The Buckeye - July/August 2022

the

BUCKEYE JULY/AUGUST 2022 Vol. 33, Issue 4

MAGAZINE

INSIDE:

Innovative Green Industry Tech

THE BUCKEYE | July/August 2022 |

1

2023 SCHOLARSHIPS Applications are now being accepted for the OGIA 2023 Scholarship Program.

OGIA’s Phil Kozel Memorial Scholarship Program provides assistance for college students and high school students pursuing degrees in horticulture and related fields.

GREEN INDUSTRY STUDENTS STUDYING: HORTICULTURE LANDSCAPE

An OGIA President’s Scholarship, a $3,000 scholarship, will be awarded to one college candidate from the pool of applicants.

Several $2,000 scholarships will be awarded to college candidates. Several $500 scholarships will be awarded to high school and college candidates.

NURSERY/GREENHOUSE PRODUCTION AND OTHER GREEN INDUSTRY RELATED FIELDS DEADLINE TO APPLY SEPTEMBER 16, 2022

APPLY ONLINE

OGIA.ORG/SCHOLARSHIPS 2

| ogia.org

CONTENTS

July | August 2022

VOLUME 33 • ISSUE 4 ogia.org THE BUCKEYE is the official publication of the Ohio Green Industry Association and is published six times a year.

EDITORIAL / ADVERTISING ISSN 1536-7940 Subscriptions: $75/year sara@ogia.org OFFICERS Molly John President M.J. Design Associates, Inc. Devon Stanley Immediate Past President Benchmark Landscape Construction, Inc. Genevieve Reiner-Mills President-Elect Oakland Nursery, Inc. DIRECTORS Patrick Greeson W. A. Natorp Corp.

Michael Hall Harrell’s LLC Fred Higginbotham Millcreek Gardens LLC Scott Knowles Wolf Creek Company Steve O’Neal Columbus State Community College Ron Schultz Premier Plant Solutions Matt Turner Turner Landscaping LLC STAFF Tracy Schiefferle Executive Director Roni Petersen Membership & Certification Sara Cantees Marketing & Communications Jim Scott Professional Development THE FINE PRINT The statements and opinions expressed herein are those of individual authors and do not necessarily represent the views of the association, directors or staff and do not constitute an endorsement of the products or featured services. Likewise, the appearance of advertisers, or their identification as members of the OGIA does not constitute an endorsement of the products or featured services.

COLUMNS

5

President’s Perspective

7

Executive Director’s Message

15

Advocacy Update

26

Human Resource Spotlight

F E AT U R E D S T O R I E S

8

Tech Trends for Landscapers

16

OGIA Member Profile

20

Innovation is the Key to Growth for West Michigan Nursery

22

Fountain Grass Issues You Need to be Aware Of

ALSO IN THIS ISSUE

18

In Memoriam

19

Classifieds, New Members

31

Event Calendar

THE BUCKEYE | July/August 2022 |

3

North Branch Nursery, Inc. Email: wholesale@northbranchnursery.com P.O. Box 353 3359 Kesson Rd. Pemberville, OH 43450 Phone: (419) 287-4679, Opt. 2 Fax: (419) 287-4509 www.NorthBranchNursery.com

Centrally located in Northwest, OH near Bowling Green Grower of finished materials, including balled and burlap and potted trees, shrubs, and perennials Call-ahead ordering is available or shop our sales yard Delivery available

Growing High Quality Plants, People, and Relationships

lanter

Annuals Combo Planters Grasses

Hardy Ferns Herbs Peonies

Perennials Shrubs Vines

ers

Restoring the native landscape. https://bit.ly/ErnstBuckeye

www.millcreekplants.com 800-948-1234 | SALES@MILLCREEKPLANTS.COM 15088 SMART-COLE ROAD | OSTRANDER, OH 43061

4

| ogia.org

(800) 873-3321 sales@ernstseed.com

PRESIDENT’S PERSPECTIVE

MOLLY JOHN

M.J. Design Associates, Inc. 2022 OGIA President mjohn@mjdesignassociates.com

H

appy Summer! It is hard to believe it’s already the middle of the summer. What seems like a trend the last few years; we have a lot of rain, exceeding the yearly average during the spring months and then make a pivot in the opposite direction, becoming hot and dry. It certainly makes it hard on our team members working and the plants. No matter what part of the Green Industry you are involved with, it is tough. Aside from the Mother Natures antics, to take a phrase from Marty Grunder, I do hope “the 100 days of Opportunity” were good for all of you. I know here at M.J. Design we continue to have more work than we can regularly handle.

In this month’s addition of The Buckeye, you will read about the new advances in technology throughout our industry. I do find it amazing the new innovations that have occurred even in the last 10 years that provide opportunities for us to be more efficient from; job costing and estimating software to advancements in design software and mechanization in the nursery industry. With any new innovation, there are always pros and cons. Take cellphones; when I started in this industry 30 plus years ago, our communication between the office to teams or individuals on the road was between CB’s. You had to find just the right radio frequency and channel so we could talk to each other.

Client and Customer communication was via “land” lines that were only accessible from our home and office.

It was wonderful, clients could only reach us during normal business hours. For those of you like me who can remember, the first cellphones were carried around in a bag. We then advanced to a handheld device that flipped open and was very chunky. They didn’t fit in your pocket too well. Even I must admit, I don’t know how we got along without the advances in cellphones. Our phones have cameras and video capabilities. Nursery and plant dealers can send immediate pictures of available plants to their customers. Account Managers and Foreman can have conversations about a property without being together. Who doesn’t use Facetime or WhatsApp to do some direct one on one conversations with a teammate while walking around a property?

Prior to meeting a client for the first time, they can now send us photos of their properties, so Designers and Salespeople can be prepared walking into the first

appointment or even better, we can do some preliminary design work. Our phones are now our maps, we read and send emails and help with Google Translate. They provide us the ability to work from anywhere at any time. On the flip side, the same advances that make our cellphones wonderful can also be the negative. We become addicted to our devices. When do we shut down?

Everyone has become so accustomed to instant answers. While phones use to be our only way to communicate, aside from the postal system, with text messaging and emails, I would guess that we spend very little time actually talking with our customers and clients.

Think how much quicker we could get an answer from someone if we just picked up the phone, rather than texting or emailing back and forth over the course of an hour(s) or several days.

When I was wrapping up my degree in Landscape Architecture at Ohio State, computer added design was in its early stages. Talk about quick advancement in how technology has changed the way we design and present a project.

Personally, I still like drawings that are done by hand. We are working with a natural product and plants don’t have hard edges. The soft lines from a pencil or pen seem to fit with the artistic touch for what we create. But even the artistic presentations have changed with the introduction and use of; photoshop, morpholio, sketch-up, SmartDraw and many other 3D rendering apps. We can now do quick drawings with an iPad and present almost immediately to a client.

3D renderings allow us the ability to show more depth and perspective, so clients understand our vision. Looking at a 2-dimensional drawing is difficult for some people to visualize the full scope.

The ability to email or send copies of drawings back and forth between clients and contractors saves a lot of time as well. Our beautiful drawings are a great sales tool, but remember, it is the plant material, on-site adjustments, and proper installation, that still must be done by hand that makes the final product successful.

