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Supreme Court Ruling

Printing Industries of America (PIA) recently released a statement about the Supreme Court ruling in Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission. In the statement below, PIA provides an explanation of how it could impact printers regarding their right to refuse service to a customer.


On Monday, the United States Supreme Court decided that a Colorado baker had the right to refuse service to customers based on his sincerely held religious beliefs. The Court very specifically based its decision on the fact that the Colorado Civil Rights Commission did not fairly and impartially enforce Colorado's anti-discrimination law that bars discrimination against sexual orientation and religion.

Because the Court's decision is quite narrow, it does not provide carte blanche permission to refuse service in the name of religious freedom pursuant to the First Amendment. The Court limited the breadth of its decision to occasions when there is a demonstrated failure to remain neutral when weighing civil rights against the free exercise of religion. Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission, Slip Opinion No. 16-111 (U.S.S.C. June 4, 2018).

For printers, the question about whether a company can refuse a customer's business arises most commonly in the context of doing work for controversial customers or on controversial subjects. The first step is to consider whether the customer is in a class protected by the Civil Rights Act, the Americans with Disabilities Act, or the Age Discrimination in Employment Act. These statutes prohibit discrimination based on race, religion, gender, sexual orientation, national origin, age, and mental or physical disability, and customers who are refused service based on these characteristics could sue and may win a judgment against the printer.

If the customer is not in a protected class, then the printer may refuse service. For example, if the customer wanted the printer to create packaging for a product that had been tested on animals, and the printing company does not want the job due to that practice, the printer can refuse service because companies that use animal testing do not fall within a protected class.

For questions on this issue, contact Printing Industries of America's Director of Human Relations, Adriane Harrison, for assistance at 412-259-1707 or This email address is being protected from spambots. You need JavaScript enabled to view it..

Source: Printing Industries of America. 

2018 Wage & Benefit Survey

Want to know how your company stacks up against the competition in terms of wages and benefits?  Want to make yourself more appealing to prospective employees?  Concerned about keeping your best employees?  Now is the time to participate in the Wage & Benefit Survey.  You can fill it out online, download the PDF (go to the online site and there is an option to download a PDF) or we will be happy to mail you a This email address is being protected from spambots. You need JavaScript enabled to view it..  The survey should take about 30 minutes to complete. All participants receive the results for FREE.  Respond by July 20.

2018 Wage & Benefits Survey

 

iLearning Center

The Integrated Learning Center--an included member benefit for all Printing Industries of America printers--features industry-focused courses developed and presented by industry expert instructors. There are free courses for every professional in categories such as print production, sales, marketing, customer service and lean manufacturing. iLearning Center premium content includes industry certifications, Power Selling, and other programs.  Want to Learn more about it?  Click Here.

PGAMA Excellence in Print 2018

Congratulations to all the 2018 EIP Winners!

2018 EIP Winners

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HIGHEST HONORS

Grand Q sponsored by Xerox
Schmitz Press

Digital Q sponsored by Canon
Printing Specialist Corporation

Binding & Finishing Q sponsored by Standard Graphics
Worth Higgins & Associates Inc.


SPECIAL AWARDS
Best Performance sponsored by Heidelberg:   
Schmitz Press

Best Use of Color sponsored by Braden Sutphin Ink:   
McClung Companies

Best Use of Paper sponsored by Lindenmeyr-Munroe:   
Worth Higgins & Assoc. Inc.

Judges’ Choice sponsored by Prisco:   
Printing Specialist Corporation & Schmitz Press

People’s Choice sponsored by K&W finishing, inc.: 
Chromagraphics 

Best Use of Photography sponsored by Solnet Network & Web:   
Graphtec

Best Use of Design sponsored by K&W finishing, inc: 
MOSAIC

Designers Choice sponsored by Atlantic Graphic Systems:   
Graphtec

Spirit of Excellence sponsored by MCS:   
Strategic Factory

Best 4 Color Reproduction sponsored by CardConnect:   
Printing Specialist Corporation


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Paid Sick Leave FAQs

Do you have questions about the Maryland Healthy Working Families Act?  These recently published FAQs should help answer some of them. 

