STRATEGIC PARTNER WHITEPAPER

Hiring, Motivating And Retaining Rock Star Marketers

This month, our strategic partners over at ODEA, decided on a new format for their bi-annual whitepaper. After being inspired by the community of members who attended and engaged at the Strategic Partner Night of Knowledge, they decided to record a podcast focused on getting the best possible marketers in the door. Listen as Patty Rioux discusses how she has found success in hiring, motivating, and recruiting truly rockstar employees and what it takes to keep them happy and keept them with her!

LISTEN HERE

-EFBC Strategic Partner ODEA

STRATEGIC PARTNER WHITEPAPER

Incenting the Workforce During Economic Downturns

Incenting the workforce is difficult enough when times are good.  But in economic downturns, it becomes absolutely critical.  As your business struggles to make profits in the midst of reduced customer demand, supply chain challenges and market crises, how do you improve the chances of greater employee performance and retention? 

First, you must decide and communicate what higher performance looks like.  What skills and characteristics will create greater value to the organization and to the market at large?  It may be an improvement in current skills, or it may be an increase in the number of skills.  In either case it’s an improvement in how valuable an employee is to the organization. 

It may be not only skills, but also certain knowledge and characteristics.  Are there knowledge components related to your industry or specific functions that can give individuals and your organization a competitive advantage?  What about characteristics?  Especially during difficult times, adaptability, flexibility, and accountability become “must haves” not just “nice to haves.”  What have you communicated to employees and how will those valuable items be recognized?  Incentivized? 

Second, do you know what will improve the chances of employees developing and exhibiting the identified knowledge, skills, and characteristics?  Is it more money?  Improved benefits?  Flexibility in work hours and/or location?  At the very least, how does all of this compare to what is available in the market?  Does your organization offer at market, below or above market work and compensation packages?  

It’s also about culture.  What does your company have to offer all employees?  But most importantly, your highest performers.  What will improve the chances of them continuing their exemplary work and remaining with your company?  Your most valuable employees want growth opportunities, decision-making authority, recognition for their contributions, and other high performing team members with whom to work.   

The great majority of employees want to do good work.  They just need a culture that defines what good work looks like, provides feedback relative to it and delivers consequences.  Employees want to know that they are cared for and that their organizations are interested in their individual success.  How well are your leaders accomplishing that responsibility?  Do they know the significance of their role in the retention of your most valuable resource? 

During economic downturns, people are looking for what they can count on.  A rock on which they can stand.  It begins with communicating what the high value knowledge, skills and characteristics are.  Then confirming market competitiveness of current compensation and benefits packages.  Finally, ending with culture.  What makes yours attractive, especially to high performing individuals, especially during challenging economic times. 

Get Psyched about recruiting and retaining your most valuable employees! 

-George Karavattuveetil, President, Psyched!

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May President’s Message

Earlier this month EFBC had an event titled “Strategic Partner Night of Knowledge” at Ditka’s in Oakbrook and all of our stars were out! It turned out to be an amazing event as our Strategic Partner firms shared their wisdom and experiences on hot topics in their respective fields. The room was filled with 64 attendees. I appreciate the time and energy that our Strategic Partners put into this evening and this entire year. We are blessed to have some of the finest firms and individuals in their respective fields serving our community.

It is events like this that continue to bring our community together and make us stronger. When I began my term as President of EFBC, I felt it was most important to get as many members as possible to events. Forum is a cornerstone of the EFBC experience and one that nearly all members benefit from. Events are where we all have an opportunity to expand our EFBC community beyond the 7-9 members in our forum.

EFBC is filled with amazing individuals of varying backgrounds and vast experiences to share. If you didn’t make it out to an event this year, I urge you to make it a point to attend at least one next year. You won’t be disappointed.

Andy Sanghani
EFBC President 2022-2023

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I’ve Been NOK’d

In 2023, EFBC’s goal was to re-engage with membership. Our focus was to put significant effort into not only bringing back high-impact programming to our membership but working to think outside of the box to create truly memorable experiences. After a conference last summer, Executive Director, Liz Fidanovski, was inspired to design a program that highlighted the brilliant minds that make up our strategic partners, and an idea was formed. The support from our small, but mighty team truly drives the innovative ideas that come our way.

We have been able break down an idea into its parts and design something wonderful. Not to plug our programming committee, but if you have a cool idea you would love to see turned into an event, our committees are always recruiting. Committees are a terrific way to get involved and give back.

