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Cavitation vs Estimated Annual Usage Standards : Dec 14th - Hello Everyone and Happy Holidays, reaching out to see what others use for determining number of cavities in a tool in regards to annual usage. Businesses change as has ours and we find that as capacity and building footprint gets tighter we try to build higher cavitation tooling regardless if volume supports it just to reduce machine hours. Just looking to see what rule of thumb other companies are using. Do you look at it this way or do you back into a max machine hours you will consume on a press per product which will determine your tooling cavitation? Feel free to contact me direct at Joey.Priest@hunterdouglas.com
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IQMS Software Validation for FDA : Dec 13th - Does anyone have any experience with validating their IQMS ERP system for the FDA standards? Who you used - internal vs external? Any feedback would be much appreciated. Thanks, Greg
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New Immigration Law in CA : Nov 29th - Effective January 1, 2018, California’s Immigrant Worker Protection Act, AB 450, imposes new obligations on California employers. In light of the Trump administration’s increased immigration enforcement efforts, the California legislature enacted this law to protect employees from enforcement in the workplace. Accordingly, California’s public and private employers must comply with numerous state-imposed legislative requirements: > Employers are prohibited from voluntarily consenting to an immigration enforcement agent’s request to enter non-public areas of the workplace; however, employers must comply with a judicial warrant. > Employers are prohibited from voluntarily consenting to an immigration enforcement agent’s access, review, or procurement of employee records; however, employers must comply with a subpoena or court order. > Employers are prohibited from re-verifying employment eligibility of a current employee, unless required by federal law. > Employers must post notice of an immigration worksite enforcement action within 72 hours of receiving a notice of inspection of employment records. The notice must include - > The name of the immigration agency conducting the inspection; > The date the employer received notice of the inspection; > The nature of the inspection, to the extent known; and > A copy of the notice of inspection. California’s Labor Commissioner is charged with developing a template notice for employer use by July 1, 2018. > Employers must provide a copy of the written immigration agency notice with the inspection results within 72 hours of receipt to affected employees and any affected employees’ authorized representatives. Within 72 hours, employers must also hand-deliver individualized notices to affected employees and any affected employees’ authorized representatives that detail the resulting obligations of the employer and employee. The notices must include - > A description of any and all deficiencies or other inspection results related to the affected employee; > The time period for correcting any deficiencies identified by the immigration agency; > The time and date of any meeting with the employer to correct the deficiencies; and > Notice that the employee has the right to representation during any scheduled meeting with the employer. While California’s new legislation does not present a direct conflict with federal law, its requirements are bound to raise difficult questions for employers aiming to fully comply with both federal and state law. Employers must grapple with questions like which agents qualify as immigration enforcement agents and whether the new law implicitly bars employers from conducting internal I-9 audits. The answers to these questions remain somewhat unclear. Thus, compliance may prove to be problematic and penalties for non-compliance are steep. An employer that unlawfully re-verifies a current employee’s employment eligibility may face a civil penalty of up to $10,000. Likewise, failure to comply with any of the other statutory provisions may result in civil penalties of up to $5,000 for a first offense and $10,000 for subsequent offenses. Moving forward, employer representatives responsible for interfacing with immigration enforcement agencies should be made aware of these recent legislative developments. However, until the mandates of the law are more clearly delineated, employers should proceed with caution. If you have any questions on this topic, please contact a member of our Labor & Employment Practice Group. H. Alan Rothenbuecher at arothenbuecher@beneschlaw.com or 216.363.4436 Linda Gemind at lgemind@beneschlaw.com or 216.363.4609 Rick Hepp at rhepp@beneschlaw.com or 216.363.4657 Karly B. Johnson at kjohnson@beneschlaw.com or 216.363.6265
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Future of Sales Brochures : Nov 27th - We are running low on our current sales brochures we use for customer visits. An internal debate has developed on whether we should update and print a new sales brochure or just eliminate and focus more on digital opportunities, flash drives, virtual brochures, website, etc. I would appreciate anyone's comments or feedback. Thanks, Team 1 Plastics Craig Carrel Craig Carrel