 

Paid Sick Leave FAQ

 

Sick Leave Act

REQUIRES EMPLOYERS IN MARYLAND TO PROVIDE PAID OR UNPAID LEAVE TO EMPLOYEES FOR THEIR OWN OR FAMILY MEMBERS’ ILLNESSES OR MEDICAL APPOINTMENTS, FOR MATERNITY OR PATERNITY LEAVE, AND FOR ABSENCES ASSOCIATED WITH DOMESTIC VIOLENCE OR SEXUAL ABUSE.

EMPLOYERS REQUIRED TO COMPLY WITH THE ACT

Pursuant to The Maryland Healthy Working Families Act, most employers in the State of Maryland must provide sick and safe leave to each employee, including employees of restaurants, bars, temporary, staffing firms and part time employees. The Montgomery County Earned Sick and Safe Leave Law (Chapter 27 Human Rights and Civil Liberties §27 -7 & 27.8) is NOT PREEMTED by this Act.

ACCRUAL START DATE

Leave accrues at the beginning of employment, provided that the accrual need not commence prior to the effective date of this Act. (02/11/2018)

ACCESSING LEAVE

An employee must be allowed to use leave no later than after 106 calendar days of employment with the employer.

An employer may require notice of not more than 7 days in advance if the employee’s need to use leave is foreseeable. If the need to use leave is NOT foreseeable, then the employee must provide notice to the employer as soon as practicable and comply with the employer’s procedural requirements for requesting and reporting leave, provided that those requirements do not interfere with the employee’s ability to use accrued leave. An employer may not require that an employee who is requesting leave search for or find an individual to work in the employee’s stead during the time the employee is taking the leave. An employee may take leave in the smallest amount allowable by the employer. The employer may not require an employee to take leave in an increment greater than 4 hours

An employer may deny a request to use leave if the employee fails to provide notice as stated above, the employee’s absence will cause a disruption to the employer, or the employer is a private employer licensed to provide services to developmentally disabled or mentally ill individuals under Title 7 or Title 10 of the Health – General Article of the Maryland Code.

ENFORCEMENT

An employer must keep records of earned sick leave use and accrual for each employee for at least 3 years. The Commissioner may inquire with employers’ records to determine compliance with this Act.

An employee may, in good faith, bring a complaint within 3 years of a suspected violation of this act. Employee complaints against the employer will be investigated by the Commissioner within 90 days of the complaint. The Commissioner will attempt to resolve the issue through mediation, If the complaint is not resolved and the Commissioner find the employer to have violated this Act, then the Commissioner will issue an order to the employer to pay the employ full monetary value of the unpaid sick leave, at the Commissioner’s discretion up to 3 times the monetary value of the unpaid sick leave, and any actual economic damages.

An employer’s failure to comply to the order allows the employee and Commissioner to pursue further civil action and the Court to award more damages to the employee, including punitive damages.

NUMBER OF HOURS ACCRUED

Type of leave and accrual of leave is determined by the type of business, the number of employees an employer has, and the number of hours an employee works. An employer may use an existing leave policy if the employer offers a paid time off policy that meets or exceeds the accrual and usage requirements of this Act. An employer may award the full amount of sick and safe leave an employee would earn at the beginning of each year rather than awarding leave as it accrues. Employers are not required to pay out accrued leave upon the employee’s dismissal from employment. See the following chart for a breakdown of exemptions and leave accrual for certain employees.

Exempted Employees

  • An employee that works less than 12 hours a week.
  • An employee in the construction industry and is covered by a collective bargaining agreement.
  • An employee that is called to work by the employer on an as needed basis in a health or human services industry and can reject or accept the shift offered by the employer, is not guaranteed to be called by the employer, and is not employed by a temporary staffing agency.
  • An employee of a unit of State or Local government if the unit’s accrual and use requirements meet or exceed this Act.
  • An employee in the Agriculture Sector on an agricultural operation under §5 – 403 (A) of the Courts article of Maryland Code
  • An employee employed by a temporary services agency to provide temporary staffing services to another person and the temporary services agency does not have day to day control over the work assignments and supervision of the employee while the employee is providing temporary staffing services.
  • An employee directly employed by an employment agency to provide part – time or temporary services to another person.

