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DOL Reissues Previously Rescinded Opinion Letters : Jan 18th - Under the Obama administration, the Department of Labor (“DOL”) announced that it would no longer issue opinion letters. It also rescinded 17 opinion letters that had been issued under the Bush administration. Opinion letters historically served as a mechanism for the DOL to respond to fact-specific employer inquiries about wage and hour issues. While the opinion letters are not binding law, they remain a helpful resource for employers attempting to navigate the more ambiguous areas of the Fair Labor Standards Act (“FLSA”). A recent development suggests that the DOL may, once again, begin issuing opinion letters. On January 5, 2018, the DOL reissued the 17 opinion letters that were rescinded under the Obama administration. These letters offer significant guidance on numerous wage and hour issues, including the exempt status of many specific positions. Of broader relevance, the reissued opinion letters include the following: > FLSA 2018-14 - Salary deductions may be made when an employee is absent from work for one or more full days for personal reasons, other than sickness or disability. Deductions may be made for absences of one or more full days for sickness or disability, if the deductions are made pursuant to “a bona fide plan, policy or practice of providing compensation for loss of salary occasioned by such sickness or disability.” Deductions from an employee’s guaranteed salary may only be taken if the employee misses one or more full days of work. The regulations do not permit salary deductions for partial day absences. > FLSA 2018-11 - In calculating the regular rate of pay for purposes of overtime, job bonuses that are conditioned only on performing the required work associated with the job must be included. > FLSA 2018-7 - Employers may calculate salary deductions for a full-day’s absence on the number of hours actually missed. Therefore, where an employee is scheduled to work nine hours during the workday, the employer may make the deduction for the full nine hours from the employee’s salary (i.e., the amount of time actually missed). The 17 reissued letters, along with older DOL opinion letters, can be found here (https://www.dol.gov/whd/opinion/flsa.htm). Although not every letter is pertinent to all employers, they remain a valuable source of information and worthy of employer review. If you have any questions on this topic, please contact a member of our Labor & Employment Practice Group. Eric Baisden | ebaisden@beneschlaw.com | 216.363.4676 Pete Kirsanow | pkirsanow@beneschlaw.com | 216.363.4481 Karly Johnson | kjohnson@beneschlaw.com | 216.363.6265
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DOL Abandons Six-Factor Intern Test : Jan 9th - On January 5, 2018, the Department of Labor (“DOL”) adopted a more lenient standard for assessing whether interns qualify as employees under the Fair Labor Standards Act (“FLSA”). Previously, in 2010, the DOL promulgated a more onerous six-factor test. Under that test, an intern was considered an employee unless each of six factors were met. Employers were forced to consider, for example, whether interns displaced any regular employees or whether they derived any “immediate advantage” from the interns’ work. Now the DOL, in reducing the burden on employers, has aligned itself with several appellate courts and implemented the “primary beneficiary” test. This seven-factor test is derived out of a 2015 ruling by the Second Circuit Court of Appeals in Glatt v. Fox Searchlight Pictures, Inc. The test comprehensively analyzes the “economic realities” of an intern’s relationship with his or her employer to determine the “primary beneficiary” of the relationship and is more in line with the current test for determining independent contractor status. The seven factors of the newly-implemented test are designed for flexibility and the DOL advises that in administering the test, the unique circumstances of each case should be considered. The factors primarily focus on the expectations of the parties, the educational benefits, and the correlations with formal courses of study. The DOL has stated that it will update its enforcement policies and provide Wage and Hour Division investigators increased flexibility to holistically analyze internships on an ad hoc basis. This development is expected to benefit employers and ease employer concerns that interns will be inadvertently misclassified as employees. If you have any questions on this topic please contact a member of our Labor & Employment Practice Group. Eric Baisden (Chair) at ebaisden@beneschlaw.com or 216.363.4676. Karly B. Johnson at kjohnson@beneschlaw.com or 216.363.6265.