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NLRB Rules against Employee Status for Menard's Drivers : Nov 22nd - A National Labor Relations Judge dismissed an action brought by the National Labor Relations Board (“NLRB”) regional director against Menard, Inc. (“Menards”) for misclassifying its independent contractor (“ICs”) drivers in violation of the National Labor Relations Act (“Act”).[1] The underlying action was originally submitted to the NLRB in August 2016 by Local 153, Office & Professional Employees International Union, AFL‑CIO, alleging that Menards was in violation of Section 8(a)(i) of the Act. The basis of the alleged violation was that Menards’ delivery drivers were misclassified as ICs rather than employees and that the hauling contracts contained mandatory arbitration clauses limiting the putative employees from filing class actions and/or claims for unfair labor practices with the NLRB. Menards is the business of selling home improvement merchandise from its 300/plus stores located throughout the United States. In addition, Menards offers delivery services for its customers purchasing its store merchandise by contracting with hauling contractors, ICs, to ultimately deliver the merchandise while Menards arranges the delivery and handles the payment from the customer. The Administrative Law Judge (“ALJ”) reviewed the Complaint by evaluating whether the delivery drivers were indeed ICs for purposes of applicability under the Act per Section 2(3). The “ALJ” used the ten (10) factor test established by the United States Supreme Court in determining employee versus IC classification.[2] Through testimony and briefs filed by both parties, it was revealed that Menards utilized three (3) types of hauling contracts with its ICs: 1) one where the ICs provide their own truck with a forklift/crane; 2) one where ICs provide their own forklift truck and Menards provides the trailer; and 3) IC makes deliveries using a box truck/van. It was also disclosed that some ICs operate their own truck while others have multiple trucks and their own employees operating the trucks and some made deliveries for other companies besides Menards. Ultimately, the ALJ went through the various facts relating to Menards’ operation and its interaction with the ICs, and determined by an overwhelming majority that the drivers were independent contractors and not employees. In making such a determination, the ALJ reasoned that: 1) that the ICs had the balance of control over the work; 2) that the ICs were involved in a distinct business; 3) that the ICs supplied the instrumentalities of work; 4) that the ICs had the right to terminate the contracts on short notice; 5) that the ICS were paid by the ‘job’; 6) the parties believed the nature of the relationship to be that of an independent contractor; and 7) that the ICs had meaningful entrepreneurial opportunity as they could provide services for multiple companies and sell their own business. The only factor that weighed in favor of employee status was the ‘level of skill required to perform the services’. The ALJ opined that there was not enough evidence on the record, such as training or CDL requirements, to make a determination of the level of skill required to perform such services. Since the ALJ determined the drivers to be independent contractors and not employees, the drivers did not qualify for protections under the Act and the complaint was dismissed. The ALJ did not even address the issue surrounding the enforcement of the arbitration clause in the hauling contracts. The ruling in this decision is a win for the IC model which has been continuously under fire by unions, and state and federal agencies attempting to undermine the long‑established business model. The decision took into account several facts/factors common to motor carriers operating with ICs. The analysis by the ALJ provides a road‑map for others to compare against their IC agreements and more importantly, their operational actions. If you need assistance or have questions about your agreements/operations, please feel free to contact Richard Plewacki at rplewacki@beneschlaw.com or Matthew Selby at mselby@beneschlaw.com [1] Menard, Inc. & Local 153, Office & Prof'l Employees Int'l Union, Afl-Cio, Case 18-CA-18121 (2017) (not reported in Board volumes). [2] Nationwide Mutual Insurance Co. vs. Darden, 503 U.S. 318 (1992).
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Group List

Badders, Eric - Quality Manager
Bleck, Josh - Manager
Bleyaert, John - Quality Manager
Bloodworth, Zach - Director of Quality
Bolton, Todd - Quality Director
Broaddus, Mike - QC
Brock, Tom - Director of Quality
Burrow, Emilie - Quality Manager
Butcher, Shane - Corporate Quality Manager
Chamblee, Philip - Quality Manager
Cortte, Dan - Director of Quality
Danyluk, John - Director of Quality
Dobie, Kathy - Quality
Dunham, Andrew - Quality Auditor
Fasano, Frank - Quality Manager
Fowler, Amy - Quality Manager
Garcia, Lupe - Quality Manager
Goris, Roger - Manager
Gray, Jeffery - Quality Manager
Greer, Matt - APQP Engineer
Gurany, Victor - Director, Quality/RA
Hedge, Richard - Quality Manager
Helton, April - QA Manager
Holliday, Brandon - Quality Manager
Hughes, Karen - Quality Director
Jaworski, Josh - Quality Manager
Johanasson, Gary - Quality Manager
Jordan, Laurie - Quality Assurance Manager
Justice, Todd - Quality Manager
Kapoor, Krishna - Quality Supervisor
Keen, Dale - Quality Manager
Keene, Dave - Quality Manager
Koch, Steve - Quality Manager
Langietti, Bryan - Quality Assurance Manager
Lazarek, Dave - Dir of Quality
Madru, Greg - Quality Manager
Medero, Jody - Quality Manager
Mikkelson, Steven - Quality Manager
Miller, David - Quality System Manager
Miller, Jason - Quality Manager
Muha, Dave - Quality Manager
Patrick, Jeffrey - Quality Manager
Peck, Brad - Quality Manager
Piontek, Robert - Quality Manager
Radford, Carlton - Quality Specialist
Reed, Kim - Quality Assurance Manager
Regler, Dave - Quality Manager
Riley, Keith - Quality Manager
Roche, Bill - Director of Quality
Roseberry, Randy - Quality Manager
Sanders, Conley - Quality Supervisor
Sanford, Dave - Quality Manager
Savoy, Josh - Quality Engineer
Schafer, Gerry - Eng & QA Mgr
Schnell, Michelle - Quality Manager
Schroeder, DeJon - Quality Assurance Manager
Sell, Lynnann - Quality Systems Coordinator
Senz, Bob - Quality Manager
Sims, Mark - QC Manager
Smith, Gary - Quality Mgr
Soares, Antonio - Quality Engineer
Stevenson, Jeffrey - QA Tech and Safety
Tatman , Jerry - KEY Accounting Manager
Thompson, LeeAnn - Quality Manager
Tremblay, Mark - Director of Quality
Ulaky, Tom - Quality Manager
Venes, Jim - Quality Manager
Walawender, Tim - Quality Assurance Manager
Watkins, Matt - Quality Manager
White, Barry - Quality Assurance Manager
Wilson, Steve - Quality Manager
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