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BRIEFLY:
It's not too late to join IMA's Energy Program . . .
Learn more at a Webinar, September 9th
It comes as no surprise that Illinois manufacturers are paying close attention to the relationship between volatile energy prices and their bottom line. In order to survive, today's most successful manufacturers are rethinking and employing smart new energy strategies.
Together, the Illinois Manufacturers Association (IMA) and Constellation NewEnergy (CNE) have collaborated to design an Energy Program that provides benefits to both to the association and its members. As part of this program we are working together to organize educational seminars and briefings on current energy issues impacting your businesses.
This webinar has been put together for those of you that are new to the IMA Energy Program and will help explain how your business can benefit from it. We plan to discuss the numerous products and pricing choices IMA members have available to them, along with energy strategies that could be considered.
By providing this information, our hope is that every IMA member will understand that a solid energy strategy can provide the edge they need to beat their competition, and have a long-lasting impact on the future success of your company.
Sign up today for this complimentary event at http://www.newenergy.com/ima
Energy efficiency grant
If your combined electricity and natural gas bill is at least $500,000 annually and your company is located outside of the ComEd and Ameren service territories, you may be able to take advantage of funds from the federal stimulus package to reduce your energy costs.
The Large Customer Energy Efficiency Program, a partnership of the Illinois Department of Commerce & Economic Opportunity (DCEO) and University of Illinois-Chicago, allows large industrial energy users to receive a grant of up to 30 percent of eligible project costs designed to improve natural gas efficiency. The grant aims to create or retain jobs, save energy, increase energy generation from renewable sources and reduce greenhouse gases. Grant awards will range from $250,000 to $2 million. Applications are due by September 30, 2009 and all projects must be completed by February 17, 2012. To learn more about the grant, contact Katy Khayyat at the Illinois Entrepreneurship Network Business Information Center via e-mail at Katy.Khayyat@Illinois.gov, or call 800-252-2923 or 217-785-8020.
Midwest Industrial Energy Efficiency Exchange: Connecting Industrial Manufacturers with Finance & Technology Resources
WHEN: September 9-10, 2009
WHERE: Detroit Marriott at the Renaissance Center, Detroit, Michigan
The Midwest Exchange aims to connect industrial manufacturers seeking to make energy and environment improvements with the wide-ranging finance and technology resources, provided by government, private, and non-profit entities. The event is hosted by the U.S. Department of Energy, Michigan Governor Jennifer L. Granholm, and the National Association of State Energy Officials. For more information or to register, visit the Midwest Exchange's Website at
http://www.midwestexchange2009.
RSM McGladrey presents . . .
Recession Strategies Executive Webinar Series:
"What the financial crisis means to your technology plan"
Thursday, August 27, 2009 — 10:00 to 11:00 a.m. (CT)
You will receive log-in information in a confirmation e-mail after you sign up.
Cost: free
This is the fifth session in RSM McGladrey's series of complimentary webinars developed to address high-impact functional areas to help manufacturers succeed during the economic downturn.
This session, "What the financial crisis means to your technology plan," will focus on how to assess your technology needs objectively so that the real costs of investment are considered and benefits achieved.
Ninety percent of companies participating in RSM McGladrey's Manufacturing and Wholesale Distribution (MWD) National Survey consider information technology a critical component of business operations — yet 50 percent of companies are deferring costs to upgrade or enhance systems due to business conditions. This type of short term action may prevent companies from realizing the benefits IT systems can offer.
RSM McGladrey's experienced presenters will discuss key areas that must be considered to help ensure your IT investments are strategic and support your organization's business plan.
We hope you will be able to join RSM McGladrey for this educational program. To register, visit
https://www.rsmmcgladrey.com/Events/What-the-financial-crisis-means-to-your-technology-plan?itemid=205&mid=205
RSM McGladrey presents . . . Human Capital and Compensation Trends During Difficult Economic Times
Webinar details: Wednesday, September 16, 2009, 10:00 to 11:00 am (CT)
You will receive log-in information in a confirmation e-mail after you sign up.
