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BUSINESS M A G A Z I N E Manufacturer & Business Association

VOLUME XXVII, NUMBER 7

JULY 2014

95 Years of Rebuilding Livesâ&#x20AC;Ś One at a Time / Page 14

REDUCING POVERTY IN ERIE COUNTY

CHANGE WON’T HAPPEN

WITHOUT YOU For 100 years, United Way of Erie County has been helping improve local lives and build a stronger community. With your help, more families are becoming self-sufficient and meeting their basic needs without any form of public or private assistance. To donate or volunteer, call 814-456-2937 or go to UnitedWayErie.org.

Proud sponsor of United Way’s 100th Anniversary.

14

July 2014

EDITORIAL >

FEATURES >

7 / Health Matters

3 / Spotlight

Why the ability to manage and adapt to organizational change is essential in the workplace.

St. Patrick’s Haven Director Sister Mary Fromknecht, SSJ, talks about the importance of the local shelter and its selection as the chosen charity for the 2014 Roar on the Shore® motorcycle rally.

THOMAS KOLOC, LPC, NCC

9 / Legal Brief The challenges charities face with charitable tax-exemptions.

JOHN J. MEHLER

11 / Aging & Wellness What to consider as you help your loved ones make a financial plan for their elder care.

DIANNE CUNNINGHAM

14 / Bethesda Children’s Home/ Lutheran Social Services

3 4

Administrators and business leaders share how this 95-year-old nonprofit organization has been rebuilding lives of children, youth and their families across Pennsylvania through innovative behavioral rehabilitation services.

19 / On the Hill Guest columnist Lowman Henry discusses why reining in the size and scope of the federal government is an issue that should be at the top of most voters’ list of concerns.

< SPECIAL SECTION 26 / 109th Annual Event The MBA’s 109th Annual Event is a wrap — and that’s a fact, Jack! Check out the exclusive photos taken of Willie Robertson and guests at Erie Insurance Arena.

DEPARTMENTS > 4 / Business Buzz 22 / HR Connection

24 / Legal Q&A 28 / People Buzz

2014 Raffle Drawing!

It’s FREE! Register to become a Business Magazine digital subscriber at mbabizmag.com and receive a chance to win a Roar on the Shore® prize package that includes two tickets for the Bringin’ in the Roar Parade, two tickets to the Thursday night Rocket 101 Beer Garden, and an official Roar on the Shore® T-shirt and pin. Drawing will be held July 10.

July 2014 > www.mbabizmag.com > 1

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Business Law s Litigation s Environmental s Intellectual Property s Trusts & Estates s Health Care Labor & Employment s Real Estate s Project Finance Law s Government Services & Public Finance Family Law s Bankruptcy & Creditorsâ&#x20AC;&#x2122; Rights s Tax s Construction s Insurance

100 State Street s Suite 700 s Erie, PA 16507 s MacDonaldIllig.com s 814-870-7600

SPOTLIGHT > Under the direction of the Sisters of St. Joseph of Northwestern Pennsylvania, St. Patrick’s Haven, 147 East 12th Street in Erie, provides shelter for 21 homeless men per night as well as an evening meal on Saturdays and Sundays.

Director Sister Mary Fromknecht, SSJ, recently spoke to the Business Magazine about the shelter and its selection as the chosen charity for the 2014 Roar on the Shore® motorcycle rally.

St. Patrick’s Haven was originally founded as an outreach of St. Patrick Parish in 1984 to provide shelter for the area’s homeless. Eventually, the Haven became a ministry of the Sisters of St. Joseph. Please share how this mission and ministry came about.

A parishioner suggested that St. Patrick Parish open the church at night for the homeless. The parish team was aware of the many men who slept under the bushes on the property, as well as on benches at Perry Square and sidewalk grates near Hamot Health Center. We knew that something needed to be done. Rather than using the church, we started looking for a shelter location. A house on Peach Street between 3rd and 4th that was going to be demolished was offered to us. We knew the parish was not able to financially support this project, so we began with an unknown financial future.

On December 8, 1984, following a press conference that included the local police and fire departments and Bishop Michael Murphy, St. Patrick’s Haven was officially opened. The first manager was homeless himself and eager to work in return for a weekly carton of cigarettes.

News of the ministry spread throughout the community and individuals and organizations provided financial support to keep the Haven open. Word also spread through the homeless community. Since the first man who found refuge at the Haven, the doors have remained open, even throughout the move to East 12th Street, and the Haven has welcomed the ’stranger or friend’ every night of the year.

VOL. X X VII, NO. 7 JULY 2014 Manufacturer & Business Association Board of Governors

Editor in Chief Executive Editor

What was your reaction to having the Haven selected as the Roar® charity?

Other than food and shelter state and national grants, the Haven has continued strictly through private donations. We operate knowing that at some point, expenses could outweigh income.

But we always believed if the Haven is to continue, God will provide. My immediate reaction when the Haven was chosen was gratitude to God — the Haven is to continue.

How will proceeds benefit the shelter?

The proceeds from Roar on the Shore® will provide stability that the Haven has never had as it moves into the future. How that future will unfold is unknown, but we are most grateful for this support, today and in the days ahead.

Roar® is introducing its first Faith and Freedom Bayfront Ride with the Sisters of St. Joseph this year. What do you think of this new ride?

We are pleased that the opening run of the 2014 Roar on the Shore® will originate at St. Patrick’s Haven and will help create awareness about the Haven and the needs of the problem of homelessness in our community. Along with that, I think it will be a lot of fun!

Should we expect to see many of the Sisters of St. Joseph riding/participating at Roar on the Shore® 2014?

I am sure some of our Sisters and our SSJ Associates will participate in Roar on the Shore®. The Haven’s Board members will be there as well. Look for us in our St. Patrick’s Haven/Roar on the Shore® T-shirts during the event. We hope to have some Sisters and SSJ Associates riding as well.

I’ll be riding in a sidecar myself!

Joel Berdine John Cline Harry Eighmy Andrew Foyle Mark Hanaway Donald Hester Bill Hilbert Jr. Timothy Hunter Phil Katen Paul Kenny Jeff Plyler Sue Sutto Mike Weber Ralph Pontillo rpontillo@mbausa.org John Krahe jkrahe@mbausa.org

Managing Editor & Senior Writer

Karen Torres ktorres@mbausa.org

Contributing Writers

Thomas Koloc Dianne Cunningham Jack Mehler

Photography

R. Frank Photography: Meghan Badolato Andy Colwell Rob Frank 4320 Miller Avenue Erie, PA 16510 814/520-3985 rob@rfrankphotography.com

In the mid-1990s, the Haven became a ministry of the Sisters of St. Joseph. Just a few years ago, the SSJ Associates, who also operate St. James Haven in Meadville, assumed operations of St. Patrick’s Haven. The mission of the Haven is to be a ministry of presence and provide a place of welcome, nightly refuge, food, comfort and friendship for homeless men in the area.

Many of the homeless men who use the shelter are also veterans who have fallen on hard times. What more can you tell our readers about these individuals and the need to minister to them?

We don’t require much of someone seeking shelter and ask for only very basic information from the men that stay. But by spending time listening to them, we learn about their situations. Many have served in the military. In 2012, the Haven provided 7,304 nights of shelter to men ages 18 to 79. Sixty percent of them were veterans. They speak of the difficulties of being overseas and then trying to resume a normal life when they return. They share about losing family and friends because of their inability to fit in after military service. Often, they turn to alcohol and/or drugs to ease the pain. Mental illness also can be an issue.

