OHIOCHAMBER.COM NOVEMBER/DECEMBER 2017

GET INFORMED. 1 All for Ohio finishes 2017 tour The revival of last-chance agreements J.D. Vance at Policy Conference at Salt Fork SHARE SUCCESS. 4 Manufacturers’ Education Council EEOC wellness program guidelines ApprenticeOhio connects businesses, workers Harassment and the workplace STAY CONNECTED. 5 Member news Meet board member Lois Rosenberry An Official Publication of The Ohio Chamber of Commerce Petland celebrates 50 years of success Meet staff member Kathy Eshelman Why Ohio energy matters Chamber ends successful year

2017 ALL FOR OHIO TOUR MAKES FINAL STOPS OF THE YEAR The 2017 All For Ohio Tour wrapped GESMV helps its participants with, workforce development is a key Ohio Chamber up with the final stops at our member staff members companies. These visits facilitated policy issue to help the success of and Rep. Steven important policy conversations the organization, as well as Ohio’s Arndt from House among our members, state business climate as a whole. Among District 89 visited policymakers and the Ohio Chamber, the successes in Ohio’s workforce Cedar Fair. while also allowing us to see firsthand development, there is still room for what our members are up to. continued growth and improvement.

THIRD STOP FOURTH STOP The tour continued Aug. 28 with a On Sept. 12, Williams Co. hosted visit to Goodwill Easter Seals Miami the next stop of our tour. A member Valley (GESMV) in Dayton. Joining since March 2016, Williams invited Ohio Chamber staff members on the us to tour its Utica East Ohio (UEO) tour were Sen. Bill Beagle (SD 5), Harrison Hub facility in Scio. Ohio Chamber staff Sen. Bob Hackett (SD 10), Rep. Niraj UEO is dedicated to developing members, along with Antani (HD 42), Rep. Jim Butler (HD infrastructure for the gathering, Rep. Niraj Antani (HD 41) and Rep. Jeff Rezabek (HD 43). processing and fractionation of 42), Sen. Bill Beagle (SD natural gas and natural gas liquids 5), Sen. Bob Hackett GESMV’s mission is to empower (NGL). Rep. Andy Thompson from (SD 10), Rep. Jim Butler people with disabilities and Ohio House District 95 participated (HD 41) and Rep. Jeff other disadvantages to achieve as well. Rezabek (HD 43) independence and improve their quality of life. Last year alone, The first part of the visit included it served 20,560 people in 23 a facility tour of the Kilgore Ohio Chamber staff counties, made possible by a team Compressor Station, located members and Rep. of 1,300 employees and nearly 1,000 in Carroll County, a site it has Andy Thompson from House District volunteers. maintained since December 2013. 95 toured Williams Following a safety check, Williams Company facilities. Goodwill Easter Seals Miami Valley staff led the group on a walking CEO and President Lance W. Detrick tour around the property to see led the facility tour to kick off the the working parts that make what visit, taking us through the spaces they do possible, including eight where they focus on specific services compressor units made by Ohio’s there is still concern about finding the signature Hotel Breakers. for participants. Visiting Ohio Ariel Corp., filters and scrubbers enough skilled workers to fill jobs and legislators then had the opportunity that remove water, hydrocarbons or pass drug tests. The tour was followed with a to talk to program participants. other impurities from the gas and presentation and roundtable cooling systems. The trip concluded with a driving discussion led by Jason McClure, A roundtable discussion among tour of the UEO Harrison Hub vice president and general manager Goodwill staff from around the A presentation and policy discussion Facility, a fractionation plant in of Cedar Point. The roundtable state, Ohio Chamber staff and Ohio followed the first leg of the visit. Harrison County where NGLs are included several points of state policy legislators followed. Emily Turner, Topics included environmental separated and shipped via trucks, rail issues that facilitated conversation executive director of the Ohio permits and requirements to and pipeline to their destinations. among Ohio Chamber staff and Association of Goodwill Industries, continue construction and Cedar Fair staff, as well as Rep. voiced a concern that there are not facilitation of the company’s sites, as FINAL STOP Steven Arndt, of House District 89. enough workers with the qualified well as the need for qualified workers. Our All For Ohio Tour continued Workforce development, a common soft skills to obtain and retain While Williams continues to work Sept. 26 with a trip up to “America’s issue among our members, was a top jobs. Because job training and with schools to help educate students Roller Coast” in Sandusky to visit concern for the company, as were placement are a crucial part of what to better prepare potential workers, member company Cedar Fair. The regulation, employment issues and tour took place at Cedar Point, one infrastructure investments. of 11 amusement parks Cedar Fair owns across North America. Overall, Cedar Point opened in 1870 and is the Cedar Fair parks entertain more second-oldest operating amusement than 25 million visitors annually and park in America. In 202, it will showcase over 120 roller coasters. celebrate its 150-year anniversary.

The visit began with a shuttle It was great to visit a few of our tour through the property with members this summer. We hope to Cedar Fair and Cedar Point continue our All for Ohio Tour next staff. Highlights included recent year. If you are interested in hosting expansion such as the new hybrid elected officials and Ohio Chamber roller coaster Steel Vengeance — staff members at your company, previously called Mean Streak — please contact Kathy Eshelman at and the continued expansion of [email protected].