The biggest hurdle we all must face in our businesses today is labor. So, companies are spending billions of dollars on research and development, finding ways to where computers, machines and robots can help save us time and labor. Whether it be in greenhouses where machines are used to fill pots and plant plugs to hydroponic growing of vegetables and robots are used to pick the ripe fruit. The new autonomous mowers that allow us to set up a unit on a client’s property, giving us the ability to reduce our crew size and spend more time on details of plant care and pruning, with less on physically cutting the lawn. The autonomous mowers can also help with some emissions and air quality (but we will save that for another issue). However, machines and robots aren’t perfect. Technology is advancing, but we still need the human element.

Machines aren’t perfect with planting.

Sometimes they are too deep, you can’t see the crown and girdled roots develop.

It still requires the human eye to see and correct that during installation. Can a robot really tell 100% of the time when a tomato is ripe and ready to be picked?

The autonomous mowers save us some man hours, but what does the finish product look like? For small properties with little lawns, especially in other parts of the country it works. I think most of us here in Ohio would agree that the larger mower stripes look better and make a nicer visual impression.

Don’t get me wrong. Technological advances are wonderful, and they are helping to make our jobs easier, run smoother and less strenuous on our bodies. But I don’t want us to forget what makes the green industry so special. We create Wow! We build relationships with our clients, vendors and customers. We are Artists, who take what technology has helped us create and beautify nature.

Pick up the phone, call a customer and have a Great Day!

THE BUCKEYE | July/August 2022 |

5

Early Riser

2022

LITTLE QUICK FIRE

®

Hydrangea paniculata

A dwarf version of best-selling Quick Fire® hydrangea with the same early bloom time, on a habit that is about one-third the size. Flowers age to deep burgundy red before other varieties even start to bloom, making it a great season extender.

• Compact • Early blooming • Brilliant color

To order liners contact McKenzie Doriot, mckenzie@springmeadownursery.com, 616-846-4729 ext. 1106 www.springmeadownursery.com 800-633-8859 6

| ogia.org

10'

LITTLE QUICK FIRE® Hydrangea paniculata ‘SMHPLQF’, USPP 25,136; CBR 5406 USDA zone 3-8, full to part sun 3-5' tall and wide

E X EC U T I V E D I R EC TO R’S M E S SAG E

TRACY SCHIEFFERLE

OGIA Executive Director tracy@ogia.org

O

ur focus this issue is on technology. It made me pause to think about how much advances in technology have helped make the world a better place. And in some ways not so much. It is always such a balance and most often a matter or preference.

Preference to adapt or utilize certain technology and for our own unique personal tastes. Paper or plastic?

Print or digital? Shop or click?

With a click or a swipe, we can find anything we want from about anywhere in the world. News, groceries, cars, social engagement, and even plants. But at what point does the access or convenience supersede the importance or touching and seeing products, and discussing with an expert – dare I say – face to face?

This industry in particular struggles with the balance of using technology and the need for in person interaction.

Our members have certainly benefited from advances in technology to assist with everything from watering to inventory control. But we still rely heavily on actual people to do much of the work – designing, installing, maintenance, and assisting consumers. And even those areas continue to evolve.

Some of our members have made the leap to sell products online. Some due to COVID and a necessity.

Others because they see an opportunity. Some heavily use online marketing and social media to promote their businesses, and some do not. Again, for many – it is the willingness or preference to adapt or utilize certain technologies. As a business, it is hard to know how adding certain technologies or online presence will benefit particularly to capture a wide range of consumers.

I have always been interested in generational differences between the “defined” groups: Baby Boomers (19461964); Gen X (1965-1980); Millennials (1981-1994); Gen Z (1995-2014); and Gen Alpha (2015-2030). I think the stereotypes of these group and how they interact with technology is worth noting. As a Gen Xer – our group bridged the gap between an explosion in online technology and social media with the shift from analogue to digital. Many of us in this group grew up with phones still plugged in to the walls, tests at school that required us to fill in dots with a pencil, and you were the “cool” house if you had an Atari. We had minimal adult supervision (latchkey) and therefore we

learned the value of independence, hard-work, and work-life balance.

We were the first generation to use computers in our homes and school.

Our generation developed some of today’s most influential online sites such as YouTube, Amazon, and Google. We are considered more moderate when it comes to technology with less time spent on social medial than the millennials who follow us.

In 2019, millennials surpassed the baby boomer generation to become the largest demographic group in the United States. Millennials were pushed to be educated. Approximately 39% of millennials between the ages of 25 to 37 years during the year 2019 had earned a bachelor’s degree or higher.

To compare, 25% of baby boomers, and 29% of generation X had reached similar educational milestones by the same age. The Great Recession and the 2020 pandemic adversely impacted the finances of millennials. Many were unable to afford their own homes and have substantial student loan debt.

Consequently, this generation comprises many individuals who rent apartments or live with their parents. Millennials have been strongly influenced by exposure to the Internet and technology while growing up more than previous generations. Many prefer to use devices to communicate or shop.

Millennials want to “feel good;” this refers to their commitment to social and environmental causes globally and locally. This means sustainability, locally grown food, local plant use, plants for wellness. Millennials want to “be entertained;” they focus on meaningful experiences as opposed to possessions.

They want to share these experiences on social media. Millennials like to “look good.” They fear failure and desire information. Many were brought up in a competitive nature, so they tend to look for information from reputable resources. They tend to look online for guides on how to care for plants, prune a tree, and research items before purchasing.

Gen Z is considered the first generation of true digital natives. They introduced

“influencer.”

This hypercognitive generation is extremely comfortable with collecting and cross-referencing many sources of information and integrating virtual and offline experiences enjoying not just virtual but augmented reality. Gen Z appears to be more about the search for truth, applauding individual expression, and avoiding labels. From a consumer standpoint they value access as opposed to consumption; consumption as an expression of individual identity; and consumption as a matter of ethical concern. For them, technology is an extension of themselves.

What all of this means for the industry is a shift in approaches and willingness to adapt. To attract customers and to attract employees – what is the best approach? At the OGIA, we struggle with the same questions in approach.

Many of our members prefer online content while others prefer in-person events and education. The increase in technology and social media has changed every industry from association management, to medicine, to the green industry.

As we all try to figure out the best way to engage with current and future generations, we hope that you will plan to join us November 1-3 at midwestGREEN. We have roughly 75 different sessions being planned to help education and grow your industry knowledge and business. Several of our session will feature best uses of social media and marketing practices, and generational recruiting and retention of employees. One of our keynote speakers, Simon J. Anderson, will focus on future trends. I have heard him speak before and his session really does make you think about what lies ahead and to be more future ready. I hope to see you there.

OGIA strives to be your resource now and for future generations. So, whether your Blackberry was ripped out of your hands, or you can’t wait to put on your HMDs, we will be working to help provide information, education, and representation adapting to the changes that lie ahead. As always, thank you for your membership.

THE BUCKEYE | July/August 2022 |

7

Tech Trends for

LANDSCAPERS

BY ALANA SETTLE

8

| ogia.org

From innovative new products to efficiencybuilding software, landscape companies are committed to embracing technology in their day-to-day operations.

Earlier last month, Lawn and Landscape magazine released its 2022 Tech Report. Of the companies surveyed, 63% believe the technology they use makes their company more attractive to potential customers. More than 80% use business management software, and three-quarters use mobile technology like apps and smartphones.

