From ChamberChoice

Note: For additional information about PA’s new medical marijuana law, watch the Chamber’s Lunch Seminar on medical marijuana and workplace drug policy from Nov. 2018.

Pennsylvania legalized medical marijuana for the treatment of certain medical conditions in 2016, but marijuana still remains a controlled substance under federal law. In 2019, the infrastructure of licensed growers and dispensaries is well-developed throughout the Commonwealth, and many Pennsylvanians holding prescriptions for medical marijuana have been able to obtain medical marijuana for therapeutic use. For that reason, Pennsylvania employers who employ or may someday employ medical marijuana users must review their employment policies to avoid conflicting with the new law.

The Pennsylvania Medical Marijuana Act (“MMA”) bans employers from discriminating against an employee solely on the basis of the employee being permitted to use medical marijuana. For example, an employer cannot fire or refuse to hire an employee or applicant after learning that the employee carries the ID card required to purchase medical marijuana. An employer generally should not inquire about whether an employee or applicant possesses a medical marijuana prescription and/or ID card to purchase medical marijuana. Also, employers should have specific policies about drug use and testing in the workplace that consider the effects of the MMA.

Zero-tolerance drug policies are still permitted under the MMA, but employers should closely review these policies to avoid discrimination. If you are looking for an expert to guide you, see more about Ohio Green Team – Columbus to learn about the laws surrounding the industry. Employees who possess the ID card to purchase medical marijuana may be prohibited from using or being under the influence of marijuana at work. Drug testing, if conducted, should be done pursuant to an established policy made available to employees.

If drug testing is performed within the guidelines of the established policy, then an employer is more likely to avoid discrimination claims; drug testing should also be conducted and enforced consistently. It is possible that drug testing would reveal off-site marijuana use that does not indicate the employee is currently under the influence. In these cases, employers should exercise caution before terminating an employee (if the policy authorizes termination) to avoid potential discrimination based on the underlying medical condition being treated by medical marijuana – there should be a connection between the off-site marijuana use and workplace activities warranting the termination.

Finally, the MMA restricts medical marijuana users from working in certain dangerous occupations, including work related to public utilities, mining, and in settings deemed by the employer to be life-threatening. Further, federal laws requiring drug testing and restricting marijuana use in certain occupations are unaffected by the MMA; therefore, employers currently required to conduct testing under federal law must continue to do so.

Complying with the MMA will not require most employers to make major changes to the way they operate or how they screen employees, but sensitivity to the nondiscrimination provisions in the MMA will go a long way to avoiding potential discrimination claims and compliance issues as medical marijuana use becomes more common in the coming years.

Over the past 21 years, the Columbia Montour Chamber, through the Foundation of the Columbia Montour Chamber, and several Chamber members have been supporters of the Pennsylvania Free Enterprise Week (PFEW).  This unique educational summer program provides students from across the state the unique opportunity to learn about business and manufacturing.  Thanks to continued generous support of members through The Foundation, the Chamber has been able to provide 167 local students with the experience of running their own simulated company.

On the morning of Wednesday, Jan. 23, two of those students, Lillian Aronson and Allie Diehl, joined a room full of educators and companies to share their experiences at PFEW last summer.  Both young ladies are currently seniors at Millville High School and were selected by their peers to be CEOs of their companies during the week at Lycoming College.  The students shared the rich, life changing program and experiences PFEW brought to their lives.  With dynamic and diverse groups of teens from around the state, these young people learned to work on complex, real world rooted problems facing businesses every day.

Hearing the stories from the students themselves was truly inspiring. Scott Lee, PFEW’s VP of marketing and development, was on hand to share the history and impact of PFEW.  Scott has appreciated the PFEW experience as a mentor, father of a graduate, and now as an employee.  He shared that PFEW isn’t about business, but about the experience.  Working with students from around the state, all with different backgrounds and futures, results in friendships and memories that last well beyond the week, a sentiment shared by our students presenters.  Scott also shared the value of local partners in the success of PFEW.  The Foundation, through generous donations from Chamber members and others, has provided $72,000 to fund 167 scholarships over the past 21 years through the Educational Improvement Tax Credit (EITC) program and corporate sponsors. Other Chamber businesses like PPL Electric Utilities, First Columbia Bank & Trust, SEKISUI SPI, and USG have all contributed in 2018 to provide an additional $10,400 to fund an additional 18 scholarships.