If an Employer has:

15 or more employees, then the employer must provide PAID sick leave.

14 or fewer employees, then the employer must at least provide UNPAID sick leave.

Accrual Rate

1 hour per 30 hours worked

An Employer may

NOT BE REQUIRED

to allow an Employee to:

  • Earn more than 40 hours of sick leave in a year
  • Use more than 64 hours of sick leave in a year
  • Use leave for more than two consecutive shifts without verification leave was used properly.
  • Carry over more than 40 hours of sick leave to a consecutive year
  • Accrue a total of more than 64 hours of sick leave at any time
  • Accrue sick leave during:
  1. A “2 week pay period” in which the employee worked less than 24 hours total.
  2. A “1 week pay period” if the employee worked fewer than a combined 24 hours in the current and immediately preceding pay period.
  3. A pay period in which the employee worked fewer than 26 hours in the pay period and the employee is paid twice a month regardless of the number of weeks in the pay period.

ADDENDUM – SEASONAL EMPLOYEES & REHIRED EMPLOYEES

If an employee is rehired within 37 weeks after leaving the employment of the employer, then the employer MUST reinstate any unused accrued leave to the employee that the employee had prior to dismissal from employment. If the employer opts to pay out the monetary value of the employee’s unused earned leave, then the employer is NOT required to reinstate the unused leave.

If an employee uses leave during the period between the first 107 and 120 (both inclusive) calendar days of employment, then the employer may require verification that the leave was used properly, provided that the employee agreed to provide verification under terms mutually agreed to by the employee and employer at the time of hire.

OSHA Injury Reporting Due December 1, 2017

 

In May 2016, OSHA published its new recordkeeping rule, officially named “Improve Tracking of Workplace Injuries and Illnesses.” The rule dictates that employers with more than 20 full-time employees, including printing operations, must submit their work-related injury and illness records from their completed 2016 OSHA Form 300A to a new OSHA website. OSHA has stated that once the data is collected they will publish the data on its web page.

The submission deadline originally was set for July 1, 2017, but was delayed to December 1, 2017. Although OSHA has stated that they want to revise the rule prior to the December 1, 2017, deadline, at the time of this email they have not issued and changes. Therefore, printing operations with more than 20 full-time employees should plan on meeting the December 1, 2017, deadline.

In order to accept the data, OSHA created the Injury Tracking Application (ITA). The Web-based form allows employers to electronically submit required injury and illness data from their completed 2016 OSHA Form 300A. The application will be accessible from the ITA webpage at https://www.osha.gov/injuryreporting/index.html.

The data submission process involves four steps:

  1. Creating an establishment
  2. Adding 300A summary data
  3. Submitting data to OSHA
  4. Reviewing the confirmation email.

The secure website offers three options for data submission. One option will enable users to manually enter data into a web form. Another option will give users the ability to upload a CSV file to process single or multiple establishments at the same time. A third option will allow users of automated recordkeeping systems to transmit data electronically via an application programming interface (API.)

In order to demonstrate that you have met the new reporting requirement, you should keep copies of all of the electronic correspondence from OSHA.

 If there is a further delay of the reporting deadline or a change in the regulation, we will let you know.

If you have any questions, please let us know. Due to the Thanksgiving holiday, please send an email to This email address is being protected from spambots. You need JavaScript enabled to view it.';document.getElementById('cloak0956f62979e5e23c39fbb795c5a5aaa1').innerHTML += ''+addy_text0956f62979e5e23c39fbb795c5a5aaa1+'';

PIA Applauds House Passing of HR 1

Monday, November 20, 2017

Pittsburgh, Pennsylvania – Printing Industries of America applauds the United States House of Representatives on its passage of HR 1 “Tax Cuts and Jobs Act” yesterday November 16, 2017. The bill, which passed 227-205, is a comprehensive tax reform set to benefit the nation's economy. 