WWW.OHIOCHAMBER.COM 1 You’ve got a business to run. Health care is expensive. We’ll help save you money.

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For more information on all of our insurance programs, contact Laz Picciano at [email protected], or call (614) 629-0926 or visit www.ohiochamber.com\insurance. GET INFORMED.

By Steve Loewengart, Regional Managing Partner, Fisher & Phillips LLC THE REVIVAL OF LAST-CHANCE J.D. VANCE KICKS OFF AGREEMENTS AS AN ALTERNATIVE TO TERMINATION 2017 POLICY Recruiting and hiring employees • Sign a medical release for CONFERENCE AT can cost a company as much information as $5,000 per candidate in the professional or manufacturing • Participate in a fitness-for-duty SALT FORK industries, according to the Society test to determine whether the for Human Resource Management. employee can safely perform the In addition, an employer must also job duties under his or her current Offers ideas to bring back American Dream invest a considerable amount of time treatment plan and money in on-the-job training to those who have been left out and supervision. These kinds of • Follow recommended drug abuse investments — coupled with concerns treatment if necessary THREE BIG IDEAS about finding qualified employees The first possible solution is to — are causing some employers to • Submit to random drug testing for talk about the loss of America’s look for alternatives to immediate 12 months intellectual property. Vance said termination when serious problems If the employee fails to follow that while the U.S. middle class is occur in the workplace. the agreement (e.g., is discovered shrinking and suffering, the middle One option is the last-chance working while intoxicated or class in the rest of the world has been agreement. tests positive for illegal drugs), growing. the consequences are clear — termination. Although LCAs are not “We should be proud of the fact that WHAT IS A LAST-CHANCE there are fewer people in poverty all AGREEMENT? a legal shield against future claims or lawsuits from employees, they over the world, but $600 billion in A last-chance agreement (LCA) is an intellectual property was stolen from agreement between an employer and are often well received by courts in favor of the employer when such the United States last year, with most employee that allows an individual stolen by China,” Vance said. who has committed a serious agreements are thorough, the terms violation against company policy have been violated and the employee This results when companies set to have one last chance to keep his is terminated as a result. up a business in another country or her job, instead of resorting to J.D. Vance and they are forced to transfer their immediate termination. In exchange HOW TO DRAFT AN LCA knowledge and technology not to the An LCA is a contract related to for continued employment, the The 2017 Policy Conference at Salt consumers in those countries but to employment, and as such, should employee agrees to follow a set of Fork was another great success, the government. be reviewed by legal counsel prior agreed-upon behaviors. Failure to as legislators and public policy to use. It should clearly set out “That intellectual property came make good on these promises will professionals came together to the work violation at issue, the from your tax dollars, our university result in termination. LCAs are most discuss topics impacting Ohio. This behavior to follow in order to avoid research and the hard work of common in union settings and often year’s opening speaker was New repeat misconduct and the specific American workers, and it is being include the union as a party to the York Times best-selling author and consequences for violation. Further, stolen,” Vance said. “We shouldn’t be agreement. However, employers in Ohioan J.D. Vance. While much has to avoid any misinterpretation surprised that when this happens, non-union settings have also found been written about his book, Hillbilly by the employee that the LCA is a the American middle class starts them to be useful. A successful LCA Elegy, which has been a bestseller guarantee of continued employment to shrink and the American Dream generally has three components. for a year and a half, Vance offered for other situations, it should clearly starts to disappear. We have to talk insights into ideas that could provide state that the agreement does more about this issue.” • To clearly set forth the solutions to the life problems he not alter the at-will employment employment issues at hand writes about in his memoir. relationship. Second, Vance sees too much emphasis on obtaining a college • To detail specific steps that must Growing up in the Appalachian degree and not enough on other be followed to correct the problem Lastly, the LCA should not be used parts of Northern Kentucky and pathways to success. unless the employer is committed to Southwest Ohio, Vance’s family was • To define the consequences if the holding the employee accountable. impacted by underemployment, “When I left the Marine Corps, I agreement is not followed In other words, if the bad behavior loss of employment, drug and could flip burgers or go to college,” he continues, the employer must be alcohol abuse and poverty. However, said. “There’s a culture bias that some LCAs can be used in employment prepared to enforce the agreement he overcame these obstacles by people don’t like the idea you can misconduct contexts ranging from and terminate employment. To do graduating high school, joining earn more as a plumber than with a chronic absenteeism and workplace otherwise would send a message the military, attending The Ohio college degree.” harassment to the abuse of legal and to all employees that such conduct State University on the GI Bill illegal drugs. can continue without reprisal and graduating from Yale Law Vance suggests reforming the and encourage litigation from School, affording him opportunities education system so that the only WHEN IS IT APPROPRIATE TO any victims of the employee’s bad that many with his childhood options aren’t flipping burgers or USE AN LCA? behavior. If the employer is not experiences did not have. earning a four-year degree. Imagine that an employee engages in prepared to terminate the employee prescription drug abuse and reports at the outset, then a safer course “If you look at my life from the Finally, Vance sees the opioid crisis to work intoxicated, in violation of of action is to forego the LCA outside, I think a lot of folks see it not just as a social crisis but also an his employer’s anti-drug policy. The and prescribe a lesser discipline and say, ‘This is what we want to economic crisis. employee has a long tenure, and of suspension, reduction of pay, happen for America’s poor children.’ “Employers would like to hire today, otherwise has a good work record. demotion or other appropriate It’s the American Dream,” Vance but they can’t find people who can Furthermore, the employee claims measures. said. “I wrote Hillbilly Elegy because pass a drug test,” Vance said. “That’s that he misunderstood his dosage when I looked at the data and the a significant problem, and it’s holding limits, admits fault and promises not LCAs can be useful tools for dealing broader community around me, I back earned success.” to do it again. with workplace misconduct when saw there weren’t as many people drafted and used correctly. With the who were able to live that American This summer, Vance, his wife and Does this warrant discipline? It is renewed focus on the cost of hiring Dream. I saw that if you were born their newborn son moved back difficult to know where to draw the and retaining qualified employees, in the 1940s, you had above a 90 to Ohio from California, and they line. LCAs can help to manage a LCAs can be an additional tool that percent chance of earning more reside in Columbus. He has started salvageable employment situation. gives employers further flexibility than your parents. If you were a nonprofit, Our Ohio Renewal, to In this scenario, the employer could in responding to misconduct in the born in the 1980s, that number had help address the needs and issues he offer an LCA as an alternative to workplace. dropped to 50 percent.” wrote about in his book. termination. The LCA would remind the employee of the company’s Steve Loewengart is an employment Vance believes this decline in the prescription drug abuse policy and law veteran with more than 25 achievement of the American require the employee to: years of experience. He represents Dream should bother everyone. employers in a wide variety of labor He attributes this decline to the • Remain sober at all times while and employment legal matters lack of high-quality, dignified work working, even when taking and serves a broad range of clients. available. To change this, Vance prescribed medication Reach him at (614) 453-7606 or offers three ideas. [email protected].