Contact: Karen Torres

Bethesda Children’s Home Advertising Sales

Design, Production & Printing

Patty Welther 814/833-3200 pwelther@mbausa.org Printing Concepts Inc. printcon@erie.net

ON THE COVER: Bethesda Children’s Home, Lutheran Social Services has been rebuilding the lives of children, youth and their families for 95 years. Shown here are: Bethesda CEO Gene Wisinski (center) with clients (front row, from left) Diamond, Xzavier and Cheyenne, and (second row, from left) Amy Bizjak, Beth Mallory, Caprice Hudson and Dave Johnson, and (back row, from left) Maria Elkady, Jerrad Rimel, George Trauner and Amy Helmer. For full story, see page 14.

Mission Statement The Manufacturer & Business Association is dedicated to providing information and services to its members that will assist them in the pursuit of their business and community interests.

– Board of Governors Manufacturer & Business Association 2171 West 38th Street Erie, Pa. 16508 814/833-3200 or 800/815-2660 www.mbausa.org © Copyright 2014 by the Manufacturer & Business Association.

All rights reserved. Reproduction or use of editorial, pictorial or advertisements created for use in the Business Magazine, in any manner, without written permission from the publisher, is prohibited.

Unsolicited manuscripts cannot be returned unless accompanied by a properly addressed envelope bearing sufficient postage. The magazine accepts no responsibility for unsolicited manuscripts or artwork.

The Business Magazine and Manufacturer & Business Association do not specifically endorse any of the products or practices described in the magazine. The Business Magazine is published monthly by the Manufacturer & Business Association, 2171 West 38th Street, Erie, Pa. 16508. Phone: 814/833-3200 or 800/815-2660.

July 2014 > www.mbabizmag.com > 3

Business Buzz HAREZA TECHNICAL SALES WINS 2013 ERIEZ’ MERWIN SALES AWARD Eriez, a world authority in advanced technology for magnetic, vibratory and inspection system applications, announced that Hareza Technical Sales, Inc. of McMurray, Pennsylvania has been awarded the company’s 2013 Merwin Sales Award. Eriez presents the award annually to honor the U.S. field sales office that demonstrates exceptional sales performance, superb customer service and support, and Front row, from left: Charlie Ingram of Eriez and Joe Hareza. represents Eriez in an outstanding Back row, from left: Zach Fatigante, Dave Heubel of Eriez, Nancy Bower, Walt LeMunyon and Dave Meyer. way throughout the year.

Established in 1993, the Merwin Award is named for Eriez’ founding family. As expressed on the plaque given to all winners, the Merwin Award is presented for outstanding contributions to the advancement of the ideals and mission of Eriez Magnetics using the Golden Rule as a guide, exemplified by superior sales performance, providing customers high quality service and support, and striving to conduct affairs in an efficient, capable and friendly manner.

For more information, visit www.eriez.com.

Austin_MBAAds2012v2_Layout 1 6/13/12 8:55 AM Page 1

PEEK’N PEAK RESORT OPENS MOUNTAIN ADVENTURES AERIAL PARK Peek’n Peak in Clymer, New York, recently opened the ski and golf resort’s new $1.2 million Mountain Adventures aerial park.

The park features eight different courses with varying levels of difficulty.

The courses have a total of 69 aerial obstacles, ranging from 13 ziplines and tight ropes to rope bridges, seesaws and cargo nets.

Peek’n Peak plans to open a Mountain Zipline attraction this month that will feature side-by-side ziplines that will run for more than 1,000 feet.

“It’s just another way we continue to make Peek’n Peak a four seasons resort,” says Nick Scott Jr., vice president and chief executive officer of Scott Enterprises. The family owned hospitality company based in Erie, Pennsylvania, also owns several hotels

The Austin Difference

HEALTHCARE • EDUCATION • INSTITUTIONAL • RETAIL & HOSPITALITY • INDUSTRIAL • CONCRETE

Contractors & Construction Managers Since 1906 Erie, Pennsylvania • Jamestown, New York www.eeaustin.com 4 < www.mbabizmag.com < July 2014

Every day E.E. Austin lays its tradition of construction excellence on the line. Our extensive list of satisfied clients is testimony to Austin keeping its longstanding promise: “Do the right thing... all the time”.

It’s a promise we’ve kept with pride for more than a century... and it’s our promise to you. It’s the Austin Difference.

DEPARTMENTS > Contact: Karen Torres

and conference centers, franchised restaurants and an indoor water park.

For more information, visit www.pknpk.com.

PRESBYTERIAN HOMES UNVEILS NEW REHABILITATION NEIGHBORHOOD AT MANCHESTER COMMONS Presbyterian Homes of Lake Erie is nearing the completion of its new short-term rehabilitation neighborhood at Manchester Commons in Erie and recently held an open house on June 11 to showcase the new 14-bed neighborhood, as well as the new chapel, physician offices and therapy gym.

Under the direction of Dr. David Lesseski, Manchester Commonsâ&#x20AC;&#x2122; new rehabilitation neighborhood offers patients who are discharged from area hospitals a full complement of rehab services such as occupational, physical, speech and respiratory therapies. Along

with those therapies, Manchester offers specialized medical care like pain management, wound care and more.

For more information, visit www.presbyhomes.com.

FIRST NATIONAL BANK NAMED WINNER OF GREENWICH EXCELLENCE IN BANKING AWARDS First National Bank, the largest affiliate of F.N.B. Corporation (NYSE: FNB), was recently recognized as a winner of two 2013 Greenwich Excellence in Banking Awards. Less than six percent of the 750 banks evaluated nationwide are recognized by Greenwich Associates, a leading research-based strategy management firm.

First National Bank was recognized for its performance as a regional winner for Overall Client Satisfaction in Middle Market Banking. The bank also was recognized as a regional winner for Overall Satisfaction for Treasury Management.

First National Bank of Pennsylvania has more than 280 full-service locations in Pennsylvania, Ohio, Maryland and West Virginia.

For more information, visit www.fnb-online.com.

ERIE AIRPORT CELEBRATES UNITEDâ&#x20AC;&#x2122;S INAUGURAL ERIE-TO-CHICAGO FLIGHT Airport officials held a ribbon-cutting ceremony on June 5 to commemorate United Air Linesâ&#x20AC;&#x2122; inaugural Flight 3274 from Erie International Airport, Tom Ridge Field (ERI) to Chicagoâ&#x20AC;&#x2122;s Oâ&#x20AC;&#x2122;Hare International Airport (ORD).

United Airlines is replacing round-trip service between Erie International Airport and Cleveland with flights to and from Chicagoâ&#x20AC;&#x2122;s Oâ&#x20AC;&#x2122;Hare International Airport. Officials say the flights will now be direct and are expected to benefit business and leisure travelers.

For more information, visit www.erieairport.org.

&20081,7< 6833257 Knox McLaughlin Gornall & Sennett, P.C. strives to make the community a better place to live by supporting many civic and charitable organizations through personal involvement and financial contributions.

This commitment is firm-wide and ranges from coaching little league to leading nonprofit boards.

The Knox firm applauds community organizations. The legacy of our region will live on for generations to come due to their passion, traditions and service.

