Columbus (2544)

The way children are accessing Highlights for Children’s products have changed, which has changed how the company thinks about the Web and uses digital platforms.

“Of course, the children today have so many more choices across a bunch of different platforms. But to take it to the higher level, I think we’re competing for time — we’re competing for children’s time today,” says Shelly Stotzer, executive vice president and chief marketing officer for Highlights For Children. “Anything that’s a use of their time, whether it’s after school activities, sports, books, apps, computers, TV, all the things that children do today, we hope that they find the time to engage in positive products and stories, things that we reflect in our product experiences.”

Highlights believes there is a place for all its different products, but it’s important to make sure the company reaches children with the content that is right for them in a format that is good for them.

“Sometimes they want to play on a computer,” Stotzer says. “I have a 7 and 9 year old, and sometimes they want to read on their Kindles. Sometimes they want to play on my PC. But sometimes they want to snuggle in their bed with a book, and sometimes they want to read a magazine in the car, and sometimes they want to do a puzzle book at the restaurant. “We believe there is a place for all these things.”

Digital marketing

So, how can companies re-position themselves to meet customer needs through all of the different platforms available today like Highlights recognized it needed to do at least a decade ago?

First, Stotzer says it’s important to recognize that the consumer, the customer is in control.

That’s especially true with technology, which changes so quickly. Understanding the needs of your clients — in this case, children — is imperative.

“If they don’t have a positive consistent brand experience, they have a lot of influence. They have a lot of control. They have a lot of opportunity to help you or hurt you,” she says. “I think finding your advocates is important, and listening to those who have some feedback for you is important — adjusting and learning along the way, putting the customer at center, so they have the control.”

Then, start with what you’re trying to accomplish. Don’t think of all of these social channels as one big channel. Twitter has a different place than Pinterest, which has a different place than Facebook and even a different place than Instagram and all the other unfolding new technologies, Stotzer says.

Ask yourself: why are you there? What do you want to accomplish? And that’s what really should drive what you do.

“In our case we have great people who care about kids engaging in our content. It’s a little different than what I’m guessing a different type of organization — a b2b organization, or an organization not focused on consumers or an organization not focused on children — might do,” she says.

Opportunities in social media

The social media space is another chance to have more dialogue with customers. And your social media strategy needs to consider numerous angles, such as engagement, customer service and sales, before launching into it.

Highlights doesn’t see social primarily as a sales channel. It’s about building a relationship, building really positive interactions with customers and being in a space where you are top- of-mind with them.

 “If you move beyond just Facebook and you think about Pinterest and other sources as well, there are a lot of families engaged in that space,” Stotzer says. “What we’ve found is that the followers we’ve obtained, or the friends that we’ve earned are very, very engaged in our brand and in our social media content.

“We focus a lot on making sure we’re giving them good content, good information, engaging them through jokes and riddles, getting them to participate by getting pictures and their thoughts on things. We’ve found that the customers who we are engaging with seem very appreciative and it’s growing, it’s growing at a substantial rate.”

Legal and privacy challenges

Stotzer says there always studies coming out to tell Highlights what should be done at different ages and how much times online is good for children. The company wants to be conscious of that as it decides what to launch and in what format.

“We do what’s right regardless of what government regulation says — what I mean by that is of course we’re not going to break law, but in fact we might be more strongly self regulated than the law would require,” she says.

“We always put the children and the family and the long-term customer experience at the forefront of our decisions. And so we are very careful in that space. I want to wake up every morning and feel like I’m doing the right things regardless of what the law says.”

For example, Highlights was one of the first COPPA certified websites, which relates to children’s privacy and ensuring companies aren’t collecting inappropriate information on kids.

“We adopted that way before most because we knew it was the right thing to do,” Stotzer says.


Find out how Highlights for Children is leveraging customer data to provide great experiences worldwide


Learn more about Highlights for Children, at:

Twitter: @Highlights


How to reach: Highlights for Children, (614) 486-0631 or

Thursday, 27 February 2014 20:15

How the ACA could change Ohio workers’ compensation

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Although it appears the Affordable Care Act (ACA) was not intended to affect the workers’ compensation system, it may influence it. Ohio may be less likely to experience some of the hypothetical outcomes discussed for other states, but there is a correlation and potential impact.

Smart Business spoke with David D. Kessler, medical director at CompManagement Health Systems, about how the ACA might affect workers’ compensation.

What aspects of the ACA could be used in the workers’ compensation system?

An important concept with the ACA is the reference to Accountable Care Organizations, which are groups of health care providers who coordinate the care given to their patients. This requires sharing information for informed decision-making among stakeholders.

Workers’ compensation has many moving parts that involve multiple interested parties, creating variable goals. These have the potential to introduce inefficient processes, escalating costs and compromising care for injured workers. Sharing clinical information between parties helps with enhanced decision-making and permits the use of evidence-based best practices. Coordination on this level should reduce duplication of services, potentially reduce medical errors and enhance recovery from an injury, permitting a timely and safe return to work.