On Thursday, May 4th, 2023, at Ditka’s in Oak Brook, Illinois, the EFBC hosted A Strategic Partner Night of Knowledge. We combined the concept of our roundtables into an interactive event that saw attendance of close to seventy strategic partners, members, guests, prospects, DePaul University faculty, and staff. A usual roundtable is a 2-hour program, often held in the morning, which brings together a strategic partner with a topic that is top of mind to the membership where a discussion is built around shared experiences, curiosity, and expertise. So, we took that concept and completely turned it on its side. We approached the partners with the idea of all 7 of them hosting a shortened roundtable in one room and doing it twice, and surprisingly, they fully supported the idea. Night of Knowledge was born.

EFBC’s seven strategic partners are the lifeline of the organization. Their disciplines span law, finance, marketing, accounting, insurance, human resources, and banking. The partners offer consultancy and educational workshops. These devoted firms, who are fluent in the EFBC way, provide immeasurable expertise. The strategic partners underwrite our very mission and crucial to the health of EFBC.

Each strategic partner was tasked with facilitating a discussion on a hot topic of their choosing. We asked them, what are your customers talking about? What have members reached out to you about? What would you like to have a conversation about? Each of them provided the table topics and registration was successful. All 7 tables were full, and conversations were lively.

Being one of the organizing staff members, I had the unique opportunity to sit at all 7 and catch snippets of every conversation. Below are my takeaways from the table conversations that I was able to sit at for a few minutes:

ALERA Group, Marcus Newman, Vice-President: The discussion heavily focused on the topic of accessibility and covid tests. Employers have been requiring covid-presenting employees to test prior to returning to work. With insurance companies, as of May 11th, no longer covering at home tests should employers be re-evaluating their policies, especially with the costs of at home tests averaging $10-$15 per test? I would say so! Marcus also mentioned hospitals charging for PCR tests. Again, those used to be covered by insurance companies, but to recoup losses, the cost will now fall on the individual. Another hot topic was vaccines. Again, with all the changes, vaccines, if received out of network, will not be covered and will be the financial burden of the individual.


Burke, MacKay, Warren, & Seritella P.C., Liz Davis, Partner: To be fully transparent, prior to sitting at the Burke Law table, my knowledge of M&A was extremely limited, so I took the entire conversation with the perspective as it being learning opportunity. Time spent at that table was a discussion about the differentiation between stock sales and asset sales. Based on the members engaging in the discussion, who worked in chemical industries, when industries are heavily regulated, often, a stock sale would be preferred so that a buyer would not have to re-certify industry specific licenses. Another discussion that started was that of seller confidentiality. Liz mentioned the importance of keeping the information regarding selling confidential and even requiring the buyer to sign an NDA. This is primarily to help with uncertainty with the employees. Liz said that when you are considering selling to work with an attorney that has extensive experience with M&A.


Cray Kaiser, Ltd.Karen Snodgrass, Principal: At the point that I was able to sit with CK, one of the guests at the table was sharing an experience about the future of his business and succession into the next generation. This seemed to resonate with many members of the table, all of whom also were in similar situations, either the future of their business or thinking about the future. My takeaway was that transferring ownership involved careful consideration of tax implications. That it is important to seek experts to ensure a tax-efficient transfer that preserves the family wealth and supports the financial well-being of future generations.


Fifth Third Bank, Mike Moran, Senior Vice-President: With a broad topic, such as the economy, I was interested to see the direction this conversation would go. My arrival at the table was met with a discussion about the aging population, especially the sheer volume of people reaching retirement age. This led to a discussion about employee outsourcing and what that could look like, especially in manufacturing companies who are struggling to fill vacant roles. The consideration for international outsourcing was to work with employment firms in the countries you are looking to hire from to ensure international labor laws were being met.


ODEA, Patty Rioux, President: This table was deep in a conversation about remote workers when I stepped over. Patty was emphasizing her desire to keep her rockstar performers, and her flexibility and willingness to let them work anywhere. On her team, she has staff in 5 different states. She noted that even when she brings the team together, to build culture and to co-work, the company will cover the costs. That the cost to fly and house high performing team members a few times a year ends up being worth it. This conversation aligned well with what George at Psyched! was talking about, in that it is the responsibility of the employer to retain the high performing employees, because the cost to replace them, or for them to leave, ends up being much higher in the long run.


Psyched!, George Karavattuveetil, President & Founder: Psyched was a fun table to sit at. Immediately, prior to starting the meat of the discussion, George set the stage by addressing the terms that were going to be used during the roundtable and a shared discussion. He asked everyone what their understanding of the term “incenting” meant, and together the table cultivated a working definition that was defined as “the act of improving the chances that someone does something you want them to do, and focusing on the people you want to keep.” The framework of a shared understanding of the definitions of words really sets an intention for the conversation as well as ensuring every person is using the words unanimously. Sometimes words can have multiple definitions, so ensuring that a shared definition is used is a great way to start a conversation. Regardless of the content of the discussion, I really liked how he did this at the very beginning and will take that tip for myself moving forward.


