The Scoop - July 2023

VISION FOR THE FUTURE

PLUS: SEEDS OF SUCCESS

ALSO INSIDE: CHANGES TO NON-COMPETE AGREEMENTS

THE CRMC CHAMPIONSHIP IS HONORED TO HAVE GERTENS AND GERTENS WHOLESALE BACK AGAIN AS OUR PRESENTING SPONSOR.

AUGUST 28 - SEPTEMBER 3, 2023

The CRMC Championship presented by Gertens is the last stop before players compete in the final tournament, the Fortinet Cup Championship. Only the top 5 players of the 2023 PGA TOUR Canada Fortinet Cup season long points race will receive Korn Ferry Membership in 2024.

Cragun’s Legacy Courses will be a critical stop and the crowd should be in store for a dramatic finish this Labor Day Weekend.

Tickets to the event are free, so anyone can attend and watch.

https://crmcchampionship.com/

Fire & Isokern

The Isokern® brand of products originates from Denmark, where the art of modular masonry construction was perfected over 80 years ago.

Utilizing volcanic Icelandic pumice, a natural insulator, sourced from the Mt Hekla Volcano, Danish engineers created chimney and fireplace component systems. Suitable for wood, LP, or natural gas. Finish with your choice of stone, brick, or stucco.

JULY

Cover photo: Courtesy of Danziger. Table of Contents

Top Left: iStock.com/zhuda. Middle: iStock.com/chatchaisurakram.

Bottom: Courtesy of Alisha Asleson

MINNESOTA NURSERY & LANDSCAPE ASSOCIATION

Successful Businesses Grow Here!

1813 Lexington Ave. N., Roseville, MN 55113

651-633-4987 • Fax: 651-633-4986

Outside the metro area, toll free: 888-886-MNLA, Fax: 888-266-4986

www.MNLA.biz • www.NorthernGreen.org

Mission: The mission of the Minnesota Nursery & Landscape Association is to help members grow successful businesses.

BOARD OF DIRECTORS

Randy Berg, President

Berg’s Nursery, Landscape/Garden Center

507-433-2823 • randy@bergsnursery.com

Matt Mallas, Vice-President

SiteOne Landscape Supply

763-512-2849 • mmallas@siteone.com

Terri McEnaney, Secretary-Treasurer

Bailey Nurseries

651-459-9744 • terri.mcenaney@baileynursery.com

Susan Bachman West Bachman's, Inc.

612-861-7600 • sbachman@bachmans.com

Kim Gaida-Wagener

Rock Hard Landscape Supply

612-619-3312 • kgaida@rockhardmn.com

Greg Krogstad

Rainbow Treecare

952-922-3810 • gkrogstad@rainbowtreecare.com

Patrick McGuiness

Zlimen & McGuiness PLLC

651-331-6500 • pmcguiness@zmattorneys.com

John O’Reilly

Otten Bros. Garden Center and Landscaping

952-473-5425 • j.oreilly@ottenbros.com

Jim Shimon

Willow River Company — Landscaping & Tree Farm

715-386-3196 • jimshimon@willowrivertree.com

Cassie Larson, CAE

MNLA Executive Director

651-633-4987 • cassie@mnla.biz

STAFF DIRECTORY

Executive Director:

Cassie Larson, CAE • cassie@mnla.biz

Associate Director: Jon Horsman, CAE • jon@mnla.biz

Dir. of Government Affairs: Felipe Illescas • felipe@mnla.biz

Education & Cert Mgr: Hallie Chasensky • hallie@mnla.biz

Communications Coor: Brianna Burns • brianna@mnla.biz

Regulatory Affairs Mgr: Jim Calkins • jim@mnla.biz

Foundation Program Mgr: Paulette Sorenson • paulette@mnla.biz

Administrative Assistant: Louise Nemmers • louise@mnla.biz

Accountant: Pam Helgeson • accounting@mnla.biz

Advertising Sales: 763-295-5420

Betsy Pierre, Advertising Mgr • betsy@pierreproductions.com

Legislative Affairs Consultant: Doug Carnival

The Scoop, July 2023, Issue 7 is issued monthly, 12 times per year. All original works, articles or formats published in The Scoop are © Minnesota Nursery & Landscape Association, 2023, and may not be used without written permission of MNLA, 1813 Lexington Ave N., Roseville, MN 55113. Subscription price is $99 for one year, which is included with member dues. POSTMASTER: Send address changes to The Scoop, MNLA, 1813 Lexington Ave N., Roseville, MN 55113.

