Business Magazine July 2022

Page 1

J u l y2 0 2 2


World Class Youth Education That Delivers RESULTS RESULTS!!

 Leadership Training

 Career Exploration

 Skills Development

 Workforce Development

 Business Education

 Financial Literacy

For more information on how to sponsor students, volunteer opportunities and more, visit www.PFEW.org

Please consider supporting us on Erie Gives Day on August 9th!


BUSINESS

VOL. XXXV NO. 7 | JULY 2022

MAGAZINE

SPOTLIGHT Q&A:

SISTERS OF ST. JOSEPH NEIGHBORHOOD NETWORK SHARES VOLUNTEER IMPACT

PLUS:

SEE THE RESULTS OF THE MBA’S 2022 CELEBRATING MORE THAN 25 YEARS OF PROVIDING WORKFORCE SURVEY

FREE SUPPORT FOR GRIEVING CHILDREN, FAMILIES


Your business has goals. We have the tools to achieve them.

Comprehensive financial solutions for businesses of all sizes. You’ve got a vision for your business. As a leader in helping companies of all sizes grow, FNB can help you achieve it. You’ll find a wide range of flexible financing and leasing options to fund your growth, powerful tools to optimize cash flow and risk management solutions to protect your business. But we also provide interest rate risk management solutions, international banking products and services, and access to the capital markets to address your more complex needs.

Expand Your Business | Maximize Cash Flow | Expand Internationally | Manage Risk Care for Your Employees | Combat Fraud | Manage Interest Rate Risk | Gain Efficiencies

Member FDIC | NYSE: FNB

Let’s get started. Schedule an appointment at fnb-online.com.


FEATURES WHAT’S INSIDE | FEATURED STORY

3

Making a Difference The positive impact of employers getting involved and giving back

COVER STORY | LOCAL PROFILE

4

Highmark Caring Place Since dedicating its first facility in Pittsburgh 25 years ago, the Highmark Caring Place has provided grief support to more than 100,000 children, adults and community members.

SPOTLIGHT Q&A | NONPROFIT

7 DEPARTMENTS 10

BUSINESS BUZZ WHAT’S NEW

11

PEOPLE BUZZ

17

HR CONNECTION

18

LEGAL Q&A

EVENTS 21 NETWORKING AND MORE

See the latest happenings at the MBA and with members in the region!

WORKPLACE TRENDS

getting involved.

EDITORIAL LEGAL BRIEF | WORTH NOTING

9

AWARDS AND PROMOTIONS READ ON THE GO! For the most current Business Magazine updates, visit mbabizmag.com

GET ANSWERS

Executive Editor Karen Torres ktorres@mbausa.org

Feature Photography Rob Frank R. Frank Media

Design, Production & Printing Printing Concepts Inc. printcon@erie.net

Contributing Writers Eileen Anderson Matthew Cuomo Tammy Lamary-Toman

Addtional Photography iStockPhoto Casey Naylon Patty Welther

Advertising Sales Frank Mehler 814/833-3200 fmehler@mbausa.org Chris Peterson 814/833-3200 cpeterson@mbausa.org

Heather May Caspar, MPA, executive director of the Sisters of St. Joseph Neighborhood Network (SSJNN), talks about the importance of volunteering to her own organization — and others — and why employers should consider

Third-party harassment: What employers need to know. Lauren Holler

PROFILE | TAX & ACCOUNTING

13

ITW Tax, a professional accounts and taxation service provider located in Kingston, Pennsylvania, highlights its core competencies and services.

ON THE HILL | FEEDBACK

15

The results are in! Learn what members are saying in the MBA’s 2022 Government Affairs Workforce Survey. Eileen Anderson

On the Cover: The Highmark Caring Place has touched thousands of lives in the community thanks to its dedicated

staff and volunteers. Shown here are (seated, from left): Volunteer Services Coordinator Kristen Huber, Education and Outreach Coordinator Conor Dawley, Office Coordinator Davina Pacley, School Services Coordinator Jonathan Williams and Associate Child Grief Specialist Janey Morell. Back row, from left: Program Manager Kristie Nosich, Executive Director Terese LaVallee and Family Services Coordinator Sandy Mantsch. For full story, see page 4.

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 Headquarters: 2171 West 38th Street Erie, PA. 16508 Pittsburgh: 600 Cranberry Woods Drive, Suite 190 Cranberry Township, PA 16066 814/833-3200 |800/815-2660 | www.mbausa.org

© Copyright 2022 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.

mbabizmag.com • JULY 2022

1


Grow your business and switch to our new

Business Plus Checking! It’s a Business Checking account that pays YOU with all the tools you need and the extras you want!

It’s just good BUSINESS. Switch your account now... it’s easy! Visit our Business Services Center to get started at eriefcu.org/business, stop at any branch office or call (814) 825-2436

Insured by NCUA Business Membership eligibility required.

MBA Ad 0122.indd 1

VIBRANT COMMUNITY

1/11/22 2:19 PM

Charitable organizations enhance our quality of life and help sustain a thriving, diverse and inclusive community. Knox Law applauds your contributions. We are pleased to support you with our resources and our volunteer service — it’s part of our commitment to a bright future.

Knox McLaughlin Gornall & Sennett, P.C. Erie | North East | Pittsburgh | Jamestown, NY 814-459-2800 | www.kmgslaw.com

2

JULY 2022 • mbabizmag.com


MAKING A DIFFERENCE

WHAT’S INSIDE | FEATURED STORY

THE POSITIVE IMPACT OF EMPLOYERS GETTING INVOLVED AND GIVING BACK Although employers are in business to make a profit, that doesn’t mean they shouldn’t seek opportunities to make a difference. Getting involved in the community is not just a good thing to do, it can also be a savvy business move. According to experts, when a business engages in giving back to the community, it helps your brand. Ultimately, your customers — and your employees — will respect you and the way you are supporting the community. It will also encourage potential customers to buy from you. In fact, a survey by Morning Consult for Fortune found that Millennials were more likely to want to work for a company, as well as buy its products, if it donated to charities compared to one that didn’t. Aside from monetary donations or sponsorships, volunteering is also a great option for companies to get involved in their communities. Local organizations are almost always looking for volunteers within the community. While attaching a major organization to your brand’s image can be tempting, sometimes helping your immediate community can have a greater impact. “As small businesses, we know firsthand the impact of community,” stated Reece

Kresser, co-founder of Zizi. “A lot of us rely on our neighbors and networks to help us thrive, so it seems natural that the people we look to serve in our communities would be the same people that have supported us in the past.”

helped to raise awareness of the needs of grieving children, provide programs to address those needs, and empower the community to support children who have experienced the death of a loved one — free of charge.

“Local fundraisers and community service projects can make a big impact on a very important group of consumers for your brand,” stated Max Schwartzapfel of Fighting for You. “As a small business, word of mouth and community awareness of your presence can be the difference between surviving or thriving. Take a look around your local area, and join an existing effort or find something you can do to make a difference for your neighbors.”