It is generally accepted that fee-for-service payment methodology has a tendency to increase utilization for optimizing provider revenues. Although a higher frequency of care in the acute phase may increase initial costs, it can mean achieving long-term goals and better outcomes, lowering costs to employers.

How could the ACA’s expanded benefits affect workers’ compensation?

The ACA may result in healthier employee groups because it covers those who previously had no health care benefits, allowing them to address primary health care needs. A healthier employee population should have lower risks for claim frequency or severity, reducing associated costs from disability and medical care post-injury. Although employers may fear increased exposure for filing claims or prolonged use of services initially, this may lessen when other health care options are offered. However, high deductibles or co-pays may create financial stress to the beneficiary, discouraging greater use of health insurance.

Another common situation in workers’ compensation is when an employee’s current health status or pre-existing condition prolongs recovery and requires additional care, successively producing greater costs. Accurate diagnosis and complete records help the Managed Care Organization (MCO) determine if the requested services are necessary for treatment in a claim. Engagement and personal responsibility from the individual through accessing available health care that may be external to workers’ compensation can help decrease barriers affecting response to treatment.

How might the ACA affect the kind of care provided through workers’ compensation?

Another component of the ACA that affects the workers’ compensation arena is the Patient-Centered Outcomes Research Institute (PCORI), which is designed to improve health care delivery and outcomes. In a comparable process, MCOs in Ohio are required to use Official Disability Guidelines (ODG), which are a meta-analysis of evidence-based protocols that serve as the basis for evidence-based care collaboration. When providers are reluctant to cooperate and discuss evidence-based practices, it impedes achieving ideal outcomes. Utilization management of requested services from the MCO industry is enriched through use of tools such as ODG, and should serve as an educational opportunity for informed decision-making for injured workers, employers and providers. PCORI’s success could facilitate applicable use in the workers’ compensation system.

Although the ACA may not directly impact Ohio workers’ compensation, its focus on the interactive communication of evidence-based medicine for informed decision-making, regardless of the payer or administrative organization, should be the guiding message driving quality, cost-effective, patient-centered care.

David D. Kessler, DC, MHA, CHCQM is Medical Director at CompManagement Health Systems. Reach him at (614) 760-1788 or

Insights Workers’ Compensation is brought to you by CompManagement Health Systems

When John Sheppard stepped into his role as president and CEO of EveryWare Global Inc. nearly two years ago, he knew he was faced with the difficult challenge of bringing together two ingrained cultures of two iconic brands — what he didn’t know, was that the two companies had yet to meet.

Anchor Hocking and Oneida, two of the most well-known and long-time consumer brands in tabletop and food preparation products had been purchased by Monomoy Capital Partners in 2007 and 2012 respectively, and the two companies were set to become one under the umbrella of EveryWare.

“I think there might have been a phone call at one point, but for the most part, they operated independently,” he says. “There was no discussion between them.”

Sheppard has more than 25 years of senior leadership experience with some of the world’s largest consumer goods companies, including 20 years in executive positions at Coca-Cola Co. When he came to EveryWare, he was looking for an opportunity to move back into a CEO role, growing a branded business, especially on the international side.

Sheppard was up to the challenge of turning perfect strangers into one team.

“This was exciting to me because Anchor Hocking and Oneida, particularly Oneida, are some of the best-known brands in the business,” he says. “When I came in, the whole objective was to take these two companies and great brands and combine and integrate them — so, pull together a leadership team, create a vision for the company and then execute on that.”

Here’s how Sheppard merged the companies together and took them public, creating an organization with more than $440 million in annual revenue and 2,000 employees.

Becoming one company

The first step in a merger is usually to get the management teams together and go through the transition punch list, as it were.

Sheppard began by telling them how EveryWare was going to operate moving forward. Then, he looked for strengths and weaknesses, finding the right talent and putting them in the right place.

Sheppard says he came in with an open mind, trying to meet with and listen carefully to the employees in the first few months he was there to find out where they believed the business could expand, and where it couldn’t.

“It became pretty clear where the strengths and weaknesses were, and where we had opportunities to cut costs,” he says.

“There were definitely some headcount reductions during that process, and that was natural because in any acquisition you don’t necessarily need two complete sets of SG&A [selling, general and administrative] costs,” Sheppard says.

But open communication is key — letting people know what you’re doing and when you’re doing it. Sheppard says the uncertainty is what drives people crazy.

“They would rather hear the bad news, as opposed to just dragging on, with no information at all,” he says.

Over time, it became apparent that most of the resources would be moved to the Ohio headquarters.

Sheppard says even though he’d been through many mergers and acquisitions before, you always learn as you go forward and see things you would have done differently.

In addition to making sure you communicate proactively with your board and the outside public as much as possible to avoid surprises, management changes should be made quickly if there’s a problem.

“I think probably, from a management team standpoint, I would have integrated food service and retail sooner, rather than later. I waited until last year and I probably should have done it earlier,” he says.

“So, move quickly when you know you have an issue to resolve.”

Going public

At the end of 2012, the decision was made to take EveryWare public. An initial public offering would create currency for the company, opening the door to potential acquisitions down the road.

