OHIOCHAMBER.COM JULY / AUGUST 2018

GET INFORMED. 1 Businesses … Good for Life Chamber PAC makes Ohio Supreme Court endorsements Research Foundation study shows slow pace of growth Key pro-business priorities advancing at the Statehouse

SHARE SUCCESS. 4 Is that dog on the job? Enforcing and defending against non-competes The implication of arbitration decision on employers Outside forces impact medical marijuana decision OhioMeansJobs — Readiness Seal

STAY CONNECTED. 7 An Official Publication of The Ohio Chamber of Commerce Become a business advocate with the chamber Chamber offers insurance program New members Chamber gala celebrates new location

OHIO BUSINESSES ... GOOD FOR LIFE

Every day, businesses throughout • The Miracle Park of Findlay Ohio are doing great things that was made possible by Marathon improve lives and strengthen Petroleum and Blanchard communities. This summer, the Ohio Valley Health System. This Chamber of Commerce is embarking custom baseball field, with a on a unique statewide image cushioned, rubberized surface, campaign that touts the positive allows kids with special needs things Ohio businesses are doing for to play baseball. The field hosts individuals and their communities. an organized league during the spring through the fall and will We want Ohioans to know that not host a national Miracle Field only are the employers in our state all-star tournament with players providing jobs and benefits, they from all over the nation in are also building parks, providing September. educational opportunities, mentoring children, helping those in need and • The Grange Insurance making our state a better place to Audubon Center in Columbus live. Ohio businesses are doing great provides a place for school-aged things, and we want to raise the level children to learn more about the of awareness of what they are doing natural world and conservation. through the Ohio Businesses … Good The Scioto Audubon Park was for Life campaign. once a blighted brownfield and is now 120 acres of parkland in the In February, the Ohio Chamber middle of Ohio’s capital city. sent out a request for stories, and businesses large and small, from all • The Wilds is a conservation over the state, responded. center in southeastern Ohio made possible thanks to AEP’s “We received stories that really donation of nearly 10,000 moved us,” says Ohio Chamber acres of reclaimed strip mining President and CEO Andy Doehrel. land between Zanesville and “From baseball fields that support Cambridge. The Wilds is now a children with different abilities to part of the Columbus Zoo and providing job opportunities to adults home to hundreds of animals both who have had problems getting a job, native and from other countries. Ohio businesses have great stories to tell.” • She Has A Name provides jobs Other projects include: companies, we would like to hear for women with alternative from more. If your company has a Through this campaign, Ohioans resumes. These jobs not only • Delta Dental’s installation of water story to tell, submit it on the website are hearing these stories through provide women with an income bottle fillers in public schools cuts at www.ohiogoodforlife.com. media buys on network television, but also with the support they back on plastic bottles going to social media, outdoor billboards, need to become leaders in the landfills while providing purified “We know we are just scratching the digital stories and the website www. company and community. water for students. surface when it comes to the good ohiogoodforlife.com. Some examples things Ohio businesses are doing for of the stories follow. • Ohio Art has provided jobs for Ohioans,” says Doehrel. generations of local families and has remained committed to People can also follow the campaign manufacturing in Ohio through on Twitter @OhioGoodforLife and the ups and downs of the economy. like the campaign on Facebook at Ohio Businesses. Good for Life • UnitedHealth Foundation works at https://www.facebook.com/ with the OhioBusinessesGoodforLife/. to provide the CelebrateOne program, which educates parents We encourage everyone to follow the on how to raise a healthy child to campaign and share it with your reduce the infant mortality rate. friends. There are many more stories that will continually be shared throughout the summer and fall. While we have heard from many

WWW.OHIOCHAMBER.COM 1 You have been with us over the years. We appreciate our members. We want to celebrate you. We’re all for Ohio.

Mark your calendars for Thursday, Nov. 8, as we will be celebrating our members with our 125th Member Gala. This free event will start at 4 p.m. with an open house at our new location, 34 S. Third St. Columbus, OH 43215, followed by a reception at 6 p.m. and dinner at the Renaissance Hotel, 50 N. Third St. Columbus, OH 43215. The dinner will include special guests and a video presentation. There is no cost for our members and a guest to attend, but registration is required and will be released soon.

Sponsorship information is available by contacting Ashley Brown at (614) 228-4201. GET INFORMED.

OHIO CHAMBER PAC ENDORSES DEGENARO, BALDWIN FOR OHIO SUPREME COURT

In June, the Ohio Chamber of District Court of Appeals, which Judge Baldwin, who will seek to bring Commerce Political Action includes the areas of Ohio most consistency to the judicial process.” Committee (OCCPAC) announced directly impacted by the ongoing its endorsements of Justice Mary development of the Utica Shale play, Baldwin currently sits on the Fifth DeGenaro and Judge Craig Baldwin. she brings to the Supreme Court District Court of Appeals, having unique experience in understanding been appointed in 2013 and elected “Ohioans are fortunate to have and applying oil and gas law.” in 2014 and 2016. Prior to that, excellent candidates seeking to he served on the Licking County serve on the state’s highest court,” Prior to being appointed to the Court of Common Pleas, Domestic says Andrew E. Doehrel, president Ohio Supreme Court on Jan. 28, Relations Division. He has also spent and CEO of the Ohio Chamber 2018, DeGenaro served 17 years decades as an attorney in private of Commerce. “However, Justice on the Seventh District Court of practice, representing small business Justice Mary DeGenaro and Judge Baldwin clearly Appeals. She is running to keep her owners, among others. DeGenaro stand out.” seat that was vacated due to the early retirement of Justice William Justices on the seven-member “During her tenure on the Supreme O’Neill. Supreme Court are elected on a Court and the Seventh District nonpartisan basis to six-year terms. Court of Appeals, Justice Mary Baldwin is running for the open seat Their decisions can have a significant DeGenaro has demonstrated a strong created by the upcoming retirement impact on Ohio’s economy, commitment to interpreting laws of Justice Terrence O’Donnell. influencing the cost of goods and and applying them as written, rather services, health care, education than legislating from the bench. “Judge Baldwin’s judicial philosophy and the general costs of running a That commitment is critical for is consistent with the Ohio business. The Ohio Chamber has having a fair and predictable legal Chamber’s longstanding preference been a leader in educating Ohioans environment in Ohio, and we are for candidates who do not attempt about the importance of the court to legislate from the bench,” says pleased to endorse her. In addition, and is committed to performing this Judge Craig Baldwin by virtue of serving on the Seventh Doehrel. “We are proud to endorse responsibility again in 2018.