In addition, we’ll talk with Heather May Caspar, executive director of the Sisters of St. Joseph Neighborhood Network, on the importance of volunteering to her organization — and others — and the many benefits that it provides to employers and their employees today.

In this issue of the MBA Business Magazine, we’ll highlight the many ways that nonprofit organizations are making a difference today, including the Highmark Caring Place. For more than 25 years, the Caring Place has

Plus, be sure to join us for our July 21 IMPACT Luncheon and Volunteer Fair when we’ll share some of the great opportunities available for employers to get involved in our region. To learn more or register, visit mbausa.org!

GET SAVVY ABOUT GIVING! mbabizmag.com • JULY 2022

3


COVER STORY | LOCAL PROFILE

Highmark Caring Place Manager Kristie Nosich and Highmark Vice President of Regional Markets Jim Teed are proud of the partnership that has allowed the Caring Place to provide grief support services free of charge to children, teens and families throughout northwestern and central Pennsylvania.

Celebrating More Than 25 Years of Providing Free Support for Grieving Children, Families In 1997, the Highmark Caring Place officially dedicated its first facility in Pittsburgh to provide free support for grieving children and their families. Twenty-five years later, the nonprofit agency operates facilities in Erie, Pittsburgh and Warrendale, as well as Lemoyne near Harrisburg, Pennsylvania, and continues to make an impact on the thousands of lives — and communities — it has touched. “We weren’t the first grieving center in the nation, but I’m happy to report that we’re now the largest,” explains Executive Director Terese LaVallee, a licensed psychologist who joined the agency in 2001. Much of that impact is thanks to a dedicated group of staff and volunteers who support the Caring Place, as well as the continued financial support of Highmark Blue Cross Blue Shield — one of the largest health insurance organizations in the country today. As Jim Teed, vice president of Regional Markets for Highmark, explains, “The Highmark Caring Place is a shining example of Highmark’s commitment to the communities it serves and a perfect example of how it looks far beyond medical care to address the needs of the whole person — in this case — being there for them during one of the most stressful times of their lives.”

4

JULY 2022 • mbabizmag.com

Call to Action

Before the 1980s, service and support for uninsured children was not really on anyone’s radar in western Pennsylvania. That would soon change following the downturn in Pittsburgh’s steel industry in 1985. At that time, thousands of out-of-work steelworkers and their families turned to their churches for help with the health care for services they could no longer afford for their kids, and a group of Presbyterian ministers responded by asking what they could do. On a mission to help, the ministers then approached Blue Cross of Western Pennsylvania and Pennsylvania Blue Shield (now Highmark Blue Cross Blue Shield). Recognizing the need, Highmark soon established the Caring Foundation, a charitable organization to provide community support. The Foundation would go on to form the Caring Program, a children’s health insurance program upon which the Children’s Health Insurance Program of Pennsylvania (CHIP) was modeled, which itself became a model for the present federal S-CHIP program. The mission of the Caring Foundation is to “Identify the unmet needs of children and families in our community and create innovative programs to meet those needs.” Following the success of the Caring Program, the Caring Foundation then moved on to address another unmet need — the needs of grieving children. The idea for the Highmark Caring Place was inspired by the personal loss experienced by the Foundation’s then executive director, who, while looking for help for his grieving son, discovered a gap in services for children grieving the loss of a family member. Since that time, the program has become a national model for grief support, serving more than 100,000 children, adults and community members. The Highmark Caring Place also created Children’s Grief Awareness Day, an annual observance designed to raise awareness of the needs of grieving children. Since

A Presbyterian minister, Fred Rogers of “Mister Rogers’ Neighborhood,” was the honorary chairman of the Highmark Caring Foundation and was instrumental in its founding. He spoke at the dedication of the first Caring Place center in Pittsburgh in 1997.


loved ark Caring Place after the loss of a Eric Estrada is helped by the Highm me volunteer Erica Ratkowski. one. Estrada is shown here with longti

its inception, it has grown into a national and international day of observance on the third Thursday of November each year. “We are deeply grateful that we have been able to help grieving families find hope again after tragedy,” Terese LaVallee explains.

Services and Support

The Highmark Caring Place is unlike any program of its kind, helping children — birth to age 18 — and their families navigate one of the most challenging times of their lives.

Dedicated volunteers are critical to the programs that the Caring Place provid es.

Dedicated Staff and Volunteers

All the services and support provided by the Highmark Caring Place require a committed staff and small army of approximately 800 dedicated volunteers across the state of Pennsylvania. Many of them have been serving the Center for more than 10 years, with several marking their 25th year in 2022.

Child focused and family centered, the Highmark Caring Place provides support through in-facility peer-support programs and school partnerships, referrals, telephone support, and training and education programs and consultations in the community.

Erica Ratkowski, a 15-year volunteer of the Caring Place and school counselor in Erie, says the Caring Place provided her with an amazing opportunity to help others. “I’ve worked with some of the nicest people I have ever met in my entire life. And I mean that, just extremely compassionate, caring people, and the staff are extremely supportive, and they just help give us direction.”

Even during the height of the COVID pandemic, the Center utilized videoconferencing, web resources and social media to expand and enhance the way it delivers support since in-person meetings were paused.

Caring Place volunteers provide structure and support as well as safety and security to the groups. They help create an environment where kids can talk about things that are hard — things they can’t talk about at school, or with friends or even family.

“We found new ways to facilitate sessions,” says LaVallee, “and we learned Zoom together.”

Most volunteers spend their time interacting with the families on group nights at the Caring Place, as facilitators, greeters or food servers, while other volunteers work on special projects or help sew the quilts — one of the most treasured projects of Caring Place families. Each square represents a memory of a loved one, and dozens of quilts are on display at each location to this day.

Facilitating peer support is vital to the Caring Place’s program. “Peer support is about bringing kids with other kids together, adults with other adults so that they meet people who understand what they’re going through,” explains Kristie Nosich, child grief specialist and manager of the Highmark Caring Place in Erie. “Their stories are not going to be the same, but when you see children talk about feeling alone, feeling angry, feeling sad, and then another child across the table was nodding their head like this and saying, ‘I feel that way too,’ it’s very impactful to meet someone else who understands what you’re going through.” For younger children, the Caring Place’s preschool program (for those birth to age 5) — the first of its kind in the country — gives voice to young children who are grappling with loss — many for the first time. The rooms, which look much like a daycare, with dress-up clothes, dolls, and blocks, allow children to express their grief through play. “One of the most powerful stories was a little boy who was about three or four, and he lost his baby sister. He came in and went straight to the baby dolls and carried a baby doll around and said, ‘I need to feed my baby sister,’ ” recalls Nosich. “We had to make sure that baby doll was with him at all times. That doll had to go home with him a couple nights because he didn’t want to let that baby go.”

One of the many hallways displaying memory quilts for loved ones who have passe d.