It also was an opportunity for the private equity firm to take some money off the table. Because it owned 100 percent, an IPO allowed the firm to give back to its shareholders and partners.

Sheppard says they worked intensely for four or five months before going public under the stock ticker EVRY last May.

“That was intense,” Sheppard says. “That was a lot of midnight, 2 a.m., weekend, holidays, you-name-it meetings.”

Sheppard drew on his experience working in public companies and taking companies public to help spearhead the time-consuming and complicated transition.

“It’s quite an intense process,” he says, “It requires an understanding of the difference between a private and public company. You have to be extremely open about business, making sure you’re communicating effectively both internally and externally.”

Everyone had to come to the realization that life as a private company is a lot different than life as a public company.

“Some people found that more difficult than they would have thought,” Sheppard says.

“It’s probably not a great place to start trying to learn — right when you get thrown into the middle of a public offering,” he says. “We had some learning curves with some of the finance people, as they were learning the systems and processes and how to go public and all that. But we had a lot of hardworking people in finance and everywhere else.”

Expanding to new markets

After two major changes over the past two years, Sheppard says the company’s biggest challenges now are execution and focus as management works on a number of initiatives.

EveryWare has begun to expand into new categories, launching new products and SKUs.

“We entered into Brazil, Korea and expanded our business into Mexico and China,” Sheppard says. “And we also added a bunch of new customers in 2013, and we’re also starting to announce some in 2014.

“We’ve really started to grow the brand — expanding both horizontally and vertically. We’ve expanded our current customers and we’ve added new customers.”

EveryWare sells tableware, flatware, dinnerware, beverageware and serveware to retail outlets like Wal-Mart, Target and Bed Bath & Beyond. It also sells to hotels, restaurants and cruise lines.

Sheppard says the top-line growth was about 5 to 6 percent in 2013, which is three times the industry rate.

“International is driving a lot of that. International drives a lot of the growth — that’s because of both new markets and doing better in existing markets,” he says.

Again, Sheppard can draw on his 12 years of experience running Coca-Cola’s operations in Africa, England, Poland and Austria to help guide global moves.

The company chose to enter Brazil and South Korea for a number of reasons: the two countries have a $1.2 billion tabletop market and there are not many Western companies there, though both have relatively stable governments and a strong affiliation towards American goods.

EveryWare also wants to focus on penetrating new U.S. channels.

“Our retail business will be focusing on clubs, department and grocery stores, and in new product innovation, where we launch new SKUs,” Sheppard says. “Internationally, we’ll be opening new markets. In food service, we’re really focused on driving our placement of new products in restaurants and hotels. We’re excited about that. That’s going to be the focus going forward — profitable top-line growth.”



  • Communication is key.
  • Going from a private to public company requires new thinking.
  • Finding the right international markets will drive top-line growth.


The Sheppard File:

Name: John Sheppard
Title: President, CEO and director
Company: EveryWare Global Inc.

Born: Washington, D.C.

Education: Bachelor of arts in marketing at the University of Georgia, master’s degree in business administration in finance at the University of Georgia’s Terry College of Business.

What was your first job and what did you learn from it? I was in graduate school and saw an ad in the paper for Coca-Cola about an IT job, a systems job. I didn’t really know what system they were talking about, but I read up on it and got familiar enough with it so that when I went into the interview, I could talk about it. It was a financial IT package that I had used a little bit in graduate school.

So, I expanded my knowledge of the financial software package and got the job at Coca-Cola. After I became an expert on that software, I moved on to more regular financial analysis and financial management, eventually going overseas as the CFO of the Africa division.

I got my foot in the door at Coca-Cola, which is what I wanted to do. I knew once I got in, I could probably find my real calling in life.

Who do you admire in business? I’ve met so many. I met Bill Gates a couple of times. I really like that he was tough and always saw the end game.

I also joined a group called YPO, Young Presidents’ Organization, which is a worldwide organization. That brought me in touch with a lot of different executives around the world in a similar position. It was sort of networking for senior executives.

What is the best business advice you ever received? Listen well and base your decisions on facts, and then act decisively. Don’t waffle.

When you’re the leader, you listen, you gather the facts and then you act decisively. That’s what leaders do. They need to do that because then people will follow them.


Learn more about EveryWare Global Inc. at:



How to reach: EveryWare Global, Inc., (740) 681-2500 or

Highlights for Children might be best known for its Highlights magazine, which many children — and before them their parents and their parent’s parents — get at school or thumb through in doctors’ and dentists’ waiting rooms across the U.S.

While it’s proud of its past, the company has invested heavily in its future, propagating its brand internationally to reach children across the world. As it grows its presence and its products, the company is studying its customers and consumers, adapting its processes, expanding digitally and aligning its focus on the customer experience.

“We’ve definitely shifted from being a magazine-focused company to putting the customer at the middle of our thinking; we like to think of ourselves today as a family media brand,” says Shelly Stotzer, executive vice president and chief marketing officer for Highlights For Children.