Last to take the podium was Mark Burke, founder and lead consultant and educational planner of THINK’ID8.  Mark has been a company mentor (aka company advisor) over the past few years.  He shared his experiences as a former educator being trust into this new week long experience.  The biggest challenge was the first year learning the company advisor’s directive is to not answer any question directly.  They learn to guide the students through a process of problem solving on their own, using their combined skills.

To learn more and support students’ abilities to attend PFEW contact the Foundation at 570-784-2522 or by email.

A group with representatives from manufacturers, business services providers, nonprofits, staffing, hospitality, human services and other industries gathered for Chamber’s first educational lunch seminar of the year organized with PA CareerLink Columbia/Montour Counties and sponsored by PPL Electric Utilities, on Thursday, Jan. 24 held at LCBC Church. Lunch was provided by Lucy’s Kitchen & Catering.

The presentation featured Jon Cummins from incept, who spoke about utilizing various digital strategies to help meet employee recruiting challenges. Several statistics were shared during the slideshow, including that as of 2018, 80% of men and 75% of women have smartphones. This includes 94% of those aged 18-29, 89 of those 30-49 and 73% ages 50-64 – showcasing the need to have a digital strategy beyond just posting job openings on online job boards and websites. Among possible solutions discussed were digital recruiting promotions such as paid search, display, mobile application, social media, geo-fencing and retargeting ads. Various targeting opportunities were also mentioned such as keyword, site, behavior/demographics and event.

The entire presentation can be viewed below for those that were interested but unable to attend, or for those that did attend and would like to review some of the content.

If you’re proud of your safety and prevention program for its impact on reducing employee injuries, financial savings and other achievements, please consider applying for the Governor’s Award for Safety Excellence. The purpose of the award is to recognize outstanding prevention programs and the superior efforts that make these programs so successful. Companies can nominate themselves or be nominated by a third party.

Read more about the process, see past winners, and download a nomination form at the PA Dept. of Labor’s website.

All applications must be submitted by June 1, 2019 to:

Barbara White 
Program Coordinator
Bureau of Workers’ Compensation
Health and Safety Division
1171 South Cameron Street
Harrisburg, PA 17104

For additional information or assistance call (717) 772-1917 or email.

Member News

• Jazz vocalist Charenée Wade will bring her classic jazz sound to the Weis Center for the Performing Arts for a free performance tonight, Jan. 23, at 7:30 p.m. in the Weis Center Atrium.

Tickets are not required. Known for expert vocal improvisation and her seriously swinging groove, Wade evokes a classic jazz sound akin to Betty Carter and Sarah Vaughan, two of her musical touchstones. A singer, composer, arranger and educator, Wade is a professor at the Aaron Copland School at Queens College and was just recently appointed to Peabody Institute. 

• Danville Child Development Center recently received just over $25,000 in scholarship funds to provide area children with opportunities to attend high quality preschools like DCDC, a Keystone STARS STAR 4 provider and accredited by the National Association for the Education of Young Children. Funding for the scholarships is provided through the Department of Economic Development’s Educational Improvement Tax Credit program. Businesses supporting DCDC’s scholarship program include, among others, fellow Chamber members Cole’s Hardware, First Keystone Community Bank and PPL Electric Utilities.

• AGAPE is in desperate need of warehouse and driver volunteers. Even if you might only be able to help one day per month, that would be of tremendous value to AGAPE as it works to ensure it serves those in need. If interested, or for questions, please contact AGAPE at 570-317-2210 or stop in their office at 19 East 7th St. in Bloomsburg and fill out an application.

• The St. Olaf Orchestra, featuring Sarah Chang on violin, will perform a free classical music concert on Thursday, Jan. 31, at 7:30 p.m. at the Weis Center for the Performing Arts. Tickets are not required, and this family-friendly performance is suggest for grades 5 and above. 

Named “one of the best college orchestras in the nation” by Time magazine‘s Richard Ostling, the St. Olaf Orchestra is a full symphony orchestra known for its passionate music-making and professional-level performances. Founded in 1906, the ensemble has been heralded as one of the best collegiate orchestras in the country and was named the winner of the 2013 American Prize for Orchestral Performance among colleges and universities. 