Bankruptcy & Creditorsâ&#x20AC;&#x2122; Rights â&#x20AC;˘ Business & Tax â&#x20AC;˘ Elder Law â&#x20AC;˘ Environmental Law Estate Planning & Administration â&#x20AC;˘ Family Law â&#x20AC;˘ Governmental Practice Health Law â&#x20AC;˘ Intellectual Property & Technology â&#x20AC;˘ Labor & Employment

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Litigation â&#x20AC;˘ Public Finance & Bonds â&#x20AC;˘ Real Estate â&#x20AC;˘ Workersâ&#x20AC;&#x2122; Compensation

Erie, PA | Jamestown, NY | North East, PA 814-459-2800 | www.kmgslaw.com July 2014 > www.mbabizmag.com > 5

Second Harvest Food Bank Toys-for-Tots

L United Way ROCK ‘N’ ROL

SafeNet Dome stic Violence Sa fety Network

Golf Outing

March of Dimes

Community Harborcreek

Day

Big Brothers/Big Sisters - Bowl For Kids Sake

Erie Salvation Arm y

Neighborhood Art Ho use “Art & Sole 5k”

“E.B. Bear” Meadville Salvation Army

Main/Interchange Office 2035 Edinboro Road • Erie, PA

Asbury Road Office

We believe. We believe in doing our part and recognize the

2615 Asbury Road • Erie, PA

importance of taking a direct role in our community’s continual devel-

Downtown Office & Private Banking

opment. Through the participation and support of community events

101 West 10th Street • Erie, PA

Harborcreek Office

and charitable activities, local sports teams, educational programs, and

5723 Buffalo Road • Harborcreek, PA

Meadville Office 885 Park Avenue • Meadville, PA

Warren Office

ongoing volunteer work, we are doing our part in helping to make our region a better place to live and work.

301 Pennsylvania Avenue West • Warren, PA

Vernon Office 16039 Conneaut Lake Road, Suite 108 • Meadville, PA

As a local business, ERIEBANK understands that we can only be as strong as the communities in which we serve. We are focused on meeting the needs of the community and helping our economy grow stronger.

www.ERIEBANK.net

Health Matters

EDITORIAL > By Thomas Koloc, LPC, NCC

Ability to Manage, Adapt to Organizational Change is Essential in the Workplace “Change is the only constant.”

It’s an adage that is as true in business as it is in life. Whether change is technological, systemic or organizational, it inevitably arrives in the workplace.

That’s when leaders need to manage it in the most effective way possible.

Managers and supervisors play an integral role in how effectively their staff navigates through workplace change.

Change and Transition: There’s a Difference According to William Bridges, author of Managing Transitions: Making the Most of Change, change is something that is situational and, to an extent, external to the people involved. It is also often sudden and rarely provides employees with time to prepare for it. Changes in leadership or work rules are often that way.

In contrast, transition periods are normally slow. Transition is the internal psychological process through which people gradually accept a new situation and the changes that come with it.

Tips on Managing Transition: • Respect the past. Avoid negativity or ridicule when discussing the old ways. Even if a change is going to make the company better, employees have invested much time and energy and emotions in the old system and that needs to be recognized.

• Provide details. When change is coming, employees need details whenever possible. They

also should have an opportunity to ask questions.

• Communicate. Communication is one of the best ways to ease people’s fears of the unknown.

Make it a habit to share updates when available. When employees hear nothing, they tend to fill the void with rumors, which can be very destructive.

• Be visible. As a leader, the more you are out interacting with your employees, asking how the change process is going for them, the more engaged they will be. Employee assistance programs (EAPs) can help leaders find ways to remain visible while managing your personal responses to change.

The 4 P’s Bridges details four things to remember in order to address employee ambivalence and resistance to change: • Purpose. It’s important to explain why changes are happening. Details about the reason why something is happening can help employees get beyond an initial resistance.

• Picture. Sharing a vision of how things will look and feel can be helpful.

• Plan. Lay out a detailed step-by-step plan. A timeline can help keep people on task.

• Part. Provide employees with a part to play in the new way.

Responsibility can help to foster ownership.

A Supervisor’s Challenge It is important to remember that transition can be as challenging for supervisors and managers as it is for employees. Leaders have their own reactions to contend with, while needing to successfully usher staff through a challenging experience or situation.

Taking care of yourself is not only good for you on a personal level, but it also sets a great example for employees. The best way to lead employees through transition is to acknowledge your own sense of loss, assess reaction, and address the obstacles ahead, all while demonstrating optimism about moving forward.

To learn more about LifeSolutions, visit www.lifesolutionsforyou.com.

Thomas Koloc is a senior account manager for LifeSolutions, an affiliated company of UPMC WorkPartners, which is part of the UPMC Insurance Services Division. The integrated partner companies of the UPMC Insurance Services Division, which offer a full range of insurance programs and products, also include UPMC for You (Medical Assistance), UPMC for Life (Medicare), UPMC for Kids, Askesis Development Group, EBenefits Solutions, and Community Care Behavioral Health.

July 2014 > www.mbabizmag.com > 7

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Legal Brief

EDITORIAL > By John J. Mehler

Charitable Tax Exemptions Face Greater Challenges Earlier this year, one of Erie’s most prominent nonprofit organizations was hit with an unexpected real estate tax bill. The Jefferson Educational Society, a local think tank, was assessed $29,000 in real estate taxes on the property that it owns, operates, and uses for its educational events. The Erie County Board of (Tax) Assessment Appeals (“Tax Board”) unanimously denied the nonprofit’s request for exemption from property taxes. While this decision may seem surprising to some, the Tax Board’s decision is supported by Pennsylvania Supreme Court precedent.

remains tax exempt and yet makes payments in lieu of taxes in recognition of the municipal services received. While PILOTs create mutually beneficial results, they also have created some confusion as to the tax-exempt status of charities.

Five-Part Test Whether a nonprofit is exempt from real estate taxes turns on whether the organization is a “purely public charity.”

The Pennsylvania Supreme Court established a five-part test that is used to determine whether an organization is a purely public charity. To be exempt, the charity must:

Act 55 In an attempt to resolve all of this confusion, the Pennsylvania legislature passed Act 55, also known as the Institutions of Purely Public Charity Act. Act 55 simplified the HUP Test by providing specific guidance on what each of the HUP Test’s five parts meant.

Despite its intended goal, a series of court cases chipped away at Act 55’s ultimate effectiveness.

1. Advance a charitable purpose.

2. Donate or render gratuitously a substantial portion of its services.

3. Benefit a substantial and indefinite class of persons who are legitimate subjects of charity.

4. Relieve the government of some of its burden.

5. Operate entirely free from private profit motive.

The “HUP Test,” formulated in the Hospital Utilization Project v.

Commonwealth case and recent court decisions following it, encourage taxing authorities to challenge charitable tax exemptions. For example, the challenger may claim that the charity fails to relieve the government of some of its burden, because the services provided are not “essential,” or that the charity doesn’t benefit legitimate subjects of charity.

PILOT (“payment in lieu of taxes”) programs also have become common.

Typically, under a PILOT, the charity

Further adding to the confusion was the way that courts applied the HUP Test. Different courts came to different outcomes. Nonprofits couldn’t turn to one definitive case to determine whether they could be considered a purely public charity and, thus, remain exempt from property taxes. Lack of clarity increased legal costs for all parties.