“We often have families who will come back, very similar to visiting the cemetery on the date of the death or the birthday of the person who died. They will come back and visit their quilt square or bring extended family in to see it. It becomes part of the tradition in their family,” LaVallee says. “They are on display at all our centers.” In many ways, the quilts also symbolize the commitment that the Highmark Caring Place has made to the community, a bond that continues more than 25 years later. “I’m just so proud that Highmark puts its arms around children and their families during this time of need, and does so at no cost to them,” says Teed.

The Highmark Caring Place was established to help raise awareness of the needs of grieving children, provide programs to address those needs, and empower the community to support children who have experienced the death of a loved one. Financial support from Highmark allows the Caring Place, with facilities in Lemoyne, Erie, Pittsburgh and Warrendale, Pennsylvania to offer its programs at no cost to the families and the community. PITTSBURGH 620 Stanwix Street Pittsburgh, PA 15222 Phone: 888/224-4673

ERIE Bayview Office Park, Building 2 510 Cranberry Street Erie, PA 16507 Phone: 866/212-4673

LEMOYNE 3 Walnut Street, Suite 200 Lemoyne, PA 17043 866/613-4673

WARRENDALE 200 Warrendale Village Drive Warrendale, PA 15222 888/734-4073

For more information, visit www.highmarkcaringplace.com.

mbabizmag.com • JULY 2022

5


Your Life. Your Business. Our Expertise.

DIVERSE PRODUCTS AND SERVICES For more than 97 years, Loesel-Schaaf Insurance Agency, Inc. has been an independent multi-line insurance agency, offering a wide array of products and services. Growing to four separate divisions, encompassing just about every insurance need possible, the Agency has become one of the largest “one-stop shops” for businesses and individuals across the tri-state area and beyond. “Having a professional staff averaging 25 years of insurance industry experience, we effectively solve problems for our clients,” says Doug Loesel, Chairman of the Board. “We have a vast reservoir of knowledge from which to draw and a team approach is often utilized. Someone on staff has most likely tackled just about any challenge and together we can find a solution.”

Commercial Insurance Integrated risk management

Coverage that keeps up with your industry.

Employee Benefits Intelligent advice

Because circumstances change, Loesel-Schaaf offers a complimentary review of policies, personal or business, to ensure adequate protection.

Programs that support your goals.

Personal Insurance Custom-designed peace of mind

Insurance that works as hard as you do.

LOESEL-SCHAAF INSURANCE AGENCY, INC. 3537 West 12th Street Erie, PA 16505-3650 Phone: (814) 833-5433 Fax: (814) 838-6172

Individual Life & More For your peace of mind Affordable solutions that protect your lifestyle.

Medicare Options For your lifestyle and needs

Help with your Medicare choices.

2014 Roar on the Shore Non-profit Beneficiary

A ministry of the Sisters of St. Joseph of Northwestern Pennsylvania

239 East 12th Street Erie, PA 16503 814-836-4153

OUR OUR MISSION MISSION IS IS TO TO HELP HELP THEM THEM SUCCEED. SUCCEED. ARE YOU IN?

INNOVATION IN WATER MANAGEMENT Offering a full range of innovative water management treatments, ProChemTech can create the perfect water treatment system for your unique facility.

CONTACT US

Visit our website to learn more.

UnitedWayErie.org

6

JULY 2022 • mbabizmag.com

We are your local Pennsylvania-based water treatment experts. P: 814-265-0959 | E: Prochem@Prochemtech.com | W: prochemtech.com


SPOTLIGHT Q&A| NONPROFIT

Sisters of St. Joseph Neighborhood Network Shares Impact of Volunteers Whether it’s higher employee retention, increased productivity or higher morale, research shows there are real benefits to volunteerism when it is incorporated into a company’s work culture. Here, Heather May Caspar, MPA, executive director of the Sisters of St. Joseph Neighborhood Network (SSJNN), talks about the importance of volunteering to her own organization — and others — and why employers should consider getting involved. The Sisters of St. Joseph Neighborhood Network, sponsored by the Sisters of St. Joseph of Northwestern Pennsylvania, has been dedicated to serving the needs of Erie’s Little Italy and revitalizing the neighborhood since 2000. Tell us how the organization got its start. In the late 1990s, the Sisters of St. Joseph running Saint Vincent hospital commissioned a study of the surrounding neighborhoods, assessing various social determinants of health. Little Italy needed a lot of love, and two Sisters spent a year knocking on every door, asking how they could help. Food insecurity topped the list, so these Sisters asked the families at St. Paul’s RC church if they’d help run a weekly soup kitchen meal. That was the very first SSJNN program, and 22 years later, a couple of SSJNN staff and a lot of volunteers still serve a hot meal every Monday at St. Paul’s. Tell us about the types of programs available through SSJNN. Our programs and our footprint have grown! We now serve neighborhoods right across Erie, from Cranberry Street to East Ave. Our food programs have (literally) blossomed into six gardens, two orchards, one urban farm, and the Little Italy Farmers Market that runs every Monday, June through September. Our revitalization programs demolish blight, rehabilitate homes, create new parks and green spaces, and install public art. We have a BIG bicycle program that recycles bikes, fixing and giving them away to folks in need. And our Genesis housing program provides a pathway for first-time home buyers. We also have a great, first job program for young teens, academic tutoring, after-school enrichment activities, and mentoring. Most importantly, we form strong relationships with our neighbors.

Every program is born from direct needs as expressed by our neighbors. We know volunteering can have a positive impact on individuals and organizations. Tell us what you’ve seen at SSJNN. I sometimes say SSJNN has just a small staff, but a small army of volunteers. We could not get our work done without them. That’s not platitude. We tried it. When COVID first shut everything down and we couldn’t ensure their safety, we closed non-essential programs and our 10 staff soldiered through without volunteers, handling as much as we could. It was not pretty, and it’s a wonder we still like each other. I say that in jest because our staff is amazing. But, when we’re cruising along with our 300-plus volunteers, anything is possible. Our volunteers join us for so many reasons. Some say volunteering helps them stay active after retirement and feel ‘relevant.’ Some help through their church or social organization or a workplace program. Many are simply the kind of folks who see people in need and feel a strong calling to make a real difference in the lives of others. Why should employers consider getting involved in volunteer efforts? There are the usual — and important — elements of corporate social responsibility, and the idea of fostering the communities where employees live or work. But plenty of mutually beneficial reasons drive employers to create incentivized volunteer programs. A simple litter clean-up helps employees get to know Erie’s neighborhoods as more than just a work destination, and they feel more at home and part of something bigger than an eight-hour shift. We’ve had teams spend an afternoon dismantling and cleaning bicycle

parts or prepping garden beds. These shared experiences allow unique skills, interests, and sometimes new leaders to emerge within a team. And there’s always lots of laughter. What are some of SSJNN’s big plans for 2022? This summer, three new murals are going to be show-stoppers. Two will frame the intersection of Peach and 26th Streets, right at the top of the historic Federal Hill neighborhood. The third mural will be incredibly special for the Little Italy neighborhood, as it will be created over the course of three weeks with community painting sessions (all are invited!) and installed at Odessa’s Place, right beside International Bakery. This mural will include a wayfinding map key providing a starting point for garden and art and informational history walks throughout historic Little Italy. And, of course, we’re still serving weekly meals at St. Paul’s and hosting a dozen farmers at the Little Italy Farmers Market all summer! We’re looking forward to your presentation at the MBA’s IMPACT & Volunteer Fair on July 21 in Erie. Why do you believe employers should attend? There is literally no easier way for an employer to find out about the many volunteer opportunities out there. Just waiting for you! What are some other ways to connect with SSJNN? Check out our website, www.SSJNN.org. Have a novel idea for a neighborhood-based volunteer project? We are IN. We are easy to find on Facebook and Instagram, and we love posting pictures of the great work our volunteers do.