RESEARCH FOUNDATION STUDY SHOWS SLOW PACE OF GROWTH

The Ohio Chamber Research successful initiatives that would opportunities for workforce significant returns on investment, Foundation has released its newest benefit the entire state if scaled up. development. the overall macro entrepreneurship study, Bold Ohio: Accelerating the Examples include: While each of these has been effective needle isn’t moving fast enough. Innovation Economy. Ohio must nurture a risk capital • The America Makes facility on the local level, they have not been sufficiently connected or scaled to community that is both oriented Ohio’s future in the innovation in Youngstown, Ohio, provides toward early stage financing and economy is at a pivotal point. Even a significant stake in the ground make a statewide impact. Statewide innovation hubs will support current committed to indigenous investment. with Ohio’s economic development in terms of signature research Such indigenous funds would help initiatives, cutting-edge innovation, in nextgen manufacturing and innovation while bringing together industrial partners, research to identify promising discoveries, and business-friendly tax incentives materials. support new ventures and facilitate and regulation reforms, the speed of institutions and the public sector in a • REDIZone™, located on the new unique partnership to accelerate their connection to outside capital. technological advancements requires campus of Northeast Ohio Ohio’s economy. Ohio must also achieve improved Ohio to embrace a new paradigm. As Medical University in Rootstown, talent through the innovation hub innovation’s role in driving economic Ohio, enables innovators of The hubs will advance technological model. Human capital is one of the growth continues to increase, Ohio’s biotechnology to take their convergence and capacity, attract few market factors that is locally statewide macroeconomics fall research from concept to capital. and generate a skilled technical further behind. workforce, and foster the growth, based and has the potential to • Smart Columbus, Drive attraction and creation of businesses. create significant advantages and Despite pockets of success, this and the Ohio Transportation The innovation hubs will focus disadvantages. Ohio needs to develop, slower pace manifests itself in the are paving the Research Center on industry-facing activities retain and attract the talent that following categories. way for the entire state to succeed and specialized shared-use our industries demand by pouring and lead with smart infrastructure • Slower population growth facilities to advance new product significant talent development in design and models. • Slower growth in income and development, process improvements to both the data analytics and the wages • The University of Cincinnati’s and commercialization of new nextgen manufacturing innovation • Increased poverty 21st century co-op experience technologies. hubs, offering financial incentives for • An aging and non-diverse breaks down the walls between Ohio graduates pursuing careers in population being a college student and being While past and current initiatives any of the opportunity platforms and an employee by exploring creative to catalyze entrepreneurial creating an Ohio Alumnae Outreach Bold Ohio creates a roadmap for development have obtained Program. success in accelerating Ohio’s economy. As a new governor assumes The cost to implement this blueprint office in January, significant bold and invest in four innovation hubs is steps are required to leverage and quite significant. Funding streams build upon existing efforts to catalyze already exist that could provide long-term economic growth. At resources for these efforts, and the the heart of this blueprint is the price of not investing is even higher. recommendation for a statewide Failure to advance the four innovation organizational approach to pursuing platforms identified will have strategic innovation opportunities significant long-term ramifications. around four opportunity platforms. The stakes are high for Ohio. First • Data analytics movers in creating the next generation • Future health environments based around • Nextgen manufacturing these innovation hubs will enjoy • Smart infrastructure disproportionate advantages and economic growth. Now is the time for Each of these platforms would be a Bold Ohio. represented by new innovation hubs through which Ohio would foster For more information please contact the infusion of advanced innovation Katie M. Koglman, executive director, processes, products and techniques. at (614) 629-0921 or email research@ Ohio already is home to several ohiochamber.com.

WWW.OHIOCHAMBER.COM 3 JULY / AUGUST 2018

By Keith Lake, Vice President, Government Affairs AMID STATEHOUSE TURMOIL, KEY PRO-BUSINESS PRIORITIES STILL ADVANCE