WWW.OHIOCHAMBER.COM 3 NOVEMBER/DECEMBER 2017

By Jacob Mattinson and Finn Pressly, McDermott Will & Emery LLP MANUFACTURERS’ THE EEOC RELEASES WELLNESS EDUCATION COUNCIL Largest business tax conference PROGRAM GUIDELINES in the nation coming in January Title I of the ADA. The final regulations clarify how the ADA’s voluntary standard is met, which requires, for example, that employees are not The Manufacturers’ Education Council’s 27th annual required to participate, are not denied coverage Ohio Tax Conference is Tuesday and Wednesday, Jan. under a group health plan, are not retaliated 23-24, 2018. Attended by 14,224 corporate tax directors, against and receive a required notice. CFOs, tax professionals and taxing authorities over the past 26 years, this event is the largest business tax The notice requirements apply to all wellness conference in the nation. programs that ask employees to respond to disability-related inquiries and/or undergo The conference was established in the early 1990s by the medical examinations, regardless of whether the Ohio Chamber of Commerce, with the Ohio Department wellness program is part of a group health plan of Taxation, and led by the Ohio Tax Commissioner and or whether incentives are offered in connection former Franklin County Auditor Roger Tracy. The idea with the program. This has been a point of was to serve as one of the top business tax educational confusion for many employers, who may think conferences, bringing together leading experts on tax no notice is required because their wellness issues from across the nation. The annual Ohio Tax Employer-provided wellness programs program does not provide any employee Conference has since served as the model for public/ continue to gain in popularity as employers look incentives or ask disability-related questions. In private partnership for tax education, inspiring many for new ways to reduce health care expenditures fact, a simple health risk assessment can subject states to establish their own state tax conference. and ensure employee well-being. the wellness program to the EEOC’s regulations. A 48-person, blue-ribbon tax conference planning This trend has caught the attention of In addition, the EEOC clarified hatt wellness committee, made up of many Ohio Chamber members, government regulators, resulting in a wave programs governed by the ADA must not offer meets twice a year to select topics, keynote speakers of new regulations and guidance placing a reward that exceeds the maximum allowable and workshop sessions for the annual Ohio Tax boundaries on wellness program designs. As a incentive to employees who participate in the Conference. Representing some of the most prestigious result, it has become progressively difficult for program. The limit is generally 30 percent of the national law firms and tax consulting organizations and employers to manage their wellness programs total cost for self-only coverage for the plan in Ohio’s leaders in corporate taxation, members from in compliance with the growing number of which the employee is enrolled. across the country evaluate hundreds of tax abstracts to requirements. select conference topics. In addressing related guidance issued by other Of the federal agencies tasked with enforcing government agencies, the EEOC emphasized This conference attracts the best and brightest in wellness programs, the U.S. Equal Employment that a wellness program’s compliance with taxation in the nation to lead workshops, roundtables Opportunity Commission (EEOC) is the latest the nondiscrimination rules under the DOL’s and more. Ohio Chamber of Commerce Chairman Larry to release guidance on wellness program design wellness program rules does not necessarily Kidd, who is also president and CEO of Reliable Staffing and administration. The EEOC’s regulations mean that the program is in compliance with Services LLC, will lead an interactive workshop on arise out of its enforcement of the Americans the final wellness program rulesunder the ADA. employment services. Former Ohio Chamber chairman with Disabilities Act (ADA), which generally and a national guru on taxation policy Thomas Zaino, prohibits employers from discriminating Importantly, employers should remember that the founder and managing partner of Zaino Hall & against employees on the basis of disability. not all wellness programs are subject to the Farrin, will provide a commercial activity tax keynote EEOC’s regulations. Only those programs that speech and lead workshop sessions on municipal income EEOC’S ENFORCEMENT require a physical examination or ask disability- tax centralization. He will also lead a roundtable on OF THE ADA related questions are subject to the ADA. Ohio tax policy and reform. Leaders of the tax-writing Title I of the ADA prohibits employers from discriminating against qualified individuals RECENT COURT CASE committees in the Ohio Senate and Ohio House Some advocacy groups have warned that the of Representatives will also join in. with disabilities. Specifically, the ADA generally prohibits employers from making EEOC wellness regulations open the door to Several other national tax disability-related inquiries or requiring medical government-sanctioned employer intrusion experts will be featured at the examinations. However, the ADA provides an into employees’ personal health information. 