OHIOCHAMBER.COM JANUARY / FEBRUARY 2019

GET INFORMED. 1 Economic outlook 2019 Ohio’s prosperity plan Legislature welcomes 30 new faces Ohio Excels to increase voice of business in education SHARE SUCCESS. 4 Workers’ compensation lump sum settlements Legal Aid: Good for business Employee record retention Anticipating and accommodating religious observances Third quarter Prosperity Pulse survey results STAY CONNECTED. 7 An Official Publication of The Ohio Chamber of Commerce Ohio Chamber contacts New members Member news New year, new faces, new goals By James Investment Research ECONOMIC OUTLOOK 2019 For more than 10 years, Ohio Chamber member James Investment Research has presented its economic outlook to the Ohio Chamber’s Board of Directors. This is their forecast for 2019.

ECONOMY Last year, our forecast for the economy in 2018 was “[W]e have excellent momentum in the economy, our research points to few red flags and we have tax cuts and regulatory reform giving businesses more confidence in the future.” While we are not as optimistic for the economy in 2019, we hope our forecast is as accurate as it was for 2018. We think the economy will slow in 2019. We are starting to see some key industries like the automotive and housing sectors decelerate, and we expect more sectors to follow. Automobile sales and new home sales peaked in 2017 and have been heading lower. New home sales are down over 20 percent from the high. {See New Home Sales Declining chart} As interest rates have risen, these two sectors have felt the impact. This is troubling because these two industries have a multiplier effect on the economy. Buying a new car or a Politics has played a role in the stocks with positive earnings were up We expect S&P 500 earnings growth new home is a signal that consumers economy over the past year, and we 2 percent through the end of October. to decline in 2019. Earnings growth are confident about their future. expect it to continue to be a source of This is not sustainable. Buying stocks of over 20 percent in the first three The National Association for Home volatility. We went back to 1930 and with earnings has always been a pillar quarters of 2018 was fueled by tax Builders estimates three jobs are looked at GDP growth when Congress of our selection approach, and we cuts and strong economic growth. created for every new home built. is united or divided. When Congress believe stocks with earnings should Even so, the stock market had two We do not see a recession on the was united — the House and Senate do well again in 2019. {See A Strange 10 percent declines during 2018 and horizon, as two key economic controlled by the same party — Market chart} has barely achieved a positive return tripwires have not signaled yet. One GDP growth was around 3.7 percent. through mid-December. If the stock However, when Congress was divided, Last year we said, “Heading into 2018, market cannot rally when stocks have of those is the yield curve, and while we find stocks expensively priced by it is close to inverting (short-term GDP growth was less than half, only had that kind of tailwind at their back, 1.4 percent. {See Split Congress many measures. For example, Shiller’s why should we expect great returns interest rates higher than long-term CAPE, Tobin’s Q and Buffet’s Market interest rates), it has not inverted yet. Sluggish for Economy chart} in 2019? {Earnings Likely Starting To Value-to-GDP ratios are quite frothy by Fade chart} The other indicator is jobless claims. STOCKS historical standards.” Unfortunately, While jobless claims have been rising, 2018 was truly a strange year in the this is still the case. We find valuations Our recommendations for stock we have not seen a pronounced new stock market. Stocks with negative are still high, as evidenced by elevated investors are to hold below-average trend toward more joblessness. earnings were up 31 percent, while price-to-earnings ratios and low equity levels. Further, investors are dividend yields. {See Valuations Have advised to concentrate on bargain Not Hit Bottom chart} securities in the noncyclical and utilities sectors. Bargain securities Another area we warned about last year typically are characterized by better was e-commerce stocks. Their price relative value, profitability and runup had exhibited similar patterns price appreciation. We anticipate with other modern asset bubbles. value-oriented stocks will regain Additionally, their price-to-sales ratios the leadership role from speculative were approximately 25 percent higher securities. In the past, we have seen than the typical stock. The FAANGs such leadership changes last for years. (Facebook, Amazon, Apple, Netflix and Google) had a good start to the year, but James Investment Research Inc. they all have fallen by over 20 percent, is a member of the Ohio Chamber entering their own bear market in the of Commerce. Reach it at (937) fourth quarter of 2018. 426-7640.

WWW.OHIOCHAMBER.COM 1 You voiced your concerns. We listened. The employer opioid toolkit was developed to help you. We’re All for Ohio.

Ohio’s employers are asking what they should do about the opioid crisis in their own workplaces. The Ohio Chamber of Commerce convened a task force to explore the options. One task force recommendation was to arm employers with a toolkit of resources to help them be better prepared to prevent and respond to the problem. With the help and expertise of member company Working Partners®, and financial support from member company Anthem, we have developed A Dose of Reality for Employers, an employer opioid toolkit containing several resources available free to any company doing business in Ohio.

To access the toolkit, go to www.ohiochamber.com/opioid-toolkit. GET INFORMED.