Highlights breaks its audience into two segments: its consumers, who are the children from ages 0 to 12 who use its many products, and its customers, who are “almost anyone who is part of the village of raising a child,” Stotzer says. That includes parents, grandparents, aunts and uncles, teachers, doctors, caregivers and anyone else who is helping raise a child.

“We see people who buy from all demographics, all backgrounds, all different types of professions,” she says. “We definitely have a very diverse market.”

The company has a stronghold in the U.S. market, and has spent the past four years working to establish its brand across the globe. Today the company has a presence in Korea, Brazil, Ireland, India, Poland and China, putting some 4 million products in the latter country this year, compared to a few thousand in years prior.

Reaching all those countries means the company has had to expand its infrastructure, working with local partners in foreign markets to adapt its products to each one’s specific culture and people.

“We find great partners who we trust, we work closely with them to make sure we stay true to our mission, and then we adjust to make sure we’re appropriately meeting expectations and needs,” Stotzer says.

Highlights has also expanded its digital presence, providing children’s content on the Web for the past 10 years, and launching apps as far back as five years ago.

“Each day we learn something new,” she says. “The technology is changing so quickly. It wasn’t long ago that there weren’t many children’s books available in e-book format, but there are today.

“Children are not only downloading them but they’re also borrowing them from the library in a digital format.”

That means the company has had to keep its eye on the market to understand the needs of its consumers.


Putting customers first

Monitoring customer behavior serves multiple purposes for Highlights, such as helping its shift in philosophy from product-centric to customer-centric, in part to improve customer service.

“When we were product-centric, we were focused on how to increase sales or improve the experience within that product experience,” Stotzer says.

The company’s more recent customer-centric approach focuses entirely on the purchase and service experience.

“It says regardless of which product you buy or which channel you buy it through, we want to make sure that the infrastructure we’re putting in place, the processes, the experience is consistent and positive across that entire experience,” Stotzer says.

Illustrating the difference from one approach to the other, she says if someone bought a book from a retailer and they had a question about it, they could call an 800 number. But if that same customer on the same call had a question about a different product, they would need to be transferred or call another number. Today, one customer service staff at one number serves all its products.

“I believe that repeat buyers come from good customer experiences, good brand impressions. What necessitated it was recognizing that if we want to be as successful 60 years from now as we are today, if we’re going to get into all these new products and markets, we need to make sure we do it well.

“Simply saying if I’m a customer of Highlights, this is how I want to be treated, and if I want customers to come back this is what we should expect,” Stotzer says.

This approach is particularly important as the company continues to grow its product offerings from magazines into toys, merchandise, books and mobile apps while simultaneously building on its direct marketing approach by adding e-commerce and retail, all along with developing strategic partnerships in foreign markets.

“By doing so we needed to really pause and make sure every interaction, how we made decisions, how we set up our teams, how we engage the customer really reflected what we wanted it to reflect, which was a consistent, positive, customer experience,” Stotzer says.

Gaining greater insight

Taking that time to reflect led Highlights to establish its customer insights team, which was put in place to not only help the company provide better customer experiences, but also to leverage customer and market data differently.

“We have always done a good job of doing market segmentation for direct marketing,” she says. “We’ve always done a good job of understanding the profitability of our sources.

“But our customer insights team kind of flips that information on its side and allows us to look at who are our best customers across all the different channels we sell through — all the different product formats that we sell, who our best customer is, who is most likely to buy another product once they’ve bought our Hello magazine, who is most likely to transition into our High Five and into our Highlights, but then who also might be buying an app or some other type of product that we have to sell,” Stotzer says.

Highlights’ marketing database tool enables the company to better understand its customers’ experiences and life cycles across all of its products.

“So with the new database, it is structured in a way that the customer view is the first view that we see,” she says. “It provides a lot more flexibility in slicing and dicing that information so we can make good decisions. It also allows us to effectively target the right message to the right customer at the right time through the right channel and allows us to track that in a very visual way.”  

The database further allows Highlights to track customer purchases and marketing, which permits more trigger and automated marketing that makes it easier to follow up with the right transactional, sales or content touch point at the appropriate time.

Chasing a vision

The customer insights team also fielded Highlights’ first brand study this past spring. The study was an effort to understand not only what customers think, but what potential customers who aren’t engaging with Highlights today think and how Highlights might change their perceptions over time.

It’s also a step toward helping the company transition from being known primarily as a magazine for children in the U.S. to an international family media brand — “A customer-centric, global, multichannel, family media brand,” Stotzer says.  

She says the study was a starting place that established where the company was and compared it to where it wanted to be.

“We really put ourselves up against brands that we looked to as family media brands,” Stotzer says. “In the study, we did not put us up against brands that we felt were our historical competitive set where we might have been the leader in the group. We really wanted to create an aspirational set that would help us understand where we sit compared to those.”

She says she was happy with the results.

“I’m quite proud of what we’re known for. If you look at the characteristics that people think of us, they are right where we want them to be. We’re known as wholesome. We’re known as good for children. We’re known for being respectful. We’re known for a lot of the characteristics that we’ve strived to be known for.”