2018 conference as leaders exception to this rule that allows employers to In a recent case, the American Association and keynote speakers. engage in otherwise prohibited conduct as part of Retired Persons (AARP) sought to halt Conference attendees will of an employee wellness program, but only if the enforcement of the EEOC’s regulations. interact with leading tax program is voluntary. In the lawsuit, the AARP argued that the decision-makers in Ohio, as final wellness program regulations were well as top tax officials from Historically, the EEOC provided very little guidance regarding wellness program inconsistent with the ADA and challenged Kentucky, Michigan and the process the EEOC utilized in issuing the Indiana. compliance under the ADA. Previous EEOC guidance stated that a wellness program is regulations. The U.S. District Court for the Featured topics at the 2018 considered voluntary as long as an employer District of Columbia ordered the EEOC to conference include municipal neither requires participation nor penalizes review and revise its regulations. income tax centralization, employees who do not participate. In response to the judge’s ruling in the AARP technology/data/tax automation, However, the EEOC at that time never lawsuit, the EEOC stated that it will reconsider amnesty and voluntary disclosure agreements, real its final wellness program regulations and property appraisals and valuation, winning at state tax established guidelines for when a penalty or an incentive would render the program involuntary intends to issue new proposed regulations by controversies, the new federal partnership audit rule, August 2018. the elimination of tax appeals from the Ohio Board of — despite the fact that the Department of Labor simultaneously issued sweeping guidelines Taxation directly to the Ohio Supreme Court and nexus NEXT STEPS for incentivizing participation in wellness wars across states. Employers sponsoring wellness programs do programs. To further compound employer not need to take any new action at this time as a concern, the EEOC filed several lawsuits alleging In addition, this year’s conference features two optional result of the AARP lawsuit. However, wellness that employer wellness programs violated the ethics sessions for CPE & CLE credits for Ethics & program administration is a challenging task, Professionalism for State Tax Professionals. The first “voluntary” requirement under the ADA. and employers should continually review their session, Ten Things I Hate About You, is scheduled In one lawsuit filed in 2011, an individual wellness programs to ensure they are structured for the morning of Jan. 24. The second, For Your Eyes correctly and that the appropriate notices are Only: Understanding Privileges & Protections in State claimed that a penalty imposed by his employer’s wellness program for failure to provided to employees in light of the guidance Tax Practice, is a post-conference optional session issued by the EEOC and other government Wednesday afternoon. take a health risk assessment and health screenings violated the ADA. The court found agencies. With the best lineup of speakers and hot tax issues, the that in the absence of clear EEOC guidance, Any changes an employer makes to its wellness 27th annual Ohio Tax Conference is a valuable resource the employer’s wellness program met a safe programs, however innocuous they may seem, for keeping current on significant tax developments at harbor available to bona fide benefit plans could change the applicable law and should be the federal, state and local level. As the largest business under the ADA. As a result, the wellness carefully reviewed. Looking forward, employers tax conference in the nation, attendees benefit from program design was allowed and did not should be ready to implement any changes the continuing education credits they can earn and the trigger the ADA prohibition on disability- required by the new EEOC rules once those are valuable information learned about major tax and jobs related inquiries and medical examinations. issued. issues. EEOC ISSUES REGULATIONS Reach Jacob Mattinson at jmattinson@mwe. For more information and to register for this influential On May 17, 2016, the EEOC released final com and Finn Pressly at [email protected]. event, go to www.mecseminars.com and click on the regulations providing guidance on how Taxation & Business tab at the top of the page. employer wellness programs can comply with

4 SHARE SUCCESS.

By James Yates and Sarah Pawlicki, Eastman & Smith Ltd. APPRENTICEOHIO WEINSTEIN WAKE-UP CALL CONNECTS Harassment remains a significant workplace issue