By Gov. Mike DeWine OHIO’S PROSPERITY PLAN Growing up in brought back hundreds of thousands of regulations. The next step is to expand with the business community to create a family that private-sector jobs and put the state on the program by gaining input and stronger regional partnerships among owned a small solid financial footing. gathering recommendations from all education providers, local businesses business, I Ohioans about barriers to job growth. and community leaders, we can ensure know about But it’s our mission to bring the state’s that prospective employees receive the hard work successes up to the next level. We want IGNITE INVESTMENT, training for skills they actually need. it takes to be all Ohioans to have the opportunity to INNOVATION AND RESEARCH In addition, creating new affiliations Next, Ohio’s Prosperity Plan calls successful and share in the state’s prosperity and live among companies, tech centers and for the creation of opportunity zones the artificial up to their God-given potential. community colleges can help connect barriers that in economically distressed areas in Ohio’s Prosperity Plan will help us employers, training and workers in a can stifle growth. My grandmother ran order to attract investment. Targeted get there. By eliminating burdensome more streamlined process to fill job the office at our family business, and to capital will help generate innovative regulations, igniting innovation, openings in in-demand fields. this day, I remember her frustrations opportunities for thousands of research and private investment, and with lawmakers at the Statehouse or workers who may have limited career FIRST STEPS training more Ohioans to fill needed in Washington, D.C. options or who have left the job market These bold initiatives are just the first jobs, we can drive Ohio forward to entirely. steps as we begin Ohio’s next chapter. Those experiences helped shape be the destination for workers and We can’t do this alone; we need the my view that sometimes it’s most employers to thrive. Besides creating new opportunities for Ohioans, our plan aims to attract help and input from members of the helpful for government to stay out of Ohio Chamber of Commerce to make the way. However, I also believe that ELIMINATING BURDENSOME even more innovators to Ohio. REGULATIONS TO ALLOW We already have world-renowned these ideas a reality. As Jon Husted government and private industry can and I take office, we pledge to be an partner to directly impact business BUSINESSES TO THRIVE research institutions in the state, Ohio has made great strides toward and the Ohio Prosperity Plan looks to open administration. We want to hear outcomes and solve pressing public from you about what works and what policy issues. streamlining regulations, but we incentivize commercial application need to go a step further to make sure of that research by giving researchers doesn’t. Making Ohio the best place to Those principles are the foundation Ohio is the top destination for new ownership rights to the intellectual start, expand, or maintain a business for the Ohio’s Prosperity Plan I opportunities. The Ohio Prosperity property. By retaining and recruiting will happen if we partner together to introduced while running for Plan encourages job creation by top talent, we will generate new move Ohio forward. governor last year. suspending the implementation of any prospects for industry leaders of today Just like my family saw opportunity regulation that impedes job creation and tomorrow. when it began in the seed business As we take office, Jon Husted and except those necessary for health and all of those years ago, I want the I look forward to building on the safety. TRAIN AND ATTRACT MORE progress Ohio has made over the WORKERS TO STAY IN OHIO nation to look to Ohio as the place past eight years. In 2010, Ohio was To build on the momentum created by Ohioans are diligent, resourceful for opportunity. I’m an optimist. coming out of a recession after which this effort, we can expand the Common and dependable, making them the When I look at the seal of our great unemployment spiked and the state’s Sense Initiative. This initiative best workers in the nation. The Ohio state, I see a sun rising. That sun finances were in bad shape, with less was intended to review the state’s Prosperity Plan will secure that represents hope, hope for a future of than a dollar in the Rainy Day Fund. regulatory environment and eliminate reputation by preparing more Ohioans unlimited possibilities and unlimited Under Republican leadership, we excessive or duplicative rules and to fill in-demand jobs. By partnering opportunities for all Ohioans. LEGISLATURE TO WELCOME 30 NEW FACES FOR 133RD GENERAL ASSEMBLY Earlier this month, 132 legislators were sworn in to the Ohio General Assembly. NEW ADDITIONS TO THE OHIO GENERAL ASSEMBLY Of those 132, 30 (23 percent) did not serve in the 132nd General Assembly. This number does not include current elected officials who won election to a new District Name Party Hometown chamber or those who were previously appointed. The Ohio House welcomed HD 6 Phil Robinson Democrat Solon 28 new faces to its ranks with the partisan makeup of 13 Republicans and 15 HD 10 Democrat Cleveland Democrats. The Senate, on the other hand, is welcoming one new Republican and one new Democrat. HD 12 Democrat Cleveland The backgrounds of these 30 new members of the General Assembly are HD 15 Jeff Crossman Democrat Parma diverse. Their collective experiences will provide value to the legislative body HD 19 Democrat Westerville as they deliberate legislation impacting all Ohioans. HD 21 Democrat Dublin Here are a few profiles of new members. HD 24 Democrat Upper Arlington • Rep. Beth Liston (D-Dublin) joins the Ohio General Assembly as one of two doctors (Sen. Stephen Huffman being the other). Liston is a pediatric HD 26 Erica Crawley Democrat Columbus internist at The Ohio State University Wexner Medical Center. Her campaign HD 28 Democrat Cincinnati website states that, as a doctor and medical professor, she works tirelessly to HD 33 Sedrick Denson Democrat Cincinnati teach students, community members, physicians and legislators about the health impacts of policy. She knows we need experts working together at the HD 37 Democrat Hudson statehouse to keep Ohio’s families healthy. HD 38 Republican Richfield • Rep. (R-Kenton) served as a chamber of commerce executive in HD 40 Republican Dayton Hardin County before his election to the Ohio House. He is no stranger to the mission of business community advocacy and the Ohio Chamber of Commerce HD 44 Paula Hicks-Hudson Democrat Toledo from his time in that role. HD 45 Democrat Toledo • Rep. (R-Marysville) is a graduate of West Point HD 50 Reggie Stolzfus Republican Minerva Academy and deployed in Operation Desert Shield/Desert Storm, earning HD 51 Republican Hamilton a Bronze Star. She previously served for nine years on the Marysville City Council. Richardson’s additional experience includes years as a corporate HD 56 Joe Miller Democrat Amherst human resources professional for a Fortune 500 company and as a Leadership HD 59 Don Manning Republican New Middletown Professor for ROTC at both Capital University and Ohio Wesleyan University. HD 61 Jamie Callendar Republican Concord She is presently assigned in the U.S. Army Reserves as a Military Academy Liaison Officer for the U.S. Military Academy Admissions Department. HD 75 Randi Clites Democrat Ravenna • Sen. Tina Maharath (D-Whitehall) sent shockwaves through Ohio HD 80 Republican Arcanum political circles when she defeated Rep. Anne Gonzales (R-Westerville) in the HD 83 Jon Cross Republican Kenton open seat contest for the Third Senate District. She defeated Anne Gonzales by 706 votes while having upward of $1 million spent against her. Maharath HD 84 Republican Lakeview becomes the first Laotian-American state senator elected in Ohio. She was HD 86 Tracy Richardson Republican Marysville most recently a financial analyst for JP Morgan and previously held various HD 90 Republican Winchester positions as a political activist in Central Ohio. HD 95 Don Jones Republican Freeport • Sen. Michael Rulli (R-Salem) may have equally shocked a lot of folks when he picked up former Sen. Joe Schiavoni’s seat in the Mahoning Valley. HD 98 Republican Uhrichsville He was formerly Leetonia School Board president and serves as director of SD 3 Tina Maharath Democrat Westerville operations for the 100-year-old Rulli Bros. Markets, a popular chain of grocery stores in the Mahoning Valley. SD 33 Michael Rulli Republican Salem