Only about half of the survey respondents stated they use technology such as battery-powered equipment, GPS software, and design software. Drones and robotic mowers are used by only 16% and 6%, respectively.

While almost 70% of the companies surveyed use social media, only about half of the respondents claimed to do any other sort of online marketing, including search engine optimization (SEO).

THE BUCKEYE | July/August 2022 |

9

ROBOTIC MOWERS No longer a gimmick or a “shiny new toy”, autonomous mowers are gaining momentum in the landscape industry, and manufacturers are rolling out new technology every year.

The companies making and selling robotic mowers don’t necessarily bill them as a solution to the workforce shortage. They can, however, be useful tools to relieve employees of the more monotonous tasks associated with maintenance services.

Letting employees focus on more complex parts of the job could make jobs in the industry more attractive and help retain people who want to do more thoughtprovoking work. Proponents claim that as a company grows its fleet of robomowers, it can take on more clients, then shift its hiring focus to managerial and creative roles over seasonal mower positions.

Investment and up-front costs are inhibitory, as is the case with any specialty equipment, so companies need to do the math on if and when they’ll see a return. In any case, clients may find these new products appealing, and data-driven advancements in these machines will make them more accessible in the near future.

BATTERY-POWERED EQUIPMENT If you haven’t already begun a transition to battery-operated tools, you might start thinking about it. Several states are introducing laws to phase out the sale of gas-powered equipment and some municipalities are considering banning the use of gas leaf blowers within city limits.

Battery-powered equipment can help create healthier communities and happier employees. The reduction in noise pollution offered by significantly quieter motors can be a selling point to some clients (think retirement communities, condos, community parks and pools, cemeteries). Employees, especially those newer to the field, may appreciate working with cleaner, quieter, safer tools that are also easier to use.

Of course, the technology is a work in progress. When it comes to power, gas still wins, but proponents of battery-powered tools say you may not need all that power and 90% of all routine maintenance can be done without gas-powered tools. Organizations like American Green Zone Alliance offer training to help crews work smarter with new technology (for example, crews with battery-powered equipment might adjust how they work their way through a job site so they are close to the truck when they need to switch batteries.)

Manufacturers are continuously introducing models that are lighter, more powerful, and longer-lasting and are working on batterycharging stations and other ways to charge equipment in trailers on the go.

SEARCH ENGINE OPTIMIZATION Optimizing your online presence to ensure you end up toward the top of relevant search results is essential to getting quality leads, but it’s not so much about tricks or “hacks” anymore.

Task your marketing team with spending a few hours each week on SEO, consider training to beef up skills, and make sure website upgrades are built into your budget.

A strong SEO strategy has multiple components, but generally, most marketers recommend you start with your website. Keyword-rich copy, meta and alt tags, and mobileoptimized pages are a classic good start; however, Google’s algorithm now favors websites that are enjoyable to visit, i.e. people visit multiple pages on your site and stay a while before exiting. Setting a long-term goal of creating a meaningful website experience, with high-quality video content, blog posts, downloadable guides, etc., is a great way to naturally improve your SEO strategy.

While website improvements are an investment, one easy thing every business can do today is to make sure its Google Business Profile and listings on any other online directories are up to date and optimized for SEO.

10

| ogia.org

DESIGN SOFTWARE Digital renderings bring a design to life and help designers communicate with clients in the professional, modern way they have come to expect. There are more options than ever, and the best choice will depend on your needs, budget, and experience level. Industry-specific software often integrates with CRMs and business management platforms and makes it easier to collaborate with teams. More are offering cloud-based subscriptions as well. Gold standards like AutoCAD and SketchUp have a learning curve, but you can find affordable online and in-person training.

DRONES

GPS TRACKING

Many landscapers are seeing the value of drones for bids, measurements, surveys, and post-project imagery. A drone capture can kick off a design process and everyone can agree that stunning panoramic imagery of the final project makes great marketing material.

Yet, photos and videos are only one aspect of drone usage.

Landscapers are using advanced drone technology for irrigation and plant health monitoring, 3D modeling/photogrammetry, sensor-based data like thermal imaging, and more.

Vehicle and equipment tracking software can provide a wealth of interesting data and can be used for much more than just keeping tabs on employees’ whereabouts.

The biggest question is whether to invest in owning and operating a drone, which includes purchasing and insuring the equipment and software, pilot certifications for your staff, and training on how to utilize the data, or hiring a firm to both fly the drone and analyze data for you.

Companies are using tracking software to improve routing, encourage driver safety, monitor fuel costs, and analyze job times.

GPS tracking can also aid in theft recovery and help prove who was at fault in an accident, potentially lowering insurance claims.

Open and honest communication is key to getting employees on board with recognizing the benefits of this technology and utilizing it to its fullest potential.

Incorporating technology into your business almost always begins with a significant upfront investment of both time and money. Attending conferences and tradeshows and networking with industry professionals can help you get a handle on the pros and cons of the many choices available to you.

THE BUCKEYE | July/August 2022 |

11

GOLF CLASSIC Tuesday, September 13, 2022 10:00 am shotgun start

SAFARI GOLF COURSE $500 per foursome team 4853 Powell Road Powell, OH

(across from the Columbus Zoo)

$125 individual

Cost includes golf, a team mulligan, cart (2 per team), swag bag, lunch at the turn, cookout following golf, beverages, and bragging rights! Proceeds benefit the Ohio High School Landscape Olympics

REGISTER AT OGIA.ORG/GOLFOUTING

SPONSORSHIP OPPORTUNITIES HOLE SPONSOR (18 AVAILABLE) $100 • • • • • •

Exclusive sponsor on the hole OGIA produced sign at the tee with name or logo Name recognition in The Buckeye magazine and on OGIA’s website OGIA social media recognition

CONTEST SPONSOR (3 AVAILABLE) $250 • • • • • • • •

• • • • • • •

• • • • • •

• •

• • • •

Exclusive sponsor for the area OGIA produced sign with name or logo Name recognition The Buckeye magazine and on OGIA’s website OGIA social media recognition Opportunity to contribute item for golfers’ swag bag (150 items provided in advance may be imprinted with company logo)

| ogia.org

Exclusive sponsor for top teams’ prizes Opportunity to present prizes during 19th Hole event Name recognition in The Buckeye magazine and on OGIA’s website OGIA social media recognition Opportunity to contribute item for golfers’ swag bag (150 items provided in advance may be imprinted with company logo)

CART SPONSOR (EXCLUSIVE) $1,250

DRIVING RANGE / PUTTING GREEN SPONSOR (2 AVAILABLE) $250 • • •

12

Exclusive sponsor for a contest: Longest Putt, Longest Drive, or Closest to the Pin OGIA produced sign with name or logo Name recognition The Buckeye magazine and on OGIA’s website OGIA social media recognition Opportunity to contribute item for golfers’ swag bag (150 items provided in advance may be imprinted with company logo)

PRIZE SPONSOR (EXCLUSIVE) $500

Exclusive sponsor Includes one team (4 golfers) OGIA produced sign facing players on each golf cart (approximately 65 carts) Opportunity to place promotional item on each cart for golfers (may be imprinted with company logo) Name recognition in The Buckeye magazine and on OGIA’s website OGIA social media recognition