Private Vista, Mary Beth Mclean, Senior Advisor: The Private Vista discussion, when I joined, was deep in discussion about life stage planning and the importance of financial planning at every stage of life. Individuals are never too young to set goals and make financial plans and decisions. There was also the important distinction between tax free and tax-deferred and to ensure you know which option your retirement plans have. A lot of individuals mistake tax deferrals with tax free and are surprised later at the addition of taxes.

In summary, as a non-business owner, every single table provided me with new knowledge and at least one nugget of information that I can apply in my current role. The event provided valuable insights and learnings on assorted topics, inspiring attendees, and fostering collaboration. I am confident that everyone else who participated was able to gain insight from our Strategic Partner experts. We heard multiple times throughout the night how successful the event was, and how our membership would like to see this event or something like it in the future.

Missed the event? Looking for resources? Members log in to access exclusive resources from the partners who moderated, CLICK HERE

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Creating Psychological Safety in the Workplace

The ideal workplace comes in many shapes and sizes; it varies from person to person depending on their individual preferences and needs. However, some common features of one’s “ideal” workplace usually include a positive and supportive culture and opportunities for growth and development. Another feature many include on their list for what makes a place great to work is psychological safety.

What in the world is that? We’re so glad you asked! Psychological safety refers to the belief that individuals can freely express their thoughts, ideas, and concerns without fear of retribution or negative consequences. In the workplace, psychological safety is essential for creating a culture of open communication, innovation, and trust.

When employees feel psychologically safe in their work environment, they are more likely to take risks, share ideas, and ask for help when needed. This fosters collaboration, problem-solving, and innovation, ultimately leading to better business outcomes. Psychological safety is crucial in creating a positive work environment that promotes open communication, innovation, employee well-being, performance, productivity, and trust.

How Emotional Intelligence Plays a Part in Psychological Safety

Emotional intelligence is at the heart of what we do at the Entrepreneur and Family Business Council (EFBC). As a member of EFBC, you already know the value of emotional intelligence but let’s do a quick refresher. Emotional intelligence refers to the ability to recognize, understand, and manage one’s own emotions and the emotions of others. Emotional intelligence can have a significant impact on psychological safety in the workplace.

When team members have high emotional intelligence, they are better equipped to manage their own emotions and navigate the emotions of others. This can lead to more positive interactions, better communication, and stronger relationships. For executives and managers, emotional intelligence and psychological safety go hand in hand when they are both practiced in the workplace. When managers and executives understand the value of emotional intelligence and work it into their management style, the impact is limitless. It creates an environment that promotes open communication, builds trust between management and team and fosters an overall positive and more productive workplace.

How EFBC Members Create Psychological Safety at the Workplace

We asked some of our members for their own experience with psychological safety and how they work to foster it within their own organizations. Here’s what they said:

“I believe psychological safety needs to be modeled from the top down. Having a safe place to voice concerns, suggest new ideas, ask for help or admit mistakes without fear is very critical. Having your peers actively listen and being able to have open communication is something we try to achieve each week during our Team Lead meetings where we discuss current and future projects as well as reviewing completed projects where we evaluate what we learned and what we could improve.

The more employees feel valued, the more engaged they are, which makes them more motivated. Monthly, new employees meet to ask questions about current processes we have or present new ideas to try. We incorporate as many of their ideas as possible.

Each employee needs to feel comfortable sharing their ideas, especially when collaborating. A simple way to make employees comfortable with one another is to have them get to know each other better. Every Monday morning, we have an all-team meeting where we start with a question and each employee gets their chance to share. Sharing each week in a larger group makes it easier for employees to share their ideas in small group collaborations.”

-Jodi Behrendt, President at Advantage Trailer


“I believe the key to psychological safety is relationships. Relationships are the key to everything. The more we know and trust our teams and employees trust their manager the more open people are.

The first step in building such relationships in our organization is communicating and emphasizing our Core Values: 1) Respect Everyone – listen to others’ perspective; 2) Never Stop Improving – keep on learning; and 3) Be the Owner – hold yourself accountable.

Second, we try to give everyone the tools and training to communicate effectively to build relationships. We have learned that taking small steps and building upon each lesson is most effective. Therefore, we hold quarterly companywide trainings on a particular topic.

Lastly, it is about having frequent conversations with employees in a variety of ways. Managers hold quarterly conversations with their direct reports and each department holds weekly or biweekly meetings. As a company we hold monthly meetings bringing everyone together to share where we are at, where we want to go, and how we are going to get there. Communication, transparency, and follow-up are necessary if you want to build a trusting and safe environment. Show you care.”

-Kim Schrader, HR Manager at Vaxcel International Co.