In a “split decision,” the Pennsylvania Supreme Court returned control of the HUP test to the courts. In Mesivtah Eitz Chaim of Bobov, Inc. v. Pike County Board of Assessment Appeals, a Jewish summer camp in Pike County fought the revocation of its tax-exempt status. The Supreme Court held that the Pennsylvania General Assembly “cannot displace our interpretation of the Constitution,” and ruled that the courts, not the legislature and Act 55, determine what constitutes a “purely public charity,” which is exempt from tax. The Supreme Court also upheld the revocation, explaining that, under its interpretation, religious organizations do not presumptively relieve the government of some of its burden. The Court rejected Act 55’s “safe harbor” on this issue.

of its burden, and therefore is not a purely public charity exempt from real estate taxes. The Jefferson Society has appealed the Board’s determination to the Court of Common Pleas.

Whatever the outcome of the Jefferson Society’s appeal, charitable organizations face challenges to their tax-exempt status. To prevail, the charity must prove that it meets all five requirements of the HUP Test, including that it relieves the government of some of its burden and benefits legitimate subjects of charity.

As municipalities struggle with declining revenues and search for new, creative or more aggressive ways to generate new income, this trend is likely to continue.

Local governments have begun reviewing the status of nonprofits to test whether they meet this definition of purely public charity. For example, presently tax challenges are pending throughout Pennsylvania, including hospitals, college dormitories, and other traditionally taxexempt charities.

Consult a qualified real estate tax attorney if you have questions regarding charitable tax exemptions.

Jack Mehler is a partner with the law firm of MacDonald, Illig, Jones & Britton LLP where he has been engaged in the general practice of law since 1986.

You can reach him by phone at 814/8707757 or via email at jmehler@mijb.com.

Local Impact That brings us back to the Jefferson Society’s battle over its real estate taxes.

The Tax Board ruled that the Jefferson Society does not relieve the government July 2014 > www.mbabizmag.com > 9

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EDITORIAL > By Dianne Cunningham

Aging & Wellness

Financing Elder Care: What to Consider As you help your loved one navigate through all the decisions associated with getting older, one thought likely keeps coming up: how to pay for care. Professional elder care is expensive, it’s true, and it becomes more so at an accelerating rate as a senior’s physical or mental health deteriorates.

have been much thriftier than most.

They plan to fund their own elder care and leave their financial estate intact to you and your siblings. That’s an admirable objective, of course, but not easily achieved. In order to do so, they might need a portfolio of stocks, bonds, and other investments with a value of more than $1 million.

The reason is clear: Caring for elders who have lost the ability to carry out their daily functions requires an enormous amount of time and labor.

The big cost in care is not high-tech medical equipment, doctors’ visits, or even hospital stays. Medicare covers most of those short-term expenses.

The big cost is the ongoing everyday work trained professional caregivers perform in helping seniors through routines they used to manage effortlessly alone, and providing the seniors with the companionship and encouragement to go on with their lives.

Long-Term Care Insurance This has become an increasingly popular way of funding elder care.

Policies can be written in an almost endless variety of ways to provide a range of benefits from deluxe to frugal, covering all caregiver expenses for an unlimited amount of time or only partial expenses for a limited period.

According to Stages of Senior Care: Your Step-by-Step Guide to Making the Best Decisions, by Home Instead Senior Care founders Lori and Paul Hogan, here are some things to consider as you help your parents make a financial plan for their care: What Families Can Pay As long as the senior remains relatively self-sufficient and there are family caregivers nearby to help, the cost of professional caregivers to supplement that care is probably manageable for most middle-class families on their usual incomes. But when the number of weekly hours climbs substantially, ordinary family budgets are overwhelmed.

Financing Alternatives As forbidding as the financial challenges seem, millions of seniors do get excellent care in their final months and years, and your loved ones almost certainly will be among them. Generally, elder care is financed through a mix of the resources that follow.

Savings Let’s assume that your parents have prospered in their working years and

• A newer alternative for seniors is a Medicare Advantage plan, but these plans do not provide any custodial long-term care coverage beyond Medicare’s skilled, rehabilitative services already noted.

Medicaid This is a program often confused with Medicare because they are both health-care programs. But Medicaid is a “means tested” welfare program designed to help the poor of all ages, including the elderly.

• For those over 65, it will help pay for their nursing home costs once they have exhausted all, or almost all, of their own means.

Reverse Mortgage Assume that your parents have paid off the mortgage on their house and that it has a market value of $500,000. They might enter into an agreement by which the bank would, in effect, pay them an income-tax-free mortgage, say $2,000 a month. Your parents would be allowed to remain in the home as long as they lived or chose to stay. They would have to continue to pay real estate taxes on their home and also the upkeep, including major repairs.

When Medicaid Helps Typically, Medicaid eligibility comes into play after the family “spends down” a senior’s assets until he or she has only about $2,000 left.

Medicare Medicare covers a large share of their medical expenses but does not pay for nonmedical care, including the longterm care and assistance with daily living activities. However, there are a few important exceptions to the rule:

For information about financing home care, contact your Home Instead Senior Care office at 814/464-9200.

• Medicare will pay up to a maximum of 100 days of stay in a nursing home, fully for the first 20 days and partially for the next 80 days.

• The payments continue only as long as the senior is in a skilled rehabilitative program. Once the rehab is no longer effective in improving the senior’s condition or abilities, Medicare stops paying, even if this happens in less than 100 days.

• Federal and state Medicaid laws have changed in recent years to severely restrict and penalize any efforts by seniors or their families to “artificially impoverish” a senior by giving away or spending down the senior’s assets in order to qualify for Medicaid.

Dianne Cunningham and her husband Bob are owners and operators of Home Instead Senior Care, a licensed agency that helps seniors to “age in place” by providing ADL and IADL personal care services throughout Erie County. They are members of the Independent Council on Aging and the Alzheimer’s Association of Northwestern Pennsylvania Advisory Board, among other organizations.

July 2014 > www.mbabizmag.com > 11

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95 Years of Rebuilding Lives… One at a Time It’s a bright and beautiful day in Crawford County as a group of children run and climb on a playground in the afternoon sun. Off in the distance, a group of teens gather around a wheelbarrow and potting soil, getting their hands dirty, as they busily plant and water flowers outside of their school.

At first glance, you may think this is any schoolyard anywhere in America, but here on this sprawling 370-acre campus of rural farmland outside Meadville, children from across Pennsylvania have found a much-needed safe haven from the troubles of the world.

For 95 years, Bethesda Children’s Home/Lutheran Social Services (LSS) — an outreach of the Evangelical Lutheran Church in America — has been giving children hope for the future by providing them with the resources to navigate the mental and behavioral issues they face in their young lives. Through proven counseling techniques and programs, coupled with an educational system that helps them become productive adults, Bethesda is rebuilding lives… one at a time.

“Every kid is worth it,” explains Bethesda Chief Executive Officer Gene Wisinski of the nearly 445 Pennsylvania youth that the center serves in Crawford and Erie counties daily. “They’re worth the interventions.

They’re worth the time. And we are thankful for all that people have shared with us to enable us to get to 95 years. We don’t do this alone.

We do have an opportunity to rebuild lives — lives that present some of life’s most phenomenal challenges.”

Giving Back Since 1919

Bethesda Children’s Home has a rich history of giving back to the community since 1919 when it opened as the Orphans’ Home of the Pittsburgh Synod of the Evangelical Lutheran Church. At that time, administrators say, Bethesda’s role was primarily one of custodial care with the intent “to provide a home for orphaned, destitute, friendless, defective or delinquent children.”