Cost: free
The economic downturn has caused all organizations to closely examine their workforce and associated costs. Unemployment has reached levels not seen in decades. This session will discuss implications of the current economy on the manufacturing industry and preview the results of the IMA's 2009-2010 Compensation Survey. Covered will be strategies to help you balance the short-term business requirements (such as reducing costs) with the long-term strategic considerations. Our approach will be to present recent trends, highlight client examples of strategies that are working today, and share best practices including emerging trends in human capital management and current and anticipated salary movement and related implications. Register today at:
www.regonline.com/humancapitaltrends.
New Rule for sellers or manufacturers of consumer products and architectural coatings in Illinois
The Illinois Pollution Control Board recently adopted new rules that govern the amount of volatile organic material (VOM) in a wide range of consumer products. This new rule, Standards and Limitations for Organic Material Emissions for Area Sources (35 Ill. Adm. Code 223) affects anyone who sells, supplies, offers for sale, or manufactures consumer products on or after July 1, 2009, for use in Illinois.
The list of products that are covered by the rule is extensive and includes architectural and industrial maintenance coatings, charcoal lighter material, cooking sprays, aerosol air fresheners, cosmetics, automobile products (waxes, cleaners, sealants), glues, polishes, beauty care products, fingernail polish, bug sprays, and cleaning solutions. A full list of the covered products are included in the rule, the full text of which can be found online at
http://www.ilga.gov/commission/jcar/admincode/035/03500223sections.html.
Any company who manufactures or does any mixing or combining of individual products that is covered by this rule will have to evaluate the VOM emissions of the product to ensure that the product is in compliance. Covered industries must also include VOM information on the product label. Anyone who offers these materials for sale in Illinois should ensure that products manufactured after July 1, 2009, are properly labeled. In addition to the restrictions on VOM emissions from consumer products, the rule includes recordkeeping and reporting for manufacturers. However, the rule does not mandate regular reporting; it only specifies that a company must respond to the Illinois Environmental Protection Agency within 90 days after the Agency requests information.
For more information, contact Rory Davis (Illinois Environmental Protection Agency) at 217/254-4343 or call the Small Business Environmental Assistance Hotline at 800-252-3998.
Manufacturing companies bullish yet unprepared for recovery
International business performance consultancy McKinney Rogers recently announced findings from its Driving Future Growth: Thought Leadership Research report. Conducted by global research firm Ipsos MORI, the Report surveyed leadership team members from large and mid-sized manufacturing companies in the U.S. and Great Britain.
"This report is intended as a wake-up call to those many manufacturers who, like many of our respondents, have successfully hunkered down — cutting costs and scaling back investments — and are waiting for the storm to pass before returning to their old strategy," commented Damian McKinney, CEO and founder of McKinney Rogers. "They are confusing surviving the recession with being ready for the recovery and they will emerge surprised to find stronger competitors with improved products. It's imperative that they take steps now to deal with this likelihood."
Among the key findings from the report are:
- Firms are largely confident given the economic circumstances. Nearly four in five state it offers significant opportunities, with more than nine in 10 feeling long-term plans will remain unaffected
- Many are seeing an opportunity to cut supplier costs (39 percent), improve market share (33 percent) and strengthen the brand (18 percent).
- Companies are bullish and plan to develop new markets (32 percent) or take market share from competitors (30 percent) over the next 18 months. Almost four in 10 feel it is the ideal time to develop or launch new products.
- Reasons for this confidence may stem from the foresight many claim to have had over the last two years. The majority (56 percent) say that they predicted and saw the recession coming at least before Summer 2008, with most taking initial measures such as cost-cutting and redundancies.
- However, for all the ‘fighting talk,' it has to be noted relatively few have taken steps so far. Only around one in seven have invested in new technology and products (12 percent) and R&D (12 percent), and only four percent have addressed strategic goals/programs.
- 'Clearly written', ‘detailed' and ‘succinct' are the main ways respondents view their business plans — which serves to highlight the strength of feeling towards them overall.
- Adapting to changes was seen as the biggest challenge currently. Aligning the whole organization is seen as vital, and over eight in 10 feel senior management is doing an effective job in communicating the message.
- There are also substantial numbers that see further difficulties ahead — one third (32 percent) see working in silos and gaps in the skill sets of operational management (40 percent) as issues.