The first sentence of a blog post was elected with a plurality, but not a the first of its kind in the nation — published on the Ohio Chamber’s majority, of votes. provides businesses that institute All for Ohio blog on Dec. 27, 2017, a robust cybersecurity program Most significant said this: “It was, to say the least, an Even before Rosenberger’s in compliance with the statute an was the passage of Senate resignation, there was a bitter battle unusual second half of 2017 around affirmative defense in a lawsuit Bill 221, which builds upon the Statehouse.” being waged between Smith and involving a data breach. In today’s another Republican, Rep. Larry world, where companies are daily the existing authority of the As Bachman-Turner Overdrive Householder, to position themselves confronting increasingly complex successful Common Sense sang, “You Ain’t Seen Nothing Yet.” to succeed the term-limited cybersecurity challenges, SB 220 Initiative to minimize the Although we couldn’t have known Rosenberger. This caused ongoing further incentivizes businesses to it at the time, the first six months friction within the GOP caucus. invest in and maintain reasonable negative impact that state of 2018 made the last six months Further, all of this occurred in the cybersecurity measures to protect regulations have on business. of 2017 seem downright normal by midst of a heated May 8 primary employee, customer and other comparison. election, in which 16 incumbents private information. faced primary opposition — all but When Ohio lawmakers wrapped up one secured their party’s nomination One of the bills to which the House employees of a franchisee are not business for the first half of 2018 and — and there were 53 contested agreed to changes made in the considered employees of a franchisor left Columbus on June 27, it brought House primaries. Senate was House Bill 292. Last for the purposes of the tax code, to an end what was undoubtedly one year, the legislature eliminated the unemployment compensation, of the strangest six-month periods The eight weeks without a speaker longstanding right of taxpayers workers’ compensation and other ever for the Ohio General Assembly. left the House paralyzed, and no to obtain a direct review by the areas affecting the employment The main reason was a nearly legislation — including important Ohio Supreme Court of decisions relationship (HB 494); and 4) require eight-week stretch during which the pro-business bills backed by the Ohio rendered by the Board of Tax state agencies to reduce regulatory Ohio House of Representatives was Chamber — could be voted upon. Appeals. This change made an restrictions by 30 percent by the end without a speaker. However, the House subsequently already costly process even more of 2022 (SB 293). tried to make up for lost time; during costly and would have resulted in tax The direct cause of this turmoil was These bills, in particular, are now three marathon session days, the law possibly being applied differently the resignation of former Speaker primed to be completed when chamber passed 70 bills and agreed across Ohio. However, the Senate Cliff Rosenberger on April 12. He lawmakers return to Columbus. to changes the Senate made to 20 included an amendment to HB 292 resigned under a cloud amid news While there are a handful of days on others. Included among these 90 bills that partially restores the right of that the FBI may be investigating which either the House or Senate were several that will help strengthen direct appeal. The governor has some of his travel and other is scheduled to possibly be back Ohio’s business climate. already signed this bill into law. expenses. in action prior to the November Most significant was the passage Unable to agree on how or when While these were the only bills election, the strong likelihood is of Senate Bill 221, which builds supported by the Ohio Chamber that these — and all other remaining to take an official vote to fill the upon the existing authority of the unexpected vacancy — much less finalized by the legislature, the bills of interest to employers — will successful Common Sense Initiative first half of 2018 saw four other still be pending when legislators who to choose to fill it — the House to minimize the negative impact was at an impasse and unable to key bills pass one chamber and get resume business afterward. (To see that state regulations have on initial review in the other. These the Ohio Chamber’s top legislative conduct its ordinary business. business. It passed both the Senate Finally, on June 6, the House are measures to: 1) require local priorities for the remainder of the and the House with wide, bipartisan taxing entities to pass a resolution 132nd General Assembly, go to www. elected Rep. Ryan Smith as the support. By the time you read this, we new speaker. Even this process was authorizing a property tax valuation OhioChamber.com/top-priorities.) anticipate Gov. John Kasich will have challenge and notify the property The legislature’s lame duck session extraordinary. Four representatives signed this bill to make sure Ohio were nominated, and it took 10 owner prior to filing the challenge once again promises to be intense, rules and regulations are as jobs- (HB 343); 2) cut down on drive- active and, yes, crazy. Let’s just hope ballots to decide the outcome. friendly as possible. Despite the fact that Republicans by lawsuits against businesses it’s the normal craziness, and not a control the 99-member House with Also awaiting Kasich’s signature is for alleged disability accessibility sequel to the strangeness of the year’s a substantial 66-33 majority, Smith Senate Bill 220. This legislation — violations (HB 271); 3) clarify that first six months.

IS THAT DOG ON THE JOB?

As enforcers of Ohio’s Laws Against THREE TYPES OF ANIMALS no-pet policies are required to any work or tasks, that handler is not Discrimination, the Ohio Civil IN PLACES OF PUBLIC allow residents to have emotional protected by Ohio’s civil rights laws Rights Commission acknowledges ACCOMMODATION support or comfort animals as a and the business can deny the handler the differences among a mere pet, • Pets are trained or untrained reasonable accommodation of a the right to bring the animal into the an emotional support animal and animals that do not perform any disability. In many circumstances, establishment. an assistance or service animal, and work or tasks to aid a person with a business owners may choose to An owner, manager, keeper or the legal rights that owners of each disability. permit emotional support animals, proprietor of a place of public animal may or may not have in places or even pets, but Ohio law does not • Emotional support or comfort accommodation may not request of public accommodation. similarly require accommodation of animals are trained or untrained medical documentation or certification emotional support or comfort animals companion animals that a of training, but the law does allow However, the commission in places of public accommodation. medical professional deems to businesses to require service animals recognizes that business owners and However, businesses are required to have a benefit for a person with a to be harnessed, leashed, or tethered, managers may not be familiar with make reasonable accommodations disability. This animal does not unless such a restraint would interfere the differences and may be reluctant for service or assistance animals in perform specific work or tasks to with the animal’s work. to refuse service to anyone with places of public accommodation. an animal for fear of violating the assist a person with disabilities. For example, a dog that calms a Businesses cannot charge extra Even service or assistance animals rights of a person with disabilities admission or fees for a service animal. in places of public accommodation. person with an emotional disorder can be removed from a place of public So what are the differences among when that person pets it could be It is up to a business owner or accommodation if the animal’s handler these types of animals, and what an emotional support animal. manager to determine if an animal is cannot control the animal or if it is not rights do people with disabilities and • Service or assistance animals are a service or assistance animal. Ohio housebroken. If a service animal is business owners have? animals trained to perform work businesses operating as places of removed, the business should give the or specific tasks to assist a person public accommodation can legally handler an opportunity to participate with disabilities. For example, ask patrons with an animal the in or enjoy the place of public a dog that guides a visually following two questions. accommodation without the animal. impaired person around obstacles or alerts a person with epilepsy • Is the animal required because of a For more details, or OCRC’s guidance to an impending seizure may be disability? on animals in housing, employment, considered a service or assistance places of public accommodation and • What work or task(s) has the higher education, see OCRC policy T-31 animal. Ohio law does not restrict animal been trained to perform? assistance animals to dogs. Animal Assistants as a Reasonable If the animal’s handler cannot answer Accommodation for Individuals with Under state and federal fair housing these two questions, or if the answer Disabilities at http://www.crc.ohio.gov/ laws, housing providers and is that the animal is not required LegalPolicy/ CommissionersPolicy condominium associations with because of a disability or does not do GuidanceMemos.aspx.