BEVERAGE CART SPONSOR (EXCLUSIVE) $1,250

• •

Exclusive sponsor Includes one team (4 golfers) OGIA produced sign on roaming cart Name recognition in The Buckeye magazine and on OGIA’s website OGIA social media recognition Opportunity to contribute item for golfers’ swag bag (150 items provided in advance may be imprinted with company logo)

AT THE TURN SPONSOR (EXCLUSIVE) $1,500 • Exclusive sponsor • • • • • •

Includes one team (4 golfers) OGIA produced sign at lunch break area Opportunity to be at the turn to visit with golfers as they pass Name recognition in The Buckeye magazine and on OGIA’s website OGIA social media recognition Opportunity to contribute item for golfers’ swag bag (150 items provided in advance may be imprinted with company logo)

19TH HOLE SPONSOR (EXCLUSIVE) $2,000 • • • • • • •

Exclusive sponsor of progressive dinner at end of golf Includes one team (4 golfers) OGIA produced sign at dining area Opportunity to be at the dinner to present raffle prizes Name recognition in The Buckeye magazine and on OGIA’s website OGIA social media recognition Opportunity to contribute item for golfers’ swag bag (150 items provided in advance may be imprinted with company logo)

Custom Seed Mixtures Erosion Control Sediment Control Hydro-Mulch Fertilizer

866-530-7333 GrassSeedSupply.com

DAVIS

tree farm & nursery

Bowie Hydro-Mulchers Aero-Mulchers Crimp Discs

EvergreenBowie.com

Container & B&B Stock

Trees - (Shade, Ornamental & Evergreen) & Shrubs Ornamental Grasses & Perennials

Bulk Materials

Blended Topsoil ~ Mulch ~ Dyed Mulches ~ Potting Mix

Wholesale Grower of Quality Nursery Stock

Check us out on the web at www.davistreefarm.com sales@davistreefarm.com

6126 Neff Rd Valley City, OH PH: 330-483-3324 Fax: 330-483-4483

Making Your Business Easier ~ Quality Without Question

THE BUCKEYE | July/August 2022 |

13

P LACE

YO U R

O RD ER

TOD A Y

Premium Seasonal Color VISIT OUR THREE OHIO LOCATIONS:

14

AVON

BROADVIEW

4825 Center Rd. Avon, OH 44011 440-934-3813

10001 Broadview Rd. Broadview Hts., OH 44147 440-526-8711

| ogia.org

HILLIARD 6981 Scioto Darby Creek Rd. Hilliard, OH 43026 888-593-5999

A D V O C A C Y U P D AT E Legislative Updates from the Statehouse Tax treatment of the sale of a business Before leaving for summer break to campaign, the General Assembly passed several bills including a tax bill that changes the way the sale of a business is treated for tax purposes. House Bill 515 codifies two situations in which the sale of an ownership interest will be considered business income: TONY SEEGERS

1803 Consulting, LLC tony@1803consulting.com

1. The sale is treated as a sale of assets for federal income tax purposes.

2. The seller materially participates in the activities of the business during the taxable year in which the interest was sold or during any of the five preceding taxable years. IRS rules for material participation generally consider the number of hours the taxpayer spent participating in the business, either on their own or in relation to other business participants.

From the bill’s analysis: “When either of those two conditions exist, income from the sale will be considered business income. In the case on nonresidents, this means that a portion of the income will be taxable in Ohio, based on the proportion of the business’ activity that is apportioned to Ohio and subject to constitutional due process considerations. In the case of either residents or nonresidents, the income will be eligible for preferential treatment under the business income deduction and the 3% flat tax.”

Exempting Overtime pay requirements The General Assembly also passed changes to Ohio’s overtime laws. Senate Bill 47 will go into effect July 6. The bill subjects our overtime laws to the same exemptions from overtime that are found in the federal Portal to Portal Act of 1947.

•

Activities that are preliminary or postliminary to the principal activity or activities;

•

Activities requiring insubstantial or insignificant periods of time beyond the employee’s scheduled working hours.

The exemption applies to any activity described above that occurs before the time on any particular workday that the employee commences the principal activity or after the time on any particular workday that employee stops performing the principal activity.

Some of the focus of proponent testimony in committee centered on the third bullet point because many Ohioans are now working from home. The bill will prevent employers from being liable for failing to pay overtime to an employee who, without direction from the employer, engages in de minimis time outside of the workday performing minor tasks like reading emails.

State Legislature Primaries Moving Forward After countless rounds in the Ohio Supreme Court and hearings in federal court, the state legislative district maps have finally been set and the primary election for the state legislature, which had been scheduled for May 3, will now take place on August 2. This means candidates, be they incumbents, challengers, or those running in open seats, will have a very short window to campaign for the general election since they will first have to run against their primary opponent in the late primary.

The General Assembly is expected to return from summer recess the second week of September.

From the bill’s analysis: The act exempts an employer from Ohio’s requirement to pay overtime wages to an employee for any time the employee spends doing any of the following: •

Walking, riding, or traveling to and from the actual place of performance of the principal activity or activities that the employee is employed to perform;

THE BUCKEYE | July/August 2022 |

15

OGIA MEMBER PROFILE

J. BARKER L A N D S C A P I N G CO M PA N Y

BY ALANA SETTLE

E

stablished in 1974 by Jeffrey Barker, J. Barker Landscaping Company provides design and maintenance services to residential and commercial clients throughout Northeast Ohio. The business has seen steady growth since its beginnings as a one-man shop. Today, J. Barker employs 25 full-time and 10-15 seasonal staff.

In 2016, Jeffrey’s son Brandon Barker joined the team as a full-time account manager.

Brandon is currently the company’s General Manager, overseeing daily office and field operations and focusing on commercial clients.

OGIA: How has the company grown over the years?

Brandon: We have always had a strong focus on the residential design/build landscape market. The residential housing boom in the 1990s elevated our business greatly, as we eventually completed hundreds of new lawn and landscape installations during that time. Outdoor living spaces and hardscapes became a specialty of ours during that same period and continue to be a large part of what we do today. About 15 years ago, we made a big push in the commercial maintenance and snow removal arena and it is currently the area of our business that we are most interested in growing.

OGIA: What’s different about J. Barker Landscaping Company?

Brandon: We are a very customer serviceoriented company. I believe we have wonderful business skills. We have excellent communication with our customers from start to finish with any project. Customers are sometimes left in the dark regarding the progress of a project. Not at J. Barker—we make sure our customers are informed, feel comfortable, and are satisfied with our work.

We will go the extra mile for our customers and do whatever it takes to get the project done. In this industry, it can be very hard at times for companies to deliver that kind of service.

16

| ogia.org

OGIA: In 2007, The Barker Group LLC was created to offer demolition of single-family homes and dumpster services.

Not many landscape companies offer those services.

Brandon: Yes, when the recession hit, we knew that we had to diversify our company to make up some of the business we were losing in the residential landscape market.

Homeowners were cutting back on landscape construction projects, such as outdoor living spaces, patios, water features, grill stations, etc. These types of jobs were a big part of our business.

At that time, the City of Cleveland had an abundance of vacant residential homes that needed to be demolished and we became a demolition contractor for them.

About ten years ago, we diversified into the dumpster services business as well and mainly offer smaller dumpster rentals to homeowners and contractors.