“Printing Industries of America was pleased that lawmakers recognized the importance of advertising by preserving the more than 100-year-old deduction for companies to promote their products and services,” said Michael Makin, President and CEO of Printing Industries of America. “We now turn to engaging with the US Senate to represent printers of all sizes as that chamber moves forward on its version of tax reform.”

Printing Industries of America member companies, their employees, and industry stakeholders would benefit in particular from HR 1 in the form of:

  • Lowering of the corporate rate to 20 percent, and, most importantly, lowering of S-Corp or “pass through” tax rate to 25 percent. The vast majority of Printing Industries of America members would be filing at this new, proposed 25 percent rate
  • Immediate and full expensing of capital equipment
  • Doubling of the estate or “death” tax exemption to $10 million with eventual full repeal in six years. This new exemption rate would remove the current estate tax planning burden and succession challenges for 99 percent of the hundreds of family-owned printing companies
  • Protecting the ability of small businesses to write off interests on business loans
  • Elimination of the Alternative Minimum Tax (AMT)
PIA will continue to monitor the progress of tax reform and inform its members as developments are announced.

Dynamic Ratios Calculator

Dynamic Ratios Calculator

Interested in understanding how you stack-up as compared to industry averages?

Click here to use the calculator to compare yourself versus others based on information tabulated by Printing Industries of America in the annual Dynamic Ratios Study.

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©2017 Printing Industries of America - all rights reserved.

Scam Alert

Be on Alert

Email scam:  Your finance director receives an email from you, the owner, telling them to pay a large invoice, presumably for an equipment purchase. The email has your email address and signature exactly.  It looks like any other email you'd send.  The email asks the finance director to pay the invoice immediately because it's holding up the process.  

This happened yesterday to a PGAMA member. The invoice was for $42,800.  

Fortunately, the member caught the scam in time.  Please put a system in place to guard against this scam. This is the second incident amongst our membership.  Questions?  Contact This email address is being protected from spambots. You need JavaScript enabled to view it.';document.getElementById('cloake1c8ecd5e2ed8697670caa63688b1e04').innerHTML += ''+addy_texte1c8ecd5e2ed8697670caa63688b1e04+''; 410-319-0900

2017 MIS Survey

The 2017 Survey of Management Information Systems is completemarking the twelfth consecutive year we have produced this free, useful guide for members. The survey results are compiled from questionnaires sent to MIS software vendors, documenting the functionality, cost, and other pertinent information for the vast majority of software packages. This year’s edition features 45 software solutions.  Members can contact This email address is being protected from spambots. You need JavaScript enabled to view it. for a copy of the survey

 

 

MD Governor Dumps Zero-Waste Guidelines

MD Governor Dumps Zero-Waste Guidelines, Calls Them ‘Burdensome & Poorly Devised’

July 5, 2017 by Jennifer Hermes

Maryland Gov. Larry Hogan has axed the zero-waste guidelines put into place by his predecessor that set a statewide diversion goal of 85% by 2040, saying the guidelines were “last-minute, ill-conceived and poorly devised.” Hogan says he will instead focus on a “common-sense, balanced approach to managing waste in Maryland,” reported the Baltimore Sun.

Hogan also said that the rules “created unnecessary hardships for local governments.” The zero-waste landfill rules were put into place by Gov. Martin O’Malley just days before he left office in 2015, in response to reports that people in the state were throwing away more trash than the typical American.

O’Malley had called it an “ambitious policy framework” that would create “green jobs and business opportunities,” as well as diverting more waste from landfill and significantly improving the state’s recycling rate. But Hogan, in doing away with his predecessor’s rules, called it “burdensome regulation.” He said the state would focus on more achievable recycling goals.