Recognized as one of the world’s foremost violinists, Sarah Chang has performed with the most esteemed orchestras, conductors and accompanists in an international career spanning more than two decades. While at the Weis Center, they will perform: Samuel Barber’s Overture to “The School for Scandal,” Missy Mazzoli’s These Worlds In Us, and Jean Sibelius’ Violin Concerto in D minor, Op. 47 featuring Sarah Chang on violin. After intermission, they will perform Peter Ilyitch Tchaikovsky’s Symphony No. 5 in E minor, Op. 64.

• The Bloomsburg University athletics department will celebrate National Girls & Women in Sports Day on Saturday, Feb. 2 with a couple of opportunities for youth. There will be a free basketball clinic at 10 a.m., followed by a speed and agilities clinic at 10:30 a.m., and an activities fair at 11:15 a.m. There will be free pizza for all participants at noon, followed by free admission to that day’s women’s basketball game at 1 p.m., and a postgame autograph session. This clinic is open to all boys and girls in grades K-8. Register by calling 570-389-3907 or by email. For more information, see the flyer. 

• Geisinger HealthSouth Rehabilitation Hospital recently unveiled its new name and brand as part of its Company’s name change and rebranding initiative. As of Jan. 1, the inpatient rehabilitation hospital is now known as Geisinger Encompass Health Rehabilitation Hospital. It will continue to provide the same high-quality, post-acute care for patients overcoming a variety of major illnesses and injuries. To commemorate the new name and brand, the hospital will be hosting a open community celebration event on Thursday, Feb. 7, from 3-6 p.m. The event will be held in the hospital dining room, located at 64 Rehab Ln., Danville. Tours and photo booths will be available for event attendees, and hor d’oeuvres will be served. RSVP prior to the event to 510-271-6110 or by email. Birmingham, Ala.-based HealthSouth Corporation launched its new name and brand on Jan. 1, 2018 and has been transitioning its 130 inpatient rehabilitation hospitals and 273 home health and hospice locations serving 36 states and Puerto Rico over the last year, which will continue through 2019. All of the Company’s post-acute care service locations in Pennsylvania will migrate to the Encompass Health name and brand on Jan. 1.

• Beginning the week of Feb. 11 and running through April 4, the United Way of Columbia and Montour County will once again offer free basic tax help to low and moderate-income residents in the community. This program will be held Tuesdays and Wednesday from 2-6 p.m. and Thursdays from 4-8 p.m. at Wesley United Methodist Church, located at 130 W. 3rd St., Bloomsburg (use the rear entrance). No appointments are necessary, only drop-offs and walk-ins will be accepted. For questions, call the United Way at 570-784-3134 or email. 

• Knoebels Amusement Resort will hold its annual job fair on Saturday, March 2, from 10 a.m. – 1 p.m., at the Elysburg Fire Department, located at 1 East Mill St., Elysburg. There are seasonal positions available in games, ride operations, food service, gift shops, grounds crew, security & first aid, admissions, crystal pool, campground, guest services, and more. If you have a particular interest or skill set, Knoebels has a job for you. Visit the Facebook event for more information. 

The 31st annual Early Bird Sports Expo is scheduled for this weekend, Jan. 24-27 at the Bloomsburg Fairgrounds. The show gets underway on Thursday, Jan. 24 at 4 p.m. and runs through Sunday, Jan. 27 at 5 p.m.

This annual event, focused on the outdoors, will feature a PA Hunters Safety Course, a 3D archery range, a turkey-calling contest and much more. Over 120 vendors will be present to showcase items such as boats, RVs, hunting and fishing equipment, taxidermy, and much more. Fellow Chamber members Steph’s Subs and J.A. Aten Beef Jerky & Best Bar-B-Q Sauce will be two of the food vendors on site. Other Chamber members confirmed as vendors include the Columbia-Montour Visitors Bureau and the Center for Hearing & Balance at Bloomsburg University.

Hours of the show are Thursday from 4 p.m. – 9 p.m., Friday from 10 a.m. – 9 p.m., Saturday from 10 a.m. – 8 p.m., and Sunday from 10 a.m. – 5 p.m. Parking is free, and admission is $6.50 ($6 with the coupon). Kids under 12 are free, as are military personnel with an ID. For more information, visit the Early Bird Sports Expo website.