I have heard of some other landscapers getting into the dumpster rental business, but not many have broken into the demolition business.

OGIA: What’s your company culture like?

Brandon: Many key employees have worked for us for 15+ years. We do our best to make sure that our employees enjoy coming to work each day. The company provides our employees with quality uniforms/clothing, new and clean trucks, the best equipment in the market, and much more. It is important that our people are successful in what they do each day and we strive to give them the tools to do just that. Having these valuable tools keeps our employees happy, knowing that they have everything they need to get their jobs done.

We try to be very collaborative. Everybody wants to share opinions. They want to be a part of something.

OGIA: Regarding day-to-day operations, anything you’re proud of that you’d like to share?

Brandon: Our company has been around since 1974. Some of the things we do may seem a little “old school” but they still work.

One of those things is having a weekly morning “huddle”. All our field employees gather in our main shop area for a meeting to review what’s going on with our company.

The huddle is typically led either by me or our owner and President, Jeff Barker. We discuss general topics such as job performance, the week’s priorities, the status of certain large projects, safety, company updates, review of company policies, etc. We also ask for feedback from our crews on what things we can do as an organization to make them more successful. This helps us get everyone on the same page and gives our employees an idea of what is the current status of our company.

OGIA: What are your goals for the company?

Growth is a great thing, but we want to be smart about it. Many companies want rapid growth, with goals to double or triple in size in a few short years. That is not our company.

Many problems can arise when trying to grow that fast. We are focused on growing but we want to do it at a comfortable pace.

We don’t want our quality workmanship and service to suffer.

One day, we would like to open a second branch in Northeast Ohio by growing our commercial landscape maintenance and snow removal business. Our passion has always been residential design/build and we want to continue to grow our market share in that area as well.

OGIA: Where do you see the industry heading? Any trends you’re watching?

Brandon: Labor is the number one issue when it comes to the landscape industry.

“

Our passion has always been residential design/build and we want to continue to grow our market share in that area as well.

”

There are never enough skilled and qualified people to complete the large workload that landscapers in this country have. I’m hoping that the government will fix or improve the H-2B Visa program to allow more workers to enter the United States each year to help with our concerning labor issue. I believe we are headed in the right direction to make that a possibility.

Due to the labor deficit, I see more autonomous technology being developed to combat the issue. For example, the robotic lawn mower market seems to be on the rise.

We will likely see more and more unmanned lawn mowers in the years to come.

Additionally, the sales of labor-saving type machines and products, both in the landscape and snow removal industry, will continue to grow.

OGIA: Any advice you’d like to share for landscape business owners who are just getting started?

Brandon: Don’t sell yourself or your services short. Many landscapers out there are very talented and work very hard.

Make sure that you are being properly compensated for the work you are doing. I see so many landscapers get started in the industry by doing their jobs for a minimal amount of money so they can get lots of work or new accounts. In many cases, the companies who do this are out of business after a few years because they didn’t charge enough money. Respect yourself and the work that you do. Trust me, if you do quality work, there are customers out there who will appreciate you for that and will compensate you accordingly.

To be profiled in The Buckeye, please contact Sara Cantees | sara@ogia.org Photos via J. Barker Landscaping Company Instagram - @jbarkerlandscaping

THE BUCKEYE | July/August 2022 |

17

In Memoriam Joe Perlaky May 8, 1956 - June 13, 2022 It is with great sadness that we inform you of the unexpected passing of one of our members, Joe Perlaky. Joe was a member of the Growers Energy Group team.

Joe will be missed by all. Our thoughts are with the Perlaky family during this difficult time.

7463 West Ridge Road P.O. Box 189 Fairview PA 16415 800.458.2234 Fax 800.343.6819 e-mail: info@FairviewEvergreen.com FairviewEvergreen.com

CELEBRATE

OGIA 50TH ANNUAL LANDSCAPE AWARDS

CALL FOR ENTRIES DEADLINE: AUGUST 1, 2022 The OGIA Landscape Awards Program annually awards recipients for distinguished projects and service. We recognize exceptional individuals and companies for their accomplishments and outstanding work. With over 10 new categories added, these awards are designed to be inclusive of all professionals in the green industry more than ever before.

This year, the OGIA Landscape Awards will be held at the midwestGREEN Conference during our Celebrate Reception on November 2. Be recognized in front of your peers from across the region for your hard work.

TO ENTER, VISIT OGIA.ORG/LANDSCAPEAWARDS

18

| ogia.org

EMPLOYMENT OPPORTUNITIES Ads listed here were current as of press time. For details, or to place a classified ad, visit ogia.org/careers.

Nursery Manager Benken Florist Home and Garden Center Cincinnati, Ohio

Landscape Foreman & Technicians Walters Landscape Solutions Westlake, Ohio

Residential Landscape Design/Sales Representative WinnScapes Inc. Columbus, Ohio

Planting Technician Joseph Tree Dublin, Ohio

Your success brightens our day... and night.

NEW MEMBERS The following companies and individuals have been approved for OGIA membership, pending the completion of the application process, which includes requesting comments from the current OGIA membership regarding the qualifications and/or dues classifications of applicants within three weeks following receipt of this issue of The Buckeye.

The following companies are applying for ACTIVE membership: Dylan Harper Forge Marketing Group 823 Press Ave Apt 9 Lexington, KY 40508 Liz Hughes Groovy Plants Ranch 4140 Co Rd 15 Marengo, OH 43334 Traci Ward Kurtz Bros., Inc. 6415 Granger Road Independence, OH 44131 Mike Nolan Nolan Nursery & Farms 6017 12th St NW Canton, OH 44708 Rebecca McCusker The Creative Content Shop 5605 Amanda Northern Rd Carroll, OH 43112

The following individuals are applying for Professional Individual memberships:

Daniel Oliver Oakland Nursery, Inc.

At Cascade Lighting, your success is our top priority and it’s been that way since we set up shop over 20 years ago.

Brian Goodall City of Dublin Evan Oyster Joseph Tree Steven Kelley Druffel Design & Landscape Ruben Herrera Treescapes LLC

The following students are applying for Student membership: Cincinnati State Technical & Community College Abigail Thornton Tiffany Chen Sophia Heran Robyn Novak Courtney Stiles

We’ll partner with you to provide expert advice on the best lighting solution to fit your project and budget. Our team also offers design and technical support at no additional cost. And to ensure the job gets done on time, our warehouse stocks a huge inventory of products ready for same day shipment.

Call us today at 800.758.6359 or visit cascadelighting.com

Cuyahoga Community College Carrie Stead

Providing over 40 lines of outdoor and landscape lighting products including:

Merritt College Kate Small

Darcie Drum GreenScapes Landscape Co. 111618

ONLA_halfpage-gen_1118.indd 1

19 THE BUCKEYE | July/August 20229:32 | AM 11/16/18

INNOVATION IS THE KEY TO GROWTH FOR WEST MICHIGAN NURSERY

S

ituated along the west coast of Michigan, Spring Meadow Nursery is one of the largest wholesale suppliers of woody ornamentals in the Midwest. They primarily grow shrubs for the Proven Winners® ColorChoice® brand, supplying millions of liners annually to finish growers across North America.

It takes a lot of resources to breed innovative, high-quality shrubs and nurture them into healthy, saleable liners. Although you might be inclined to believe that the increasing labor shortages over the past few years are what drives automation in large wholesale nurseries like Spring Meadow, innovation has been a key component of the day-today workings for many years.

