I’ve been cautioning readers to take more inventory on deicing materials as a precautionary measure to avoid potential problems with availability in times of shortages. What I had failed to consider was the impact on other sectors that spill over into the deicing world, such as packaging materials such as bags, weather-proof covers, wooden pallets, etc.
Pallets Pallet costs have risen over 50% in the past two months, according to a recent report in the Detroit News (CLICK HERE). We’ve all heard about the lumber problems and skyrocketing costs, in many cases ten times above average. Now, this spills over to wooden pallets, with used pallets costing the same as new pallets cost six months ago. For example, a $9 used pallet is now has a price tag of around $15.
There are many things that are hard to anticipate, but we know that prices are going up on both bulk and packaged ice melt products this coming winter season without question. Be careful to check your costs and get them confirmed as you commit your respective businesses to snow removal contracts for the coming season. I predict no component of the professional snow and ice management market will escape these price increases.
Now that the Department of Labor has withdrawn the last-minute independent contractor rule put in place by the former administration, employers should not expect a new independent-contractor rule anytime soon.
DOL published the final rule on Jan. 7, shortly before the transition of the former administration with that of the current. Just days prior to the rule’s publication, the incoming administration specifically mentioned the independent contractor rule as one of its predecessor's “midnight regulations” that would be halted.
Historically, the Department of Labor has looked at several factors to consider whether a worker is an independent contractor or employee, including the broad-brush legal term "the totality of the circumstances."
The withdrawn independent contractor rule would have put into play five economic-reality factors to make determinations as to whether a worker is an employee or an independent contractor. Two of those factors – the nature and degree of the worker’s control over the work and the worker’s opportunity for profit or loss – would have been the two primary factors for determining a worker’s classification and carried greater weight than the other factors, such as the amount of skill required for the work; the degree of permanence of the working relationship between the worker and the potential employer; and whether the work is part of an integrated unit of production.
Jessica Looman, principal deputy administrator for the DOL Wage and Hour Division, recently stated: "We are going back to the decades-old analysis, and we really feel that this is the space where we can best protect workers..."
Technology workers are driving a re-assessment of the independent contractor analysis. As Ms. Looman further stated, "When it comes to digital workers ... we want to make sure that we continue to look at their needs, how they are interacting with their individual employers and whether or not they have the protections of the Fair Labor Standards Act."
In withdrawing the Jan. 7 rule, the Department of Labor stated that "The rule's prioritization of two 'core factors' for determining employee status under the FLSA would have undermined the longstanding balancing approach of the economic realities test and court decisions requiring a review of the totality of the circumstances related to the employment relationship...".
President Joe Biden has stated he supports an "ABC" test like California's independent-contractor rule. California generally requires all three (3) of the following factors to be met for a worker to be properly classified as an independent contractor: (1) The worker is free from the control and direction of the hiring entity in connection with the performance of the work; (2) The worker performs tasks that are outside the usual course of the hiring entity's business; and (3) The worker is customarily engaged in an independently established trade, occupation or business of the same nature as the work performed for the hiring entity. Some other states that apply this type of test include New Jersey, Massachusetts, and Illinois.
While we will continue to track this issue and report on any new changes. However, we do not anticipate them happening anytime soon.
A frequent Snow Magazine contributor, Josh Ferguson is a Partner and Co-chair of the Philadelphia office at Freeman, Mathis & Gary LLP and the ASCA’s general counsel.
Illinois has three new laws on their books that expand employee rights and impact the way business owners hire and retain workers, according to our legal friends at Freeman, Mathis and Gary LLP.
It is now a violation of the Human Rights Act to discriminate against an individual based on his or her prior convictions unless there is a “substantial relationship” between the conviction(s) and the position sought; or granting the employment or continuing the employment would involve an “unreasonable risk” to property or the safety or welfare of specific individuals or the general public, according to recent legislation (SB1480).
And if you were wondering, a “substantial relationship” means the employer must consider whether the position creates the opportunity for the same or a similar offense to occur and whether the circumstances leading to the conviction will recur in the position.
SB1480 amended the Business Corporations Act of 1983 by requiring corporations that file an EEO-1 report with the EEOC to provide the same information to the Illinois Secretary of State, which will publish the information on the gender, race and ethnicity of the corporation’s employees on its website. Corporations must comply with this demographic information report with the corporation’s annual report filed on and after Jan. 1, 2023. The language of the Act seems to suggest that the corporation must report demographic information on all of its employees, wherever they are located, not just in Illinois.