Highlights will repeat the study annually to track its progress against its benchmarks.

“We have a lot to build from, and that was helpful because there’s so much noise in the world today, you’re not sure where you really sit, but it was really helpful to know that we have a great foundation to build on,” she said.

The company is looking forward to spring boarding from that foundation to the next level.  

“The world is a big place,” Stotzer says. “We have plenty of countries and plenty of children all over the world who we can reach with the products we have, and we’re also continuing to add several products a year to our portfolio.

So we need to do all those things while also keeping an eye on the changing digital market and the changing needs of children.”


Find out how Highlights for Children is creating a comprehensive Web and social media strategy for all digital platforms


Learn more about Highlights for Children, at:

Twitter: @Highlights


How to reach: Highlights for Children, (614) 486-0631 or

Remaining relevant in a changing world: Learning from the Girl Scout’s long-term success

How can nonprofit operations be relevant to companies not in the same sector? The answer is simple — successful businesses share commonalities regardless of how they are defined.

Gone are the days when any organization, nonprofit or otherwise, can exist, let alone thrive, on goodwill and longevity alone. Efficient and effective business practices must be embraced throughout an organization.

So what secrets have allowed the Girl Scouts to remain strong for 102 years, while other companies have collapsed? Five key concepts are the bedrock of Girl Scouts’ success in this rapidly changing world:


A clear vision communicated and embraced throughout the company is essential. Defining your purpose and intended outcomes is important to every organization’s success. For Girl Scouts, investing in girls through leadership development programs has been a longstanding purpose since its inception in 1912.


While Girl Scouts has prevailed over the past 100 years by adapting to meet the changing needs of our customers (girls and volunteers), the organization’s basic principles and values have remained the same.

Today, girls have more choices than ever before, so what attracts them to Girl Scouts? Forward-thinking programs and new technologies address the needs and dreams of girls today, ultimately helping them reach their fullest potential. Girl Scouts cultivates these interests from a local, regional and global perspective — presenting programs that the girls need in a way they want.

Commitment to diversity

Data shows more women are attending and graduating college than men. Yet major discrepancies in the balance of leadership still exist.

So why aren’t more women rising in the ranks? Among the many reasons, young women aren’t encouraged to enter non-traditional fields, they lack mentors and they enter a workforce that is still top-heavy with men. Until leaders, both men and women, commit to diversifying all levels of an organization, a pluralistic workforce will remain illusive.


Companies also need to be innovative with their products, delivery systems and marketing. Girl Scouts has been a leader in entrepreneurial innovation with its Cookie Program since the first sale in 1917. It has grown into the largest nonprofit social entrepreneurial program in the world.

Why have cookie sales been so successful? It allows girls to become the CEO of their own cookie business, learning and applying the vital skills of goal setting, decision-making, money management, people skills and business ethics. These are all things business leaders need to master to keep their companies relevant and growing.


An organization’s success also lies in its people. Whether it’s the dedicated employee who carries out the company’s mission and demonstrates its core values, or the consumer who relies on your services or products, special attention needs to be paid to both internal and external customer experiences.

Employees want to feel fully prepared to fulfill their job duties, and customers want to know they are valued and receiving the best service or product available. Fully tapping into and investing in your human resources ensures a loyal workforce and customer base. Without people, a company or organization can’t survive, let alone thrive.

How to reach: Girl Scouts of Ohio’s Heartland, (614) 487-8101 or

Learn more about the Girl Scouts of Ohio’s Heartland, at:

Twitter: @GSOhioHeartland

The Payroll Fraud Prevention Act of 2013, introduced in the Senate last fall, seeks to reduce intentional misclassification of employees as independent contractors.

“It clearly reiterates that it is on the federal government’s radar and that they are concerned about misclassification,” says Brendan Feheley, a director at Kegler, Brown, Hill + Ritter.

IRS and Department of Labor (DOL) officials also are aware that the employer mandate in the Affordable Care Act (ACA) may provide more incentive for businesses to classify workers as independent contractors to avoid providing health insurance.

“It’s going to be a heightened issue in 2015 as it relates to health insurance,” Feheley says. “I think the government is trying to get ahead of the issue and increase penalties for misclassification so it doesn’t look like an attractive option.”

Smart Business spoke with Feheley about employee classification and what businesses should do to ensure legal compliance.

How would the proposed legislation increase penalties for misclassification?

New civil penalties of $1,100 will be imposed for each affected individual, and $5,000 for repeated or willful violations. Plus, you would also need to pay for overtime underpayments or other damages related to the misclassification. Also, the Fair Labor Standards Act allows for recovery of attorneys fees for the plaintiff’s lawyer.

You can envision a scenario in which someone not covered by company health insurance has a medical condition and files a claim saying they’re really an employee and have been misclassified and are entitled to coverage, as mandated by the ACA.

What should businesses be doing regarding classification of workers?

First, look at your industry. If it’s known for using independent contractors — for example anyone using installers, or those in the hotel industry — the DOL has been targeting them. Businesses in these industries may want to take a more conservative approach to classification and make independent contractors part-time employees or seasonal workers.