4 SHARE SUCCESS.

By Robert S. Gilmore and Kirsten B. Mooney, Kohrman Jackson & Krantz LLP By Miriam L. Rosen, McDonald Hopkins PLC 10 TIPS FOR COMPANIES IN AN EPIC DECISION ON ENFORCING (AND DEFENDING AGAINST) NON-COMPETES ARBITRATION HAS If your company finds itself on either However, if the harm to the former IMPLICATIONS FOR side of a non-compete dispute, here employer is significant, continued are some tips for both enforcing an litigation may be the best option. agreement as the former employer EMPLOYERS and defending against a non-compete TIPS FOR A NEW EMPLOYER • Property interview candidates. as the new employer. In a much-anticipated decision, the The new employer should U.S Supreme Court ruled on May first determine if a potential TIPS FOR A FORMER 21, 2018, that class action waivers in candidate is subject to a non- EMPLOYER mandatory employment arbitration • Carefully draft the non-compete compete agreement. Always ask agreements are enforceable under agreement. The key word for the candidate about these at the the Federal Arbitration Act (FAA). drafting a non-compete is earliest possible time, whether in “reasonable.” Identify your an initial meeting, telephone call, The Epic Systems Corp. v. Lewis, specific business interests and or formal interview. In addition, No. 16-285, 584 U.S. (2018) tie these to the post-employment upon a candidate’s potential decision resolves a long-simmering restriction. If the two cannot be hire, the new employer should controversy over whether an actions into the NLRA — and for reconciled, the non-compete may assess the likelihood of litigation employer can force an employee to three quarters of a century, neither be presumptively unreasonable. and the potential claims against arbitrate a claim as an individual, did the National Labor Relations In addition, explicitly describe it. These may include tortious as opposed to joining a class or Board.” the restriction by specifying interference, aiding and abetting, collective action. As a result of this WHAT IT MEANS FOR which activities are prohibited, misappropriation of trade secrets decision, employers may require EMPLOYERS providing geographic boundaries and others. employees to agree to mandatory The impact of this decision goes and defining a timeframe for arbitration terms that prohibit • Require an acknowledgment. beyond the interplay of the FAA and enforcement. As a best practice, collective or class action claims. Always confirm that the candidate the FLSA. Employers can rely on always check state-specific law arbitration agreements to preclude to determine any additional is a “good leaver.” A good leaver This dispute pitted the interpretation is a candidate who has behaved of the FAA, which promotes litigation of all types of employment- restrictions, as laws regarding related class claims. This is non-competes vary largely appropriately in separating resolution of claims through from the former employer and arbitration, against the National particularly good news for employers by state. Some consider non- in industries such as health care, competes in violation of public has returned all materials and/ Labor Relations Board’s (NLRB) or property. The new employer expansive interpretation of food services and retail that tend policy, while others provide wide to experience higher levels of class discretion to employers. should require the candidate employees’ rights to engage in to sign an acknowledgment, protected concerted activity under action litigation. • Conduct an exit interview. Do affirming that he or she has taken the National Labor Relations Act On the other hand, employers must this with a departing employee to these steps. (NLRA). In the past, these two still evaluate whether arbitrating confirm all continuing obligations. laws had not been interpreted • Indemnify the new employee. claims on an individual basis is in At this time, the former employer as conflicting with arbitration Due to potential conflicts of their best business interests. While may gather valuable information, of employment claims routinely interest, the new employer arbitration is often viewed as a less provide copies of agreement(s) upheld. However, an aggressive should encourage the candidate costly and more efficient alternative and advise as to the company’s Obama-era National Labor Relations to seek independent legal counsel to litigation, that is not necessarily expectations for post-employment Board took the position that such regarding the enforceability the case. conduct. This is also the perfect arbitration agreements violated the of the non-compete. However, time to document which company NLRA because they precluded the Requirements for discovery, briefing, the candidate may ask that the property the departing employee employees from participating in experts and hearing time, along with new employer indemnify him or possesses and demand its concerted activity. the fees for private arbitrators, may return. The departing employee her against potential litigation. mean that the cost advantage does should sign an acknowledgment If agreed to, any agreement to The Epic case, a consolidation not really exist. In addition, from an form certifying the return of all indemnify the candidate should be of three separate cases, involved efficiency standpoint, arbitrating company property. clear and exclude indemnification individual employees who had multiple individual claims may be for intentionally dishonest or previously signed arbitration a less attractive alternative than • Determine your course of fraudulent conduct. agreements waiving the right to join a responding to a single class claim. action. Upon a violation of a class claim. However, the employees • Promptly respond to cease- non-compete agreement, decide each later sought to participate in Employers should also consider how and-desist letters. Even if if it is best to send a cease-and- a Fair Labor Standards Act (FLSA) employees and the public may react everything goes smoothly, desist letter or proceed directly class action lawsuit. Their employers, to compelled arbitration of sexual you may still receive a cease- to litigation. A cease-and-desist in turn, asserted that the arbitration harassment and discrimination and-desist letter complaining letter reminds the employee of agreements precluded participation claims. Such a requirement is about the circumstances of the any legal obligation and demands in the class action claims. The often viewed as an attempt to employee’s hire and threatening the employee immediately cease employees argued that they could shroud systemic misconduct. In suit. A prompt response to these the unlawful conduct. You may not be forced to give up their rights fact, New York’s recently passed letters is important. Cease-and- send this letter to both the former to engage in “protected concerted sexual harassment training law desist letters often also include employee and the new employer. activity” under the NLRA by waiving includes a prohibition on mandatory preservation notices. Accordingly, the right to join a class claim. arbitration. However, the prohibition • Initiate a lawsuit. Litigation upon receipt of the letter, take Essentially, the employees claimed does not apply “where inconsistent is often preferred if there is all appropriate steps to issue a that their NLRA rights trumped the with federal law.” Other states are significant harm or damage to the document hold notice to pertinent arbitration agreement. considering similar legislation and former employer and/or evidence individuals. there is speculation that Congress is likely to be destroyed. Typically, In its 5-4 decision, the Supreme • Have defense strategies. There could follow suit and limit mandatory the goal in initiating a lawsuit is to Court held that class action are a number of defense tactics arbitration of sexual harassment and obtain immediate injunctive relief. waivers in mandatory employment available to successfully invalidate discrimination claims. However, keep in mind that when arbitration agreements are a non-compete agreement. The filing suit, the former employer enforceable under the FAA. Writing What employers can take away from new employer may argue that the must be prepared to present a for the court’s majority, Justice this epic decision is that arbitration non-compete is too broad in scope compelling case in order to meet Neil Gorsuch stated that the FAA’s agreements prohibiting class claims or duration and/or is unnecessary the court’s difficult standard mandate for enforcing arbitration are now another viable tool available to protect the former employer’s of proof. You may also want to agreements could not be construed to to employers seeking to limit legitimate business interests. consider the court in which you conflict with the NLRA’s protection employment-related liability. Like Generally, courts consider any file and whether to name the new of concerted activity because the any other tool, an employer will need limitation that creates an undue employer as a defendant. NLRA secures rights to organize to evaluate the effectiveness of that hardship as unreasonable. and bargain collectively, but does tool for its own workforce. • Find a resolution. Because not include a right to bring a class or litigation is risky and expensive, For more information, contact Robert collective action. Miriam L. Rosen is chair of the Labor the former employer may wish S. Gilmore at [email protected] or (216) and Employment Law Practice to find an early resolution. This 736-7240 or Kirsten B. Mooney at In a bit of a slapdown to the NLRB for Group of McDonald Hopkins PLC, could save costs, quickly resolve [email protected] or (216) 736-7239. its aggressive position in this matter, a full-service law firm. Reach her at the dispute and alleviate concerns the Supreme Court noted that “[t]his [email protected] or regarding the employee’s conduct. Court has never read a right to class (248) 220-1342.