WWW.OHIOCHAMBER.COM 3 JANUARY / FEBRUARY 2019

By Lisa Gray, President, Ohio Excels NEW NONPROFIT ‘OHIO EXCELS’ TO INCREASE THE VOICE OF BUSINESS IN EDUCATION

As Ohio’s economy continues to grow and higher education. For preschool Ohio Excels will also work to increase and change, businesses are looking students, we support increasing student access and support to post- for more skilled workers. Employers access to high-quality programs for secondary education, including are increasingly concerned about the disadvantaged students. Furthermore, additional need-based aid and lack of academic preparedness and the state should continue to hold early programs to support students’ non- job readiness they are seeing in Ohio’s academic needs. The organization succeed and help Ohio businesses childhood programs to a high standard workforce. will also promote closer relationships grow and innovate, fueling a robust of quality. among high schools, higher education Research shows that by 2025, 65 state economy. “A strong start to schooling will help and businesses, which could result in percent of Ohioans will need some students succeed later in life, help more internships and apprenticeships type of high-quality credential or The organization views education close achievement gaps and ultimately for students and a stronger recruiting degree beyond high school; today, only issues through a set of principles. First, save the state money in the long run,” pipeline for employers. The business 44 percent meet this benchmark. students must be at the center of all says Kevin Duff, director of Policy and voice is critical for state policymakers To close this gap and reach the state’s policies, and there must always be an Research for Ohio Excels. to hear on education issues, and only goal of 65 percent by 2025, state expectation of academic excellence, as by working together can we reach the policymakers and business leaders all students deserve the opportunity to For elementary and secondary schools, state’s attainment goal by 2025. must increase their focus on how the develop the skills and knowledge they Ohio Excels wants families and need to succeed. Often forgotten after education system prepares students communities to have the information Ohio Excels is planning a series a law passes, it is critical that Ohio for life after school. they need to evaluate and support of engagement opportunities for strengthen implementation. The state student and school performance. businesses and policymakers in That’s exactly what Ohio Excels should support the implementation This means pushing for honest 2019. The Ohio Chamber will notify intends to do. efforts of educators and the and clear reporting from the state members when plans are finalized. comprehensive needs of students by through Ohio’s school report cards. Ohio Excels is a new nonpartisan better coordinating and maximizing Students must also graduate high We want Ohio Excels to be a resource coalition of business leaders state investments. Finally, Ohio Excels school ready to succeed in college for education policy issues and any committed to improving education believes that the state has to honestly or the workforce. We have been questions business leaders may have. for every Ohio student. We seek to report student performance, build on leading the fight to ensure that the bring the unique voice of the business successes and ensure that all students For more information about Ohio community to state education policy have access to a quality public school state has meaningful and appropriate Excels, visit www.OhioExcels.org or discussions in order to improve of their choice. graduation requirements, as it’s not email [email protected]. student performance. We believe that doing students, colleges or employers improving the quality of education Ohio Excels’ work focuses on students any favors by letting them graduate will give students a better chance to of all ages, in early childhood, K-12 unprepared.

WHAT IS A WORKERS’ COMPENSATION LUMP SUM SETTLEMENT? Provided by CareWorksComp A lump sum settlement (LSS) is an costs? Is there a claim reserve still reduce reserves and other associated agreement among the employer, active in the employer’s experience? administrative costs and is a very injured worker and Ohio Bureau of Will the settlement create a positive effective claim management strategy Workers’ Compensation (BWC) for financial outcome for the employer? used to help employers lower their a lump sum payment to settle one or premiums and qualify for group rating Any party involved can submit more workers’ compensation claims. programs. While an LSS does not a settlement application called remove a claim from an employer’s a “Settlement Agreement and The negotiated settlement amount experience, it does preclude additional Application for Approval of Settlement is paid by BWC to the injured worker claim costs and removes the claim’s Agreement” (C-240). Managed Care in exchange for closure of the claim, reserve costs. It is also important to Organizations are not permitted to or a portion of the claim, as defined note that, even though the settlement be a party to the settlement, nor can by the agreement. The written LSS is paid by BWC, the fixed settlement they initiate the settlement or advise agreement specifies the terms of the amount is added to the employer’s the injured worker or employer on settlement and is the final resolution amount, BWC will send an approval claim experience and will be used in settlement issues. The injured worker of all medical, compensation and letter to all parties. The approval letter determining an employer’s rates. liability claims, whether known or may or may not use legal counsel begins a 30-day waiting period, during unknown. BWC will consider if the to represent him or her with the which time any party can reject the Employers can face many issues settlement is fair to all parties and settlement process and negotiations, agreement. Once the 30-day period when considering an LSS, and must approve all settlements. and the employer can choose to use expires, BWC will pay the settlement CareWorksComp recommends that legal counsel or, as in most cases, have to the injured worker. they consult with their TPA on all Numerous issues should be its Third-Party Administrator (TPA) settlement issues. considered before settling a claim. help with settlement negotiations. Settlements can financially benefit Is the injured worker still employed, the injured worker, BWC and the CareWorksComp can be reached at working, able to work or disabled? Once BWC evaluates the C-240 and employer. An LSS pays a benefit to (800) 837-3200. Will there be a need for future medical all parties agree to the settlement the injured worker and helps BWC