Companies should audit their workforce and review the independent contractors being used and the work they’re doing. Many times people are initially classified as independent contractors and the relationship evolves so it’s very different from when they first signed on.

How do you determine whether someone is an employee or independent contractor?

There are no absolute rules, but there are tests the various agencies use. The IRS has a 20-factor test, while the DOL’s test has six factors. The few that cross over are the ones that warrant the most attention, and those really go to who has control over what the individual does — setting work hours, determining how the work is done. The more control the company has, the more likely that person is an employee.

Another important factor is whether there is opportunity for profit or loss for the contractor. A contractor typically can profit by finishing a project in less time, while a person paid an hourly wage is more likely an employee. Independent contractors typically are expected to bring materials they need; if you supply equipment and they’re working in your facilities, you’re closer to having a problem.

Another major consideration is whether the contractor’s activity is vital to your business. A cable installer is not an ancillary part of the business, for example. Last November, the DOL settled with a Kentucky company that paid $1.5 million in violations relating to misclassification of cable installers.

If you’re using independent contractors, have an agreement that states everyone agrees on that status. Then think about the permanency of the relationship.

Because there are no hard and fast rules, it’s important to pay attention to your industry and how things are done.

Companies that have the hardest time regarding classification are startups, because they don’t have money to bring people on payroll but what those people are doing is very integral to the company’s interests.

Misclassification is not always intentional, but because it is a tax issue the government is taking a closer look and a more skeptical view.

Brendan Feheley is a director at Kegler Brown Hill + Ritter. Reach him at (614) 462-5482 or

Insights Legal Affairs is brought to you by Kegler Brown Hill + Ritter

Smart Business spoke with Phil Scott of Sequent Retirement and Benefits Group about trends for plan sponsors.

What are some areas of growing interest and focus for plan sponsors?

One area that continues to be explored is automatic contribution enrollment and automatic contribution increases as ways to boost participation.

By providing better education and communication platforms, plan sponsors are enabling employee participants to be more prepared for their retirement.

Finally, plan sponsors are continuing to keep a close watch on their administrative duties and regulatory requirements.

What are plan sponsors doing to help protect themselves and manage fiduciary risk?

They have leaned on third-party administrators, recordkeepers, investment advisors and legal counsel to identify their responsibilities to maintain plan compliance.

Companies that have embraced outsourcing elsewhere in their organizations have also outsourced segments of their retirement plans to 401(k) fiduciaries. That can be 3(38) investment advisors, who assume responsibility for monitoring, maintaining, selecting and removing investment plan options; or 3(16) advisors, who accept responsibility for plan administrative functions.

Some plan sponsors have adopted or explored the option of joining a 413(c) multiple employer plan. The multiple employer plan option provides an alternative for companies seeking relief from the burdens of independently operating and maintaining their own plan.

How do safe harbor plan designs create advantages?

One great advantage for participants is that all employer matching and non-elective contributions vest at 100 percent immediately. Also, all participants, whether they’re considered highly compensated or non-highly compensated, are allowed to maximize their elective deferral limits. Elective deferral limits, set by the IRS in 2014, are $17,500 for those age 49 or under and $23,000 for those age 50 or older.

Without safe harbor protection, highly compensated participants would only be able to defer approximately 1.5 to 2 percent more than the average contribution of the non-highly compensated group.

From a plan sponsor perspective, safe harbor plan designs are great tools for recruitment and retention of top talent. In addition, the IRS permits a safe harbor plan to be top-heavy, meaning that 60 percent or more of plan assets are attributable to key employees: an officer of the organization, whose annual compensation exceeds $170,000; any employee, who owns more than 5 percent of the company, or owns more than 1 percent and has an annual compensation exceeding $150,000.

What are the implications if a plan is deemed top-heavy?

The plan must meet minimum contribution and vesting requirements for non-key employees for each year the plan is top-heavy. The minimum contribution to bring the plan back into compliance is the lesser of 3 percent of annual compensation for all non-key employees or a percentage equal to the highest percentage contribution of any key employee. Top-heavy penalties are painful infractions, which plan sponsors are able to avoid when utilizing safe harbor as a strategy within their compensation and benefits package.

Phil Scott has over two decades of experience in the financial services industry. He is a registered representative with LPL Financial and investment advisor representative with Advantage Investment Management.

This information is provided as a courtesy and should not be considered specific advice or recommendations for any individual. Please consult your tax professional before taking any specific action. LPL Financial nor Advantage Investment Management are engaged in the rendering of tax or legal advice.

Securities offered through LPL Financial, member FINRA/SIPC. Investment advice offered through Advantage Investment Management, a Registered Investment Advisor and separate entity from LPL Financial.

Phil Scott is with the Sequent Retirement and Benefits Group. Reach him at (888) 456-3627, (937) 521-1911 (direct), or

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Health care used to be one of the more scrutinized types of insurance, but that’s no longer part of the landscape.

Under the Affordable Care Act (ACA), the only criteria that determines price for small group health insurance is date of birth, zip code and whether you smoke or not — making it one of the few insurances where risk isn’t really considered, says Pete Seminaroti, vice president of the Healthcare Division at SeibertKeck Insurance Agency.