WWW.OHIOCHAMBER.COM 5 JULY / AUGUST 2018

Provided by Working Partners® OHIO BUSINESSES’ MEDICAL New program shows employers that MARIJUANA DECISION IMPACTED GRADUATES ARE READY BY OUTSIDE FORCES Ohio’s deadline for having its medical broader impact. TO CONTRIBUTE TO THE marijuana system up and running is Sept. 8, 2018. Before this date, Three factors remain relatively WORKPLACE employers need to determine and consistent. declare where their company stands • If employees are regulated under The high school graduating class federal law, marijuana use is in relation to allowing employees to of 2018 is the first class that was use marijuana as medicine.* prohibited. • Private industry employers can able to earn the OhioMeansJobs Ohio employers may choose to prohibit use on premises. — Readiness Seal. This seal was prohibit or accommodate employee • Private employers can prohibit an developed so that employers know • Punctuality — The student use. And although challenging, employee from being impaired on the graduates are prepared to arrives to commitments on time some workplaces will blend their the job. contribute to the workplace and and ready to contribute. approach by need (e.g., DOT their communities. • Discipline — The student abides Even if an Ohio-based company and requirements) or choice. by guidelines, demonstrates self- its employees do not work outside The seal is a formal designation that control and stays on task. of Ohio, the directives being forged Ohio has addressed the employment high school students earn indicating • Teamwork/collaboration — by other states can still impact issue in its bill, and the good news is they have the personal strengths, The student builds collaborative your Ohio business. No matter that Ohio House Bill 523 — legalizing strong work ethic and professional relationships with others and can the use of marijuana as medicine where an Ohio employer stands experience that businesses need. work as part of a team. — provides Ohio employers with on accommodating use of medical Students who have earned the seal • Professionalism — The student flexibility. marijuana, another state’s law can will have it on their diploma and complicate corporate operations. demonstrates honesty. He or she their transcript, so employers should HB 523 states: Employers should get feedback from dresses and acts appropriately • Employers are not required to their legal counsel and program start seeing them from applicants. and responsibly. He or she learns accommodate use, possession or consultants before making decisions. The development of the seal was from mistakes. distribution. a team effort among the Ohio • Learning agility — The student • Employers can refuse to hire, and For example, under California House Department of Education, Ohio desires to continuously learn new can discharge, discipline and take Bill 64, recreational marijuana use is legal. Consider a situation in which Department of Higher Education and information and skills. adverse employment action. • Critical thinking/problem- • Employers can establish a drug-free an Ohio-based employee travels for the Governor’s Office of Workforce work or vacation to California, and Transformation. Through a survey solving — The student exercises workplace program. strong decision-making skills, • Employers cannot be sued for per California’s legalization, uses of Ohio business leaders — some of analyzes issues effectively and adverse action taken based on in that state. Then, upon returning which were Ohio Chamber members medical marijuana use. to Ohio, the employee tests positive — they identified 15 skills that thinks creatively to overcome in a routine drug test. Or, while in students must demonstrate. problems. This law does not interfere with California, what if the employee posts • Leadership — The student federal restrictions on employment. a picture using marijuana? An Ohio To earn the OhioMeansJobs — leverages the strengths of others • No unemployment will be paid employer should address this in policy Readiness Seal, each student must to achieve common goals. He or for an employee violating an if such activities could negatively complete the following steps and she coaches and motivates peers employer’s drug-free workplace. impact the company’s public image demonstrate proficiency in each of and can prioritize and delegate • This law will not interfere with and business opportunities. the 15 identified skills. work. workers’ compensation. In years past, we said the most • Creativity/innovation — The • Drug-Free Safety Program (DFSP) • Using the OhioMeansJobs — important concerns were those in the student is original and inventive. requirements remain valid. Readiness Seal form, record how state-location where the employee He or she communicates new • Rebuttable presumption is still in would be tested. Although this is still he or she demonstrated each ideas to others, drawing on place. a working premise, a recent case in professional skill. A student is only • Medical marijuana will not be knowledge from different fields to Minnesota (Olson v. Push, Inc., No. required to document how he or find solutions. covered by health insurance. she has demonstrated each skill in 14-3160 (8th Cir. Feb. 22, 2016)) • Oral and written one of three possible environments For the employer that does not want complicated that. A court found communications — The student to accommodate