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Unified Carrier Registration Fee Final Rule : Jan 8th - On January 5, 2018, the Federal Motor Carrier Safety Administration (“FMCSA”) published a Final Rule setting the fees for the Unified Carrier Registration Plan and Agreement (“UCR”). The January 5, 2018 Final Rule (the “Final Rule”) reduces annual registration fees to be collected from motor carriers (for-hire and private), brokers, freight forwarders, and leasing companies for the 2018, 2019, and subsequent years. All interstate motor carriers, brokers, freight forwarders, and leasing companies should endeavor to complete their UCR registration as soon as possible. Though states’ enforcement of the payment of UCR fees generally begins on January 1 of the registration year, the UCR’s Board of Directors (“UCR Board”) has requested that states delay enforcement for 90 days (April 5, 2018) following the publish date of the Final Rule setting fees due to the delay in setting the fee schedule. The State of Indiana’s Department of Revenue, which operates and maintains the national online UCR registration system, had announced it would begin accepting registrations on January 5, 2018. Those interstate motor carriers, brokers, freight forwarders, and leasing companies based in states that maintain their own UCR systems may require more time for the state department to be prepared to accept registrations. The fee schedule, as determined by the Final Rule is as follows: http://www.beneschlaw.com/Setting-the-Course- ... (please click on link for chart) This Final Rule was anticipated in early 2017, as federal law requires that the UCR may only collect up to a statutory maximum, and on March 14, 2017 the UCR Board voted to recommend a reduction of registration fees collected in 2018, 2019, and subsequent years. The adjustment in fees and the Final Rule were required because the fees collected for the 2016 registration year exceeded the total revenue entitlements for the first time in UCR history. Please contact Kelly Mulrane at kmulrane@beneschlaw.com or 614-223-9318 with any questions or if you need assistance with any UCR-related issues.
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SCRUM : Jan 5th - Looking for a plastic company that has initiated the SCRUM philosophy into their organization. I would like to hear how you prepared for the change, how you communicated the change, how you actually initiated it and the bumps and bruises along the way (if there were any). Brian J
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Indistry standard scrap % of sales? : Dec 29th - I am looking for a benchmark on industry standard scrap/rejects as a percent of sales. does anyone know of a report or have an idea of what the standard is? Christopher Everett
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Group List

Aleshire , Amy - Sales Administrator
Allison, Kevin - Business Dev Mgr
Andre, Rich - Director of Sales
Arduini, Alan - Vice President of Sales
Arends, Dirk - Business Development Manager
Baer, David - Director Business Development
Baker, Jeff - VP of Sales
Baker, Chris - Business Development Manager
Baker, Andy - Strategic Account Manager
Baril, Doug - VP Engineering and Services
Barr, Steve - Sales/Eng Manager
Barrera, Bryan - Vice President of Sales
Beaudette, Joel - VP Sales
Bender, Kyle - Sales Account Manager
Biehl, Nathan - Business Development Mgr
Biondo, Dave - Sales Development Manager
Bott, Jim - North American Sales and Marketing Manager
Brookes, JoAnne - Vice President of Sales
Brown, Steven - Sales Engineer
Carroll, Judy - Sales Manager
Chattaway, Jeffrey - Account Manager
Clem, Ryan - Director of Sales and Marketing
Collins, Ryan - Southest Regional Sales
Cook, Sara - Sales Manager
Craig, Jody - VP of Sales and Engineering
Currier, Christopher - Account Manager
Daniels, Connie - Customer Service
Dargan, Morgan - Sales Manager
Drummond, Doug - Director of Business Development
Durlacher, John - Sales Engineer
Eger, Ray - Account Manager
Elder, Mark - VP Sales
Elleman, Joe - Sales Manager
Erdmann, Brad - Regional Sales Manager
Fenneman, Matt - VP of Sales and Marketing
Fergen, Chad - Sales Account Manager
Fergen, Chad - Sales
Ferrell, Rhonda - Sales Manager
Filbert, Lee - Senior Sales Executive
Fisher, Tim - Account Manager
Flockerzi, Gene - Director of Sales
Fresca, Daniele - Director of Marketing
Fry, Jacob - Quotation/Program Engineer
Geyne, Gabriel - Applications Engineer
Goodpasture, Jon - Sales
Grayczyk, Brian - VP Sales & Marketing
Grom, Steve - National Sales Manger
Halbig, Mike - Sales
Harman, Dave - Director Sales & Marketing
Harringan, Steve - VP Sales
Healy, Jim - Sales Representative
Heer, Paul - VP Sales
Heineman, Lisa - Sales/Eng. Adm.