Girls were taught such things as housework and sewing, while boys worked on the farm, gardens and barn. Children from the local area also attended the school located on the grounds. For years, Bethesda’s operation flourished until financial problems forced the Children’s 14 < www.mbabizmag.com < July 2014

Bethesda Children’s Home has the important task of providing behavioral rehabilitation services to youth from across Pennsylvania. The Children’s Home executive team includes (front row, from left) Amy Bizjak, Beth Mallory, CEO Gene Wisinski, Caprice Hudson and Dave Johnson, and (back row, from left) Maria Elkady, Jerrad Rimel, George Trauner and Amy Helmer.

Home to close briefly in 1977. When it finally opened two years later, Bethesda shifted its focus to a diagnostic and residential treatment program, followed by shelter and specialized foster care services. By the 1990s, the newly revamped Bethesda added a day treatment program and partial hospitalization program to provide psychiatric and psychological testing and counseling.

Eventually, administrators say, Bethesda opened a satellite office in Erie’s Little Italy in 1996, merging its services with the well-known local ministry, the Trinity Center, to form the Bethesda Community Place on West 18th Street. The community center — one of the oldest in Erie — is designed to build a drug-free community by providing youth with healthy opportunities such as drug and alcohol prevention programs, after-school programs, tutoring, community service, basketball and career readiness.

Complementing these services is the new Bethesda Leadership Center, which recently opened in response to an urgent need to have a safe place where teens and young adults can grow and learn.

The Leadership Center, located just one block west of the Trinity Center, offers youth, between the age of 14 and 21, a continuum of care at a critical time in their lives — and access to recreational, educational and therapeutic services, such as its recording studio, dance classes, leadership and mentoring programs, and an Independent Living Program.

“Bethesda is always changing to meet the needs of the community,” explains Operations Director George Trauner, who has worked at the Children’s Home for 20 years. “That’s what we do both here in Meadville and in Erie as well. If there’s a program that seems to fulfill a current need, we’ll change that or we’ll incorporate new programs.”

A Leader in Innovative Treatment

Committed to providing children and youth with the best possible treatment options available, Bethesda is both accredited by the Joint Commission and recognized as one of the most prominent agencies in instituting innovative programming for emotionally and psychologically disturbed children and their families.

Bethesda Children’s Home has been operating in the local community since 1919.

Board member Jack Martin, owner of Dusckas-Martin Funeral Home in Millcreek Township, has been actively involved in the community based services that Bethesda provides, including the Trinity Center and Leadership Center in Erie.

Residents are involved in a variety of activities specifically designed to help facilitate team building, self-confidence, conflict management and resolution. Reputable examples include both the National Youth Project Using Mini-Bikes (NYPUM) and Adolescent Health Rhythms therapeutic drumming programs.

NYPUM, which uses dirt bikes alongside a “behavioral contract” to influence youth in a positive way, has been extremely successful since its inception in 1996. The Honda-sponsored program, for kids ages 12 to 18, gives them the chance to learn to ride a dirt bike and then trail ride, tying the recreational aspect with treatment.

Participants are required to take 21 written lessons before they can trail ride throughout Bethesda’s expansive grounds. The incentive to ride is then tied into service projects in the community, such as Clean Up Downtown and the United Way’s Make A Difference Day. For those who give back, riding is the ultimate reward.

“We just took the kids last summer to a rodeo south of New York City in which they got to compete in a series of riding events, show off their talents, and interact with other kids their age,” explains Jerrad Rimel, director of Bethesda’s Residential Programs, of the positive influence of the program. “We were even lucky enough to have a couple of the kids place and medal.”

Another successful model of Bethesda’s innovative therapy is the use of its evidenced-based therapeutic drumming program, developed in conjunction with drum company Remo, Inc. based in California.

According to a research study held in conjunction with Bethesda and the San Diego Center for Children, the therapy reduces combativeness and anger in adolescents by allowing children to drum out their feelings in a confidential, safe and fun environment while teaching them how to cope with their emotions in a productive way.

“Someone will ask: ’What does the happiest moment in your life look like?’ And they’ll do something that sounds like skipping,” explains Wisinski. “Then you’ll say, ’Would you mind if the whole group joined in?’ And so they’ll all try to do it together.

“Then you get to the moment of truth,” he continues, “and you say, ’Can somebody remember the most painful moment or event in their life, and would you be willing to just drum it out? Tell us what it sounded like.’ The kids will drum. Then you’ll say, ’Do you mind if we all pound out that sound? And you’ll talk it out.”

Today, among Bethesda’s newest programs are its 10-week Street Smart sex education program and Mother-Baby program, introduced

in January 2013. The goal of Mother-Baby, administrators say, is for pregnant teens to become behaviorally stable healthy mothers, to teach them parenting skills; and help them get an education so they can become self-sufficient and support themselves and their children.

“A lot of the agencies don’t have the opportunities that we offer to the kids in our care,” adds Dave Johnson, Bethesda’s director of Development for the past 12 years. “And, with youth, you have to have a variety of different tools to have an impact on them.”

Community Impact

There is no question that Bethesda has a profound impact on the youth it serves, but also on the communities in which it operates.

With a staff of 175 full- and part-time employees in both Erie and Crawford counties, the nonprofit organization is one of the region’s larger employers and economic drivers.

About: Bethesda Children’s Home, Lutheran Social Services is a Christian ministry that provides behavioral health services to children, youth, and their families by providing an effective and efficient continuum of care in a quality focused environment.

Founded: 1919 Employees: 175 Clients: 445 Locations: Bethesda Children’s Home 15487 State Highway 86 Meadville, PA 16335 814/724-7510 Bethesda Leadership Center 349 West 18th Street Erie, PA 16502 814/454-1285 Bethesda Trinity Center 462 West 18th Street Erie, PA 16502 814/453-2468 Website: www.bethesda-home.org July 2014 > www.mbabizmag.com > 15

kids that’s a fantasy,” explains Trauner. “Many of them say, ’I’m never going to be worth anything. I’ve lost my relevance, my value.’ We give that back and get them ready to go and be confident.”

Administrators say they often hear from former Bethesda clients who have changed their lives. Some are in school; others are working in various businesses and industries. One young lady, for example, just made the dean’s list at a local university. “You would never know that she came to us so angry,” explains Admissions Coordinator Maria Elkady, “but there are a million stories just like hers.”

Capital Campaign

Giving these children and youth the opportunity to create a better future for themselves often means looking to its donors and backers in the community for a lending hand. In fact, support for Bethesda comes from a wide variety of sources, including government funding, but also increasingly from private donations.

Jim Kirk, a Bethesda Board member, says he is inspired by the dedication of Bethesda’s CEO and staff to positively impact children and youth at the Children’s Home.

To raise funds, Bethesda holds its popular Mud Run and Golf Classic and recently launched its long-term Rebuilding Lives … One at a Time Capital Campaign in 2012. Administrators say the campaign, which has met 75 percent of its goal, will give Bethesda an opportunity to make much-needed improvements at its school in Meadville and community based facilities in Erie.

“Economically and financially our budget in the last 29 years has fluctuated somewhere between $7 million and as high as $14 million in our most significant days,” notes Wisinski. “If you multiply that, you get a pretty big number in terms of the economic impact on this small community in a very challenging ministry.”

“We hadn’t done a campaign since the early 1990s,” notes Wisinski, “and it was time for us to take a look at our facilities. They’re getting older and these buildings get a lot of use. Our school is the focus of our campaign down here and some other projects that we were working on with regard to the residential units.”

A natural leader and former Marine with 29 years at Bethesda, Wisinski is quick to credit the Children’s Home dedicated staff and Board members for the organization’s success and longevity. Many of those professionals have worked and supported Bethesda and its mission for 20 years or more.