use, the available Minnesota’s workplace drug test law — school, work or community. But articulates thoughts and ideas workforce pool may become more can apply to employees in other states the student cannot document all 15 clearly and effectively in written limited. For the employer who does when the employee or the employer skills in the same environment. For and oral forms. has contact with Minnesota. example, with school, at least two want to accommodate use, many drug- • Digital technology — The free workplace program operational environments must be reflected As a result, we need to be cautious student has an in-depth details will have to be determined and about assuming that we understand among the demonstrated skills. understanding of emerging articulated in company policy and the impact of the laws of any involved practice. However, an Ohio employer • Have each skill validated by at technology and leverages state when it comes to drug-free may want to consider issues beyond least one mentor. A mentor is an technology to solve problems, workplace issues. What can appear the state’s borders as it finalizes its experienced adviser the student complete tasks and accomplish to be a simple matter of an employee corporate position. It will be vital that trusts. A minimum of three mentors goals. violating a drug-free workplace policy employers depend upon their legal • Global/intercultural fluency may end up being evaluated under must be involved in the overall counsels and drug-free workplace — The student values, respects a different employee protection validation process and sign the form. consultants. and learns from diverse groups of issue because of things such as the By signing the form, each mentor people. For some Ohio employers, the employee’s working relationship to is recommending the student to • — The decisions they face may not be as another state. a prospective employer or higher Career management simple as determining what they education provider. student is a self-advocate. He Employers need to consider several want for employees in their sole or she articulates strengths, factors as they determine their stance. Ohio facility. Every week, there are The student is encouraged to knowledge and experiences They need to consider what states significant developments around the secure letters of recommendation relevant to success in a job or they work in, what type of work they country regarding state legalization from his or her mentors. The post-secondary education. do, where testing takes place, their of both medical marijuana and student also may engage in career tolerance for risk and much more, recreational marijuana, and some planning and career readiness on For the graduating class of 2018, things that may only be understood by could directly affect how Ohio OhioMeansJobs.com. earning this seal also fulfilled one their counsel or consultants. employers deal with this issue in of their graduation requirements. The 15 essential professional skills their workplaces. Employers will benefit from staying Ohio employers should start apprised of developments at the local identified by Ohio businesses are seeing the seal on the diplomas and Just a few years ago, the mantra in the level, as well as nationally. And there below. Students must demonstrate transcript of the 2018 high school drug-free workplace industry was, are potentially many more twists proficiency in each of these skills graduates. As of press time, the Ohio “Although there have been challenges, and turns before Ohio’s September to earn the seal. These skills were Department of Education did not employers have consistently deadline. developed thanks to the input of our have a total number for how many prevailed in prohibiting employee use members. students received the seal this year. of marijuana.” Back then only a few Working Partners® will be offering Therefore, it will be reported in this states included employee protections medical marijuana technical • — The student Drug free publication and on our social media in their legalization of medical assistance to help employers uncover commits to being drug free. as soon as that number is released. marijuana. and explore options to arrive at a • Reliability — The student has stance that is best for their company’s Currently, 12 states — Ohio is not integrity and responsibility in For more information on the drug-free workplace operations. one — have specific protections professional settings. seal, go to the Ohio Department * NOTE: The content of this article is meant for informational purposes • —The student for employees. There have been only and not for the purpose of providing legal advice. As such, it should Work ethic of Education’s website http:// court decisions in Rhode Island, not be used as a substitute for consultation with a legal professional has effective work habits, or other competent advisor. Please contact a licensed attorney to education.ohio.gov/ and search for Connecticut and Massachusetts obtain advice with respect to any legal issue discussed in this article or personal accountability and a OhioMeansJobs — Readiness Seal. that have thus far ruled in favor of regarding a situation specific to your business. determination to succeed. Working Partners is a nationally recognized expert on drug-free the employee and may have a much workplaces. For more information, visit www.workingpartners.com.