SB1480 also requires private Illinois employers with more than 100 employees to obtain an “equal pay registration certificate” from the Department of Labor by March 23, 2024. Any corporation that does not obtain the certificate or who’s certificate is suspended must pay a civil penalty of 1% of gross profits.
In his autobiography, The Hope Circuit: A Psychologist’s Journey from Helplessness to Optimism, Dr. Martin Seligman, who is considered by many people to be the father of positive psychology, wrote that after 50 years of research into human emotions he had reached the conclusion that our natural default position when bad things happen is to fall into negative emotions such as fear, worry, paranoia, anger, anxiety, pessimism, hopelessness, or helplessness. He wrote that we need to make conscious efforts to shift to positive emotions of gratitude, optimism, and hopefulness.
Even more importantly, he has spent most of those fifty years explaining HOW people can shift from pessimism to optimism with great books like Learned Optimism and Authentic Happiness.
If you occasionally shift into a negative emotion, that’s perfectly okay. You’re human. However, if you remain in a sustained negative emotion for several days, then you are much less likely to fulfill your potential in an upcoming situation. Positive emotions can produce joy and enthusiasm and excitement for the future. Your emotions affect your decisions and behaviors.
It’s important to realize how important your emotions really are in your life. If you acknowledge that your emotions at this moment are going to affect the rest of this day, then you might take the time to strengthen them. Just like exercising your body can have a positive impact on the day, so can exercising your emotions.
The Connection Between Thoughts And Emotions Realize that your thoughts affect your emotions.
Here is a rather extreme example. Imagine a baseball is coming right at your head at 100 MPH and you can see it coming. It is 15 feet from your face. What are you feeling right now???
My hunch is you are intensely scared.
Now imagine the same baseball is coming at your head at 100 MPH and it’s 15 feet away, but it’s coming from behind you and you can’t see it. You are not aware of it at all. What are you feeling right now???
I’m guessing you are not feeling anything because you don’t know something bad is about to happen.
It’s not the baseball that caused your emotion. It’s the thought about the baseball that caused your fear.
Strengthen Your Emotions From Negative To Positive In most situations in life, unlike a baseball coming right at your face, you have time to slow down and change what you are thinking. That ability to think before a situation occurs or rethink a situation after it occurs is the key to generating positive emotions.
By consciously choosing what you think, you will affect your emotions. Here are four methods to accomplish this:
Method #1: Shift the memory you focus on. If you had a bad experience at the last meeting you attended with your boss, you might be feeling very pessimistic, anxious, or angry as you are thinking about a meeting with that person in 20 minutes. That pessimism, fear, or rage can affect your decisions and behaviors in your upcoming meeting.
Here’s a suggestion. Go back in your mind to a really good time in your life. Maybe it lasted a day, a week, or a month. Let that memory soak in. Focus on who is in that space with you and what is happening. Visualize what is being said. Really recall that experience in detail for a minute or two. Focus on what you are feeling right now as you recall that really good time in your life. Now carry those emotions of gratitude and joy and positivity into the meeting with your boss. It can very well affect your decisions and your behaviors while you are in that meeting.
Method #2: Make positive comments personal, permanent, and pervasive, and negative comments universal, temporary, and specific. If you messed up on a recent project at work, you could work yourself up into an emotional frenzy of worry, fear, and helplessness. I encourage you not to do that.
Say this to yourself, “I always do great work on every project. Anyone could have made this mistake, and it only happened this one time.” You have now lassoed the mistake and put it in its proper perspective. Now you can go back to doing your work.
Notice this all happened in the Court of Your Own Mind. As opposed to a Court of Law where you have to convince 12 people that your perspective is correct, in the Court of Your Own Mind you only need to convince yourself. However, you do need to really convince yourself, otherwise the Court of Your Own Mind can punish you far worse than the Court of Law might have done.
Method #3: Reinterpret what just happened. You were driving on the highway and a car cut in front of you. You were scared for your life, and then you became intensely angry. Three days later you are still angry and you are telling yourself, “That punk driver. A guy in his early 20s. He was probably taking a selfie while he was driving and didn’t even see me. That selfish jerk could have killed me. Young people today are so selfish.” You are carrying your anger into every situation that you are in today.
What can you do? Reinterpret what happened.