mbabizmag.com • JULY 2022

7


NEXT LEVEL COMMERCIAL BANKING WITH PURPOSE Northwest Bank’s commercial team is here for you, ready to provide the tailored solutions and personalized advice you need to grow your organization. Dedicated to serving business, nonprofits and economic development initiatives throughout Erie County, Anita Kuchcinski and Katie Ruffa welcome Nate Ross to Northwest’s dynamic commercial team. Together, they’re committed to delivering the expert guidance and local decision-making that Erie’s business community deserves. From treasury management and financing to investment management and employee benefits for businesses big and small, consider our team an extension of yours.

Contact our commercial lending team today! Anita Kuchcinski anita.kuchcinski@northwest.com (814) 461-6992 Nate Ross nathan.ross@northwest.com (814) 461-6944 Katie Ruffa kathryn.ruffa@northwest.com (814) 461-6963

www.northwest.com All loans subject to credit approval. Only deposit products offered by Northwest Bank are Member FDIC.


Third-Party Harassment:

LEGAL BRIEF | WORTH NOTING

What Nonprofit Employers Need to Know occurs where receipt of job-related benefits or opportunities is conditioned upon enduring the offensive conduct. A hostile work environment occurs where the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile or abusive. In the nonprofit setting, dynamics to be aware of include, but are not limited to: • Employee-to-client or volunteer-to-client relationships; • Employee-to-volunteer relationships; and • Donor-to-employee or donor-tovolunteer relationships.

Lauren A. Holler is an associate at MacDonald Illig Attorneys. She is a member of the firm’s Labor & Employment, Litigation, Business Transactions, and Charitable & Nonprofit Organizations Practice Groups. Just like any other employer, nonprofits have an affirmative duty to investigate and, when necessary, remediate discriminatory conduct if management knows, or has reason to know, that an employee is being subjected to illegal discrimination, including harassment and retaliation. Employers are often aware of their obligation to prevent unlawful harassment between employees in the workplace. But did you know employers may also be responsible for the acts of nonemployees? This is especially true in the nonprofit setting where a combination of employee, client, donor, and volunteer relationships can — if an organization is not careful — present unique challenges when it comes to preventing harassment. The Laws Federal laws including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act (collectively, “EEO” laws), make

it illegal to base employment decisions on characteristics such as race, color, religion, sex (including pregnancy, transgender status and sexual orientation), national origin, age, disability or genetic information. The Equal Employment Opportunity (EEO) laws also prohibit harassment against an employee because of these characteristics and include anti-retaliation provisions. Most employers with at least 15 employees are covered by the EEO laws (except for age discrimination, which requires 20 employees). State or locality specific laws often contain more protective language for employees. For instance, the Pennsylvania Human Relations Act generally applies to employers with four or more employees. Third-Party Harassment The EEO laws, unequivocally, require employers to provide employees with nondiscriminatory working conditions. While employers do not always have the ability to control the actions of a third party, working conditions are not affected only by those inside the organization itself. Therefore, employers must educate themselves and their workforce about third-party harassment. Third-party harassment is defined as unwelcome conduct based on a protected characteristic committed by someone other than a fellow employee or supervisor at the organization. Typically, harassment becomes unlawful under two circumstances: quid pro quo harassment and hostile work environment. Quid pro quo harassment

For example, a donor who makes sexual advances in exchange for securing a contribution, or a volunteer who flirts constantly with a staff member making suggestive comments and asking inappropriate personal questions, may have created a hostile work environment. Independent contractors and vendors from other companies who interact with the organization regularly may also affect working conditions (e.g., vendor who stocks the snack machine in the breakroom repeatedly makes racial jokes). With respect to employer liability for thirdparty harassment, courts typically apply the same standard applicable for co-worker harassment. Employers are held liable where the employer knows or should have known of the conduct and fails to take immediate and appropriate corrective action. This theory of liability is grounded in the employer’s negligence and ratification of the harassment through its failure to take appropriate and reasonable responsive action rather than in the harassing act itself. Bottom Line Quick and proper response to harassment allegations is essential to avoid liability no matter where the illegal behavior comes from, an employee or a third party. Nonprofit employers should address third-party harassment claims with employees, the board of directors and volunteers as part of regular harassment training and provide specific examples such as the ones mentioned above. Nonprofit employers should also review their existing anti-harassment policy to ensure that it is broad and clearly explains the procedures for reporting third-party harassment. For questions about harassment training or legal matters regarding nonprofit organizations, contact Attorney Lauren A. Holler 814/870-7605 or lholler@mijb.com.

mbabizmag.com • JULY 2022

9


BUSINESS BUZZ | WHAT’S NEW SAVE THE DATE! ERIE GIVES SCHEDULED FOR AUGUST 9

Each August, Erie Gives raises millions for local nonprofits, and this year the event will run from 8 a.m. to 8 p.m. Tuesday, August 9. Presented by The Erie Community Foundation and its sponsors, the signature event promotes the nonprofit sector, giving community members the chance to be a philanthropist with a gift of $25 or more. All gifts made and all pledges fulfilled on this day receive a prorated percentage match from a pool provided by local organizations, making gifts even more powerful. For more information, visit https://www.eriegives.org or see the Foundation’s ad on page 20.

ASBURY WOODS RESTORES MEADOW AT BROWN’S FARM

Starting in June, Monarch Vegetation Services, based in Cochranton, Pennsylvania, began rehabilitation of a portion of the meadow area at Browns Farm, which is part of the 216 acres of property encompassing Asbury Woods. The rehabilitation of the meadow areas will include mowing, removal of various woody plants, treatment of invasive species, and then over-seeding the site with a custom mix of native grasses, plants, and flowers. The project is expected to happen in several phases over the next two to three years. Asbury Woods Executive Director Jennifer Farrar noted, “This is an important project in our efforts to manage and protect the property. We’re grateful to Erie Insurance for the grant funding that allows us to move forward on the first phase of the meadow rehabilitation.” She continued, “In spring 2020, we worked with Monarch Vegetation’s sister company, Meadville Land Services, to restore areas of our property that were impacted when we rebuilt the boardwalk near the Nature Center. Thanks to their expertise, two years later, you’d never know heavy equipment and construction had taken place. We look forward to their assistance on this important conservation initiative.” For more information, visit asburywoods.org.