Herpin, Becky - Application Engineering Assistant
Hines, Skip - Account Manager
Holbrook, Bob - sales marketing manager
Hoskins, John - Dir. Sales and Marketing
Hulbert, Ron - Vice President Sales
Jones, Jen - Sales
Joseph, Glenn - Sales Manager
Keeler, Joe - Advanced Sales Engineer
Keeler, John - Sales
Kelly, John - Technical Sales / Business Development Specialist
Kessler, Dan - Marketing Manager
Khanna, Abby - Account Manager
Kleck, Chris - Sales
Krupa, Brad - Sales Manager
Kunkel, Jim - Sales/Engineering
Lang, Matt - Sales Manager
Larson, Tony - VP Sales and Marketing
Leffelman, Spencer - Sales & Marketing Coordinator
Lichfield, Jon - Sales Engineer
Long, Jason - Regional Manager - Robots & Automation
May, Jeremy - Account Manager
McMahon, Dan - Sales Manager
McTavish, Robert - Sr. Sales Executive
Mechery, Joseph - VP Sales
Medo, Jon - Account Executive
Menjivar, Rene - Program Manager
Mick, Ron - Assembly Supervisor
Miller, Chris - Sales & Marketing Administrator
Modrall, Steve - Senior Account Executive
Monahan, Matt - Sales & Marketing
Moyak, Tom - Sales Manager
Mulder, Jon - Business Development Leader
Mulvey, Leigh - Project Manager
Nichols, Mitch - VP of Sales and Marketing
Ochi, Terri - Sales Manager
Outman, Todd - VP Sales and Marketing
Page, John - Sales Manager
Palmisano, Robert - National Sales Manager
Papineau, John - Business Development Manager
Parker, Alan A. - Vice President - Sales
Parrillo, Christopher - National Sales Manager
Peterson, Tim - Sales
Pizur, Chad - Sales Manager
Porter, Maria - Quality Assurance Manager
Preu, Heather - Senior Sales Executive
Price, Laura - Director of Sales
Proske, Matt - Vice President
Rhoades, Bob - Director of Sales
Ricotta, Jeff - Business Development
Riesterer, Rick - Manager, Business Development
Ritthaler, Eric - Territory Sales Manager
Rodriguez, Manny - Sales
Roudebush, Dennis - Sales
Saddler, Scott - Marketing
Schneider, Jim - Sales Manager
Schroeder, Vince - Sales Engineer
Sederlund, Alan - Sales Manager
Seeley, Kent - VP of Sales and Marketing
Segrest, Robert - Business Development
Sellner, James - Business Development & Administration Manager
Shannon, Pat - Sales Manager, Composites, Rubber, Thermoplastics
Shelly , Stacy - Regional Sales Director
Sills, Bill - Director of Sales
Sloan, Jack - Vice President of Sales
Sloat, Scott - Chief Finanacial Officer
Smith, Marty - Sales
Sotos, Nick - President
Stainbrook, Barry - Sales Manager
Stiller, Chris - Sales and Marketing
Stolarski, Don - Sales / Engineering
Suchor, Denise - Inside Sales & Marketing Coordinator
Sweeney, Cary - SALES/Product Development
Torres, Brian - Director of Sales
Tredway, Tom - Director of Sales
Undem, Kevin - Sales Manager
Usuriello, Ruth - Business Development Manager
Vereecken, David - Sales Manager
Walling, Matthew - Sales
Weber, Art - Sales Manager
Williams, Kenton - Sales Associate
Winterbotham, Terry - Program Coordinator
Wood , Tom - VP Sales
Wroblewski, Andrew - Sales Representative
Wuhrman, Tim - Sales Manager
Young, Trisha - Sales Engineer
Zavala, Lou - Sales Manager
Zellers, Don - Sales Manager
Ziegenhorn, Andy - Sales & Marketing
Ziegenhorn, Anne - New Business Developmt.
Zielinski, Dave - Business Develoment Manager
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