All interviews were conducted over the telephone between March and May 2009 by global research firm Ipsos MORI. Large firms consist of 20,000+ employees, mid-sized firms consist of 5,000-19,999 employees.
"For many businesses, when the upturn happens it will still be a very different and tougher market characterized in the West by chastened banks, indebted governments, wary investors and poorer customers. Competition from emerging markets will continue to become ever-more sophisticated, while the opportunities will continue to grow rapidly," McKinney concluded.
McKinney Rogers is a global business performance consultancy, with operations in the UK, Europe, Africa, Asia and the US. Visit McKinney Rogers' website at
www.mckinneyrogers.com.
FACTA Red Flags rules will impact small businesses
Beginning on August 1, 2009, millions of small businesses that extend credit or defer payments for goods and services were subjected to a new set of rules under the Fair and Accurate Transaction Act aimed at helping curb identity theft. The new rules — known as the FACTA Red Flags Rules — are federally mandated precautions certain businesses must take to protect customers from identity theft crimes.
Many small businesses are unaware of this regulatory issue. The FACTA Red Flags Rules now require covered businesses to create a process for detecting so-called "Red Flags" in identity verification, such as:
- discrepancies in address history,
- fraud alerts on credit reports,
- suspicious use of SSN,
- inactive accounts that suddenly become active,
- credit-freeze notifications,
- credit reports with suspicious activity patterns, and
- notices from identify theft victims or law agencies, among others.
For more information on the FTC's "Red Flags Rules," go to the FTC website: www.ftc.gov/opa/2009/04/redflagsrule.shtm.
"Basic Guide to Exporting" Webinar series
Learn valuable skills for growing your business by selling to international buyers. These Webinars are based on the popular Department of Commerce book, A Basic Guide to Exporting. Register online now for one, or all seven interactive and authoritative sessions at
http://www.export.gov/basicguide/eg_main_020109.asp. Register for two or more webinars and get a complimentary copy of the book, A Basic Guide to Exporting.
September 9, 2009
Export Basics: How to Identify Potential International Markets for Your Products
September 23, 2009
Export Basics: Trade Financing and International Payments
October 7, 2009
Export Basics: Cashing In with U.S. Free Trade Agreements
October 21, 2009
Export Basics: Understanding Export Controls
November 4, 2009
Export Basics: Finding International Partners and Conducting Due Diligence
November 18, 2009
Export Basics: Understanding Documentation
December 2, 2009
Export Basics: Protecting Your Intellectual Property Rights
Elevate Illinois — A State of Illinois and Microsoft partnership
The Illinois-Microsoft Elevate America program is a public-private partnership between the State of Illinois and Microsoft. The purpose of the program is to provide a no-cost opportunity for individuals to increase their technology skills. This is a national program and, for Illinois, Microsoft is providing 51,000 vouchers to be redeemed by individuals to complete Microsoft online courses and Microsoft business certification exams.
The distribution of vouchers takes place between July 31 and October 31, 2009. Individuals who are assigned online learning vouchers during that period must "redeem" their vouchers online before October 31st, but then have 12 months to complete the online learning courses. Individuals who are assigned certification exam vouchers during the distribution period must complete their exam by October 31, 2009.
Individuals will choose specific voucher types to either complete select Microsoft online courses in two categories or to take Microsoft business certification exams. In each category there are many courses to pick from.
A voucher is good for one set of courses, called a course collection, for a selected Microsoft product. Individuals may wish to complete more than one course collection and, if so, will need a voucher for each collection. The estimated time to complete a course varies from a few hours to about five hours.
To access information about the program, online courses, and to find certification exam sites, visit
www.illinoisworknet.com.
Caution: Conducting harassment investigations now doubly important
By Daniel A. Kaufman and Farrah N.W. Rifelj
When an employee complains of any form of harassment, most employers know that they need to take the complaint seriously and investigate it in order to reduce their risk of a lawsuit from that employee. Unfortunately, sometimes fear of a lawsuit causes employers to shortchange the process of fairly investigating and evaluating the complaint, and instead to take a "guilty until proven innocent" approach toward the alleged harasser. Some employers may even go as far as immediately terminating the alleged harasser without any investigation in an effort to avoid litigation. A federal Court of Appeals recently confirmed that this approach has potential pitfalls and might even spark litigation from an unexpected source — the alleged harasser.