Say to yourself, “The guy did switch lanes, but he really wasn’t as close to me as I originally thought. He was a young guy and he was probably racing to get home to his pregnant wife so he could get her to the hospital in time to have her baby. He was trying to do something really noble.”
Notice you don’t really know what happened, but by switching your interpretation of the event you can let it go and move on with your life. You have CONTROL over your thoughts, and your thoughts affect your emotions.
Method #4: Write a letter of gratitude. Your thoughts affect your emotions. You are feeling down today. Your mad about something in your life. You don’t see a way through a problem at work or at home. Your negativity is starting to wear you out.
Take out a blank sheet of paper. Think of one person in your life that you are really grateful for. This might be a family member, a friend, a teacher you had years ago, a former boss, a current colleague, or a person in your community.
Write the person a letter of gratitude. Not just a quick thank you note where you say, “Thanks for everything!” I’m talking about a letter with sentences and paragraphs. For five minutes pour everything you can remember about this person into the letter. Recall specific situations and things the person said to you or did for you. Let the person know how truly thankful you are for what he or she did for you. Put it all in there.
Read your letter over a few times. Add some more things. Then send the letter to the person. Even better, read the letter to the person, and then send it to him or her.
It’s very, very hard to stay stuck in a negative emotion when you are writing a long letter of gratitude.
I graduated from high school 40 years ago this month. That was an important time in my life as I transitioned from high school to college. A few weeks ago I wrote six letters of gratitude to four of my high school teachers and two of my college coaches to let them know how grateful I was for the enormously positive impact they had on my life. Doing that really helped shape my perspective for the next few weeks.
We can see the world as filled with bad news every day, or we can see the absolutely amazing things that people do every day. We can focus on all the things that make people angry, or we can focus on seeing people projecting the best version of themselves. We can be thankful for everything we have in our lives, or we can be ticked off about everything we don’t have in our lives. We can express our deep gratitude for certain people in our lives, or we can express our deep anger for certain people in our lives.
It’s our choice. We have control over our thoughts. Our thoughts affect our emotions. Our emotions affect our decisions, words, and behaviors.
We can choose either path. The key is to realize it’s completely up to us.
A frequent Snow Magazine contributor, Dan Coughlin provides both individual Executive Coaching and Group Coaching Programs on management, leadership, and teamwork. To visit his Free Business Performance Idea Center, go to www.thecoughlincompany.com.
K + S, Morton Salt Sold for $3.2B
Stone Canyon Industries closes its deal that places the acquired rock salt ops under the Kissner Group Holdings banner and will divest its US Salt subsidiary.
Stone Canyon Industries Holdings LLC, Kissner Group Holdings minority owner and CEO Mark Demetree, and affiliates announced Friday they have closed on their acquisition of K+S Aktiengesellschaft's Americas salt business, including Morton Salt, for a previously disclosed purchase price of $3.2 billion.
"We are excited to move to the next stage of SCIH's acquisition of the iconic Morton Salt brand and the family of K+S Americas products," said James Fordyce, Co-Chairman and Co-CEO of SCIH. "Combined with SCIH's Kissner Group Holdings, the Americas salt business offers an extensive line of products to consumers as well as governmental and commercial customers. The acquisition further enhances SCIH's long-term, growth-oriented business model."
The acquisition will be integrated into SCIH's Kissner Group Holdings, which SCIH acquired in 2020. Kissner is a leading pure-play producer and supplier of salt in North America. Headquartered in Overland Park, Kansas, Kissner produces bulk salt, specialty salt and evaporated salt for consumers, governmental and commercial customers across the United States and Canada.
The K+S Americas operating unit mainly comprises K+S Chile, formerly known as the Chilean company SPL, acquired by K+S in 2006, as well as Morton Salt (USA) and Windsor Salt Ltd. (Canada), acquired in 2009. Morton has more than 3,500 employees located in the U.S. and worldwide.
Mark Demetree, Executive Chairman and CEO of Kissner, said: "The closing of this acquisition is another milestone in our partnership with SCIH, and allows us to continue to expand Kissner's capabilities to deliver high quality products and service to our customers. We look forward to integrating Morton Salt and the other K+S Americas products into the SCIH family. And going forward, the combined company will be known as Morton Salt."
SCIH will divest its US Salt subsidiary, based in Watkins Glen, New York, as part of an agreement with the U.S. Department of Justice to proceed with the acquisition. US Salt has been in operation for over 100 years and is operated as an independent entity within SCIH.