“Thank you, EFBC. Whether preparing for a presentation or a retreat exercise, I think I get as much value, if not more, from the preparation and reflection. I appreciate the opportunity to reflect on what psychological safety in the workplace means to us at Chicago Glue. For me, this means work family. I define work family as bringing your whole self to work and having each other’s backs.

I learned this because I worked for my dad and knew I could say and do things, take risks, and make mistakes, and because he is my dad, it would be ok.

At Chicago Glue and Machine, if words and actions align with our core values, anything and everything goes. This is a continual work in process. We started by repeatedly asking for feedback in any form, any language, anonymous, or in person. Once people saw we acted, we continued to pick up steam. Our latest way to get feedback is to give everyone challenge and penalty flags to throw. So far, they have been thrown during Zoom meetings and in-person meetings.

Everything has trade-offs, and I never thought about it. Still, upon reflection, the foundation of our company being rooted in family leads to a culture of our family values that include unconditional support.

I believe everybody brings their whole self to work. If the culture doesn’t support that, it is stuffed inside and comes out sideways. However, if it is embraced, the human energy it brings is the primary propeller for the company. For us, our people are our differentiators, so we want them to bring it all!”

-Nirel Inman, Co-president at Chicago Glue & Machine

Overall, creating a culture of psychological safety in the workplace takes time and effort, but it is well worth it. When employees feel safe expressing themselves, they are more engaged, innovative, and productive, which benefits both the individual and the organization as a whole.

 

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Experiences in International Outsourcing

This month, your EFBC president, lent a direct look into his companies experiences in outsourcing employees internationally.

2 weeks ago I traveled to Aguascalientes, a city in Mexico in a state with the same name. The name, “hot waters”, doesn’t describe the sunny shoreline and sandy beaches. Aguascalientes is located in north-central Mexico and unfortunately this wasn’t a vacation to an all inclusive resort. However, I did happen to be there during the San Marcos Fair which is the largest fair in Mexico and one of the largest in Latin America.

Over the past 2 years, we’ve been growing a team of remote employees. What started out as hiring 2 estimators in Aguascalientes has multiplied to 12 in various roles as well as 1 in Macedonia. The roles include estimating, engineering, graphic design, logistics and account management. If you would have asked me 3 years ago whether I thought it would be possible for us to have any remote employees, let alone 13 in a foreign country, I would have have said “No.”

Changes due to Covid, ease of access thanks to technology and shifts in lifestyle are a few reasons why a small business like ours even thought about nearshoring to Mexico. We quickly experienced the great benefits of moving specific operations to a nearby country with a qualified workforce, reduced cost of living and no time difference.

How did we take the first step? With a little bit of luck. A client of ours had offshored their entire sales support and purchasing team to India. I asked myself “If they can do something like that, why can’t we?” I initially felt like India would be tough because of the time difference and not having any business contacts there. We eventually thought about Aguascalientes due to connections that several of our team members have to the city as well as the international business presence – Nissan has 2 factories there which combined produce more than half a million cars per year.

Managing and training the team members in Mexico and Macedonia was the most difficult considering we’re in the Visual Marketing industry. We offer creative design solutions to our clients and follow through with manufacturing. We’ve created a structured onboarding process which incorporates training videos, reading materials and other visuals all kept well organized in Monday.com, a project management workflow application.

During this recent trip we began our search for an office space to allow our team members in Aguascalientes an opportunity to collaborate with each other a few days each week. While we’ve been faced with some resistance to this change but we feel it is key to our company success as well as the individuals.

We’re still learning as we move forward. It isn’t always perfect but it has been exciting to see the team grow in a way I never expected.

Andy Sanghani
EFBC President 2022-2023

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ChatGPT – Incoporating AI Into Your Business In Any Way That Makes YOU Feel Comfortable!

This month features member, Alex Argianias. Alex and EFBC decided to take some time to ‘interview’ ChatGPT using its interface. While some answers have been edited for length, the content has not.

I’ve always been a fan of technology and arguably an early adopter (rightly or wrongly). From the first time I plugged in our family’s Macintosh Performa to urging my dad to purchase Amazon stock in 2000 when I came home from a Disney vacation and found buying a CD revolutionary – I’ve always been hooked on the new and exciting. For the record, I was 11, and no Amazon stock was purchased unfortunately.

It now seems that there is a paradigm shift in artificial intelligence as it increasingly becomes less of a novelty and more of a tool that is ready for real world application. For the uninitiated ChatGPT was built by OpenAI. OpenAI is a private artificial intelligence laboratory consisting of the non-profit OpenAI Incorporated and for-profit subsidiary OpenAI Limited Partnership.

What would you tell a small business owner is the most important thing to understand about AI?