Presented by the Manufacturers’ Education Council 2019 Seminars and the Ohio Chamber of Commerce

28TH ANNUAL 23RD ANNUAL 28TH ANNUAL OHIO TAX CONFERENCE OHIO ENERGY MANAGEMENT SUSTAINABILITY & EHS Tuesday, Jan. 29 CONFERENCE SYMPOSIUM Wednesday, Jan. 30 Tuesday, Feb. 19 Tuesday, March 26 Hyatt Regency, Wednesday, Feb. 20 Wednesday, March 27 downtown Columbus Columbus Renaissance Hotel, Sharonville Convention Center, Downtown Columbus Cincinnati

For more information on these highly regarded seminars, including agendas and registration information, visit www.mecseminars.com.2019 Seminars

4 SHARE SUCCESS.

By Angie Lloyd, Executive Director, Ohio Legal Assistance Foundation By Robert S. Gilmore and Kirsten B. Mooney, attorneys, Kohrman Jackson & Krantz LLP LEGAL AID: GOOD EMPLOYEE RECORD RETENTION FOR BUSINESS IN THE YEAR OF TECHNOLOGY Just before the 2018 holiday season, Columbus-based Just Pies Record retention is an essential function as well as any information related to an announced the closing of two of its three locations. The problem wasn’t of an effective human resources program. employee’s leave of absence, for three a lack of business — business was booming — but a lack of reliable help. Before setting up shop, employers must years. This applies even if you deny the understand what records they should keep, employee leave. Specifically, an employer As unemployment reaches record lows, Ohio businesses are battling how long they should keep them and in what should make sure that it keeps track of to attract and retain talent. Although employees may have the best format the records should be kept. Adequate when the employee’s leave began and how of intentions, Ohioans struggling with housing issues, dependable retention will help safeguard the employer much time was used during the leave. If transportation, family matters, or addiction may be unable to perform from future legal action and/or costly the employee has intermittent FMLA, reliably on the job. sanctions. Modern, up-to-date technology careful tracking of number of hours used Ohio’s legal aids are helping Ohioans could help employers protect employee data should be completed. Ohio businesses more efficiently. address the civil legal issues • Occupational Safety and Health surrounding these challenges, to depend on a well- WHAT RECORDS SHOULD AN Act: OSHA requires that records of job- improve stability for thousands of functioning justice EMPLOYER RETAIN? related injuries be kept for five years, and Ohio employees. As a partner to the Generally, there are four groups of employee records related to medical exams and business community, Legal Aid plays system that is records: personnel files, payroll files, med- toxic substance and blood-borne pathogen an important role in helping people get accessible to all. ical files and I-9 files. An employer should exposure to be kept for 30 years. the legal help they need, so that they keep all four of these for each employee. • Immigration Reform and Control can remain successfully employed. Act: The Immigration Reform and Personnel files may include applications “Ohio businesses depend on a well-functioning justice system that is Control Act requires that employers keep and resumes, performance evaluations, employees’ Form 1-9 documents for three accessible to all,” says Deborah Majoras, chief legal officer and secretary attendance records, disciplinary records, years after the date of hire or one year after at Procter & Gamble. “Access to justice for all Ohioans, regardless of handbook receipts, training certificates date of termination, whichever is later. the ability to pay for a lawyer, is crucial in supporting a healthy and and contact information. An employee’s functioning workforce. It’s why we support Legal Aid.” payroll files may contain a history of the In addition, the statute of limitations employee’s compensation changes, relevant for filing an unlawful discrimination claim Here are five ways that Legal Aid helps Ohio’s businesses, by serving government forms such as W-2s and W-4s in Ohio under R.C. 4112 is generally six your employees. and any other information essential to years. Accordingly, it is a best practice payment. for Ohio employers to retain all records GETTING EMPLOYEES TO WORK related to an employee’s termination for Without a driver’s license, Columbus-area resident Sarona Williams An employee’s medical file should be kept at least six years. had a tough time getting to her job. She relied on friends and family for in a separate safe location. It may include rides, or had to pay for an Uber. A dedicated employee, she needed help doctors’ notes, drug test information CAN TECHNOLOGY HELP? navigating the complicated driver’s license reinstatement process. and other documentation related to an It is becoming more and more commonplace for employers to digitize At a recent clinic sponsored by Legal Aid and staffed with pro bono employee’s health. The medical file receives employee records. While maintaining attorneys from firms and local businesses, Williams received help at the highest degree of confidentiality and these records in electronic format no cost to her. Attorneys walked her through the steps to get her license may only be available to the employer’s has obvious benefits, including better back, a relief for Williams, and for her employer. human resources department, designated staff and the employee. It is usually accessibility and storage efficiency, KEEPING EMPLOYEES HOUSED recommended that medical files be kept in employers must be mindful of avoiding As housing costs rise, many Ohioans are spending more of their secure locations (e.g. locked file cabinets or legal pitfalls under federal and state law. rooms, password-protected storage, etc.). paycheck on rent. If a family falls behind on rent and gets evicted, the Retention requirements are generally stress — coupled with the lack of a stable place to live — makes it difficult Finally, I-9 