Jeremy Deppe, Spring Meadow’s general manager, is always on the lookout for ways to streamline operations.

20

| ogia.org

“We invest heavily in lean flow. Lean changes us tremendously in terms of the number of people and how we produce our products,” says Deppe. “It has made us much more efficient so our people can be more productive, and it has allowed us to grow.”

If you have visited Spring Meadow’s production facilities, you’ll see that growth evidenced in the over 45 acres of Westbrook greenhouses devoted to liner production, shipping management, marketing products, and research and development.

And although production automation is a necessity for nurseries the size of Spring Meadow, investing in people is also paramount to success.

“What sets us apart from our competitors is our team.

We feel we have the best team in the industry,” Jeremy says. “It is a great combination of experience and youth. Everyone is trying to get better every day.”

A newer team member is Dr. Judson LeCompte, who Spring Meadow hired in 2020. Originally from Alabama, Dr. LeCompte was working in Texas when Spring Meadow tapped him to help lead product development and better address southern plant genetics.

“We invest heavily in our research and development department, as we strive to be innovative with our plant assortment,” says LeCompte. “For example, if I get a wild idea of a certain plant that I want to breed, we have an internal breeding team that I can turn to and we just see where it goes. What sets us apart is that Spring Meadow Nursery is willing to take risks that lead to innovative plants”, he adds. “It’s exciting for me to get some warmer climate plants into the catalog.”

Spring Meadow owner Dale Deppe is always willing to invest in people and equipment. “From a staffing and equipment standpoint, we almost never say no,” he says. “If you need something to make your job more productive, come tell me about it.”

Dale says that those types of investments are easy to make because they almost always pay for themselves.

Although production automation is not new to Spring Meadow, it has certainly come in handy over the past few years when labor has been an issue across the nation.

Dr. LeCompte confirms the reality of tight labor pools saying, “Labor shortages may always be an issue going forward. That is why production innovation is important; it not only reduces our demand for labor but also boosts efficiency.”

LeCompte continues, “Heated floors, high-pressure fog, and shade and heat retention curtains in our five acres of prop houses encourage rapid rooting; speeding up production and minimizing backorders.”

Other automated processes at Spring Meadow include automated sticking lines, trimming machines, flood floors, and a TTA Plugsorter liner grading machine, which grades and sorts up to 8,000 plants per hour. Videos of all can be viewed at https://bit. ly/SMNinnovation.

Consumer demand for plants has skyrocketed in the past few years. Encouraging innovation is the key to meeting increased needs, providing new generations of landscapers and home gardeners with a good supply of high-performance genetics that pays off from production to planting.

THE BUCKEYE | July/August 2022 |

21

PLANT PICKS

Fountain Grass Issues You Need to be Aware Of Pennisetum alopecuroides; The Good, the Bad and the Ugly

by George H. Brenn, MIAH

You might know this plant as “Fountain Grass.” And it may be a staple in your palette of desirable ornamental grasses. Certainly, it is easy to find uses for an ornamental grass that stays in the range of 3 to 4’tall. Not to mention those cute little “bottle brush” seed heads. What could be better?

I first became enamored with Pennisetum when my daughter was an infant, which was in the very early 1980’s. Now, 40 years later and a smidgen wiser, I have come to realize that, while Pennisetums do possess very showy ornamental qualities, they are actually plotting to take over the world, or at least any available spot in your lawn where the bluegrass is not thriving. Thus, this will be a tale of “the good, the bad and the ugly.”

When the ornamental grass “fad” first came to my attention (circa 1983), there were only a few varieties that were commercially available: primarily Miscanthus and Pennisetum. And I, like my young daughter, was intrigued with those cute, fuzzy seed heads on the Pennisetum. Little did I realize that those tiny seeds were just waiting for an opportune moment to find an unoccupied space in my lawn to begin another plant.

More on that later.

In August of 1983, I took our garden center employees on a field trip to Boerner Botanic Gardens in Milwaukee. When we drove into one of their parking areas, we were all astonished to see a large 20 foot diameter concrete planter full of the most beautiful maroon foliaged grass….. it was stunning!

There were no little plant name signs to be found – you know, the ones that tell you the botanical name, the kind you almost always encounter on plants in a public arboretum So I started asking everyone who was wearing a Boerner ID badge what that beautiful maroon grass was. Unfortunately, I must have asked all the wrong people, because the two most common answers to my question were, “I don’t know what it is, but lots of people ask about it,” and “You should talk to Mary Peters: She would know.” Of course, we were there on a Sunday, and Mary Peters 22

| ogia.org

wasn’t. So I phoned Boerner the next day and left a message for Mary, who willingly returned my call and told me that the grass in question was Pennisetum setaceum ‘Rubrum,’ AKA Purple Fountain Grass.

Now I was in the search mode, and looked through all the catalogs in our files (attention kids: remember, this was 1983, and nobody had personal computers and the internet was just a glimmer in the eye of Bill Gates).

Amazingly, none of our suppliers had this really cool grass listed, so I pondered how I could “borrow” some from Boerner. That never happened, because about 3 months later, we received the newest edition of the Monrovia catalog, and there it was……

Pennisetum setaceum ‘Rubrum,’ listed as a “new” introduction for 1984. I also noticed that Monrovia listed this as a Zone 7 plant, but I figured if it grew in Milwaukee, it would surely do well in the sub-tropical realm of Northwest Indiana. So, I ordered 30 plants for Spring 1984 delivery. Of course, Monrovia oversold their production, and my 30 plants ordered got reduced to 7 plants delivered, but I finally had this stunning grass that had caught my eye at Boerner.

I had been working on a total renovation design in the Indiana Dunes area, and figured this would be a perfect place to test these plants, so I expounded the beauty of the maroon foliage to the client, and they gladly agreed to the inclusion of several Purple Fountain Grass plants in their new landscape.

I must say that, although the plants were small when we received and installed them, they did grow nicely, becoming almost 30 inches tall by September. The client loved them, and I proceeded to order 100 more from Monrovia for Spring of 1985. Here ends the “good” part of the story.

Jump ahead to late May of 1985 when I received a call from my Dunes client, saying that there was no evidence of the maroon grass plants in their landscape. At that point, I thought of two things: one was the recollection of the Monrovia catalog stating

Zone 7 hardiness, and the other was Mary Peters telling me the name of the grass.

Could she have been wrong? Was there actually another maroon leafed ornamental that was hardy in Milwaukee? There was only one way to find out, so I called Mary Peters again. When I told her why I was calling, she gave me a bit of information that she had somehow overlooked during our previous conversation: Boerner digs up all their Pennisetum setaceum ‘Rubrum’ and overwinters it in one of their greenhouses.

Yeah, I guess that would make a difference.

The other thing that was fortunate, for me, was that Monrovia had grossly oversold their 1985 crop and we received only 20 of the 100 Pennisetums I had ordered. So, we sold them as annuals, replaced the Dunes planting with a different grass (a green one) and continued on, avoiding maroon foliaged grasses except to sell them as annuals (which we still do). I suppose this brings us to the end of the “bad” section, except for the time I decided to divide the Pennisetum alopecuroides that I had planted at my home in the early 80’s. How difficult could this be…..?? Well, on a scale of 1 to 10….. let me just say that dividing established Pennisetums is challenging. They have a genuinely tough root system, and if you ask for my advice, two possibilities come to mind: 1.) a sharp axe or, better yet, 2.) explosives.