As a small business owner, the most important thing to understand about AI is that it is not a magic solution to all your business problems. AI is a tool, and like any tool, it needs to be used in the right way to be effective. It’s crucial to understand that AI is not a replacement for human intelligence, creativity, or decision-making.

AI should be seen as a complementary technology that can augment your existing business processes and help you achieve your business goals more efficiently and effectively. It’s important to identify the specific areas of your business that could benefit from AI and focus on implementing AI in those areas. You should also ensure that you have a solid understanding of the data and algorithms that drive the AI systems you are using.

Additionally, it’s important to recognize that AI is still a rapidly evolving technology, and it’s essential to stay up-to-date with the latest advancements and best practices. By having a clear understanding of what AI can and can’t do, you can make informed decisions about how to integrate it into your business operations and reap its benefits.

As a small business owner, adopting AI can offer significant benefits to your business, what are some reasons why AI is important to adopt and learn about for small business owner?

  • Increased Efficiency and Productivity: AI can automate many of the mundane, repetitive tasks that are necessary for your business, such as data entry, email management, and scheduling. This frees up time for you and your employees to focus on higher-level tasks that require more creativity and critical thinking, increasing productivity and efficiency.
  • Improved Customer Experience: AI can help you improve the customer experience by providing personalized recommendations, addressing customer inquiries, and even predicting customer needs based on their behavior. This can lead to increased customer satisfaction, loyalty, and retention.
  • Competitive Advantage: As AI becomes more ubiquitous in the business world, failing to adopt it may put your business at a disadvantage compared to your competitors who are using AI to their advantage. By adopting AI early, you can stay ahead of the curve and differentiate yourself from the competition.
  • Data-Driven Insights: AI can analyze large amounts of data and provide valuable insights that can help you make informed business decisions. These insights can be used to improve operations, optimize marketing efforts, and increase revenue.
  • Cost Savings: AI can help you save costs by automating tasks that would otherwise require hiring additional employees or outsourcing to a third-party provider. Additionally, AI can help you optimize your supply chain and reduce waste, leading to further cost savings.

Overall, by adopting AI, you can improve your business operations, enhance customer experience, gain a competitive advantage, make data-driven decisions, and save costs. As AI technology continues to advance, it will only become more important for businesses to adopt and integrate it into their operations.

What is one simple thing that a business owner can do right now to implement AI in their business?

One simple thing that a business owner or small family business can do right now to implement AI in their business is to start using a chatbot on their website or social media pages. A chatbot is a type of AI-powered software that can interact with customers in a conversational manner, answering their questions and providing support 24/7.

By using a chatbot, you can automate customer service inquiries, reduce response times, and improve customer satisfaction. There are many chatbot providers available, and some of them offer free or low-cost options that are easy to set up and customize. You can also integrate your chatbot with your existing CRM or other business tools to streamline your customer support process.

To get started with a chatbot, you should first identify the most common questions or issues that your customers face and create a list of responses. Then, choose a chatbot provider that meets your needs and start building your chatbot by configuring its responses and workflows. Once your chatbot is up and running, you can monitor its performance and make adjustments as needed to ensure it continues to provide value to your customers.

There are many chatbots available in the market, ranging from simple rule-based bots to more advanced machine learning-based bots. Here are a few examples of popular chatbot platforms that small businesses can use:

  • Dialogflow is a natural language processing (NLP) platform that allows businesses to create conversational agents for their website or mobile app. It offers pre-built templates for different use cases, including customer service, booking, and e-commerce.
  • ManyChat is a platform that enables businesses to create chatbots for Facebook Messenger. It offers a drag-and-drop interface and allows businesses to automate messaging sequences, collect lead information, and offer customer support.
  • Tars is a chatbot platform that focuses on lead generation and customer acquisition. It enables businesses to create conversational landing pages and automate their sales funnel using AI-powered chatbots.
  • MobileMonkey is a chatbot platform that allows businesses to build chatbots for multiple channels, including Facebook Messenger, SMS, and web chat. It offers features such as appointment booking, lead generation, and customer support.
  • IBM Watson Assistant is an AI-powered platform that enables businesses to create conversational agents for their website or mobile app. It offers pre-built templates and can integrate with other IBM Watson tools for more advanced use cases.

When choosing a chatbot platform, it’s important to consider factors such as ease of use, cost, scalability, and the specific features that your business needs.

What would you say to a small business owner who is afraid of AI?