BUSINESSES Recently, there has been an explosion of claims that • Maintain confidentiality to the fullest Hollywood heavy hitter Harvey Weinstein, co-founder of extent possible. Assure those participating in an WITH SKILLED Weinstein Co., sexually assaulted and harassed women investigation that you will keep things as confidential for decades. as possible. However, do not tell the complaining WORKERS party that you will not tell the alleged harasser who While the salacious nature and sheer volume of the made the complaint. The alleged harasser should have allegations surprised many, the fact that harassment still the ability to understand the allegations to make an exists in America’s workplaces is unsurprising. In June appropriate response. 2016, participants in a Select Task Force on the Study of Harassment in the Workplace issued a report on the • Do not retaliate. Harassing behavior goes current state of harassment in the workplace, which was unreported for fear of retaliation. Employers need to published on the EEOC’s website, www.eeoc.gov/eeoc/ reassure employees reporting abusive behavior and task_force/harassment/report.cfm. anyone participating in the investigation that there will be no retaliation. This should be done verbally The report concluded that “workplace harassment and in writing throughout the investigation. Likewise, remains a persistent problem” (nearly one-third of alleged harassers should be instructed directly that charges filed with the EEOC in 2015 included an the consequences for retaliating will be severe. allegation of harassment), “harassment too often goes unreported” (about three of four individuals who • Take action. After receiving a complaint, do experienced harassment never reported it) and “there something. Conduct an investigation and follow up is still a compelling business case for stopping and after the investigation with the employee to assure preventing harassment.” (In 2015, the EEOC recovered the person that the company took the matter seriously Ohio employers frequently say they $164.5 million in harassment cases). and responded appropriately. Discipline the offender need skilled workers, but many as appropriate and relative to the conduct that was don’t realize they can build a highly Given this, it is certainly time to revisit company efforts to revealed in the investigation. Sweeping things under skilled, motivated workforce, address harassment in the workplace in a meaningful way. the rug can come back to haunt your organization inexpensively and efficiently, with The following are key concepts to keep in mind. years later. the ApprenticeOhio program. • Think of “harassment” in broad terms. Just as • Supervisory training is not optional. The impact harassment includes more than sexual harassment, Ohio has more than 19,000 (positive and negative) of an organization’s front- keep in mind that disrespectful conduct and line supervisors cannot be overstated. Train them. apprentices in more than 200 workplace incivility, while not per se illegal, may occupations, making it the largest Often. The “equal opportunity harasser” is a defense also be harassment. In fact, the EEOC recently of last resort. The argument that a supervisor is mean program in the region and the launched training initiatives focused on addressing to every employee is not all that persuasive in front second-largest in the nation. disrespectful conduct and abusive behavior and of a jury. In fact, juries will relish the opportunity to Apprentices can be trained in a empowering observers to appropriately intervene. punish the “mean supervisor,” as well as the employer variety of industries, from health Make sure your harassment policies cover not only that continued to tolerate the bad behavior. This is care to advanced manufacturing, “illegal” harassment but that they also establish your where the concept of prohibiting abusive behavior from energy to computer company’s expectations for a respectful workplace (not just illegal harassment) comes into play. programming, and everything in regardless of protected classification. between. Best of all, employers Broad-based respectful workplace policies that • Expand the concept of “workplace.” Policies can design programs to meet their incorporate equal employment opportunity and and training should address not only conduct on harassment issues, combined with effective employee needs. company property, but other work-related settings training, may be the difference between a large jury such as business trips, work-related meetings and verdict or settlement and an employer obtaining a “Apprenticeship programs social events. Online or mobile device-related abusive emphasize learning by doing, dismissal of the claim. Ignoring the problem will only behavior by employees is just as harmful (and more make it worse. Companies that take prompt action and they’re thriving,” says prevalent) than on-the-premises harassment and in response to harassment complaints go far toward Cynthia Dungey, director of the should likewise be prohibited. staying out of court and the news. Ohio Department of Job and Family Services, which manages • Protect employees from harassment by others. James Yates and Sarah Pawlicki are members in ApprenticeOhio. “Businesses can A well-crafted harassment policy will protect your Eastman & Smith Ltd.’s Labor and Employment group. train workers the way they want employees from harassment by customers, vendors, Between them, they have over 30 years of experience contractors, delivery personnel and temporary them trained, and to industry partnering with human resource professionals to make employees. specifications. This training model workplaces better (and legally compliant). Reach them allows employers to improve the at (419) 241-6000, or [email protected] and • Provide multiple avenues for employee [email protected]. skills of existing employees and complaints. Employees will not complain unless they quickly boost the productivity of feel confident that the complaint is communicated to an new hires.” individual or entity with authority to address the issue. Each ApprenticeOhio program includes at least 2,000 hours of structured on-the-job training MEMBER NEWS Need help marketing your products or services internationally? and 144 hours a year of classroom The International Market Access Grant for Exporters (IMAGE) program training, typically at a local Welcome new members helps small businesses increase exports and create jobs in Ohio’s economy. community college. Most programs The following companies joined The program offers financial assistance for small businesses to promote their are sponsored by an employer, the Ohio Chamber of Commerce products and services in an international market, reimbursing the qualifying an employer association or a between Aug. 24 and Oct. 19, activities of eligible approved applicants at a 50 percent rate, capped at $12,500 labor-management committee 2017. Welcome to the Ohio per fiscal year. for one or more organizations. Chamber of Commerce! ApprenticeOhio professionals The IMAGE program is funded, in part, through the Small Business can help interested businesses Charles Penzone Inc., Powell Administration’s State Trade Expansion program. For more information about design programs, partner with Donaldson Plastic Surgery and the IMAGE program, go to www.image.development.ohio.gov. educational institutions, and plan Aesthetic Solutions, Columbus and fine-tune curriculums. GlaxoSmithKline, Hummelstown, Ohio’s minimum wage increasing Pennsylvania Want to learn more? Visit Ohio’s minimum wage is scheduled to increase on Jan. 1, 2018, to $8.30 per Apprentice.Ohio.gov, or email JD2 Strategists LLC, Columbus hour for nontipped employees and $4.15 per hour for tipped employees. The [email protected]. Lastar.Com Inc., Moraine minimum wage applies to employees of businesses with annual gross receipts An ApprenticeOhio representative Liberty Savings Bank, Wilmington of more than $305,000. will set up an appointment to give R.L.O. Inc., dba Great Clips, The current 2017 Ohio minimum wage is $8.15 per hour for nontipped you more information and answer Beavercreek employees and $4.08 per hour for tipped employees. The 2017 Ohio minimum your questions. Rea Polishing Inc. Wauseon wage applies to employees of businesses with annual gross receipts of more Thomas B. Fordham Institute, Columbus than $299,000. Waypoint Benefit Solutions, Dublin The constitutional amendment (II-34a) passed by Ohio voters in November 2006 states that Ohio’s minimum wage shall increase on Jan. 1 of each year by the rate of inflation. For employees at smaller companies with annual gross receipts of $305,000 or less after Jan. 1, 2018, and for 14 and 15-year olds, the state minimum wage is $7.25 per hour.