Editorial Contributions. You are invited to share your expertise and perspective. Article ideas and manuscripts should, whenever possible, reflect real and specific experiences. When submitting an article, please contact the editor at brianna@mnla.biz or 651-633-4987. MNLA reserves the right to edit all Scoop content.

COMO JAPANESE GARDEN MAINTENANCE TOUR & SOCIAL HOUR

Join us at the Como Japanese Garden for a maintenance-focused tour with horticultural staff followed by a social hour hosted by MNLA at the Como Lake Pavilion. Como Park, Saint Paul, MN ➽ mnla.biz/events

MNLA NIGHT AT THE SAINTS

Take a break from your busy season to enjoy a game at CHS Field. CHS Field, Saint Paul, MN ➽ mnla.biz/events

MN GREEN INDUSTRY CANNABIS FORUM

Join us for a full-day educational forum on the cannabis growing industry. Topics include marketing and selling, insurance and banking, cultivation, and more. There will be networking opportunities throughout the day, as well as an ask-the-expert break-out session. Register now.

Columbia Golf Course Manor, Minneapolis, MN ➽ mnla.biz/events

MNLA FOUNDATION SHOOTOUT

This sporting clays tournament is fun for everyone and is a great way to spend time with colleagues and friends this fall. This is a 75-round course and the difficulty level is FUN! First time shooters are welcome, and guns are available for rent. Proceeds support workforce development.

Game Unlimited: 871 County Road E, Hudson, WI 54106 ➽ mnla.biz/events

MNLA PROFESSIONAL CERTIFICATION EXAM

Save the date! Sit for the exam to become an MNLA Certified Professional in 2023. Additional test dates on Oct 13 & 20 and Nov 3 & 17.

MNLA Office, Roseville, MN ➽ mnla.biz/events

PESTICIDE RECERTIFICATION WORKSHOP

Obtain recertification credits by attending the Pesticide Recertification Workshop and have your current license scanned and checked by MDA. Applicators MUST bring their license identification card.

Wilder Foundation, Saint Paul, MN ➽ mnla.biz/events

2023 Widmer Golf and Shootout generously supported by:

2023 MNLA education generously supported by:

on industry events: MNLA.biz/events. Free, member-only videos: MNLA.biz/OnlineEducation.

iStock.com/panida wijitpanya

Umbriano ®

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NON-SLIP SURFACE

Add richness to any hardscape project with the natural granite look and beautifully modern joint lines of Umbriano. Not only do they exude a sleek and modern look, but they also provide exceptional slip-resistance and minimal heat absorption, making them an excellent choice for pool decks.

Umbriano pavers are factory-sealed with EasyClean™, an integral stain resistance that makes cleaning up spills around outdoor kitchens, dining areas, and other high traffic areas a breeze. Scan the QR code for more product information.

Summer Wheat Winter Marvel

Midnight Sky French Grey

Setting a Vision and Strategy for the Future

What are the current needs of the green industry and what will the future hold? How can

Cassie Larson MNLA Executive Director

and resulted in a new strategic plan for MNLA. This new strategic plan will serve as a guidepost and grounds our future work as an organization. The plan is the result of a year-long effort led by the Board, a group of dedicated volunteers, and staff, with broad input and feedback from across the membership. Leadership discussed industry trends, changing demographics, reviewed member survey data, and conducted interviews to support the creation of the plan.

The first result of these discussions was that the MNLA mission and vision needed some adjustment to remain relevant. The new vision and mission developed below will be put up for a full vote of the membership:

• Proposed Vision: Enhancing lives by creating and maintaining sustainable green spaces.

• Proposed Mission: To empower, support, and cultivate a community of green industry businesses through advocacy, education, and connections.

MNLA will implement activities to fulfill this revised vision and mission through a dynamic work plan organized around four core tenets:

2. Communicate and Advocate for the Vital Role of Green Industry Businesses

3. Promote Careers and Employee Advancement

4. Grow and Empower Members through Education & Networking

To find out more about the four core components of the plan, visit www.mnla.biz/strategicplan.