6 STAY CONNECTED.

BECOME A BUSINESS ADVOCATE Join an Ohio Chamber committee

Our eight standing committees are Staff contact: Director, Small Contact: Vice President, the lifeblood of the Ohio Chamber of Business & Workforce Policy, Government Affairs, Keith Lake, Commerce. Each committee focuses Kevin Boehner, kboehner@ [email protected] on a particular area that is important ohiochamber.com to Ohio’s business community. OHIO SMALL BUSINESS These committees study the needs LABOR & EMPLOYMENT COUNCIL To promote and protect the of Ohio’s businesses and recommend Mission: To protect employers’ Mission: establishment, growth and vitality policies to the board of directors. rights to manage their workplace of small business in Ohio. Members The committees also review pending with limited governmental Contact: Vice President, of the Ohio Small Business Council legislation and recommend what involvement and regulation and to Government Affairs, Keith Lake, (OSBC) learn how to be an advocate action, if any, should be taken on a bill. simplify Ohio’s employment law [email protected] statutes in a way that’s fair to both for their business and voice their Attendance is encouraged, but employers and employees. concerns directly to Ohio’s decision TAXATION & PUBLIC optional. Committee members also makers. Participation in OSBC is EXPENDITURES Contact: Director, Labor & receive regular emails that keep limited to individuals representing Mission: To foster a fair and members abreast of topics impacting Legal Affairs, Don Boyd, a for-profit business that employs equitable tax system that stimulates their committee. Committee [email protected] fewer than 400 directly supervised growth, innovation and job creation membership is open to anyone who ENERGY & ENVIRONMENT persons. Small business owners and and minimizes compliance costs and is employed by an Ohio Chamber Mission: To advocate for energy managers are especially encouraged administrative burdens. member company. to join this committee. policies that promote Ohio’s Contact: Director, Tax & economic competitiveness and If you are interested in joining a Contact: Director, Small Business & Economic Policy, Jeff McClain, protect businesses’ access to committee, please contact Sherry Workforce Policy, Kevin Boehner, [email protected] affordable, dependable energy and Heffner at [email protected] [email protected] ensure environmental policies or (614) 228-4201. WORKERS’ COMPENSATION and regulations are not overly PUBLIC AFFAIRS Mission: To ensure Ohio’s EDUCATION & WORKFORCE burdensome and are based on Mission: To monitor and evaluate workers’ compensation system DEVELOPMENT sound science. public affairs issues and activities, runs efficiently and effectively for Mission: To respond to the needs of including elections, campaign both state-funded and self-insured Ohio employers for qualified, well- Contact: Director, Energy & finance, ethics and lobbyist employers, is effective in providing trained employees by promoting Environmental Policy, Zack Frymier, regulations, when of interest to the proper medical treatment for injured policies that meet the demands [email protected] business community; and to examine employees and keeps its cost for of today’s workplace by pursuing HEALTH CARE proposed state constitutional employers competitive with other strategies that link education and Mission: To advocate for an amendments or initiative petition states’ systems. workforce development in a seamless efforts that affect the electoral affordable and sustainable market- Contact: Director, Labor & system and embed skills-based process. based health care system that Legal Affairs, Don Boyd, learning into academic instruction. provides access to quality, affordable [email protected] health care for all Ohioans.