WWW.OHIOCHAMBER.COM 5 NOVEMBER/DECEMBER 2017

MEET A BOARD PETLAND CELEBRATES MEMBER 50 YEARS OF SUCCESS Learning begins A childhood visit to with discovery Disneyland sparks the Lois Rosenberry has been an active Ohio Chamber board member since 2001. She idea for a pet store is the founder and CEO of Children’s Discovery Center (CDC) and serves as a empire member of the Ohio Small Business Council Ed Kunzelman was 10 years old, living in Committee and our Executive Committee. California, when Walt Disney opened his Lois Rosenberry first theme park in Anaheim, California, What does your company do? in 1955. His first visit to the park left an Children’s Discovery Center is a premier early care and education invaluable impression. provider that encourages learning through exploration within a creative, nurturing environment. We have eight locations in Ohio “I saw what Walt Disney had done to a and South Carolina serving 1,700 children. crummy amusement park scene,” says families to take them in. As a part of its Kunzelman. “It seemed a lot of pet stores commitment to the community, it has How does your company impact the Ohio economy/benefit weren’t that nice, like the little carnival the Ohio business community? also taken on several community service scene. I wanted a store that was brighter, programs. Children’s Discovery Center employs 200 people in Ohio who cleaner and filled with people that really serve as directors, teachers, assistants and support staff. Because liked animals and really liked people and Safari Stan’s Children’s CharitiesSM of the nature of our services, we provide peace of mind to working could educate them about pets. So there collects money annually for St. Jude parents, which enables them to competently fulfill their work was this theme, and that was why we Children’s Research Hospital and has responsibilities in the marketplace. We also utilize vendors from called it Petland, like Disneyland.” fulfilled over 250 pet-related wishes other industries, including banking, accounting, food, paper for the Make-A-Wish Foundation® of supplies, utilities, printing, maintenance and more. Therefore, we With a focus on customer service, America. also impact the overall health of the supporting businesses. animal care and store presentation, Petland defines leadership in the pet Heartland Canines for Veterans provides What is your role at the company? store retail industry. Petland Inc. began disabled veterans with therapy, service I am the founder of CDC and serve as the CEO. with one man, Kunzelman, who took and companion dogs and sponsors the his fish-keeping hobby to the next level full cost ($7,200) of one training dog How have you or your business benefited from your by opening a single pet store on Oct. per year. involvement with the Ohio Chamber? 21, 1967, in southern Ohio. The store I have gleaned best business practice ideas through my featured 12 wet tanks and offered fish, Petland also provides service canine connections with other members, kept up to date with pending small animals and birds. After months support by financially supporting or legislation that affects Ohio’s business climate and have become of customers asking about puppies, providing feeding programs for more an issue advocate. Through my membership, I can make my voice Kunzelman visited local breeders, and than 125 therapy dogs and K9 units. heard at the Statehouse. in spring 1968, began offering three to five puppies at a time, as they weren’t STRONG BUSINESS How long have you been on the board? in high demand. For several years, Today, Petland remains a thriving I have served on the Ohio Chamber Board of Directors for about Kunzelman continued to buy only business. This year the company achieved 16 years. from local breeders. However, once the its highest ranking yet on Entrepreneur’s first franchised Petland store opened annual Franchise 500 list, coming in at What are some of the latest goals/objectives of your in Portsmouth, Ohio, in 1972, and the No. 188. With 150 retail pet centers across company? business began to grow, it became the United States, Canada, Mexico, China, Our company is birthing a catering company called Inspired necessary to find additional suppliers. South Africa, Brazil and El Salvador, last Kitchen that strives to improve the nutritious meals served to year Petland announced plans to expand our children. We are focused on improving teacher training to Fifty years later, Petland is an award- into the Middle East/North Africa region, ensure a high-quality project-based educational approach that winning franchise operation based in as well. incorporates the STEAM model (science, technology, engineering, Chillicothe, Ohio, providing jobs for art and math). We are exploring opening a new center to better approximately 500 people in this Petland continues to put veterinary serve our business community, as well. state alone. care at the forefront of its business model, as pet counselors work every day How has the Ohio Chamber helped your company achieve COMMUNITY SERVICE to meet the Petland mission: “Our Pet those goals/objectives? Petland’s work goes beyond simply Counselors are dedicated to matching The Ohio Chamber has opened the door for me to speak directly selling a pet. The company is also the right pet with the right customer with legislators regarding industry-specific legislation, to committed to being a part of the and meeting the needs of both. To our participate in online training sessions to improve my business community and providing public pet customers who already own pets, we are performance and to attend Salt Fork Policy Conference, where education. As a part of its Adopt-A-PetSM dedicated to enhancing their knowledge I have been able to stay on the cutting edge of new trends and program, Petland provides homeless pets and enjoyment of the human-animal issues at both the state and national levels. with a safe place while finding suitable bond.”