Erie Gives raised more than $7 million in 2021 and $6 million in charitable donations in 2020. This year’s Erie Gives will be held August 9.

NATIONAL FUEL GAS COMPANY FOUNDATION AWARDS $190K IN GRANTS TO COMMUNITY NONPROFITS The board of directors of the National Fuel Gas Company Foundation (Foundation), the charitable giving arm of National Fuel Gas Company (National Fuel), recently held its quarterly meeting and approved Foundation grants totaling $190,000.

According to David P. Bauer, Foundation President and President and CEO of National Fuel, our Foundation is committed to initiatives that uphold health and vitality across our service territory, evidenced by our recent grant recipients. “The Foundation proudly supports the food banks in the communities where we live and work,” Bauer said. “Today, we are happy to announce a five-year commitment to FeedMore WNY to help further its mission to alleviate hunger in Cattaraugus, Chautauqua, Erie and Niagara counties.” In addition, the board approved grant requests to the following nonprofits in Pennsylvania that advance community education and development: • expERIEnce Children’s Museum • Pennsylvania Parks & Forest Foundation for the benefit of Sinnemahoning State Park The National Fuel Gas Company Foundation is a 501(c)(3) private foundation funded entirely by National Fuel through shareholder funds to better establish National Fuel’s commitment to the community. Foundation focus areas include the underserved/economically disadvantaged, education, community vitality/economic impact and veteran services. For more information, visit https://www.nationalfuel.com.

SIX EDUCATIONAL NONPROFITS AWARDED MORE THAN $317,000 IN ERIE INSURANCE GIVING NETWORK ‘INVESTING IN OUR FUTURE’ GRANTS

The Erie Insurance (ERIE) Giving Network has announced $317,500 in grants, supporting six nonprofits serving students in Erie, Pennsylvania. The grants are part of Erie Insurance’s Investing in Our Future competitive educational grants initiative, aimed at strengthening the alignment between instructional programming and outof-school time activities and supporting early childhood education in the city.

10

JULY 2022 • mbabizmag.com

Erie Insurance has donated more than $620,000 as part of the company’s Investing in Our Future grant program since it was launched in 2021. This grant funding is in addition to the $824,000 that ERIE awarded in April to 23 education nonprofits through Pennsylvania’s Educational Improvement Tax Credit (EITC) program. The 2022 Investing in Our Future grant recipients include Erie Arts & Culture, Erie Police Athletic League, Early Connections, Erie Playhouse, Gannon University and Child Development Centers, Inc. Individual project grants this year ranged from $27,500 to $75,000. “For nearly 100 years, Erie Insurance has been committed to doing the right things in the communities we serve,” said Ann Scott, community outreach manager for Erie Insurance. “That’s why we’re excited to continue the Investing in Our Future grant program for nonprofits to help impact our community’s goal of eliminating poverty through education.” According to Scott, ERIE’s Charitable Giving Committee aspires to impact generations through this proactive grant program. The committee was impressed by the focus in this year’s grant applications on providing access to high-quality primary education and supporting the well-being of students. Early Connections will use ERIE’s Investing in Our Future funding to support its Early Explorers Summer Program. The grant will help provide staff training for those working with traumatized youth and summer educational programming for at-risk or victim preschoolers. “Erie Insurance continues to demonstrate its commitment to our community’s success,” said Michelle Harkins, executive director of Early Connections. “We appreciate ERIE’s support of Early Explorers, helping children attending kindergarten in Erie’s Public Schools this fall prepare for success educationally and emotionally. In addition, the Early Explorers Summer Program helps engage parents and guardians in their child’s learning, while offering fun, family events throughout Erie County.” To learn more about ERIE’s Investing in Our Future grant program, visit erieinsurance.com/ givingnetwork/investinginourfuture. For more information about ERIE Insurance, visit www.erieinsurance.com.


PEOPLE BUZZ | AWARDS AND PROMOTIONS

FOUR MACDONALD ILLIG PARTNERS RECOGNIZED AS 2022 PENNSYLVANIA SUPER LAWYERS

FOUR MACDONALD ILLIG ASSOCIATES RECOGNIZED AS RISING STARS IN 2022 PENNSYLVANIA SUPER LAWYERS

Delaney is a trial lawyer and has experience litigating a wide variety of matters, from shareholder disputes to personal injury. In general, the focus of his practice is commercial litigation. Delaney has litigated disputes in the federal and state courts throughout Pennsylvania and in various other jurisdictions. He has also handled numerous complex commercial disputes before arbitration tribunals, including panels convened through the American Arbitration Association and the International Chamber of Commerce.

Cressman primarily focuses his practice on counseling businesses and school districts. While the majority of his practice relates to transactional and the dayto-day business issues facing his clients, Cressman is experienced in litigation and prepared to advocate for his clients in court, at arbitration, or in an administrative hearing.

MacDonald, Illig, Jones & Britton LLP recently announced that partners W. Patrick Delaney, Nicholas Pagliari, Lisa Smith Presta and Roger H. Taft have been selected as 2022 Pennsylvania Super Lawyers. Only 5 percent of attorneys in Pennsylvania are chosen to receive this distinction.

Pagliari is chair of MacDonald Illig’s Bankruptcy and Creditors’ Rights Practice Group. His practice is concentrated in the areas of corporate restructuring and bankruptcy, bankruptcy related litigation, and collection matters. He primarily represents corporate debtors, secured creditors, Chapter 7 and Chapter 11 trustees, and other entities involved in bankruptcy proceedings. Pagliari is also an approved mediator in the United States District Court for the Western District of Pennsylvania and the United States Bankruptcy Court for the Western District of Pennsylvania. He is the immediate past president of the Erie County Bar Association. Presta is a trial lawyer and chair of the firm’s Litigation Department. She handles complex, multi-party litigation, including breach of contract matters, fiduciary disputes, and the defense of employment claims and professional liability cases. She regularly appears in federal and state courts, before administrative agencies, and in arbitration tribunals. Presta is a past president of the Erie County Bar Association, serves by appointment on the Supreme Court of Pennsylvania Rules of Evidence Committee, and has been appointed to the Lawyers Advisory Committee of the Judicial Council of the Third Judicial Circuit. Taft is a principal trial lawyer at MacDonald Illig whose practice is focused on employment litigation, including employment discrimination and wrongful discharge cases, and complex commercial litigation. He represents clients in federal and state courts in Pennsylvania as well as in federal courts throughout the United States. Taft has received the Pennsylvania Super Lawyer distinction every year since 2007. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.