Most states have set either mandatory or voluntary recycling goals; the national recycling average stands at 35%. But some, like Colorado, have never set goals, which appears to seriously hamper recycling rates. In Colorado, for example, the statewide recycling rate stands at just 12%, according to a recent article in Waste 360.

While state-level support of waste and recycling goals can play a valuable role in the country’s progress toward zero waste and a truly circular economy, many cities are also taking a lead. Boston, for example, is planning to cut down its $37 million annual waste hauling costs by pursuing zero waste. The city hired a consultant who will conduct a study on existing waste management practices and ways to divert garbage away from landfills. At least two other cities, San Francisco and Los Angeles, have already adopted a zero waste policy and are working toward their zero waste goals; Los Angeles is using a new franchise system for waste, and New York is in the process of emulating it. Boston officials said they will be looking into that as well as any other option that could potentially be effective.

Source: https://www.environmentalleader.com/2017/07/md-governor-dumps-zero-waste-guidelines-calls-burdensome-poorly-devised/

OSHA Withdraws 2013 Fairfax Memo On Union Representatives

The Occupational Safety and Health Administration (OSHA) has officially rescinded its 2013 Walk-Around Letter of Interpretation commonly referred to as the Fairfax Memo. Under the 2013 interpretation letter, even just one employee could select an outside/non-employee union organizer to act as an “authorized employee representative” during an OSHA walk-around inspection at the workplace.

The letter was very controversial was challenged in 2016 when the National Federation of Independent Business (NFIB) filed suit to have it overturned. The case had not been fully resolved, but the withdraw of the 2013 letter prompted NFIB to drop their lawsuit.

OSHA withdrew the letter via a separate memorandum issued on April 28, 2017. In the memorandum, OSHA stated that due to the OSH Act’s regulations, specifically 29 C.F.R. 1903.8(c), the Fairfax Memo was no longer necessary. Specifically, OSHA explained that the regulation permits, where good cause is shown and where “reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace,” an inspector may allow a non-employee third party to accompany them during an OSHA inspection.

The rescission of the Fairfax Memo does not mean that a union representative is not allowed to participate in OSHA inspections. If the employer’s employees are represented by a union, the union has a right to participate in the walk-around. If nonunion employees can show good cause and demonstrate that the non-employee union representative is “reasonably necessary” to the inspection, OSHA could still allow the union representative to participate. Since this is a tougher standard to meet, the number of instances where this situation would occur is expected to be low.

Hogan to Veto Paid Sick Leave Legislation

Governor Larry Hogan announced his intention to veto paid sick leave, or the Maryland Healthy Working Families Act. According to his remarks, he fully supports a paid sick leave measure, but not the one recently passed by the legislature. He reported his concerns about the effect on the small business community in Maryland and expressed his disappointment with the legislature’s failure to consider the paid sick leave legislation he introduced.

What happens next?

The Maryland General Assembly will likely override his veto at the next available opportunity. If there is a special session this summer, the veto may be overridden sometime in June, July or August and take effect January 1, 2018.

If General Assembly does not meet until the next session, a veto override will be one of the first items of business when the legislative session convenes beginning  January 10, 2018. The legislation will take effect once the veto is overridden.

Are there enough votes to override Governor Hogan’s veto?

Yes, the Maryland Healthy Working Families Act passed with veto-proof majorities in both chambers – but very narrowly in the Senate. Currently, the Democratic leadership has the votes to override and implement paid sick leave. However, we will be carefully monitoring potential membership changes and other policy developments over the interim that may affect a veto override vote.

Proposed Executive Action on Paid Sick Leave from Hogan Administration:

In response to his veto and to demonstrate his commitment to the issue, the Governor is also proposing three Executive actions regarding paid sick leave.

  1. A study to develop new recommendations on best practices for paid sick leave.
  2. An Executive Order granting paid sick leave to all state employees (both contract and non-contract), resulting in 8,000 more individuals receiving the benefit.
  3. An order that all procurement officers give preference to all companies that offer paid sick leave.

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