(Photos, top row, left to right) Director of the Ohio Small Business Council testified in favor of House Bill 10.

The Ohio Chamber’s Energy & Environment Committee met in October to discuss pending energy and environmental issues.

Vice President of Membership Kathy Eshelman, Director of Energy and Environmental Policy Zack Frymier and Director of External Relations, Stephanie Kromer, attended the Northeast Energy Management Conference in September.

(Photos, bottom row, left to right) The Ohio Small Business Council held its quarterly meeting in October.

Our Ohio Chamber Taxation and Public Expenditures Committee met in October to discuss pending legislation.

Director of Energy and Environmental Policy Zack Frymier testifies in favor of Senate Bill 188.

6 STAY CONNECTED.

MEET STAFF MEMBER KATHY ESHELMAN Eshelman brings business experience to VP position

daughter, Betsy, live in Dublin. She What do you do when you are Do you have a secret family is a proud graduate of the University not working? recipe? If so, what for? of Texas and holds a bachelor of arts I teach WERQ, an aerobics class, Cornbread dressing, chocolate degree in broadcast journalism. be with my family, have fun with meringue pie, pecan pie and Texas my girlfriends or spend time sheet cake Get to know Eshelman in the with my daughter at Pure fourth installment of our Employee International Pageants. (Last What is your career highlight? My appointment to the National Spotlight. year we were both Miss Ohio for Women’s Business Council, our age divisions.) Do you have any pets? Advisors to the President, Congress No. We did have a series of red betta What is your favorite quote? and the SBA, and starting a business fish. My daughter named them “Go confidently in the direction at age 25 and growing it to a $1 Ruby, Ruby 1, Ruby 2, Ruby 3, etc. of your dreams. Live the life you million business Kathy Eshelman Then we got a blue one and she still imagined,” by Henry David Thoreau named it Ruby 4. They are all buried Tell us one thing that most Kathy Eshelman is one of our in our backyard. Are you afraid of anything? people don’t know about you. I marched in the University of Texas newest team members at the Ohio Gaining weight back after losing 100 Where did you grow up? Longhorn Band and was honored to Chamber of Commerce and started pounds Pasadena, Texas, a suburb of represent the state of Texas in the her job this year. Prior to joining Houston If we asked your family and Inaugural Parade of President Ronald our staff, she was a small business close friends to describe you Reagan and Vice President George owner for 26 years. She brings that Which three websites do you in one word, what do you think H.W. Bush. The band stayed in the business experience to her position visit most? they would say? Quantico Marine barracks and flew to as vice president of membership. SalesForce, Twitter and Gregarious D.C. in an orange Braniff airplane. Eshelman, her husband, Jack, and Facebook

By Chris Ventura, Executive Director, Consumer Energy Alliance Campaign for America’s Energy: WHY OHIO ENERGY MATTERS