At its core, the campaign is designed to help give kids the hope and confidence that they are relevant in the world. Rebuilding its facilities is a critical component.

“From our board of directors, donors and supporters, myself as the CEO, to our staff,” he continues, “our mission is the most important thing here. It’s about children and families who need help.”

When Board Members Jack Martin and Jim Kirk talk about the value of Bethesda Children’s Home to the children it serves, they speak passionately about Bethesda’s commitment to giving youth a chance to rebuild their lives.

Martin, the owner and supervisor at Dusckas-Martin Funeral Home on Sterrettania Road in Millcreek Township, has supported Bethesda and its mission for the past two and a half years. He has raised funds for improvements at the Trinity Center and has seen firsthand how Bethesda is helping at-risk youth prepare for more productive futures.

“Kids also need to feel safe,” says Wisinski, “and when I talk about feeling safe, when they walk in here and see the little stuff, like the flowers, the gardens, the lawns mowed, their residential facilities clean, the carpeting new, pictures on the walls, motivation, every piece counts.”

Because when it comes to the business of behavioral health, Bethesda Children’s Home has one of the most challenging, yet rewarding, tasks of rebuilding lives… one at a time.

For more information about Bethesda Children’s Home/Lutheran Social Services, visit www.bethesda-home.org.

A former schoolteacher and counselor himself, Martin says it is imperative that there are organizations like Bethesda that are keeping kids off the street and out of trouble.

“I know there are times when I have free time, I will go down and spend time with the kids,” he says. “A lot of these children just need to see that people love and care for them.”

Jim Kirk, senior vice president and commercial banking regional manager for First National Bank, who has served on Bethesda’s Board for more than two years, is proud of the strides that Bethesda has made to give youth the chance to change their lives for the better.

“Everything from boxing to the music and recording center to dirt bikes, it is helping these children see that they have potential,” says Kirk.

“And it’s all helping them be productive citizens in the community.”

In fact, Bethesda is an active supporter of career placement and readiness resources such as O*NET and the local Partners in Education program. These tools, plus Bethesda’s curriculum and after-school program, are all designed to help these youth see that there are opportunities for the future.

“To give them some hope to be work-force ready and employable at some point, which is something we all would like to do, for some 16 < www.mbabizmag.com < July 2014

Bethesda has two satellite locations – the Trinity Center and new Center for Musical Expression and Leadership – in Erie’s Little Italy neighborhood on West 18th Street.

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OntheHill

DEPARTMENTS > Contact: Lori Joint

A Common Thread Lowman S. Henry is chairman and chief executive officer of the Lincoln Institute of Public Opinion Research, Inc., a nonprofit educational foundation based in Harrisburg, Pennsylvania. He serves as host of the Lincoln Radio Journal, a weekly public affairs radio program syndicated on 79 Pennsylvania radio stations; and is host of American Radio Journal heard on 134 radio stations nationwide. Contact him at lhenry@lincolninstitute.org.

With 24-hour cable news and an ever-present stream of information over the Internet, it is sometimes difficult to discern trends or common threads due to the overwhelming amount of information that bombards us. But sometimes seemingly unrelated events or actions actually come together, much like a jigsaw puzzle, to form a bigger picture.

So what then do the “cattle battle” in Nevada, IRS persecution of conservative groups, NSA collection of so-called “meta-data,” and the implementation of the Affordable Care Act all have in common? They are all examples of growing, pervasive, out-of-control government over-reach. And there is sub-text: in each case the over-reach has been perpetrated by nonelected bureaucrats all operating under the purview of the executive branch.

The case of Nevada rancher Cliven Bundy threatens to become the most explosive of these issues. The root of the problem extends back generations as the federal government has taken control of over 84 percent of the land mass of the state of Nevada. Similar land grabs have occurred in most other nonPacific western states. As bureaucracies tend to do, the Bureau of Land Management has steadily expanded its control and placed more and more rules and regulations on federal lands.

Internal Revenue Service’s jihad against conservative groups was more widespread than initially reported. Judicial Watch President Tom Fitton told the media, “These new emails show that the day before she broke the news of the IRS scandal, Lois Lerner (then head of the IRS) was talking to a top Obama Justice Department official about whether the DOJ could prosecute the very same organizations the IRS had already improperly targeted.” In other words, Lerner was set to move from persecution to prosecution.

Less explosive, but more wide-ranging is the continued implementation of the flawed and deeply unpopular Affordable Care Act, better known as ObamaCare. While the president touted contested numbers purporting to have reached enrollment goals, his Secretary of Health was being dispatched back to the private sector transparently for the disastrous rollout of the program.

Perhaps no example of government over-reach has been more glaring than ObamaCare. From the passage of the act along strictly partisan lines, to the Obama administration’s continual rewriting of the rules, granting of exemptions, and extending of deadlines, the program has been mismanaged by bureaucrats who apparently weren’t able to understand what was in the law even after congress passed the law.

Bundy claims the land grab is unconstitutional and that the territory belongs to the state. His refusal to pay grazing fees to the federal government stem from this state’s rights issue.

He claims he will pay the back fees to the state of Nevada.

The Bureau of Land Management nearly triggered armed confrontation by attempting to forcibly take Mr. Bundy’s cattle.

This resulted in armed militia types rushing to defend Mr. Bundy.

Wisely, the feds stood down.

Finally, the issue of the National Security Administration (NSA) snooping into the private lives of Americans continues to gain traction as whistle-blower Edward Snowden joined Russian President Vladimir Putin on a talk show to discuss how oppressive U.S. intelligence agencies have become. You know it’s bad when a former KGB agent claims the moral high ground. Again, as with the other agencies, the NSA operates with little effective oversight from elected officials.

This occurred against a backdrop of cooler heads, many state officials, meeting in nearby Utah to discuss ways to address the issue of federal land control. Clearly this is a problem that extends well beyond Mr. Bundy. While officials attempt to deal with the issue, a militia 50,000 strong in Oklahoma is vowing to take up arms, if necessary, to assist Mr. Bundy. Rational voices from media mogul Glenn Beck to Oklahoma Senator Jim Inhofe have spoken up against violent action. But it is clear that the age-old issue of property rights remains a raw nerve for many Midwestern Americans.

Out-of-control federal bureaucracies are nothing new, and in fact have vexed both Congress and presidents since the founding of the Republic. But the pendulum has now swung way too far. The president, who views himself as more of a dictator than a chief executive, fosters this swing to bureaucratic control. Democrats in Congress follow their leader like sheep, and congressional Republican leaders are inept and ineffective.

While the Bureau of Land Management oppresses ranchers, the watchdog group Judicial Watch obtained e-mails showing the

As America enters a crucial two-year period where control of both the Congress and the White House are up for grabs, reining in the size and scope of the federal government is an issue that should be at the top of most voters’ list of concerns.

July 2014 > www.mbabizmag.com > 19

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HR Connection NOT JUST LIP SERVICE: EMPLOYEES WANT WORKPLACE VOLUNTEERING

A recent study by America’s Charities revealed that 68 percent of employers report that their employees expect them to support volunteerism, and 50 percent of employers are moving to year-round engagement with their workplace giving programs.

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ment Practices Survey, conducted by consulting firm Nonprofit HR.