OHIO CHAMBER NEW MEMBERS The following companies have joined the Ohio Chamber of Commerce INSURANCE PROGRAM this year. We welcome them into the Ohio Chamber of Commerce and look forward to serving them well into the future. Did you know that your company can switch its health insurance plans at ACT Inc., Iowa City, Iowa Ohio Physical Therapy Association, any time? Gahanna Baum Lumber Inc., Chester Preble County Council on Aging Inc., Let the Ohio Chamber of Commerce Bio-Serv Corp., Troy Insurance Program give you a free, Eaton no-risk quote to compare your Black Swamp Steel Inc., Holland Predictronics Corp., Blue Ash current rates with our plans. We offer Bowman & Landes Turkeys Inc., New R.T. Hampton Plumbing & Heating Inc., health and dental plans, as well as a Carlisle Massillon provider for health savings accounts Bresco Broadband, Columbus Shaffer Distributing Co., Columbus and a wellness company. Before Christian Life Center, Dayton you do any other shopping for your Sikich, Akron company’s health insurance needs, CHSPSC, LLC, Franklin, Tennessee Singleton Reels Inc., Mantua get a quote from us by contacting CleanTurn Enterprises, Columbus TE-CO Manufacturing, Union Kathy Eshelman at 614-228-4201 or Commerce Carriers Corp., Springfield [email protected]. The Butcher & Grocer, Grandview Crest Bending Inc., New Washington Heights Through the Ohio Chamber, your company can obtain: DaVita Kidney Care, Northwood Thee Executive-Panel LLC, North Canton • Health insurance. The Ohio Chamber Insurance Program offers Dennison Bridge Inc., Dennison multiple health plan options for companies with two or more employees. Dover Fabrication and Burn, Dover The Glen at St. Joseph, Dayton Plans are customizable to fit your company’s specific needs. We partner Elyria Fence Inc., Elyria Thyssenkrupp Industrial Services Na with BE Solutions to provide companies with insurance quotes. Inc., Southfield, Michigan Fresenius Kidney Care, Columbus • Dental insurance. Ohio Chamber member Delta Dental offers Ohio Thyssenkrupp Logistics, Inc., Hinckley Management Group LLC, dba Southfield, Michigan Chamber members an exclusive dental plan, with options for businesses Dunkin’ Donuts, Hinckley with two or more employees. Delta Dental is the biggest name in dental Thyssenkrupp Materials, Homan Plating and Manufacturing benefits and has the largest dental network in Ohio and across the Southfield, Michigan Inc., Dayton country. U.S. Bank, Minneapolis, Minnesota Inclusity, Perrysburg Utility Resource Group LLC, Troy, • Health Savings Accounts. For companies that want to offer Health JPI Inc., Englewood Savings Accounts (HSAs) for high-deductible insurance plans, Liberty Michigan Health Bank is the Ohio Chamber’s preferred provider. Liberty Health Lee’s Grinding, Strongsville WELD Women for Economic and Bank offers robust HSA options that provide an opportunity for your Mettler Toledo, Columbus Leadership Development, Canal employees to put money back in their pockets while helping your Miami Valley Gasket Co., Dayton Winchester company decrease its tax liability. Miller Cable Co., Green Springs Zanesville Welfare Org & Goodwill Ind., Zanesville • Wellness. WellnessIQ helps companies control health care costs N & E Learning LLC, Grove City by implementing a variety of wellness initiatives leading to marked Zins Plumbing LLC, Cincinnati New Horizons Developmental advancement in employee productivity and morale. Providers LLC, Canton Be sure to take advantage of some or all of our health care-related member Norwalk Economic Development benefits. More information is available on our website at http://ohiochamber. Corp., Norwalk com/insurance/.

WWW.OHIOCHAMBER.COM 7 The new The new Chamber Ohio Chamber headquarters is of Commerce directly across headquarters the street from is at 34 S. the Statehouse. Third St.

CHAMBER HOSTS GALA TO CELEBRATE MOVE

The Ohio Chamber of Commerce As we are celebrating 125 years, • 1944 – The Huntington Bank is finalizing our move to our new it seems appropriate to make the Building was used for military headquarters at 34 S. Third St. in move into this historic building. operations for WW II, so the Ohio downtown Columbus, directly across We have scheduled an open house Chamber moved to the Hoster from the Senate entrance to the Ohio for Thursday, Nov. 8, at 4 p.m. for Building at the corner of Fourth Statehouse. The building formerly our members, followed by our and Broad streets (we believe housed and is first Member Gala Dinner at the where the Chase building is now). an iconic presence on Capital Square. Renaissance Hotel two blocks north • 1950 – back to the Huntington of our new headquarters. If you are in It is listed on the Columbus Register Bank Building of Historic Properties. town at the beginning of August, we are more than happy to give you a tour. • 1970s – moved to 35 E. Gay St. For the past five years, as part of our strategic plan, we have been Since our formation in 1893 in • 1996 – moved to 230 E. Town St. looking for a headquarters closer Cleveland, we have had nine • Summer of 2018 – will move to the Statehouse that provides headquarters buildings located into the first and second floors at enough space for our members and throughout downtown Columbus. 34 S. Third St. activities. This location allows us to • 1912 – 338 Chamber of Commerce While our location is new, our mission have a visible presence with Ohio’s (possibly in Cleveland) decision-makers. continues: As the state’s leading • 1920s – 145 E. State St. (now a business advocate and resource, We will occupy the first two floors of surface parking lot at the corner of the Ohio Chamber of Commerce the newly renovated building. The Third and State streets) aggressively champions free first floor will be dedicated to hosting enterprise, economic competitiveness • – Deshler Hotel at the our members and the organizations 1928 and growth for the benefit of all northwest corner of Broad and we work with. There will be three Ohioans. See you at our new digs! meeting rooms of varying size, a large High streets (torn down in 1969 to gathering area that can be used for make way for an office building) events, a library and a video room. The • 1930s – Huntington Bank Building second floor will be home to our staff. at 17 S. High St. (still standing)

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 Stacy Vickroy, Art Director 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.

We’ve got you INTRODUCING THE OHIO covered. DENTAL BENEFITS CHAMBER OF COMMERCE INSURANCE PROGRAM – DENTAL BENEFITS

We are excited to announce our partnership with Delta Dental of Ohio to offer dental benefit plans exclusively for Ohio Chamber members!

Delta Dental of Ohio benefits provide: • Coverage for small businesses with two to 99 employees • Multiple plan designs to fit your company’s needs • The largest dental network with Delta Dental of Ohio #ALLFOROHIO Member-exclusive dental benefits from Delta Dental of Ohio can be purchased as a standalone plan. If you already have a plan with Delta Dental, you can switch to this new one at any time.

For more information, go to www.ohiochamber.com/insurance. POWERED BY

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