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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

Andrews, Denna - Human Resouces Manager
Andrews, Charles - VP, Human Resources
Arthur, Natalie - Human Resources Manager
Askelson, Micha - Quality Manager
Atkinson, Darla - Human Resources Assistant
Bangtson, Beth - Sr. HR Business Partner
Bartlett, Linda - Training Coordinator/Human Resources Manager
Bell, Joe - Human Resources Manager
Betz, Elva - Director of Human Resources
Biastock, Abby - Human Resources & Customer Service
Bishop, Brett - Plastics Manager
Blair, Tricia - Human Resources Manager
Boeke, Phil - VP Human Resources
Brannon, Stephanie - Human Resources Manager
Brasuell, Lisa - Human Resources Director
Brockhohn, Jillian - HR Generalist
Brown, Sandy - Human Resources
Bruno, Shelly - HR Manager
Bryant, Brian - Training Contact
Bultman, Michelle - Human Resource Mgr
Carter, Kiera - HR Assistant
Carter, Shelly - Human Resource Manager
Carter, Shelly - HR Director
Cartwright, Carolyn - Human Resources Manager
Chappel, Ed - HR Manager
Christiansen, John - Admin Svc Manager
Church, Linda - Administrative Assistant/HR
Clem, Cynamyn - HR Manager
Clothier, Rob - HR Manager
Colliau, Heather - HR Specialist
Conrad, Kim - Human Resources Manager
Cook, Deb - HR Manager
Cox, Terri - Administrator
Crane, Lynn - Human Resources and Finance Manager
Cranstson, Anna - Human Resources Manager
Cutter, Rhonda - Human Resources
D'Antonio , Adrianne - HR Manager
Dahlin, Debra - Human Resources Supervisor
Davis, Janice - HR Coordinator
Desimone, Alice - Human Resources Manager
Dewing, Theresa - Human Resources
Diaz, Mariana - HR Associate
Dowker, Michael - Human Resources Manager
Duty, Jennifer - Human Resources Manager
Edge, Tanner - Safety Specialist
Elli, Kathy - Human Resources
Ellis, Sarah - Director Human Resources
Enochs, Tarra - Human Resources
Epstein, Amira - Human Resources
Erickson, Cindy - Human Resource Manager
Ermeti, Frank - VP HR
Esteves, Cynthia - HR Manager
Evans, Stacey - Human Resources Manager
Falkner, Sue - HR Manager
Fearnow, Tim - Human Resouces Manager
Fetterman, Michael - Manager Employment/Training Manager
Finch, Lorrie - Human Resources Manager
Fisher, Lori - Human Resource Manager
Flinn, Jason - Human Resources Director
Francik, Elizabeth - Human Resources Manager
Fry, Brendon - Safety, Environmental, TPS Coordinator
Gayton, Laura - Human Resource Manager
Gierke, Gwen - Talenet Development Manager
Goldman, Kathy - HR Mgr
Gonzalez, Patricia - Human Resources Manager
Green, Doug - VP of HR
Guldedava, Natia - Human Resources Director
Hahn, Lynne - Executive Vice President Human Resources
Hamilton, Leah - HR Manager
Hanes, Kristen - Director of Human Resources
Harbin, Tom - Training Contact
Hayden, Jennifer - HR Manager
Henn, Angela - Human Resources Manager
Higgs, Danny - Training Contact
Hildreth, Kimberly - HR Associate
Hill, Ginger - HR Director
Hill, Justin - EHS Manager
Hlavin, Erin - Human Capital Manager
Holm, Jay - Finance/Human Resource Manager
Horvath, Melissa - HR Mgr
Huse, Leah - HR Coordinator
Hyde, Laura - Human Resources
Jackson, Tracy - EHS Manager, Human Resources
Jay , Wendi - HR Manager
Johansson, Rita - Office Manager
Jordan, Rhonda - Human Resources Manager
Jurju, Tammy - Human Resources Manager
Kattau, Jen - Human Resources Manager
Kennedy, Joan - HR Manager
Kiefer, Mandy - Human Resources Manager
Kinser, Rhonda - Human Resources Manager
Kontos, Emily - Sr. Talent Associate
Krady, Jude - Chief People Officer
Lambert, Tina - HR Specialist
Lamone, Brad - VP of Human Resources
LaRue, Sarah - Human Resources Mgr
Lee, Marcia - Human Resources Manager
Loar, Matt - Training Coordinator
Loban, Danielle - HR/CS Manager
Lockman, Jen - Manager of Human Resources
Mabe, Dollie - Human Resources Manager
Mabry, Shane - HR Generalist
McConnell, Marilyn - Learning Facilitator
McDonald, Doug - HR Dir.
Merritt, Rebekah - Human Resources
Metcalfe, Desirae - Human Resources Manager
Metz, Susan - HR Director
Meyer, Teale - Training Coordinator
Milks, Johnathan - Human Resources
Miller, Lydia - H.R. Manager
Mohanty, Reetika - Talent Management Specialist
Morehouse, Randy - Customer Service Rep
Mowery, Catherine - EHS Manager
Myshkoff, Debra - Human Resources Manager
Napier, Ben - Human Resource Manager
Neff, Evelyn - Human Resouces
Nix, Anna - Human Resources Specialist
Olewinski, Cindy - HR Manager
Pankonin, Cristina - HR Business Partner
Parshall, Michael - Human Resources/Safety Manager
Paules, Cindy - HR
Piazza, Lisa - Member Development Coordinator
Pichotta, Lisa - HR Manager
Poe, Deb - HR Manager
Porter, Mary - Corporate HR Manager
Quebedeaux, Dena - Office Manager
Ramsey, Nina - HR Manager
Randolph, Kristen - HR Manager
Rennich, Susan - HR Manager
Rheude, Cathy - Owner, Human Resources Director
Rikansrud, Scott - Safety/IT
Rivera, Nancy - Administrative Supervisor
Robinson, Karen - Human Resources
Ryan, Jessica - Director of Human Resources
Schilling, Chris - Human Resources Generalist
Schmidt, Renee - Human Resources
Shaw, George - Account Executive
Sholtis, Mary - Training Director
Smith, John - Human Resources Manager
Sparks, Erica - HR Manager
Spencer, Winnie - Human Resource Manager
Storms, Jeannette - Human Resources
Strube, Jim - Human Resources
Sundberg, Wendy - HR Manager
Swinford, Stacie - HR
Talaski, Tamera - Human Resources Manager
Taton, Heather - Human Resources Manager
Thomas , Suzie - Hr manager
Turrell, Ashley - Operational Specialist
Turula, Theresa - Human Resources Manager
VanRosendale, Janet - HR Manager
Vanyo, Jeanne - Senior Human Resources Manager
Vargo, Joe - GSPC Contact
Vick, LaTasha - HR Manager
Villicana, Lupe - Human Resource Administrator
Wagnon, Brett - TPS/Safety/Environmental Coordinator
Ward, Cathy - Human Resources and Quality Manager
Wasko, Nancy - Human Resources Manager
Weiner, Heidi - Human Resouces Manager
Wilkins, Linda - Manager of Human Resources
Williams, Melanie - Accounting and Admisitrative Assistant
Williams, Christy - Corp Director HR
Wilson, Virginia - Human Resources
Zeman, Mark - COO
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