If a small business owner is afraid of AI, it may be because of misconceptions about the technology or concerns about its impact on their business. As an AI language model, here are a few things I would suggest:

  1. Educate yourself about AI: It’s important to understand what AI is and how it works. AI is a tool that can help businesses automate tasks, make data-driven decisions, and improve customer experiences. By learning more about AI and its potential benefits, you can make informed decisions about how to integrate it into your business.
  2. Start small: If you’re hesitant to adopt AI in your business, start with a small project or pilot program. This will allow you to test the technology and see its impact on your business without making a significant investment.
  3. Partner with experts: Consider partnering with AI experts or consultants who can help you understand the technology and how to integrate it into your business. They can also help you identify areas where AI can provide the most value and ensure that you are using the technology ethically and responsibly.
  4. Address concerns with transparency: If you have concerns about the impact of AI on your business or your customers, address them with transparency. Be upfront about how you are using AI and how it will benefit your customers. This will help build trust and alleviate concerns.

Overall, it’s important to approach AI with an open mind and to understand its potential benefits and limitations. By taking a measured and informed approach to adopting AI, small business owners can improve their operations and stay competitive in an increasingly digital world.

What is your favorite type of AI?

As an AI language model, I do not have emotions or personal preferences, so I do not have a favorite type of AI. However, I can tell you that there are many different types of AI, each with its own strengths and limitations.

Some examples of types of AI include:

  1. Rule-based systems: These AI systems use if-then rules to make decisions and take actions based on input data.
  2. Machine learning: This type of AI uses algorithms to learn from data and improve over time.
  3. Deep learning: Deep learning is a subset of machine learning that uses neural networks to learn and make predictions.
  4. Natural Language Processing (NLP): This type of AI focuses on understanding and processing human language, including speech and text.
  5. Robotics: AI-powered robots can perform a wide range of tasks, from manufacturing to healthcare to customer service.

Each type of AI has its own unique capabilities and applications, and the choice of which type to use depends on the specific needs and goals of the business or application.

What is one AI tool that can greatly increase profitability of a small business?

One AI tool that can greatly increase profitability of a small business is a predictive analytics platform. Predictive analytics uses machine learning algorithms to analyze historical data and identify patterns, which can then be used to make predictions about future events, such as sales trends, customer behavior, or supply chain demand.

By leveraging predictive analytics, small businesses can make more informed decisions about pricing, inventory management, marketing, and other areas that can significantly impact profitability. For example, a small business owner could use predictive analytics to forecast demand for a particular product or service, and adjust pricing or inventory levels accordingly to maximize revenue.

There are many predictive analytics tools available on the market, ranging from standalone platforms to integrated solutions within larger business management software suites. Some popular options include IBM Watson Analytics, Microsoft Azure Machine Learning, and Google Cloud Machine Learning Engine. However, it’s important to choose a tool that is tailored to the specific needs and capabilities of your small business.

Can you explain why AI is going to be an important tool for small businesses in the coming years?

It has the potential to help them work more efficiently, make better decisions, and grow their revenue through automation, data analysis, personalization, efficiency and growth of competitive advantage over companies not actively using AI. Overall, AI has the potential to be a game-changer for small businesses, helping them to work smarter, not harder, and achieve greater success in an increasingly competitive marketplace.

While I did ask a number of questions I was continually impressed by the usefulness of ChatGPT, particularly in generating lists. While I did ask it a number of questions on the nature of existence as well as trying to get it to spill the beans on SkyNet, ChatGPT never waivered.

So my final appraisal? I will not be letting it run my inbox or work any time soon, but I will continually utilize ChatGPT to help me work more efficiently and with a database that helps me access information much faster than I’m able on my own.

STRATEGIC PARTNER WHITEPAPER

Your Previously Used Employment Forms Need Attention!

On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a decision turning the issue of severance agreements with employees on its head. I am not being dramatic; this was big news for the employment law world for two reasons: First, keep in mind that the NLRB is the body that enforces the National Labor Relations Act (“NLRA” or “the Act”). Second, contrary to public option, the NLRA and, therefore, the NLRB decisions also apply, in many instances, to non-unionized workforces.

The McLaren Macomb decision held that employers violate the NLRA when they offer employees severance agreements that require employees to broadly waive their rights under the Act. By doing so, the NLRB overturned decades of prior precedent to hold that non-disparagement and confidentiality provisions commonly used in severance agreements are broadly unlawful when imposed on employees (as opposed to managers or supervisors.

In addition to obtaining a release of claims, maintaining confidentiality, and obtaining an agreement not to disparage are the main reasons that employers enter into most severance agreements. Employers do not want the terms of a severance agreement broadcasted and also don’t wish to be disparaged by the departing employee.

The McLaren Macomb case involved a hospital in Michigan that permanently furloughed eleven union employees and offered each of them a severance agreement. Each agreement at issue in the McLaren decision contained the following provisions:

  • Confidentiality Agreement:“The Employee acknowledges that the terms of this Agreement are confidential and agrees not to disclose them to any third person, other than spouses, or as necessary to professional advisors for purposes of obtaining legal counsel or tax advice, or unless legally compelled to do so by a court or administrative agency of competent jurisdiction.”
  • Non-Disparagement:“At all times hereafter, the Employee agrees not to make statements to Employer’s employees or the general public which could disparage or harm the image of Employer, its parent and affiliated entities and their officers, directors, employees, agents, and representatives.”