Energy. It fuels and powers Ohio’s their natural gas bills substantially communities everywhere. We cannot businesses, farms and families of decrease year over year. become complacent when it comes all sizes, providing tremendous to ensuring affordable, reliable and opportunity for job growth across But make no mistake, the high safe delivery of our American energy industry sectors and improving energy prices that stifled economic resources. the lives of countless Ohioans. Yet growth, threatened jobs and pushed this opportunity can only occur if budgets to the brink can return if It is time to change the discussion our energy costs are affordable, we our elected officials make bad policy by highlighting the importance of continue to advance environmental choices. And in today’s policy arena, the energy that businesses, farms goals and the energy we use is with such differing points of view, and families all need. It is time reliable. anything can happen. to raise public awareness and ensure our elected officials realize Do you remember how expensive Once-bipartisan issues, such the consequences that bad policy QUICK GLANCE energy bills were just a short time as achieving American energy decisions could have on Ohio’s job Ohio is one of the leading energy ago, with the price of a gallon of independence from foreign creators and families. regular gas at $4.11 and natural gas countries and investing in new and producing states. reaching $12.71? modernized energy infrastructure, For too long, well-funded anti- have become increasingly partisan, development groups have attacked Increased energy production has Imagine those prices today, coupled with small, well-funded groups energy development without decreased costs. with the ever-increasing electricity fighting to not just limit energy understanding the consequences Energy development and rates you are paying. Can your production and transmission in to families and businesses or business or family afford to have Ohio, but to stop it altogether. providing actual solutions to meet environmental protection are these high prices return? For many, our basic everyday needs. That is equally important. the answer is simply no. As with any piece of infrastructure, why Consumer Energy Alliance we must make common-sense (CEA) is launching Campaign The primary reason energy costs choices about investing, building for America’s Energy, focused on standards enacted not just in have decreased is an increase in and upgrading energy in Ohio, from fostering a more thoughtful public America, but in the world. American energy production, led in transmission infrastructure like discussion on the implications that part by energy exploration in Ohio, high-voltage lines to pipelines to energy policy has on businesses Responsibly developing Ohio’s Pennsylvania and West Virginia. To diversifying our energy with more and families across our state. It is energy resources and protecting put this in perspective, if these three solar and wind production. Yet, as time we look at the facts in order the environment are not a zero-sum states were a separate country, it noted by researchers, we are caught to end this unproductive and often game. We can, and must, do both to would be the third-largest producer up in an unproductive, divisive and misinformed or intentionally preserve our state and all it has to of natural gas in the world. In fact, often misinformed debate about our misleading discussion on energy. offer our children. for the first time in history, the energy strategy, which threatens Energy Information Agency (EIA) not only Ohio, but our country’s The fact is that Ohio deserves a We invite you to join us in leading is predicting that, this winter, the economic and environmental goals. cleaner environment. But Ohio also a rational dialogue on why Ohio’s United States will not have to import Instead of providing thoughtful deserves common-sense, balanced energy matters to our businesses, our any natural gas, which could not solutions and ideas, some individuals state energy policies that encourage communities and our families. be accomplished without Ohio’s continue to make the illogical development, production and increased energy production. argument that we must choose transmission of traditional energy Chris Ventura is executive director for between energy development and resources, and the simultaneous Consumer Energy Alliance - Midwest. In Ohio, we’re seeing an environmental protection. But development of renewable energy Prior to joining CEA, Ventura served unprecedented investment in why? We can, and must, have both. sources that are clean, reliable and as senior project manager for the natural gas-fired power generation, affordable. Ohio House of Representatives under with nearly a dozen power plants Energy is not a partisan issue. The Speaker William Batchelder. CEA being built or in the planning environment is not a partisan It’s also a fact that technological is the leading U.S. consumer stages. Businesses are realizing issue. It is time that people in innovation has allowed Ohio to advocate in support of affordable, electricity prices that, in some cases, communities across our state and become one of the leading energy- reliable energy for working families, are 50 percent lower than in other this country come together with producing states in the country, seniors and businesses across the exporting countries. At the same thoughtful solutions that can benefit while also upholding some of the country. To learn more, visit www. time, Ohio’s homeowners have seen not only our communities, but most stringent environmental ConsumerEnergyAlliance.org.

WWW.OHIOCHAMBER.COM 7 CHAMBER ENDS ANOTHER SUCCESSFUL YEAR New initiatives coming for 2018

As we put the final touches on 2017, businesses and providing input on what billion of new taxes on Ohio employers. I want to thank those who have would make Ohio’s business climate None of them is in the final version of helped us continue our mission: better helps us achieve our goals. the budget bill. As the state’s leading business Finally, I’d like to thank all of you — Other pro-business provisions we advocate and resource, the Ohio our members. It is your belief in our supported during the budget process Chamber of Commerce aggressively mission that keeps us going, day after included common-sense reforms to champions free enterprise, economic day. Without our members, there Ohio’s municipal income tax system, competitiveness and growth for the wouldn’t be an Ohio Chamber of a new process for how the Ohio benefit of all Ohioans. Commerce. When advocating at the EPA handles discharge permitting First, I want to thank our leaders Statehouse, our No. 1 priority is to do appeals and several new workforce this year, Tom Zaino, who served as what is best for our members. development initiatives. We continue chairman from April 2015 to May to advocate for changes to Ohio’s 2017 marks the 124th year of existence 2017, and Larry Kidd, who took the broke and broken unemployment for the Ohio Chamber of Commerce. gavel at this year’s Annual Meeting. compensation system. This year, we hosted 27 HR Academy Both of these chairmen have helped webinars business symposiums. Our With 2018 fast approaching, we are keep the Ohio Chamber on focus so Annual Meeting featured former looking forward to celebrating our that we can successfully carry out our college football coach Lou Holtz, and 125th anniversary. We have several mission. They have given numerous our 2017 Policy Conference at Salt new initiatives in the works, including hours of time and talent in helping the Fork featured best-selling author J.D. an employer tool kit that will help deal organization. Vance. We introduced a new health with the opiate/opioid crisis, and a few Second, I’d like to thank all of our board and dental insurance program for our other exciting things that you’ll just members. These business leaders take members, and we are getting ready to have to wait to hear about. As we finish time away from their businesses to launch a cyber insurance program. up 124 years advocating on behalf of attend our board meetings and events. Ohio’s businesses, I just want to say We also scored many legislative Their belief in our mission helps us thank you to everyone who contributed victories. When the budget bill was to make the best decisions for Ohio’s to our success, and I look forward to introduced, it included a tax reform business community. working with you next year. package composed of increases in the Third, I’d like to thank the over 850 sales, oil and gas severance, tobacco volunteer committee members. products, and beer and wine taxes, By participating in our committee along with a plan to expand the sales work, they are helping to move our tax to several services not currently mission forward. Their effort on subject to it. These tax changes would reviewing legislation that impacts Ohio have resulted in an estimated $1.2

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