SLEZAK BECOMES ASSOCIATE PARTNER WITH JOHN BONGIOVANNI, CFP & GENERATIONAL WEALTH MANAGEMENT

John Bongiovanni, CFP and Generational Wealth Management, affiliated with one of the nation’s leading financial services companies — Northwestern Mutual, recently welcomed Lucas B. Slezak as an associate partner. Slezak assists in advising Generational Wealth Management’s more than 500 clients in 20 states. Slezak joined Bongiovanni’s team in 2016 as manager of Investment Operations. He holds the CFP (Certified

MacDonald, Illig, Jones & Britton LLP also recently announced that associates Brian Cressman, Lauren Holler, Jamie Schumacher and Ashley Solo have been selected to the 2022 Pennsylvania Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Holler, who is licensed in Pennsylvania and Ohio, focuses her practice on traditional labor and employment law representing private and public employers. She advises employers on union organizing and collective bargaining matters to develop mutually beneficial labor relations with their employees and represents employers in grievance and arbitration proceedings. She also defends individual, class and collective actions in state and federal courts and before administrative agencies in employment-related litigation including discrimination, wage and hour, and unfair competition claims. Schumacher is a trial lawyer appearing in both federal and state courts. She is a member of the firm’s Commercial/General Litigation Practice Group, Labor & Employment Practice Group, and Government Services Practice Group. Her experience includes a wide variety of litigation matters. Schumacher is the current chair of the Erie County Bar Association’s Women’s Division and Civil Litigation Section and a member of the Erie County Bar Association’s Board of Directors. This is the fourth year that Schumacher has been recognized as a Rising Star. Solo is a litigation associate whose practice focuses on insurance defense, workers’ compensation, tax assessment and tax exemption litigation, and environmental matters. Solo’s experience includes drafting pleadings, motions, and briefs; conducting depositions; and participating in trials and other court hearings. She is an active member of the Erie County Bar Association, and a member of the Attorney Kids Together 5k Committee. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.

Financial Planner) and CIMA (Certified Investment Management Analyst) designations, along with his FINRA Series 7 and 66 licenses. The Generational Wealth Management team of nine is committed to providing clients with the highest quality financial planning and investment advisory services. Lucas is also a member of the Investment and Wealth Institute, which is a standards body for financial professionals who embrace excellence and ethics. John M. Bongiovanni, Adam B. Jack and Slezak use Generational Wealth Management as a marketing name for doing business as representatives of Northwestern Mutual. Generational Wealth Management is not a registered investment adviser,

broker-dealer, insurance agency or federal savings bank. Northwestern Mutual is the marketing name for The Northwestern Mutual Life Insurance Company, Milwaukee, WI (NM) and its subsidiaries. Bongiovanni, Jack and Slezak provide investment advisory services as advisers of Northwestern Mutual Wealth Management Company® (NMWMC), Milwaukee, WI, a subsidiary of NM and federal savings bank, and investment brokerage services as Registered Representatives of Northwestern Mutual Investment Services, LLC (NMIS), a subsidiary of NM, registered investment adviser, broker-dealer and member FINRA (finra.org) and SIPC (sipc.org). Bongiovanni, Jack and Slezak are insurance agents of NM. mbabizmag.com • JULY 2022

11


Spend some quality time Volunteer your time with kids who would love to spend their time with you Volunteers at the Caring Place work with children and families who need a helping hand. Volunteers create a community of safety and trust. Volunteers are trained and supported by the Caring Place staff. No particular experience needed —just an ability to truly listen to others and to support them through their heartache and their healing.

ContactUs@Highmark.com 12

JULY 2022 • mbabizmag.com


279 Wyoming Avenue Kingston, PA 18074 Phone: 206/305-2852 or 855/202-5245 Email: info@itw-tax.com itw-tax.com

COMPANY PROFILE

Clients Count on ITW Tax for Dependability, Peace of Mind “We have built long-lasting relationships with our clients by offering them dependable services that provide them peace of mind,” De Leon states. “One of our core competencies is going out of our way to make sure the customer is satisfied.” ITW Tax’s Core Competencies ITW Tax prides itself on its core competencies including: • Transparency ITW Tax is transparent with the services it offers and never attach hidden fees.

Estefania Zanetta De Leon is the owner of ITW Tax in Kingston, Pennsylvania.

ITW Tax is a professional accounts and taxation service provider located in Kingston, Pennsylvania, just outside Wilkes Barre. The firm has been offering comprehensive solutions to corporate and individual clients throughout Central, southwestern and northwestern PA for more than 15 years. “We are driven by our core values, which ensure our clients receive transparent, authentic and professional services,” says Estefania Zanetta De Leon, an entrepreneur who runs ITW Tax, along with De Leon De Leon Professional Services and Fenix Real Estate. De Leon has more than 10 years of experience in the industry as a tax professional and has grown ITW Tax into one of the area’s most successful firms.

• Reliability ITW Tax takes charge when it comes to handling client work, which means clients never miss deadlines and avoid any legal penalties.

ensure a seamless process. ITW Tax also can help clients file their Individual Tax Identification Number (ITIN) accurately for quick and easy processing. “We also offer our clients a convenient and alternative bookkeeping solution for their offices, which is ideal for small and medium enterprises, looking for low-cost solutions,” explains De Leon. “We have a team of professional accountants that can handle and manage your accounting needs at an affordable rate. Our experienced and certified team ensure optimal accuracy.” To learn more about ITW Tax, visit itw-tax.com.

• Professionalism ITW Tax is committed to excellent client servicing and ensure it offers services that are affordable, as well as professional. • Accuracy ITW Tax has certified and experienced professionals that ensure its clients get the correct information about accounting and tax filing rules. Services ITW Tax provides a complete range of taxation and accounting services to corporate entities and private individuals. The firm has more than 15 years of experience in filing corporate and Individual taxes, and its professionals understand the different state laws to mbabizmag.com • JULY 2022

13


MAKE AN IMPACT: The Friends of Saint Mary’s create meaningful experiences for our residents. Become a volunteer at Saint Mary's and form invaluable friendships while helping to support our Activities Department.

A wide range of year-round volunteer opportunities: Play games and host group activities Assist with arts and crafts projects Serve customers and residents in the gift shop Help to organize and run special events and parties Attend community outings and trips Visit one-on-one with residents

GET INVOLVED: (814) 836-5300 STMARYSHOME.ORG/WAYSTO-GIVE/VOLUNTEER A sponsored ministry of the Sisters of St. Joseph of Northwestern Pennsylvania. Nondiscriminatory in admissions, services and employment.