Historically speaking, these are incredibly common terms to be included in a severance agreement with an employee; Not any longer according to the NLRB. The decision specifically highlighted two things: First, the NLRB noted that the confidentiality provision broadly prohibited employees from disclosing any information regarding the terms of the severance agreement. Thus, the NLRB reasoned that such a provision could prevent an employee from discussing the terms of the severance agreement with co-workers and it could “reasonably tend to coerce the employee from filing an unfair labor practice charge or assisting [an NLRB] investigation into the [employer’s] use of the severance agreement.” Accordingly, the NLRB determined that the inclusion of this provision constituted an unfair labor practice and violated federal labor law. Second, the NLRB held “[p]ublic statements by employees about the workplace that are central to the exercise of employee rights under the [NLRA]” and, therefore, the non-disparagement provision violated an employee’s rights under Section 7 of the Act because it prevented employees from making statements that the employer engaged in unfair labor practices and could potentially discourage an employee from cooperating with an NLRB investigation. Moreover, the NLRB found the provisions to be so onerous and the penalties so severe, that merely proposing a severance agreement containing those terms violates the NLRA, regardless of whether the employee accepts the agreement or not;  Pretty harsh!.

Understandably so, this decision has caused a major shake-up amongst employment attorneys. Realizing the ripple effects of the decision, on March 22, 2023, the NLRB issued detailed guidance for employers. Here are the takeaways that employers should be aware of:

Retroactive

  • McLaren has “retroactive application” in that it applies to severance agreements signed before February 21, 2023. In addition, the six-month statute of limitations to bring an unfair labor practice charge relating to an overly broad severance agreement would be construed as a continuing violation by virtue of the employer’s maintaining and/or enforcing a previously-entered severance agreement containing unlawful provisions.

Supervisors

  • Supervisors are not protected under the NLRA. Therefore, agreements with supervisory employees may contain these provisions.
  • The term “supervisor” means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing

the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

Severability

  • Generally, the voidability of a severance agreement with overly broad provisions would be decided on a case-by-case basis. However, the NLRB’s Regional offices generally make decisions based solely on the unlawful provisions and would seek to have those voided out as opposed to the entire agreement.

Employee Request

  • These employee protections under the NLRA cannot be waived even if the employee knowingly requests or consents to an overly broad confidentiality or non-disparagement provision.

Confidentiality

  • Confidentiality agreements may still be lawful, so long as they are narrowly-tailored to restrict dissemination of proprietary or trade secret information for a period of time based on legitimate business justification.

Non-Disparagement

  • Non-disparagement agreements may still be lawful so long as they are narrowly-tailored and limited to employee statements about the employer that meet the definition of defamation as being maliciously untrue, such that they are made “with knowledge of their falsity or with reckless disregard for their truth or falsity.”

The bottom line is that recycling severance agreements that have been attorney-approved in the past is no longer a good practice and could result in potential legal liability on behalf of the employer which could lead to voided out agreements.

-Rachel E. Bossard, a partner at Burke, Warren, MacKay & Serritella, P.C., chairs the Firm’s Labor and Employment law practice group. She represents employers in all aspects of the law including client counseling, training, litigation and benefits. She can be reached at 312-840-7029 or rbossard@burkelaw.com

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The Missing Piece: EFBC

This month we are proud to feature a guest blog written by EFBC member Eric Weinstein of Specialty Store Services.

It was 2008. I was 38, and my first child was 6 months old. My wife had finally recovered after a difficult pregnancy requiring an extended stay in the hospital after delivery. Every day there was more bad news about the financial markets: banks were failing, the stock market was crashing, and the names Freddie Mac and Fannie Mae were now in everyone’s vocabulary. Everything was in turmoil, and in the midst, I was given ownership of the family business. To put it bluntly, I was utterly unprepared and more than a little scared.

I had been working at the family business for about 10 years at the time. I wasn’t involved in management beyond my little world of marketing. I did not have exposure to operational decision-making or to the finances of the company. While I enjoyed my job and always hoped for the company’s success, I didn’t have a good grasp on how it all worked and what it took to run a distribution company. There was no succession planning, no training, no discussion of my future and what that would entail. In retrospect, I should have been asking questions more proactively, but that’s difficult when you don’t know what you don’t know. Really, I could have used an MBA instead of my MFA, but that is a subject for another blog post.

I don’t remember any discussion about the business transition plans or what I was going to be responsible for. There was no countdown to retirement for my dad or milestone date for the transfer of ownership. I didn’t even think about it often because it wasn’t really spoken about.