From PA Chamber of Business & Industry

The U.S. Department of Labor recently sent a proposed rulemaking regarding “white collar” overtime exemptions to the White House Office of Management and Budget.

The proposed rule is intended to replace the final rule issued in 2016, which would have more than doubled the minimum salary level for exempt white collar employees from $455 a week (23,660 annually) to $913 a week ($47,476 annually).  When the rule was initially issued, the U.S. Chamber led a lawsuit of 55 business groups that challenged the DOL’s redefinition of who qualifies as an “exempt employee,” and a federal court issued a permanent injunction that blocked the rule from taking effect.  The Trump administration, which appealed that decision to the U.S. Court of Appeals and obtained a stay of the appeal, has long been expected to introduce an alternative, and more reasonable, overtime rule update.

The period for review by the OMB office is generally limited to 90 days, though that timeline could be extended 30 days by the OMB Director and indefinitely by the head of the rulemaking agency (in this case, the DOL).  Employer advocates have expressed concern that inaction could lead the court to reverse the injunction if the DOL doesn’t finalize a new rule before the 2020 presidential election and President Trump doesn’t win a second term – a scenario that would result in a $48,000 salary threshold being implemented.

According to the National Law Review, while the department has pressed the pause button on this rulemaking since President Trump took office, Labor Secretary Alexander Acosta has repeatedly indicated that he favors some increase in the minimum salary threshold for exemption, which was last raised in 2004.  The Trump administration has formally announced its intention to issue a March 2019 rulemaking and some policy experts anticipate that the DOL will set a salary level in the low-to-mid-$30,000’s, using methodology established in 2004.

As this has played out at the federal level, the PA Chamber was heavily engaged last year in combatting overtime rule changes at the state level.  Last year, the Wolf administration proposed a more than 100 percent increase in the minimum salary threshold to qualify for “overtime exempt” status and also required regular increases to the threshold.  The PA Chamber led an effort to solicit comments from businesses throughout Pennsylvania in response to this ill-advised proposal, and also submitted comments ourselves that outlined numerous concerns including the cost on businesses and the nonprofit community and the negative impact on employees who would be forced to transition from earning a salary to less flexible hourly positions.  After the Independent Regulatory Review Commission reviewed these comments, it issued comments of its own that largely echoed the business community’s concerns and said that the state Dept. of Labor and Industry should work more closely with the legislature when undertaking such a significant and substantial rule change.  The department will likely still submit a final proposed rule, which IRRC could opt to reject if its questions are not sufficiently addressed or directives not sufficiently adopted.

The team at MePush recently put together a helpful slideshow presentation for users on the Web to stay safe and avoid being hacked, phished, or infected with malware. This is a basic set of guidelines to help you identify your risks on the web.

We’re pleased to introduce the 23 organizations and individuals that have been nominated for the Chamber’s 2019 awards. Congratulations to all of the nominees. Find out who will win each of these four awards by attending the Annual Meeting, sponsored by PPL Electric Utilities, on Tuesday, Feb. 12 at the Barn at Frosty Valley.

Nominees

Small Business of the Year (sponsored by First Columbia Bank & Trust)
For The Cause
Marr Development Inc.
Wild For Salmon

Large Business of the Year (sponsored by DRIVE)
Autoneum
First Columbia Bank & Trust
Knoebels Amusement Resort
North Shore Railroad
Service 1st Federal Credit Union
Williams

Community Progress (sponsored by Commonwealth Health Berwick Hospital Center)
Community Strategies Group
Danville Area School District
First Columbia Bank & Trust
Frosty Valley
Ken Pollock Ford Lincoln
Pretty Petals and Gifts by Susan
Quality Inn
Service 1st Federal Credit Union

Outstanding Citizen (sponsored by Berwick Industrial Development Association)
Linda Brown, Service 1st Federal Credit Union
Mark Gardner, M&T Bank
Rich Kisner, Community Strategies Group
Harry Mathias, Central Columbia School District
Josh, Jon and Marc Nespoli, For The Cause
Deb Swanson, Geisinger Bloomsburg Hospital