In the recent case of Sassaman v. Gamache, 566 F.3d 307 (2d. Cir. N.Y. 2009), a federal Court of Appeals upheld a male employee's claim of sex stereotyping (sex discrimination) pursuant to Title VII of the Civil Rights Act, which protects persons in certain protected classes from discrimination in employment, because his employer assumed, without investigation, that he had sexually harassed his coworker. Sassaman's female coworker, Brandt, complained to her boss, Gamache, that Sassaman had harassed her. Instead of investigating the complaint, Gamache suspended and then terminated Sassaman, allegedly stating that he did not have any other choice because the female coworker would sue. Gamache allegedly added that Sassaman probably harassed her because he is male.
The employer presented a "damned if you do, damned if you don't defense," claiming that if it had not terminated Sassaman, Brandt would have sued. Despite recognizing the employer's valid concern that disregarding charges of sex-related misconduct put it at a considerable risk of being sanctioned for having tolerated sexual harassment, the Court disagreed with the employer's Catch-22 analysis. Specifically, it stated, "[w]e appreciate that employers who fail to address claims of sexual harassment expose themselves to civil liability. However, fear of a lawsuit does not justify an employer's reliance on sex stereotypes to resolve allegations of sexual harassment, discriminating against the accused employee in the process." Ultimately, the Court reminded employers that while Title VII requires employers to take complaints of sexual harassment seriously, it also requires that they not presume male employees to be "guilty until proven innocent" based on invidious sex stereotypes.
So, what are the lessons for employers? First, employers must take affirmative steps to prevent harassment and minimize liability. An employer's first steps should be to develop and implement a clear policy against harassment, communicate the policy regularly and retain documentation of employees' receipt of the policy. It also is important to train employees and their supervisors to make it absolutely clear that the employer prohibits harassment and to ensure that any such conduct is reported and results in appropriate discipline. If an employee complains of harassment, do not simply attempt to clean your hands of the problem by terminating the harasser. Instead, be sure to conduct a prompt, fair and thorough investigation and listen to both (or multiple) sides of the story. In addition, make sure that you document the rationale for any decisions, especially credibility decisions, and assure that none of them are based on stereotypical assumptions. Conducting a fair and transparent investigation, to the extent possible given any confidentiality concerns, will not only reduce the likelihood of a lawsuit, it will put the employer in a better position to defend one. If the employer concludes that harassment occurred, it must take prompt corrective action, including disciplining or terminating the harasser. The employer also should monitor the situation to ensure that the complaining party and the witnesses are not subjected to harassment or retaliation.
Sexual and other harassment claims remain a source of great concern and potential liability for employers in Illinois and across the country. By taking certain key steps, employers can help prevent harassment and minimize their potential exposure if an employee complains of harassment.
Co-authors Daniel A. Kaufman (Partner) and Farrah N.W. Rifelj (Associate) are with Michael Best & Friedrich. Their emails are
dakaufman@michaelbest.com and fnwrifelj@michaelbest.com
and they can be reached at 312-222-0800.
IMA secures job training grant funding
The Illinois Manufacturers' Association is pleased to announce that it has been awarded a grant from the Illinois Department of Commerce & Economic Opportunity that will help reimburse manufacturing companies for eligible job training expenses conducted during the state's last fiscal year. Companies are eligible to apply for reimbursement for job training activities conducted between July 1, 2008 and June 30, 2009.
While there is a tremendous need for job training money, the grant award provided to the IMA is substantially less than requested because it utilizes funds left over from the previous fiscal year. Therefore, the final grants awarded to companies will likely be prorated based on the total number of applications and amount of reimbursements requested.
The IMA has a very short time frame in which to collect and remit the requisite forms to the Illinois Department of Commerce & Economic Opportunity. The forms are located on the IMA website and all forms must be completed and submitted to the IMA by the close of business on Friday, September 18.
The IMA is continuing to work with Governor Quinn, members of the legislature, and the Illinois Department of Commerce & Economic Opportunity to secure ETIP job training funds for the new fiscal year that began on July 1, 2009. The FY10 state budget was signed into law in late July and the administration is now in the process of allocating funding for various grant programs. The IMA will continue to keep companies apprised of job training reimbursement opportunities in the future.