But even in the ACA era most business owners need a competitive health plan.

“Why do employers provide benefits? Not only to retain the employees they have, but also to entice a strong candidate as a new employee. Employees look beyond wages to health benefits,” Seminaroti says. “Benefits are important to retain and hire good people, and that still overshadows the other issues.”

Smart Business spoke with Seminaroti about trends in Ohio health insurance.

Who needs to buy health insurance?

Practically everyone needs to purchase insurance, either as an individual or group. If your employer doesn’t provide coverage, you need to enroll for an individual plan.

As business owners, the ACA has changed the rules for providing coverage. If you employ two to 49 full-time equivalent employees, you aren’t required to provide insurance as a small business. If you have 50 to 99 employees, you are considered a large group and need to provide insurance by 2016. Those with 100 or more employees must provide insurance by 2015. Failure to comply will result in government penalties.

What are the biggest factors to consider when purchasing health coverage?

Obviously, pricing drives most things, when we make a purchase privately or corporately.

Another large factor is the benefits structure. More than ever business owners want to ensure their network of providers, doctors, hospitals and medical facilities is strong. The insurance options have narrowed in the small group market; before, you might have had 50 to 70 choices, and now, it’s been simplified to about a dozen.

An owner also wants to go with a quality company that processes claims efficiently, with few errors. Typically the industry has done a good job of that. When you consider how many claims are processed daily, the number that go awry is minimal.

Finding the right insurance is easier when business owners can draw from their health care adviser’s knowledge. This ensures the owner has their choice of plans with the proper coverage and good network at a price within their budget.

With limited underwriting, are prices rising more than usual? Wasn’t Ohio projected to face large increases?

Over the past couple of years, there was a lot of that going around — Ohio was projected to increase anywhere from 40 to 80 percent.

In truth, some rates have gone up significantly, while other small groups have benefited from the ACA. An increase or decrease can highly depend on your small group’s makeup. In the past, if you had a group with high utilization, you were forced to stay with the same carrier for multiple years and your rates would increase. Now, that same group cannot be penalized because risk is no longer a factor.

What other tools are available to help?

In Ohio, we have a co-op that’s starting to bid out to small groups. It’s supposed to cost 10 to 15 percent less because it has eliminated the top layers of an insurance company. The co-op is run by a board of trustees comprised of the companies that have plans with that co-op. It will be interesting to see how the first year goes. If it’s successful, more co-ops may start.

There has been more interest in certain levels of self-funding. The self-funding industry came out with new structures that don’t expose employers to as much risk. It’s also a way to avoid some of the ACA taxes.

The health care insurance environment will continue to change over the next five years, and having a knowledgeable agent will be crucial in navigating the best course of action. Currently, most businesses still need to offer health insurance, and many employees, given the choice, would prefer for their employer to pick the health plan. Working with your trusted health care adviser, you can create a plan that will work for both the company and offer solutions for the employees.

Pete Seminaroti is a vice president of the Healthcare Division at the SeibertKeck Insurance Agency. Reach him at (330) 865-6578 or

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It can be more than a full-time job to keep up with technology as it evolves, and smaller and midsize entities that tend not to have dedicated technology staff can face even more acute challenges.

So many changes occur, it’s hard to know what’s available, says Paul Karlin, M. Ed., director of Education Technology & Services at Blue Technologies Smart Solutions. Also, you must train staff and invest in maintenance to keep technology from sitting around unused or broken.

At the same time, organizations need to continually budget for change.

“They’ll say, ‘OK, we’re done. We’ve got a great network and computers,’” Karlin says. “They don’t realize that it’s going to be three, four or five years, and then they have to do it all over again. It’s an ongoing need that has to be budgeted for every year.”

Smart Business spoke with Karlin, who helps schools integrate technology into classrooms and buildings, about how all entities can stay on top of technology needs.

How are schools and classrooms using technology today?

Schools like any organization use technology to conduct business — from keeping track of attendance and grades to payroll, accounts receivable, marketing and communication. And like the corporate world, the right technology maximizes efficiency and employee productivity, while reducing costs.

In addition, whether your classroom is in the educational world or corporate America, technology can improve learning. It’s a vehicle for direct instruction, such as Internet research, educational software or apps. Another use is assessment. In schools, based upon Common Core Standards, groups of states are adopting national tests given on computers, driving schools to update bandwidth.

Technology also is used as a tool to solve problems, create things and be more productive. This higher-level learning, when educating students or employees, isn’t just reading material and taking a test. For example, when learning about global warming, a science teacher challenges students to come up with energy-saving devices, using computer modeling and 3-D printers to develop prototypes. It goes beyond comprehension to becoming part of the dialog of how to make the world better.

What do you recommend as the way to best keep up with technology changes?

There are two overarching strategies. Entities can invest in their own technology staff. If they are large enough and have the resources, it’s a good way to go. But the technology field is very competitive, with IT people moving from job to job. If your key tech person puts in his or her two-week notice, it can leave you scrambling.