In the past 20 years or so, the industry has seen lots of new ornamental grass introductions, including many new Pennisetums. We’ve known P. alopecuroides ‘Hameln’ for quite some time, along with ‘Karley Rose,’ ‘Moudry,’ ‘Little Bunny,’ ‘Little Honey,’ ‘Red Head,’ and many others. These varieties all have specific ornamental characteristics that separate one from the other. However, they all seem to have one characteristic in common: they reseed. So why is this such a bad thing? Here begins the ugly (spelled U G L Y) part of this story.

Consider that all Pennisetums are warmseason grasses, meaning that they thrive in

the heat of summer, but enter dormancy each Autumn with the onset of frost. As such, they are rockin’ in the heat, while the Kentucky Bluegrass (decidedly a cool-season grass) in your lawn is saying, “enough, already! Who turned up the heat and turned off the water?”

Above: Pennisetum alopecurides seedlings in turf

Above: Pennisetum seedlings after mowing

Above: 24 hours after mowing: shredded Pennisetum

If there is a thin area in your lawn, and a Pennisetum is nearby, it’s seeds will likely find their way to that weak spot and establish a new plant amongst your turf, especially along driveways and concrete sidewalks.

And Pennisetums will tolerate drought much more readily that Kentucky Bluegrass could ever hope to, and usually possesses that dark green foliar color that most of us want in our lawns. So, then, what is wrong with a mixed planting of Penisetum alopecuroides and Poa pratensis? If you don’t know, just mow your lawn and you’ll find out (or, take the easier route and have a look at picture 1).

Pennisetum does not mow cleanly, regardless of how recently you sharpened your mower blades. The foliage shreds when mowed, and leaves these unsightly patches, as show in photos 2 and 3. Yes, it grows back, but simply shreds again at the next mowing.

We have had numerous people come into our garden center with samples of their lawn, asking, “what is wrong with my lawn?”

Our answer is that the lawn is not the problem, rather the ornamental grasses that want to grow as turf, but shred when they are mowed: these are the culprits. So, we, as an industry, need to be aware of this issue with one of our more popular ornamental grasses.

Look at Pictures 4 & 5 which were taken on November 12. Those brown patches you see are not some new fungal disease. They are Pennisetum alopecuroides ‘Hameln’ plants that invaded the previously sodded parkway in the entry to a subdivision. And in picture 5, you can plainly see the seed source in the background – a massing of Pennisetum.

How do you spell U G L Y ? Unfortunately, there is no herbicide currently available that will remove one perennial grass from another, so spot treating with Glyphosate followed by reseeding is the only available option. But… there may be a light at the end of this tunnel.

This brings us to modern day and the newest of the new batch of Pennisetrum varieties: the INFERTILE PENNISETUMS. There has been, and no doubt continues to be research and hybridization attempting to develop varieties of ornamental grasses that do not reseed. Orth Carolina State University and the University of Georgia have been instrumental in developing

infertile ornamental grasses, and there are now 5 patented varieties of Pennisetum that have entered the market place with claims of “no reseeding.” These Infertile Pennisetum varieties include: •

Pennisetum alopecuroides ‘Praline’ (PP 30724) grows ≈30” high; beige inflorescence

•

Pennisetum alopecuroides ‘Hush Puppy’ (PP 31027) grows 30-32” high; pink inflorescence

•

Pennisetum alopecuroides ‘Etouffee’ (PP #31062) grows ≈42” high; light pink inflorescence

•

Pennisetum alopecuroides ‘Cayenne’ (PP 31062) grows 24-26” high; dark red inflorescence

•

Pennisetum alopecuroides ‘Jambalaya’ (PP #31176) grows ≈38” high; maroon inflorescence

Please understand that I am not offering any endorsement of new varieties, because they have recently become available from wholesale growers in only the past 2 years.

We have trialed ‘Praline’ and ‘Cayenne’ and, to date, cannot vouch for their claimed infertility. But we are hopeful that these new grasses prove to be true to their claims.

So, here is my challenge to you. I hope you will make observations of these new Pennisetums in the next year or two. Plant them in areas where no Pennisetum has previously existed and just be watchful. The easiest time to observe the invasive problem is from early November, after frost has caused the warm-season grasses to go dormant, and all the way up to mid-April, before the really warm weather is upon us. Just look for small brown patches in lawn areas, and if seen, look at the actual plants that are brown (dormant). And let everyone know what you find.

And if you are landscape designer still focused on using ‘Hameln’ or one of the other “invasive” Pennisetums, consider the ramifications of your actions. Some customers will likely not even notice the mess made in cool-season turfgrass lawn, but you will probably see it, and will likely regret it.

There are several other ornamental grasses that are problematic in terms of invasiveness (reseeding), but that will remain as a story for a future article.

THE BUCKEYE | July/August 2022 |

23

Our team takes pride in designing units that meet your needs and space requirements.

BRINE/DE-ICER

BRINE/DE-ICER

200 or 300 gal

500, 750, or 1000 gal

SKID UNIT

DUAL SKID UNIT

THREE POINT

THREE POINT MISTER

30, 50, 100, 150, 200, 30, 50, 100, 150, 200, or 300 gal or 300 gal

55, 110, 200, 300, or 400 gal

40, 60, or 100 gal

Beaver Dam, WI 53916 800-433-3579 24

| ogia.org

BRINE/DE-ICER

PEST CONTROL

1300 gal

UTV

50, 68, or 110 gal

ULTRA LOW PROFILE

TREE SERVICE Tank size options

NURSE TRAILERS 1005, 1065, or 1300 gal

SPACE SAVER

TRAILERS

30, 55, 85, 100, 200, or 300 gal

VIEW SAVER

50, 68, or 110 gal

www.contree.com sales@contree.com

NOVEMBER 1 - 3, 2022

|

COLUMBUS, OHIO

midwestGREEN brings together green industry professionals from across the region in a uniquely multifaceted environment for business development, innovative technology showcasing, educational opportunities and networking.

Conference sponsors and exhibitors represent the best that the green industry has to offer. Along with providing valuable conference support and leadership, sponsors and exhibitors position themselves to connect with the industry’s most important stakeholders, to increase their brand visibility with this audience and to share expertise and thought leadership with the most influential players.