DATES OF NOTE:
More information/events may be found at http://www.ima-net.org/calendar.cfm and
http://www.ima-net.org/MIT/open.cfm
August 25, 2009
IMA-MIT Event: Effective Presentation Skills, DePaul University O'Hare Campus, 3166 River Rd, Des Plaines
Today's business presenter must know how to create and articulate a clear and concise message, respond to questions in an effective and logical manner, and create and use compelling visual aids. This interactive, energetic workshop will provide the business presenter with all of the necessary skills required to deliver a winning presentation. The workshop will introduce and reinforce these skills by having the participant deliver three videotaped presentations.
September 11, 2009
MPAC Golf Outing
Willow Crest Golf Course, Oak Brook
Join your peers and support MPAC at the annual golf outing. Spend the day networking with IMA members on Willow Crest's 18-hole championship golf course. Located in Oak Brook at the Oak Brook Hills Marriott Resort. Noon — Lunch; 1:00 PM — Shotgun start; 5:30 PM — Networking reception. Sponsorship opportunities are available. Visit
https://www.ima-net.org/mpacgolf09.cfm
to register. For more information, contact: Kimberly McNamara, 800-482-0462, Ext. 2109, email:
kmcnamara@ima-net.org.
September 16, 2009
IMA EVENT: OSHA Recordkeeping —NIU-Naperville Campus,
1120 E. Diehl Rd., Naperville
8:30 am–Noon, Presenter: Jeff Risch, Partner, SmithAmundsen, LLC Cost: $125 IMA members; each additional attendee $100; $150 Non-members. Contact: Kimberly McNamara, 800-482-0462, Ext. 2109, email:
kmcnamara@ima-net.org.
October 2-4, 2009
IMA's Young Leaders Council Fall Conference
Eagle Ridge Resort • Galena
Sign up today at: https://www.ima-net.org/ylc09.cfm
November 5, 2009
IMA EVENT: Sales & Use Tax Seminar
NIU-Naperville Campus, 1120 E. Diehl Rd., Naperville, IL
Join your peers for an update on Illinois Sales & Use Tax presented by Joe Bigane, Wolf & Co. 8:30 a.m.-12:30 p.m. Cost: $125 IMA members; $100 each additional attendee; $200 Non-members. Contact Kimberly McNamara, 800-482-0462, ext. 2109, email
kmcnamara@ima-net.org.
Sign-up online for IMA publications
The IMA communicates weekly with IMA members, policy-makers and others interested in IMA activities. IMA publications include: Executive Memo, Human Resources Memo, Healthcare Memo, Tax Policy Memo, Sustainable Memo and The Illinois Manufacturer magazine. All are published electronically with the exception of the magazine, which is published quarterly and mailed through the USPS. Take a moment to visit
http://www.ima-net.org/membership/preferences.cfm
to sign up for the IMA publications that are right for you.
Introducing FedEx Advantage® for IMA members . . .
IMA and FedEx are proud to announce a new member benefit. As an IMA member, you are now eligible to receive valuable discounts of up to 29% on select FedEx® shipping services and can also take advantage of additional savings on FedEx Freight® and FedEx National LTLSM services:
· FedEx Express®: from 19% to 29% on select services
· FedEx Ground®: from 5% to 20% on select services
· Additional savings on FedEx Freight® and FedEx National LTLSM services
Visit https://advantagemember.visionary.com/4533
and enter passcode [VM6MXK] for more information or to enroll. If you have additional questions, please call 1-800-MEMBERS (1-800-636-2377, 7:00 a.m.– 5 p.m. CST, M-F) to speak to a dedicated member service representative.
Join the IMA Energy Program . . .
IMA members looking to compare their electric supply options can go to http://www.newenergy.com/ima
and receive a free, no obligation rate quote.
OfficeMax Advantage can save you 30% or more on your office supplies . . .
IMA members and OfficeMax — a first-class partnership
Go to: http://www.ima-net.org/membership/programs.cfm
to download your OfficeMax Retail Connect Card and start saving today!
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