Ultimately, the “transition” was more of an event than a process. I remember it as a simple directive without much preamble. “Eric, be at this address at 9 a.m. on Skokie Valley Road, and you will become the new owner of the company.” And that was it. Be there, is all he said, and I went alone.

So, with the stroke of a pen the business was mine. It was like one day I was doing my job running the marketing department, and literally the next day I was part owner of a family business. I was not prepared.

The business that my dad and his partner had started 22 years prior in a garage on the northside of Chicago was mine. But – and it was a big but – from what I recall of bits and pieces of internal conversations at the time, the business was not doing well. In fact, it was six months away from going broke. So not only was ownership new to me, but I was also looking down the barrel at the very dire aspect of ownership.

It seemed impossible after so many years of success, but the company, Specialty Store Services, a distributor of retail store displays and supplies just had its worst year ever. Specialty Store’s customers, small mom-and-pop retail stores, were closing their doors all over the country. On top of that, the company did not have a handle on expenses. It was like a bus hurtling toward a cliff and management – especially me, brand new to the team but expected to lead – had no idea how to stop it or even slow it down.

We just kept doing the same things and hoped that business would go back to normal. Things didn’t get back to normal, in fact they got worse. I held on tightly.  Even as I educated myself on the operational aspects of the business I found that new challenges were popping up all the time. One big surprise was when our bank insisted I put my house up as collateral for our loans. And on top of it all I thought the stress might kill me. This was definitely not the celebratory torch-passing you’d expect when inheriting ownership of the family business.

Slowly, I began to look at things more wholistically. My partner and I began owning the areas of the business where our strengths were. But still there was so much we didn’t know. I began looking for resources to help me fast-track my knowledge and experience as well as an organization of like-minded people that would offer support during this difficult time in my life and that is when I found the EFBC.

In looking back at the experience, I’m so grateful for the EFBC in helping me find my footing and ultimately grow my business. However, I regret that they weren’t a part of our family business all along. I know that if my dad had been part of a forum and had the opportunity to discuss how he was going to hand over the business to me with his forum partners things would have been different. He could have learned from the experiences of others who had been through these transitions. He could have reached out to one of the strategic partners to get an understanding of the legal or tax consequences of giving me the business. He would have gotten me involved earlier – in both the business and in the EFBC and I am sure things would have been different.

We are constantly told that we as business owners must go at alone, that we have to “pull ourselves up from our bootstraps” but there is something incredible that comes out of the collective knowledge and experience of everyone in the EFBC. You know that you are not alone, that your forum brothers and sisters are there to help you through the hard times as well as celebrate your successes.

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Meet Colleen Kramer, President of Evergreen Supply Co.

Get to know Colleen, a new member of the EFBC, who joined us in February 2023.

Evergreen Supply Co.
Founded: 1986

Location: Itasca, IL

Tell us about your career leading up to where you are now:
Evergreen Supply Co was started in 1986 by my mom, Patt Gallagher in the basement of our family home. After graduating from Loyola University of Chicago with a Bachelor of Arts in Finance in 1988, I joined my mom who only sold two product lines Bussmann Fuses and Eveready Batteries. Today, we distribute over 250 different manufacturers, have our own fleet of delivery vehicles and employee 32 wonderful people. Together we built a distribution company of electrical materials from the basement to a 50,000 square foot facility in Itasca, IL. As President of Evergreen Supply Co, the company has grown to a 38-million-dollar company serving electrical contractors in the Chicagoland market.

What do you like most about what you do?
I really enjoy working with my clients to solve problems and create beautiful spaces. Evergreen Supply has been able to work on many iconic projects in Chicago. We have provided material to O’Hare Airport runways and terminals all the way to the Museum of Science & Industry and beyond. We have worked at Northwestern Hospital as well as Edward, Advocate Medical and Rush to name a few. Recently, we have been awarded the lighting for the Obama Presidental Center. There are so many great projects that we had the ability to be part of in the City and State that it makes me so happy.

How did you hear about the EFBC?
In May of 2021, I purchased an amazing building in Itasca, Illinois from Brian McIlwee of McIlwee Millwork. Brian introduced me to all his neighbors in the Itasca community and continually discussed the EFBC. The group was all gushing about Forum and the relationships and business shared experiences that they all received from EFBC. Brian along with Nirel Inman invited me to some events and I was really interested in learning more.

Why did you join, and what do you hope to gain from your membership?
I joined EFBC for the strong community of family and privately held business that foster relationships and provide shared experiences. Running a business has many challenges and it is nice to have a support group of others to bounce questions and issues off of them. I also joined EFBC for their council of resources available to me and Evergreen Supply.

Join us in welcoming Colleen to the EFBC community.