Visit ogia.org/MGSponsorsExhibits to secure your space!

|

GREATER COLUMBUS CONVENTION CENTER

CONFERENCE SCHEDULE TUESDAY | NOVEMBER 1 Exhibits open 12:15 - 4:00 PM 8:00 - 11:00 AM 10:00 AM - 12:15 PM

Exhibitor Set-up & Registration Educational Sessions

12:15 - 1:30 PM

Break & Exhibits

1:30 - 2:30 PM

Opening Keynote Speech (Exhibit Hall)

2:30 - 3:00 PM

Break & Exhibits

3:00 - 5:15 PM

Educational Sessions

WEDNESDAY | NOVEMBER 2 Exhibits open 8:30 AM - 4:00 PM & 5:00 - 7:00 PM 8:00 - 8:30 AM

Vendor Showcases

8:00 - 8:30 AM

OGIA Annual Business Meeting

8:45 AM - 12:15 PM

Educational Sessions

12:15 - 1:30 PM

Break & Exhibits

1:30 - 2:30 PM

Educational Sessions

2:45 - 3:45 PM

Collab Sessions & Exhibits

4:00 - 5:00 PM

Educational Sessions

5:00 - 7:00 PM

OGIA Celebrate Reception (Exhibit Hall)

THURSDAY | NOVEMBER 3 Exhibits open 8:30 AM - 1:30 PM 8:00 - 8:30 AM

Vendor Showcases

8:45 - 11:00 AM

Educational Sessions

11:15 AM - 12:15 PM

Closing Keynote Speech (Exhibit Hall)

12:15 - 1:30 PM

Break & Exhibits

1:30 - 3:30 PM

Educational Sessions

1:30 - 3:30 PM

OCNT & ODA Testing

1:30 - 3:30 PM

Exhibitor Tear Down

THE BUCKEYE | July/August 2022 |

25

HUMAN RESOURCE SPOTLIGHT EEOC Issues Guidance Regarding How Employer Software and Artificial Intelligence May Discriminate Against Individuals with Disabilities version of the test (for example, one in which the job applicant is able to provide responses orally, rather than manually) as a reasonable accommodation, unless doing so would cause an undue hardship.

BOB BETHEL

VP of HR & Learning Services

O

n May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) issued guidance addressing the application of the Americans with Disabilities Act (“ADA”) to employers utilizing software, algorithms, and artificial intelligence in hiring and employment decisions. The EEOC’s latest guidance reflects its goal of ensuring that employers utilizing technology in hiring and employment decisions are complying with federal civil rights laws. Below are some key takeaways on the new guidance.

•

Scope and Definitions The guidance implicates a broad range of technologies commonly utilized by employers including software, algorithms, and artificial intelligence.

Ways in Which Algorithmic DecisionMaking Tools May Violate the ADA The guidance discusses the three most common ways that an employer’s use of algorithmic decision-making tools could violate the ADA. This includes the following: •

26

When an employer fails to provide disabled job applicants and employees with “reasonable accommodations” that are needed for the assessment tool to be fair and accurate to the applicant or employee. The guidance makes clear that when an employer utilizes software tools, AI, or algorithmic tools to assess applicants or employees, the ADA requires reasonable accommodations are made for individuals if their disability will make it difficult to take such an assessment, or cause a less favorable result. For example, the EEOC states that a job applicant with limited manual dexterity may report that they would have a difficult time taking a knowledge test that requires a manual input device such as a keyboard or trackpad. In this case, the employer would need to provide an accessible

| ogia.org

•

When the technology “screens out” disabled individuals, whether intentional or not. “Screen Out” is unlawful when an individual who would be otherwise able to perform the essential functions of a job loses that job because they are unable to complete an assessment, or their performance on that assessment suffers, as a result of their disability. This may happen even when an assessment professes to be “bias-free.” For example, if a chatbot is programmed with an algorithm that rejects all applicants who, during the course of their “conversation” with the chatbot, indicate that they have significant gaps in their employment history. If a particular applicant had a gap in employment, and if the gap had been caused by a disability (for example, if the individual needed to stop working to undergo treatment), then the chatbot may function to screen out that person because of the disability.

When the assessment contains “disability-related inquiries” or functions as an impermissible “medical examination.” Any questions that may prompt an employee or applicant to provide information about a disability or if the individual has a disability, whether directly or indirectly, is a “disability-related inquiry.” Questions seeking information about an individual’s physical and mental impairments, or health may also qualify as a “medical examination.”

Employer Responsibility for Vendor Technology Importantly, the EEOC guidance states that employers are generally responsible for the discriminatory effects of software utilized in the hiring process even when the software

is utilized by third-party on behalf of the employer.

Best Practices for Employers •

Inform applicants or employees about how an assessment will be conducted, let them know accommodations are available if needed and explain the procedure for requesting such accommodations;

•

Explain what traits an assessment is designed to measure and how that measurement will be conducted;

•

Develop other methods of evaluating employees and candidates when the standard tools may disadvantage individuals with disabilities;

•

Ask all vendors and third-parties acting on behalf of the company to conduct assessments to forward all requests for accommodation, or require the third party to provide reasonable accommodations as required by the ADA;

•

Ensure technologies used to assess employees and applicants were designed to be accessible to individuals with a wide range of disabilities;

•

Make sure assessments only measure traits, skills, abilities, or qualities necessary for the job, and measure those qualities directly; and

•

Confirm that software and apps, algorithms, artificial intelligence, and other assessment systems do not ask questions about disability, physical or mental impairments, or health unless those questions are related to requests for reasonable accommodation.

Source: James Hays, Jamie Moelis and Wolfram Ott Sheppard Mullin Richter & Hampton 333 Hope Street, 48th Floor Los Angeles, CA 90071

OGIA EVENT CALENDAR Subject to change. Visit ogia.org/events for more information.

July 14

The Schedel Arboretum & Gardens Diagnostic Walkabout 9:00 a.m.

July 28

Franklin Park Conservatory Diagnostic Walkabout 9:00 a.m

August 11

Stan Hywet Hall and Gardens Diagnostic Walkabout 9:00 a.m

September 13

OGIA Golf Classic Safari Golf Club - Powell, OH

September 22

Sunset Memorial Park Diagnostic Walkabout 9:00 a.m

October 6 October 12 - 13

November 1 - 3

OGIA Connect Networking Event Greenleaf Landscapes, Inc. - Marietta, OH

September 15

Cascade Lighting, Inc.

19

Contree Sprayer & Equipment

24

D a v i s Tr e e Fa r m & N u r s e r y, I n c .

13

Ernst Conservation Seeds, Inc.

4

Ohio High School Landscape Olympics Ohio State ATI Midwest Green 2022 Greater Columbus Convention Center

OTHER EVENTS OF INTEREST July 26

ADVERTISER INDEX

Ohio EPA’s Regulations—What You Need to Know to Stay Out of Trouble!

Webinar NGLCO Field Day Losely Nursery - Lake County, OH

E v e r g r e e n S e e d S u p p l y, L LC

13

Fa i r v i e w Eve rg re e n N u r s e r i e s , I n c .

18

G r e e n Ve l v e t S o d Fa r m s L t d .

24

M i l l c r e e k G a r d e n s L LC

4

N o r t h B r a n c h N u r s e r y, I n c .

4

Premier Plant Solutions

S p r i n g M e a d o w N u r s e r y, I n c .

14

6

A D R AT E S & I N F O Contact Sara Cantees sara@ogia.org

THE BUCKEYE | July/August 2022 | 27

Ohio Green Industry Association P.O. Box 518 Dublin, Ohio 43017-9998 Address Service Requested

DIAGNOSTIC WALKABOUTS Discuss how to find, diagnose, and control landscape pests during early mornings walks in a variety of public parks and green spaces.

These interactive, hands-on, in-themoment experiences provide a unique alternative to traditional classes or passive reading. Attendees are invited to ask questions and take pictures for future reference. It’s an informal and comfortable learning experience.

Discussions are tailored to the audience, weather and time of year, and characteristics of the location—no two walkabouts are ever the same.

For more information, visit ogia.com/walkabouts