Forms should be kept separately satisfied if the electronic media has for employees to focus at work. for easy access. I-9 Forms are used to reasonable controls, can maintain the Legal Aid helps level the playing field for tenants facing eviction. While verify the employee’s identity and legal records in a well-organized manner, can the majority of landlords have legal representation during eviction authorization to work in the United States. convert into paper copies and can allow hearings, tenants are far less likely to have an attorney. Legal Aid Keeping the I-9 Form separate ensures employers to effectively comply with provides direct representation and advice so that tenants have better that the employer will be able to comply reporting requirements. outcomes in housing court and are less likely to lose their home. with any federally mandated I-9 review. In addition, Blockchain is now set to Please note that if subject to a review by become the next trend for employee record REMOVING BARRIERS TO EMPLOYMENT the Department of Homeland Security, the retention. Blockchain is an encrypted Patricia Goodman* is a proud veteran who served in the Army’s Medical Immigrant and Employee Rights Section digital ledger of public records organized Corps during the Vietnam War. During a difficult period in her life, she (IER), Department of Justice (DOJ), or the into groups of data called “blocks” and made a mistake that resulted in a criminal record. Goodman turned her Department of Labor (DOL), the employer distributed over networks. Only those life around and wanted to work, but she knew that her record could hold must make copies of the forms available on connected to a block may add information, her back. three business days’ notice. and the information may not be deleted Legal Aid helped Goodman prepare her application to seal her record HOW LONG SHOULD EMPLOYERS or changed. These types of systems could and advised her on what to say and do at her hearing. Because of Legal RETAIN THESE RECORDS? make the concept of “self-sovereign Aid, Goodman’s record was sealed, offering her a fresh start as a willing Both federal and state law mandate that identity” — the idea that employees and capable employee. employers keep certain records for a may control data about themselves — specific amount of time. Although it may a possible reality. FIGHTING THE OPIOID CRISIS be challenging, because each law has a The Ohio Chamber’s opioid toolkit for employers and employees is a For example, the network could allow different set of requirements, often for the great resource in the fight against the opioid epidemic. So, too, are Ohio’s potential employees to share verified same records, an employer may be subject legal aids, who are working behind the scenes to sort out complicated data with employers, and at the same to very expensive fines and legal fees if it legal issues related to addiction. time, reduce the likelihood of third- does not comply. When extended family members are called upon to take in the children party companies providing inaccurate of addicted parents, Legal Aid is there to help secure financial support, • Fair Labor Standards Act (FLSA): data. Another emerging application Under the FLSA, personnel records, billing of Blockchain is the ability to better custody, adoption, or guardianship. Legal Aid also helps Ohioans with records and records for deductions from safeguard medical records. Employee substance use disorders secure health care services through Medicaid or wages paid must be kept for two years. medical information may be added to a Medicaid expansion, to gain access to inpatient or outpatient treatment. Payroll records, certificates, agreements, “block,” making it available to only those plans, and sale and purchase records must HELPING DOMESTIC VIOLENCE SURVIVORS with permission to access the network. Marwa Othman,* the mother of two children, moved to Ohio from the be kept for three years. While there are current challenges to Middle East several years ago. Shortly after arriving, her husband began • Civil Rights Act of 1964 (Title VII)/ Blockchain in the employment context, to abuse her. Although she was a medical professional back home, in ADEA/ADA: Under Title VII of the Ohio many scholars believe it will make Ohio she didn’t work and was isolated from friends and family. Civil Rights Act of 1964 and the ADA, employer record retention much less complex and inexpensive. When Othman decided to leave her abusive husband, Legal Aid helped employers with at least 15 employees must retain personnel records related to hire, her obtain a divorce and get custody of her kids. Thanks to Legal Aid, Robert Gilmore is chair of the Kohrman promotions, transfers, demotions, training Othman regained her confidence and is now employed and taking Jackson Krantz Litigation Practice and terminations for one year. The ADEA college classes. Group and Labor & Employment requires the retention of the same records Law Practice Group. Reach him at “Because of Legal Aid, I can provide for my family,” Othman says. for one year for employers with 20 or more [email protected] or (216) 736-7240. “I am very thankful for the help.” employees. *Name has been changed to protect client privacy. • Family Medical Leave Act (FMLA): Kirsten Mooney is a research and The FMLA, which covers employers writing associate whose work focuses on Angie Lloyd is executive director at the Ohio Legal Assistance with 50 or more employees, requires the labor and employment law and domestic Foundation, a funding organization for Ohio’s Legal Aids. retention of certain records related to relations. Reach her at [email protected] or Reach her at [email protected] or (614) 715-8565. payroll and demographic information, ( 216) 736-7239.

WWW.OHIOCHAMBER.COM 5 JANUARY / FEBRUARY 2019

By Chad Willits and Thomas Spyker, attorneys at Reminger Co., LPA BEST PRACTICES FOR ANTICIPATING AND ACCOMMODATING RELIGIOUS OBSERVANCES