• The ability to use work time to volunteer

Of the more than 400 groups surveyed, 46 percent reported increased hiring in 2013, the highest total in the last five years. Only 17 percent said they decreased hiring, the third consecutive year that that number has dropped. And, for the first time since the end of the Great Recession, more groups said they plan to hire new staff to support new projects (45 percent) than use current staff (43 percent).

• Opportunities to engage in skillsbased volunteer activities • Matching gifts for employee contributions to nonprofits Aside from the usual benefits of increased employee engagement, recruitment and retention, new research also shows that employee engagement in corporate social responsibility activities can significantly improve job performance, in part by highlighting common values with both customers and the company.

In addition, 80 percent of surveyed companies offer employees the ability to contribute to nonprofits via automatic payroll deductions, 70 percent offer matching gifts as a component of their volunteering and giving program, and 60 percent are incorporating contests and events as a way to add fun to workplace giving programs and keep them vibrant.

SURVEY: NONPROFITS SEE HIRING REBOUND

According to the report, Snapshot 2014: A Rising Tide of Expectations–Corporate Giving, Employee Engagement and Social Impact, employees expect their employers to provide:

Nonprofits are letting fewer people go and plan to create more positions in 2014, but they continue to struggle to adopt new and innovative human resources practices, according to the 2014 Nonprofit Employ-

Despite the positive hiring data, findings from the recruitment and retention portion of the survey also raise cause for concern. Only 15 percent said they have a formal recruitment strategy, and only 17 percent said they have a formal strategy for retention. To fix that, experts say, the sector needs to raise awareness in the funding community that investing in talent management is just as essential to mission accomplishment as directly funding a specific program.

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22 < www.mbabizmag.com < July 2014

DEPARTMENTS > Contact: Stacey Bruce

Sharpen Your People Skills in Three Simple Steps A senior executive is fired after a runin with the Board of Directors. An ineffective team leader is given a new team to manage â&#x20AC;&#x201D; and the team mutinies. An employee is reprimanded after losing her temper with a customer. Three different individuals, three unique situations, one common problem: Getting along with others.

Although technical skills certainly are important, study after study shows the quickest path to leadership success is superior people skills. In fact, one recent study shows that 80 percent of people fail on the job due to poor interpersonal skills, not lack of technical skills.

Sharpening your people skills is simple â&#x20AC;&#x201D; itâ&#x20AC;&#x2122;s just not easy. Follow the steps below to become more proficient: Be Visible. Circulate on a regular

basis and engage people in conversation. This shows them that they are a priority and that you care about them.

Listen. Your success as a leader is directly tied to the willingness of your staff to consistently go above and beyond when needed. Actively listen to everyone. When you donâ&#x20AC;&#x2122;t listen, you donâ&#x20AC;&#x2122;t care. They simply wonâ&#x20AC;&#x2122;t go beyond their job description if they think you donâ&#x20AC;&#x2122;t care.

Appreciate. Be aware of who your top performers are and make sure you recognize their efforts. It is true that recognized performance repeats itself so it is in your best interest to praise exceptional work.

You were promoted to a leadership role because of a demonstrated technical skill. Any future success now depends on your ability to inspire

people to greatness. That starts with simply getting along.

Need more help sharpening your people skills? For information about the Associationâ&#x20AC;&#x2122;s regionally recognized professional development courses, please contact me at 814/8333200, 800/815-2660 or email dmonaghan@mbausa.org.

Dan Monaghan is the director of Training at the Manufacturer & Business Association.

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July 2014 > www.mbabizmag.com > 23

Legal Q&A IF OUR EMPLOYEES AGREE TO IT, CAN WE TREAT THEM AS â&#x20AC;&#x153;EXEMPTâ&#x20AC;? EVEN IF THEY DONâ&#x20AC;&#x2122;T MEET ALL OF THE REQUIREMENTS UNDER THE FAIR LABOR STANDARDS ACT (FLSA)?

No. Some employees would rather be classified as â&#x20AC;&#x153;salariedâ&#x20AC;? or â&#x20AC;&#x153;exemptâ&#x20AC;? because this suggests a higher status than an â&#x20AC;&#x153;hourlyâ&#x20AC;? position. However, an employeeâ&#x20AC;&#x2122;s choice of being â&#x20AC;&#x153;exemptâ&#x20AC;? or â&#x20AC;&#x153;nonexemptâ&#x20AC;? generally has nothing to do with whether the employee can rightfully be classified as â&#x20AC;&#x153;exemptâ&#x20AC;? from overtime requirements under state and federal law. With very few exceptions, the rights provided by the FLSA cannot be waived or modified by an agreement with the employee.

WE HAVE AN EMPLOYEE WORKING ON A SPECIAL PROJECT THAT WILL REQUIRE THE EMPLOYEE TO WORK EXTRA HOURS. WE WANT TO GIVE A LITTLE EXTRA PAY TO THE EMPLOYEE; HOWEVER, SHE IS EXEMPT. MAY WE PROVIDE EXTRA COMPENSATION TO HER WORK ON THIS PROJECT WITHOUT RUINING HER EXEMPT CLASSIFICATION? Yes. While exempt employees are not required to receive extra compensation for extra work, the FLSA allows employers to provide extra pay and still maintain their employeesâ&#x20AC;&#x2122; exempt status.

Specifically, the FLSA regulations provide that an employer may provide an exempt employee with additional compensation so long as the employment arrangement also includes a guarantee of at least the minimum weekly required amount or $455 paid on a salary basis.

The regulations provide some examples of acceptable additional compensation that will not affect the salary basis requirement. One of the payment formats with the least risk of destroying the employeesâ&#x20AC;&#x2122; exempt status would be that of a flat sum bonus.

DOES OUR COMPANY HAVE TO PROVIDE EXTRA PAY FOR WEEKEND OR NIGHT WORK? Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employeeâ&#x20AC;&#x2122;s representative). The FLSA does not require extra pay for weekend or night work. However, the FLSA does require that covered, nonexempt workers be paid not less than time and one-half the employeeâ&#x20AC;&#x2122;s regular rate for time worked over 40 hours in a workweek.

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DEPARTMENTS > Contact: Tammy Lamary-Toman

Labor Department Ordered to Revise â&#x20AC;&#x2122;White-Collarâ&#x20AC;&#x2122; FLSA Overtime Exemptions On Thursday, March 13, President Obama signed an executive memorandum directing the U.S. Secretary of Labor to â&#x20AC;&#x153;modernize and streamlineâ&#x20AC;? the Department of Laborâ&#x20AC;&#x2122;s (DOL) â&#x20AC;&#x153;white collarâ&#x20AC;? overtime exemption regulations.

Currently, under the Fair Labor Standards Act (FLSA), employers must pay employees at least the federal minimum wage (currently $7.25/hour) and overtime at a rate of at least one-and-a-half times the employeeâ&#x20AC;&#x2122;s regular rate for any hours worked over 40 in a week, unless exempt from the overtime requirement. The FLSA lists a number of exemptions from the overtime requirement, but the most common are the executive, administrative or professional exemptions, commonly referred to as the â&#x20AC;&#x153;white collarâ&#x20AC;? exemptions. According to the presidentâ&#x20AC;&#x2122;s memorandum, however, these â&#x20AC;&#x153;white collarâ&#x20AC;? exemptions â&#x20AC;&#x153;have not kept up with our modern economy.â&#x20AC;?

In general, employees qualify for these overtime exemptions if two tests are passed: 1) Salary Test: The employee is paid a fixed minimum salary for each workweek regardless of the number of hours he or she works or the quality or quantity of work he or she performs (not less than $455 per week).