The other strategy is to build technology partnerships. Your technology partner can use proven business practices, which in IT includes monitoring, providing a help desk, having disaster recovery, ticketing systems to track problems, etc. You don’t have to worry about retention, and there’s no knowledge gap. You’ll get regular updates on what’s working, what’s not and what’s coming to help inform your decision-making.

Technology partners usually don’t just consult; they deliver products, and provide equipment, services and training. Their middle name has to be accountability, because if they don’t get it done, they aren’t going to be around anymore.

How can organizations prioritize updates or new technology?

The latest technology fad shouldn’t drive updates. For example, organizations are implementing one-to-one computing, where there’s a computer for every person. But if that takes too much attention away from instructors in an educational setting, it may not be a good fit. First, understand organizational goals and needs, and then match those to updates or new technologies.

Consider how to improve efficiency and reduce costs. You may save money by introducing a new technology like server virtualization — five servers function as 20, via software, to reduce support and energy costs. Also, determine if introducing a software package or process will save time or allow staff to focus on their core roles.

Whether it’s technology change or any other change, don’t jump on the bandwagon. Start with the need, problem and/or goal before you come up with solutions. Technology is not going to fix everything; it’s just a piece of the answer.

Paul Karlin, M. Ed., is a director of Education Technology & Services at Blue Technologies Smart Solutions. Reach him at (216) 271-4800, ext. 2281 or

Insights Technology is brought to you by Blue Technologies

More Ohio employers are becoming financially stable after the Great Recession. These same business owners are earning high compensation and looking for additional ways to defer taxes. This has led to an increase in companies desiring to start a 401(k) plan.

The 401(k) plan is not only good for retention and recruiting, it’s also a great way to lower taxable income. Plans today are a good blend of benefiting both rank-and-file and highly compensated employees.

“However, when designing the plan, a big pitfall is when an employer doesn’t understand the provisions and how to operate the plan going forward — that can get plan sponsors into a lot of trouble,” says Heather Taylor, QKA, QPA, Manager, Sales and Business Consulting, at Tegrit Group. “Sponsors must stay engaged after the plan is implemented. It’s not just quickly scanning the document and signing. You really need to understand it, because the biggest risk is not operating a plan the way it’s written.”

Smart Business spoke with Taylor about what to know when setting up a 401(k) plan.

What common mistakes do you see when plan sponsors set up 401(k) plans?

Plan sponsors should consult with a third-party administrator (TPA) or consultant to identify a plan design that meets the company’s needs. Too often, providers put plan sponsors in a design that may be easy to administer but does not necessarily meet their goals and objectives. Don’t let a provider put your plan into a ‘box’ to make their job easier. If someone isn’t taking the time to sit down and talk through what you want to accomplish in detail, it’s a sign they may not implement the right plan for you.

Remember to take advantage of annual tax credits. Companies with fewer than 100 employees starting their first qualified plan are eligible to receive up to a $500 tax credit each year for the next three years to offset start-up and installation costs. Employer contributions may be deductible as well.

During the start-up process, don’t rush. Why would you want to offer a bad 401(k)? Ask lots of questions and take time to understand the plan’s limits, testing, reporting and required disclosure notices.

Be sure to give a complete picture of your organization, including discussing other entities you own or plans to acquire or merge with other companies. The more information you provide, the better. You may not think it’s important, but let the experts decide if it’s relevant. For example, controlled group and affiliated service group testing is complex. Your TPA will need to determine if employees at the holding company or other organizations you own (if you are above certain ownership percentage thresholds) must be included in the plan.

What’s key to know about employer contributions?

If you’re setting up a safe harbor plan, employer contributions are mandatory. Take a survey to see which staff will make contributions to get an idea of what your obligation is going to be. In contrast, many traditional 401(k) plans have a discretionary match or discretionary profit sharing contribution, which isn’t required every year.

Safe harbor plans are more common today. They allow highly compensated employees to put away maximum contributions without plan testing. It doesn’t bypass all testing, but is a good option if you’re concerned about discrimination.

Once the plan is set up, what’s next?

You can rely on the experts to perform the above functions, but review the plan regularly. Be aware of and adhere to:

  • Not giving participants investment advice.

  • Timely deposits. For plans with less than 100 participants, the employee deferral deposit time frame is seven business days from the time the payroll is effectively segregated from corporate assets.

  • ERISA fidelity bond coverage. Persons handling plan funds or other plan property generally must be covered by a fidelity bond to protect the plan against loss resulting from fraud and dishonesty.

  • Compliance requirements to avoid penalties and fees.

  • Maintaining updated salary deferral and beneficiary designation information.

You’re also obligated to ensure employees who have satisfied eligibility requirements are given the opportunity to participate by the effective date of the elective deferral component. Failure to do so can be costly in terms of lost earnings and penalties.

Heather Taylor, QKA, QPA, is a manager of Sales and Business Consulting at Tegrit Group. Reach her at (330) 983-0519 or

Insights Retirement Planning Services is brought to you by Tegrit Group