Christmas became a federally Act, which defines an undue hardship Best practice: Have all employees fill have any remaining paid leave but observed holiday in 1870. Since as a significant burden or expense. out a “Projected Vacation Calendar” nevertheless requests a religious then, the U.S. Supreme Court has Importantly, the standard is not the at the beginning of the calendar year accommodation for time off. While recognized not only the religious but same under Title VII of the Civil showing the dates each employee employers are not required to pay also the growing secular significance Rights Act of 1964, which defines an prefers to take off throughout the the employee for this time, the U.S. of the holiday in American culture. As undue hardship as a cost or burden year. Broadly solicit all anticipated Supreme Court has indicated a strong a result, employers can easily expect that is more than minimal or normal. time off, regardless of the reason, and preference for allowing an employee multiple vacation requests for Dec. 25 avoid inquiries about specific holidays to take unpaid time off as a reasonable and plan accordingly. Many employers In the context of accommodating that might unnecessarily identify an accommodation for religious simply close for the day, eliminating religious holidays, administrative employee’s religious affiliation. This observances. controversy and accommodating costs associated with switching an simple practice allows the employer Best practices: If the only barrier to employees’ need for time off for employee’s schedule and infrequent to not only anticipate religious granting a requested accommodation religious observance. overtime to cover days off are not seen observances they may not have been is the employee’s lack of vacation time, as an undue burden. However, hiring aware of, but also project any conflicts But how can employers plan for and grant the request to take unpaid time additional employees or using frequent well in advance. accommodate religious observances overtime to cover extended time off off for the observance. Additionally, they may be less familiar with? For likely constitute an undue hardship. Even when using this system, explore alternative accommodations example, Vaisakhi is the day Sikhs employees will inevitably request such as voluntary shift trading among mark the founding of Khalsa in 1699 Best practice: Employers should unanticipated off days and employees and flexible work schedules (April 14), while Diwali is the Hindu liberally grant accommodations that unavoidable conflicts will arise with that allow an employee to make up any festival of lights (celebrated during only require staffing or scheduling multiple employees requesting the time missed. autumn in the northern hemisphere). adjustments or the infrequent use same days off. Well-developed policies These and other days throughout of overtime. If a situation arises While the practices outlined in this and procedures will help employers article will go a long way toward the year hold significance for non- that exceeds the normal cost of navigate these issues. avoiding conflict, this complicated area Christian employees. As workplaces business, consult with an employment of employment law frequently involves continue to become more diverse, attorney if possible before denying Best practices: unique situations requiring expert employers must anticipate and the request. These situations are • Develop a policy for granting time off analysis. In addition to scheduling accommodate religious observances highly fact-dependent, and refusing that clearly states its commitment to headaches, holiday vacation requests that do not conform to the recognized an accommodation could expose the making accommodations for religious can have wage and hour and FMLA year-end “holiday season.” employer to litigation. observances whenever possible. implications, as well. It is not only a good business • Require employees to request time ANTICIPATING REQUESTS Best practice: Consult with a practice to know your workforce AND HANDLING CONFLICTING off a set period in advance to avoid last- and accommodate their religious minute issues. qualified employment attorney before REQUESTS making a decision that could expose observances, it can often be a legal Problems arise when requests for time requirement, as well. Specifically, • Develop a seniority-based or other your organization to liability. off are made with short notice, or when neutral system to resolve conflicting Ohio employers that employ four or multiple employees request the same Chad Willits and Thomas Spyker more people are required to make requests in an objective and day off. These conflicts can sometimes nondiscriminatory manner. practice at Reminger Co., LPA in the reasonable religious accommodations, be avoided by preparing ahead of time. firm’s Employment Practices Defense unless it would create an undue It is important to project the days off IS AN EMPLOYER REQUIRED group and offer consultation and hardship on the business. These all your employees will want to take TO GIVE PAID TIME litigation services to business clients. requests for accommodation often throughout the year, regardless of OFF FOR A RELIGIOUS Willits practices in the Cincinnati come in the form of time off. whether they are religious in nature. ACCOMMODATION? office and can be reached at cwillits@ WHAT IS AN UNDUE One employee’s religious observance If an employee has paid time off reminger.com. Spyker practices in the HARDSHIP WHEN IT COMES at the end of May could conflict with available (such as vacation, PTO, or Columbus office and can be reached at TO ACCOMMODATING A another employee’s planned vacation comp time) and wishes to use it for [email protected]. for their child’s graduation the same a religious observance, an employer RELIGIOUS HOLIDAY? © 2018 Reminger Co., LPA Some employers may be familiar with week. This is not a situation you want should allow this, so long as it does not the term undue hardship as it is used to resolve in the middle of May; it is create an undue hardship. Controversy in the Americans with Disabilities one you want to plan for in January. arises when an employee does not

OCCRF RELEASES THIRD QUARTER RESULTS OF ITS PROSPERITY PULSE SURVEY

The latest results from the The report further Prosperity Pulse Survey show a breaks down these mostly positive outlook for Ohio concerns by region. businesses. The Prosperity Pulse The survey results evaluates anticipated profits, plans reveal many more to add jobs, unfilled jobs, planned details like this, but a capital expenditures and overall few notable findings are: economic outlook. Each of these components had a positive change • Even though more from second quarter results. Ninety- than half of one percent of business leaders manufacturing are optimistic about the future businesses saw their economic health of their company. employee headcounts go up during 3Q, 67.5 percent with 54.7 percent expecting online and on the telephone with live The biggest concerns that business project an increase in 4Q as well. the economy to be even better agent interviewers between Oct. 5 and leaders have are: next quarter. Oct. 27, 2018. It carries a confidence • Among small employers (one to interval of 95 percent and a margin of Cost of health care 400 employees), 69 percent reported The Ohio Chamber of Commerce error of +/- 4.86 percentage points. increased employee head counts in 3Q. Research Foundation partnered Ohio’s political environment with Clout Research to conduct the If you would like to participate in the Cost of employee benefits • In Southeast Ohio, 52 percent of Prosperity Pulse, a quarterly survey next Prosperity Pulse, contact Keith employers have jobs they are unable of business leaders in various sectors Lake at [email protected]. Attracting/retaining qualified to fill, more than any other region of across the Ohio regarding the strength  For more detailed information, visit employees the state. of the state economy. the Ohio Chamber of Commerce Tied between state government • Businesses in Northeast Ohio The survey included 403 respondents Research Foundation website at: regulations and data security are most bullish about the future, who completed survey interviews ohiochamberfoundation.com.