2) Job Duties Test: The employee performs specific executive, administrative or professional job duties outlined by the regulations.

The presidentâ&#x20AC;&#x2122;s memorandum indicates that he wants the DOL to adjust both the salary and the job duties tests to narrow the scope of the exemptions. In doing so, more workers will become eligible for overtime pay. Although it is hard to predict what the final changes to the current regulations will be, the focus seems to be on raising the minimum salary level and revising the duties requirement for the executive exemption.

Any regulations promulgated by the DOL will have to be published for review and comment before they are implemented; therefore, any change would likely not be effective until 2015. The Manufacturer & Business Association will keep a close watch for announcements on the proposed rule changes and provide further guidance as appropriate.

For more information about the Fair Labor Standards Act, contact the Associationâ&#x20AC;&#x2122;s Legal Services Division at 814/833-3200 or 800/815-2660.

Tammy Lamary-Toman is Labor & Employment Counsel for the Manufacturer & Business Associationâ&#x20AC;&#x2122;s Legal Services Division.

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Events

The Manufacturer & Business Association dedicated its 109th Annual Event on Saturday, May 17 at Erie Insurance Arena to the small businesses and family owned businesses that are the foundation of the American economy. For extensive photo coverage of the camo-optional event, visit the Photo Gallery on www.mbausa.org.

Pastor Scott Maxwell of St. Paul’s Lutheran Church led the invocation.

The highlight of the night was a keynote address from Willie Robertson, chief executive officer of the sporting goods empire Duck Commander and star of the reality TV series “Duck Dynasty.”

It’s a fact, Jack! Another sold-out crowd attended this year’s Annual Event in Erie.

Dan Kelly (back row, left) of MyFanClip and brother of legendary quarterback Jim Kelly with Jon Connole and guests from Port Erie Plastics. Port Erie Plastics manufactures MyFanClips, including the official Duck Commander licensed clips, in Erie.

The Association introduced its 2014-2015 Board of Governors.

Mark Pellegrino (center) of major sponsor Ridg-U-Rak, Inc. with friends and family.

26 < www.mbabizmag.com < July 2014

The Association thanked representatives from major sponsors Howard Industries, UPMC Health Plan, and Ridg-U-Rak, Inc. and event sponsors Logistics Plus, Buck Consultants, Coventry HealthAmerica, an Aetna Company, and LORD Corporation.

Coventry HealthAmerica, an Aetna Company, represented by Patricia Haley (right), was one of the sponsors of the unforgettable evening.

Local singing sensation Audra Miller performed a stirring national anthem.

Major sponsor UPMC Health Plan, represented

by Ki Kim,with Robertson.

Sue and Gary Schneider of sponsor Howard Industries — voted “best camo attire."

Happy, happy, happy! Bill Cunningham of sponsor Logistics Plus listening to one of Robertson’s stories.

Guests received a complimentary edition of the Business Magazine’s highly anticipated Annual Report.

Lorin Lacy (fourth from left) represented sponsor Buck Consultants.

Bill Hilbert Jr., vice chairman of the Association’s Board of Governors and president of Reddog Industries, presented Robertson with a custom hunting knife engraved with the Association’s logo.

Association Chairman Tim Hunter (right), president and CEO of McInnes Rolled Rings, and his wife Gretchen welcome Robertson to Erie.

July 2014 > www.mbabizmag.com > 27

People Buzz ACES HONORS BUSINESS LEADER, EDUCATOR OF THE YEAR Americans for the Competitive Enterprise System (ACES) in Erie recently honored its Bob and Betty Merwin Outstanding Citizen Award winner and ACES Educator of the Year, during a luncheon held June 26 at the Ambassador Hotel & Conference Center in Erie.

John B. Pellegrino Sr., P.E., president and CEO of Ridg-URak, Inc., was presented the Bob and Betty Merwin Outstanding Citizen Award for his success in business and his active participation in charitable community endeavors. Pellegrino has created the largest privately owned storage rack

manufacturer in the United States.

Pellegrino is a Korean War veteran, chairman emeritus of the Manufacturer & Business Association, and an enthusiastic supporter of free enterprise. According to ACES, Pellegrino’s 10-plus years of support and advocacy of ACES and Pennsylvania Business Week is an example of his commitment to the essential value of maintaining small independent business as the backbone of our nation.

In addition, Mark Ferrara was honored as ACES Educator of the Year for his continued support and advocacy of the Pennsylvania Business Week program. Ferrara has served as superintendent at Greenville since

BRING YOUR CONFERENCE TO ERIE

September 2013. Prior to this, he held the position of superintendent in the Sharpsville Area School District for seven years, and director of curriculum in Neshannock School District for four years, which is also where he began his relationship with Pennsylvania Business Week and ACES. With the importance of economic education in mind, according to ACES, Ferrara has brought the Pennsylvania Business Week program to three districts: Neshannock, Sharpsville and Greenville.

ACES was founded in 1956 to promote the understanding of the American free enterprise system to students, educators and general public. Its flagship program, Pennsylvania Business Week, has reached more than 16,000 students over the past 17 years.

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jholody@visiterie.com visiterie.com/meetingplanner VisitErie major sponsors:

28 < www.mbabizmag.com < July 2014

Whether you’re a sponsor, a donor, a volunteer or a member, the Zoo is a part of our community and our lives.

To learn more about specific opportunities, contact us at 814 864-4091 or KMiller@eriezoo.org.

DEPARTMENTS > Contact: Karen Torres

BEAUMONT NAMES NEW DIRECTOR OF STRATEGIC & CORPORATE ACCOUNTS Beaumont Technologies, a global plastics engineering leader in Erie, Pennsylvania, has promoted Dave Rose to the newly established position of director of Strategic & Corporate Accounts.

“This new role is directly responsible for ensuring mutual benefit and growing company revenues with strategic partners and multi-national corporate accounts,” said President and CEO John Beaumont. “In addition to developing strategies for Beaumont’s legacy I.P. and Engineering Services, Dave will also focus on significantly expanding the reach of our Plastics Professional Continuing Education & Training Courses.”

Rose is a graduate of Penn State Erie’s Plastics Engineering Technology

program and worked at Fisher Price, Composiflex, and the Plastics Technical Center at Penn State before joining Beaumont Technologies in 2001.

KNOX LAW FIRM ANNOUNCES PROMOTION Knox McLaughlin Gornall & Sennett, P.C. recently announced the promotion of Nadia A. Havard to counsel.

Havard concentrates her practice in tax law, estate planning and administration, and business law.

She regularly employs efficient wealth transfer planning techniques for estates and actively assists business owners with dispute resolutions and business succession. She also helps nonprofit organizations with restructuring and tax-exempt status matters.

A magna cum laude graduate of Albany Law School, Havard received her under-

graduate degree with honors from Moscow Pedagogical University and joined the Knox firm as an associate in 2004.

THE HARTMAN GROUP NAMES WILBER AS DIRECTOR The Hartman Group recently promoted Rich Wilber to director of Compliance and Administration at Hartman Employee Benefits.

Wilber joined the Hartman Group in 2007.

He specializes in working with groups to service their employee benefits, as well as understand implications of different financing strategies, plan design alternatives, and “tie in” wellness promotion programs. He will continue to serve clients from the State College office in conjunction with the rest of the retail team.

Wilber is a graduate of Penn State’s Smeal College of Business with a bachelor’s degree in finance.

July 2014 > www.mbabizmag.com > 29

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