert - Controller
Faltus, Ted - Controller
Firestone, June - CFO /Controller
Fish, Matt - CFO
Frederick, Nicholas - Controller
Funteas, Chrys - Director of Accounting
Geiger, Justin - Accounting
Gerding, Annette - CFO
Gomes, Brice - Controller
Halvonik, Beth - CFO
Harriman, John - Cost Accountant
Hiles, Diane - Finance Manager
Hoffman, Diane - Accounting Mgr
Huntley, Jeff - CFO
James, Kathryn - Sr. Accountant
Janssen, Carol - CFO
Johnson, Larry - CFO
Kieper, Dave - CFO
Koebel, Justin - Manager
Koepke, Tammy - Accounting Manager
Kristofeld, Jeffrey - CFO
Loh, Glenn - Chief Financial Officer
Lucas, Don - CFO
Mason, Becky - Accounting
Maxwell, Adam - Controller
McDaniel, Lori - Accounts Manager
Misenti, Jeff - Controller
Molling, Michael - CFO
Morgan, Robin - Accounting Manager
Motschull, Christine - Controller
Muhr, Sarah - Accounting
Muma, Susie - Accounting Manager
Munday, Kim - CFO
Nemeth , Tonya - Finance Manager/HR
Northcutt, Dawn - CFO
Osiecki, Chris - Finance and Administration Manager
Owens, Kristi - Office Accounting Specialist
Pasqual, Ann - Controller
Patel, Amita - Finance
Payable, Accounts - AP
Phillips, Nicholas - Inventory Analyst
Pitts, Cathy - Controller
Robles, Elaine - Accounting
Rorrer, Donna - Plant Accountant
Rosales, Juan - Controller
Ruehl, Bob - CFO
Schnieder, Marvid - Corporate Controller
Schoenborn, Karen - Director of Finance
Shay, John - VP of Finance
Silva, Larry - Division CFO
Smith, Mark - Controller
Stack, Eric - CFO
Stampka, Amy - Controller
Sullivan, Ryan - Financial Manager
Tackett, Kim - IT Systems Manager
Tate, Terry - CFO
Taylor, Nicky - CFO
Thomas, Pamela - Senior Accounting Manager
Tocki, Lenore - CFO
Ulberg , Greg - Director of Finance
Wachter, Adam - CFO
Wirth, Joy - Controller
Yost, Dale - CFO
Zacharias, Shari - Controller/Corporate Secretary
Ziegenhorn, Mark - CFO
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