Please support CVC on August 9th, 2022 ● eriegives.org

14

JULY 2022 • mbabizmag.com


ON THE HILL | FEEDBACK

Results of the MBA’s 2022 Government Affairs Workforce Survey: Members struggle with supply chain disruptions, cost of benefits, inflation, finding and keeping employees

Eileen Anderson is the director of Government Relations for the Manufacturer & Business Association. Contact her at 412/805-5707 or eileenanderson@mbausa.org. According to the Bureau of Labor Statistics, 11.5 million jobs were available in March, and there were 5.9 million unemployed Americans. That translates to two job openings for every unemployed individual, but there is still a gap for employers. While some MBA member employers are fully staffed, others are struggling with attracting and retaining employees, hiring some, then losing just as many through the eternally revolving door. MBA Government Affairs focuses on areas where it can have the most impact for you. MBA’s lobbying for Association Health Plans (AHPs) is ongoing and will reduce one piece of benefit costs. Inflation and supply chain issues are beyond our advocacy reach, but MBA can address workforce issues, both legislatively and by sharing existing resources and ideas other employers have used successfully. One important tool is the MBA’s 2022 Government Affairs Workforce Survey. Respondents accurately reflect the makeup of MBA’s membership, half manufacturers, and half other types of businesses. Four of eight possible problems dominated with 78 percent citing supply chain disruptions, 77 percent citing the cost of benefits, 55 percent citing inflation and 56 percent citing difficulty finding and keeping employees.

Assuming the following were qualified, ready, and willing to work, which would you hire? • Ninety percent want to hire those over age 55. The tight job market has employers looking beyond their traditional labor pools. More than 60 percent would hire those lacking a high school diploma, and greater than 50 percent would hire the disabled and ex-offenders. Are you having a hard time keeping your business fully staffed? • Seventy-eight percent said it is significantly or somewhat harder to keep businesses fully staffed. What have you done differently to attract and maintain employees in the past year? • Seventy-eight percent increased wages, and 62 percent increased starting wages. Thirty-seven percent offered more flexibility in work schedules and remote work. • Ninety-five percent offer health insurance, retirement plans, and paid time off. Eightyone percent offer dental and vision, life and disability. When it comes to finding talent there are a variety of approaches. • Seventy-five percent rely on referrals. • Forty-four percent used “other” resources. Fifty-four percent use online search platforms and 46 percent use agencies for staffing, temp services and headhunters. • Thirty-nine percent use either two year or four-year colleges. • Thirty-four percent use technical schools and trade schools. • Ninety-four percent are aware of but just 32 percent have used CareerLinks. • Twenty percent use local job fairs.

Although help may be hard to find nearly 48 percent expect to increase their employee levels in the year ahead. • Fifty-seven percent would hire one to five workers if they were available. Twentysix percent would use robotics and automation where applicable. • Thirty-seven percent would hire entry level workers. What roles are the hardest to hire for? • Twenty percent said all roles. Twenty percent specified CDL truck drivers and machinists, and another 10 percent cited sales and marketing positions. What would you say when you are in a private meeting with PA General Assembly leadership and they ask, “Where is Government in the way?” • Forty percent stated either “everywhere” or “giving people incentives not to work.” The MBA’s Government Affairs Department will examine the survey in depth to determine where we can assist. Who knows how long it will remain challenging for small and medium-sized employers to hire workers? Pennsylvania has a long-term worker shortage. In 10 years, Baby Boomers will walk out the door. Increased employee productivity and technology may help, but they will not overcome demographic problems: a contracting workforce, an older population and weak population growth below the national average. What we do know is that employers will have to figure it out and adopt creative solutions to address worker shortages. That can mean finding ways to make existing workers more productive, re-thinking credential requirements for hiring, and locating and training underutilized workers. Thank you to all of those who completed the survey. For the full report, visit https://www.mbausa.org/services-and-benefits/ government-affairs/government-advocacy/. mbabizmag.com • JULY 2022

15


How do we save lives? The Community Blood Bank of Northwest Pennsylvania and Western New York is the exclusive provider of blood products to 19 hospitals and 7 Stat MedEvac bases locally. How can YOU save Become a CBB Volunteer—Join a team dedicated to saving lives locally. Volunteers stock refreshments, operate the front desk, and help with other duties at the Erie Donor Center or mobile blood drives.

Donate Blood— Donating is both quick and easy. The process takes about 30-45 minutes. The summer months are a critical time for our blood supply. When you donate blood you save three lives in your community!

For More Information: 2646 Peach Street Erie, PA 16508 - 814-456-4206 - info@fourhearts.org

THE Y - WHERE COMMUNITY MEETS When you take a jump shot at the Y, someone’s jumping in the deep end for the first time. Practice yoga, while a teen practices her leadership skills. So, while you might think of the Y as a place for lifting weights, we’re also for lifting our community.

Volunteer. Donate. Join. Lift our community. Make a gift at ErieGives.org on Aug. 9.

16

JULY 2022 • mbabizmag.com


HR CONNECTION | INDUSTRY TRENDS EMPLOYERS MAY WANT TO CONSIDER VOLUNTEER TIME OFF AS WAY TO ATTRACT, RETAIN TALENT Employee benefits are a great way to attract and retain top talent, but as an increasing number of companies providing the expanding list of “basic” benefits, some employers are finding it more difficult to keep up with a competitive offering. In recent years, more and more companies are adding volunteer time off to their leave policies to give their employees (and communities) a little more.

Get a Clearer Picture of the Benefits of Progressive Addition Lenses If you’re new to Progressive Addition Lenses (PALs), adapting to them may feel frustrating and deter you from sticking with them. The adjustment process can take time, but with patience, you’ll be able to see just how helpful they can be for your vision. To have a positive experience with progressive lenses, it’s crucial to understand the structure of the lens itself. Progressive lenses are a no-line multifocal lens that offer a seamless progression in magnification from the top to the bottom of the lens, allowing you to see clearly regardless of distance. Unlike bifocal or trifocal lenses, progressives don’t have the visible transition lines. Through research and development, lens manufactures have designed PALs to provide a more natural shift in lens power. With progressives, you can enjoy no-line lenses with a more natural transition for reading at any distance. Lens design, frame choice and customized measurements are key components to a positive experience with PALs. To set you up for success, it’s important to discuss lens design and visual needs with a trained optician. Remember, patience is key. The adjustment process can last from a couple weeks to a couple months. You may feel tempted to give up and resort to your old lenses. But, with time, you will find yourself adapting to your progressives. If you start experiencing eye strain or headaches, simply take a break from wearing the new lenses. Your optician can give you more tips and tricks to adjusting to your new PALs.

Volunteer time off (VTO) is employer-sponsored time off enabling employees to contribute their time to causes that are important to them in their communities or in society. While many employers already offer paid time off (PTO) to their employees, VTO is becoming increasingly common as an alternative option to give employees some time away. According to a 2019 report by the Society for Human Resource Management (SHRM), 26 percent of organizations offer VTO to their employees, an increase of 5 percent over the previous five years. MAJORITY OF EMPLOYEES WANT WORK CULTURE THAT EMBRACES GIVING, VOLUNTEERING It’s well known that employees want to work for companies that care. America’s Charities Snapshot Employee Research found that 71 percent of employees surveyed say it’s imperative or very important to work where culture is supportive of giving and volunteering. According to experts, when strategically integrated with your company’s business goals and values, involving employees in a mix of volunteer work, skills giving, workplace giving programs and matching gift opportunities gives employees a sense of purpose, and makes them feel more connected to the community and your companywide social responsibility efforts. In fact, matching gifts is one of the top five motivations for workplace donors when it comes to employee engagement programs.