6 STAY CONNECTED.

OHIO CHAMBER CONTACTS NEW With the New Year comes changes at the Ohio Chamber of Commerce. Please be sure to save this information for MEMBERS future reference, and don’t hesitate to contact us, as we are here to serve you! Please welcome the following new members that joined the Ohio Chamber of Commerce between (614) 228-4201 www.allforohio.com July 31 and Dec. 18, 2018. Welcome! Aida-America Corp., Dayton Ohio Chamber of Commerce Alpine Products Inc., Dayton Ambulatory Medical Care Inc., Milford Ohio Chamber of Commerce 34 S. Third St., Suite 100, @OhioChamber Amgen, Fishers, Indiana Columbus, OH 43215 Amy Sigg Davis Et Al, Lebanon Apec Engineering Inc., Bedford Ohio Chamber CG Construction & Utilities Inc., Miamisburg www.ohiochamber.com Ohio Chamber of Commerce CHSPSC, LLC, Franklin, Tennessee Confluence Corp., Millersburg Corbett Plumbing LLC, Canal STAFF Winchester President and CEO Andy Doehrel, Director, Small Business & Workforce Policy, Donatos Pizza 0402, Buckeye Lake [email protected] Kevin Boehner, [email protected] Emergent Enterprises, Springfield Executive Assistant Ashley Brown, Director, Labor & Legal Affairs, Kevin Shimp, Encore Industries Inc., Cambridge [email protected] [email protected] Englewood Florist & Gift Shoppe LLC, Vice President, Administration Jennifer Osburn Government Affairs Assistant Sherry Heffner, Englewood [email protected] [email protected] FA Requarth Co., Dayton Receptionist Michelle Anderson, Vice President, Membership, Andy Piccolantonio, Fallen Timbers Fairways, Waterville [email protected] [email protected] Frame’s Pest Control Inc., Sylvania Vice President, Communications, Julie Wagner Feasel, Director, External Relations, Stephanie Kromer, Grieser Interiors Inc., Wauseon [email protected] [email protected] Griffin Pavement Striping Inc., Director, Communications, Micaela Wright, Director, External Relations, Justin Giaimo, Columbus [email protected] [email protected] Helping Hands Contracting Inc., Mount Pleasant Vice President, Government Affairs, Keith Lake, Director, External Relations, Justin Zink, [email protected] [email protected] Hood Packaging Corp., Wilmington Director, Energy & Environmental Policy, Zack Frymier, Director, Business Development, Scott Colby, IWATA Bolt USA Inc., Fairfield [email protected] [email protected] JB Kain Inc., Dayton Ka Sims Enterprises, London Kerr Connect LLC, Wilmington Kroger, Westerville MEMBER NEWS Kurt D Harrison DO PC, Fremont Manning & Associates CPAs LLC, SAVE THE DATE both iOS and Android devices through 750 BUSINESSES/ Dayton In 2019, the Ohio Chamber of the App Store and Google Play. ORGANIZATIONS USING Meier Dirksen Inc., Versailles Commerce will be hosting two OHIO EPA MATERIALS Ohio’s Bureau of Labor Market large member events. The first is MARKETPLACE MJ Companies LLC, Grove City Information works in partnership with our Annual Meeting & Legislative According to Ohio EPA Director Mound Laser & Photonics Center Inc., Reception on Wednesday, May 8. the U.S. Department of Labor to collect Craig W. Butler, the Ohio Materials Kettering and analyze industry, occupational The Annual Meeting will be at the Jo Marketplace (OMM) has had a very National Door & Trim Inc., Van Wert Ann Davidson Theatre in the Riffe and employment information. These successful year and invited businesses Building. The Legislative Reception is data are used extensively by local and organizations from across the Oak Harbor Area Chamber of at the Sheraton on Capitol Square. The employment professionals, other state to join the free online service for Commerce, Oak Harbor second event is the Policy Conference state agencies, industry and media advertising and acquiring potentially Ohio Bankers League, Columbus organizations, and private citizens at Salt Fork, better known as Salt Fork. useful products and materials that Ohio Timberland Trucking Inc., Stryker This event is Wednesday, Sept. 4 to who rely on the bureau’s reporting, might otherwise be destined for Friday, Sept. 6 at Salt Fork State Park analysis and expertise. disposal in landfills. Optika, Dayton near Cambridge, Ohio. Watch your “Ohio businesses diverted 3.5 Palisades Arcadia Baseball LLC, Dayton mail, email and this publication for million pounds of ‘waste material’ Plating Technology Inc., Dayton more information on these events. from landfills last year as a result of Precise Sales LLC, Chardon exchanges on our marketplace, saving EMPLOYMENT DATA Preston Auto Mall Inc., Boardman AVAILABLE ON NEW businesses an estimated $200,000 OHIOLMI APP 79TH MIDWEST FISH AND in disposal costs,” Butler says. “I Reset Business Consulting, Winchester WILDLIFE CONFERENCE The Ohio Department of Job and encourage large and small businesses RLFSHOP LLC, Dayton Family Services’ Bureau of Labor JAN. 27-30, 2019 and organizations throughout Ohio Smart Landscaping Inc., New Carlisle Market Information (LMI) has The 79th Midwest Fish and Wildlife to join this free service. It makes good launched a mobile app that allows Conference is Jan. 27-30, 2019, at the business sense and represents a new Southpaw Enterprises Inc., Moraine Hilton Cleveland Downtown Hotel in employment data to be accessed way of thinking about how we can Standard Wellness, Hudson anywhere, any time. Cleveland, Ohio. This annual event reuse materials that might otherwise will attract over 800 biologists and be thrown away in landfills.” The Cottages of Clayton Inc., Huron “This is just another way we’re students from state, federal and tribal Three Dog Bakery, Mayfield Heights using technology to make our data national resources agencies from Launched by Ohio EPA in 2017, more accessible,” says ODJFS the Midwest, Great Plains, Rocky more than 750 Ohio businesses and Toledo Society for the Blind Inc., Toledo Director Cynthia Dungey, whose Mountains and Canadian provinces. organizations have signed up for Trilliums Transportation Fuels LLC, agency oversees both the bureau and Highlights include over 400 technical OMM, which features 155 items listed Oklahoma City, Oklahoma as available and several hundred OhioMeansJobs.com. “The OhioLMI talks, networking opportunities and Twin Rivers Construction Co., Marietta app has key metrics that make it social events. materials listed as wanted. The Van Martin Windows and Roofing LLC, easy to stay informed about the labor program was launched with support Dayton market in Ohio.” Sponsorship and exhibitor from the not-for-profit United States opportunities are available. For more Business Council for Sustainable Viking Group Inc., Dayton The app contains state and local information, contact Kendra Wecker Development. For more information, West Automotive Parts Co., Cleveland data regarding the labor force, at the Ohio Department of Natural or to sign up for the Ohio Materials employment in various industries and Resources at kendra.wecker@dnr. Marketplace, go to www.ohio. WGU Western Gov University, unemployment rates. It’s available for state.oh.us or (614) 265-7043. materialsmarketplace.org. Columbus

WWW.OHIOCHAMBER.COM 7 NEW YEAR, NEW FACES, NEW GOALS

Welcome to 2019 and to the DeWine has contributed an article to The Policy Conference at Salt Fork will opportunities it brings. As the state’s this publication that lays out his Ohio’s be Sept. 4-6 at Salt Fork State Park just leading business advocate, a new year Prosperity Plan. We look forward to outside of Cambridge. Information on brings new faces in the Ohio General working with him, his administration both of these events will be sent to you Assembly and to state leadership. and the other new statewide leaders to via mail and/or email. In addition, 2019 is a state budget make Ohio THE place to live and work. year, which always brings much debate Our Opioid Toolkit continues to to the Ohio Statehouse. Our new headquarters, directly across be available on our website for all from the Senate building, will be businesses to use at no cost. The five The General Assembly begins the very handy as we anticipate much online video segments also include new legislative session with 30 new activity at the Statehouse. As with past handy materials that can be printed faces and several members who legislative sessions, a flurry of bills will and used for office training and have jumped from the House to the be introduced during the first quarter education. The toolkit has drawn Senate, and vice versa. In this issue, of the year, with the budget debate national recognition and is being used we have an article highlighting some lasting through June. In order to stress by a number of other states. of those new members, along with the impact that proposed legislation a list of all of them. Our legislative will have on Ohio businesses, we will While 2018 was a whirlwind for us, team will be meeting personally with most likely call on you, our members, we are looking forward to what 2019 new legislators to make them aware to contact their elected officials or brings. As we tackle the issues at of our legislative goals. These goals even provide testimony in committee the Statehouse, know that the Ohio are published in our Public Policy hearings. It is imperative that elected Chamber of Commerce will be laser Priorities agenda, which all of our officials hear from the business focused when it comes to protecting members will receive. This publication community. Ohio’s economic climate. Every day, is developed with input from all of we will be advocating for your best our committees. The Public Policy Also on tap for 2019 is our Annual interests so you can concentrate on Priorities lays out the goals for the Meeting & Legislative Reception and your company. Here’s to a productive state legislature to meet to ensure our Policy Conference at Salt Fork. and prosperous New Year! our state remains economically The Annual Meeting & Legislative competitive. Reception is scheduled for Wednesday, May 8, with the meeting in the Jo Ann 2019 also brings new statewide Davidson Theatre inside the Riffe leadership headed up by Gov. Mike Building and the reception at the DeWine and Lt. Gov. Jon Husted. Sheraton on Capital Square.

EDITORIAL POLICY POSTMASTER OHIO CHAMBER OF COMMERCE DESIGN AND PRODUCTION Articles written by guest columnists do not necessarily reflect the Please send address changes to 34 S. Third Street, Suite 100 Ohio Matters is published by position of the Ohio Chamber of Commerce. The Chamber’s position on Ohio Matters, Columbus, OH 43215 Convero key issues will be clearly stated. The Ohio Chamber of Commerce does Attn: Database Manager, 614.228.4201 • 800.622.1893 835 Sharon Drive, Suite 200 not necessarily endorse the products and services advertised in Ohio Ohio Chamber of Commerce, Fax 614.228.6403 Cleveland, OH 44145 Matters. Articles can be reproduced, but only with permission from, and 34 S. Third St., Suite 100 [email protected] 844-428-8844 • www.converoinc.com attribution given to, the Ohio Chamber of Commerce. For authorization, Columbus, Ohio 43215 www.ohiochamber.com Sue Ostrowski, Managing Editor please contact Ohio Chamber Vice President of Communications Julie www.ohiobusinessvotes.com Wendy Armon, Senior Graphic Designer Wagner Feasel at 614.228.4201. The Chamber reserves the right to FOR MORE INFORMATION CONTACT reject advertising based on content and does not accept advertising Julie Wagner Feasel Katie Janoch, Advertising Sales that is in conflict with a position of the Chamber. Vice President of Communications 440.250.7073 • [email protected] [email protected] Ohio Matters is a bimonthly publication for members of the Ohio Chamber of Commerce. Subscription cost is included with annual dues.

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Scott Colby #ALLFOROHIO 614.629.0913 | [email protected]

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