Change can be hard and, when it comes to eyeglasses, it’s normal to want to stick with what you know. If you keep these tips in mind and stay optimistic, you’ll find yourself adjusting to your new progressives and appreciating their versatility. With a vision benefits plan through VBA, members can receive discounts on PALs to make the latest technology more accessible.

Matt Cuomo is vice president of Sales and Support at Vision Benefits of America (VBA), a Pittsburgh-based group vision and dental insurer. For more information, visit www.vbaplans.com or the MBA at www.mbausa.org.

mbabizmag.com • JULY 2022

17


Legal Q&A | GET ANSWERS WHAT IS ‘NOMINAL COMPENSATION’ WHEN LOOKING TO PROVIDE SOMETHING TO NONPROFIT VOLUNTEERS?

While there is no clear-cut guidance on what constitutes “nominal compensation” to a volunteer, 29 C.F.R. § 553.106(e) provides that “a fee is not nominal if it is a substitute for compensation or tied to productivity.” In addition, Section 553.106(f) of FLSA regulations provides that “determining whether the expenses, benefits, or fees would preclude an individual from qualifying as a volunteer under the FLSA requires examining the total amount of payments in the context of the economic realities of a particular situation.”

Classification Considerations for Nonprofit Volunteers

HR Q&A

The Department of Labor’s (DOL) Wage and Hour Division presumes that fees paid to volunteers are nominal, as long as the fee does not exceed 20 percent of what an employer would otherwise pay to hire a full-time employee for the same services. See Wage and Hour Opinion Letters FLSA2006-28 (Aug. 7, 2006) and FLSA2005-51.

Most businesses know that the law does not permit individuals to volunteer services to for-profit private sector employers. On the other hand, in most circumstances, the law permits individuals to volunteer services to public sector and nonprofit employers. This is important since volunteers are essential for many nonprofits. With that being said, nonprofits should be careful when classifying an individual as a volunteer. Misclassifying someone as a volunteer when they may be considered an employee under the Fair Labor Standards Act (FLSA) can be costly to a nonprofit organization. Simply labeling someone a volunteer is not enough. An organization needs to look closely at the relationship to ensure proper classification. The Department of Labor (DOL) enforces the FLSA and considers a volunteer to be someone who: 1) donates services to religious, charitable or other similar nonprofit organizations, usually on a part-time basis, 2) without coercion, and 3) without the expectation or receipt of compensation in cash or in in-kind benefits. When looking to classify someone as a volunteer, nonprofit organizations should be aware that a volunteer is limited in the activities that they can perform for a nonprofit. For example, employees of a nonprofit organization may not volunteer to provide services for the organization that are the same as, similar, or related to their regular paid job duties. Likewise, a volunteer may not displace an employee of the nonprofit organization or perform work that would otherwise be performed by regular employees of the nonprofit. Also, as mentioned above, a nonprofit organization needs to be careful if they wish to provide the volunteer with anything in return for their volunteer services. The DOL does allow payment or reimbursement to volunteers for out-of-pocket expenses, reasonable benefits or a nominal fee for their services. But nonprofit organizations must be careful that they are not using nominal fees in place of compensation or tying the nominal fees to productivity or hours worked. By doing so, such fees may be considered compensation and the volunteer status will be lost. No one single factor is determinative when deciding whether an individual is properly classified as a volunteer. The unique facts of an organization’s situation will determine whether a “volunteer” is an employee or a true volunteer. However, taking some proactive steps can help limit the likelihood that a volunteer is inadvertently misclassified. Some examples include: • Document the separate roles of both employees and volunteers. • If you have a volunteer handbook, make sure it is separate and distinct from your employee handbook. • Do not require employees to volunteer. • If you provide volunteers a nominal fee, do not tie it to the number of hours volunteered. • Periodically review your volunteer program.

Tammy Lamary-Toman is the vice president/employment counsel for the Manufacturer & Business Association. Contact her at 814/833-3200, 800/815-2660 or ttoman@mbausa.org.

18

JULY 2022 • mbabizmag.com


mbabizmag.com • JULY 2022

19


MAKE A DIFFERENCE ON ERIE GIVES! Give to your favorite nonprofit(s) and a portion of the prorated match will be added to your gift!

Tuesday, August 9 8:00 a.m. to 8:00 p.m. www.ErieGives.org Give online, by check, with a stock gift or through your IRA minimum distribution. Call us with questions at 814-454-0843.

Erie Gives is a project of The Erie Community Foundation with support from our generous sponsors.

20

JULY 2022 • mbabizmag.com


SPECIAL SECTION | NETWORKING AND MORE The Manufacturer & Business Association meets regularly with members in the region, including recognizing those celebrating milestone anniversaries, and hosts networking opportunities in person and virtually about key business and economic topics. For more information about upcoming events, visit mbausa.org.

Rolled Rings on and the entire team at McInnes Congratulations to Tim Hunter President and CEO Hunter is shown here with MBA celebrating 30 years in business! John Krahe (right).

The MBA recently presented an anniversar y plaque to Hagan Business Machines of Mead ville, Inc., which is marking 30 years in business in 2022.

Erie County Executive Brenton Davis discussed the state of the county and laid out his vision to usher in an era of change, during the MBA’s May Eggs ‘n’ Issues briefing at the Association’s Conference Center in Erie.

May’s HR CoffeeTalk prize winner was Jennifer Tshudy of American Turned Products.

won the Drew Ginnis of G. W. Becker, Inc. . April HR CoffeeTalk raffle prize

mbabizmag.com • JULY 2022

21


PRSRT STD US POSTAGE PAID ERIE, PA PERMIT #199

COVERAGE. DEPENDABILITY. VALUE. THAT’S WHAT PURPLE MEANS TO ME.

Purple is synonymous with UPMC Health Plan. And with multiple affordable plan options for businesses of all sizes, an award-winning Health Care Concierge Team, and access to high-quality care locally and while traveling, purple has you covered to meet your company’s diverse needs.

More reasons why businesses choose UPMC Health Plan Access

Trust

Give employees access to the best doctors and hospitals of UPMC and an extensive national network of outstanding providers across the country.

As a longtime leader in health insurance, we build strong, long-lasting relationships with our clients.

Plan options

Value

No matter the size of your business, we have the right plans to meet your team’s needs.

As part of an integrated health care system, providers and payers work together to deliver high-quality care at affordable costs.

For all of this and more, go with UPMC Health Plan. When it comes to choosing a quality health plan that works for your company and your employees, purple looks good on everyone. To learn more,visit UPMCHealthPlan.com/employers.

Go to upmchealthplan.com/best for more information.


Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.