As your champion and advocate, MNLA will continue to amplify our efforts to ensure the growth of our members’ businesses, and in turn our membership enrollment. We believe the new strategic plan will help propel us toward exciting new goals and ensures a solid future for the organization – both in leadership and resources.

But we can’t continue to do this work without dedicated volunteers. So, we need your help and participation to be successful. Consider joining a committee or task team, attending an upcoming educational program or networking event, or reach out to your legislator and advocate for your industry. Participation at any level will add to the success of the whole. We look forward to working with you, the members, to push the green industry forward!

JANUARY 23—25

St. Paul RiverCentre

New Place, New Time, New Impact!

Northern Green 2024 will be a highly customized and highly concentrated experience – making the most of everyone’s investment of time and money.

MONDAY Pre-Conference Sessions: PLT Relicensure and Pesticide Recertification will be available on Monday, January 22 at the Northern Green venue.

TUESDAY Community day for these Villages: Landscape/Hardscape Contractor

Golf

WEDNESDAY Dedicated trade show day!

TRADE SHOW

9:00am-5:30pm

Landscape Design/ Landscape Architecture

Water/Irrigation

BLOCK PARTY

5:30pm-7:30pm

Management Path

THURSDAY Community day for these Villages: Turf, Grounds, & Snow Management

Garden Center/Grower

Professional Gardening Services

Tree Care/Arborist

Management Path

330G Skid Steer

LIMELIGHT PRIME ®

Hydrangea paniculata ‘SMNHPPH’ PP#32,511; CBRAF

Long Blooming | Strong Stems | Vibrant Color

Limelight Prim e ® panicle hydrangea is an improved, more refined ‘Limelight’ with darker foliage, stronger stems, and a more upright, compact habit. Lime green blooms maintain their color longer until transitioning to a rich pink. Landscapes will love Limelight Prim e ® hydrangea.

Available from Proven Winner s ® ColorChoice® growers www.provenwinners-shrubs.com

SUMMER USDA 3-8 4-6’ tall + 4-5’ wide

Approach One - Geographic (location-type approach)

Prioritize geographic areas to reduce outdoor water use as drought stages increase.

Promote water-efficient products & practices.

City Parks

Advocate for preassembly of professional designs by EPA

WaterSense® Partners & installations/maintenance by accredited or licensed practitioners.

Promote water-efficient products & practices.

Comply with local ordinance, educate others

Deficit-irrigation or eliminate irrigation of established areas.  Allow irrigation of new plantings & at-risk plants such as boulevard trees

No irrigation except for at-risk plants No irrigation

City Park: Sports Fields

Advocate for preassembly of professional designs by EPA WaterSense® Partners & installations/maintenance by accredited or licensed practitioners.

Promote water-efficient products & practices.

Comply with local ordinance, educate owners

Same as above & deficit/eliminate irrigation of lower priority areas (e.g. outfields), allow irrigation of higher priority (e.g. infields)

No irrigation to low priority areas (e.g. outfields) & increase deficit irrigation of higher priority areas (e.g. infields)

No irrigation

Residential and Commercial

Advocate for preassembly of professional designs by EPA WaterSense® Partners & installations/maintenance by accredited or licensed practitioners.

Promote water-efficient products & practices.

Comply with local ordinance, educate owners

Encourage deficit irrigation of no greater than ½ of weekly equivalent. Allow irrigation of new & at-risk plants.

Encourage deficit irrigation of no greater than 1/3-1/4 of weekly equivalent. Allow irrigation of new & at-risk plants.

No irrigation

Agriculture (including horticulture, sod, food fiber, and energy crops)

Introduction

Advocate for preassembly of professional designs by EPA WaterSense® Partners & installations/maintenance by accredited or licensed practitioners.

The Minnesota Nursery & Landscape Association (MNLA) is actively engaged in policy formulation related to all aspects of the planning, design, installation, maintenance, and management of the urban landscape. MNLA represents the Minnesota Green Industry which includes nursery and greenhouse growers, garden centers, landscape irrigation practitioners, industry suppliers, and a wide range of landscape professionals. MNLA member companies collectively employ more than 42,000 individuals and have a multi-billion-dollar annual impact on Minnesota’s economy. MNLA advocates for

workable water conservation and efficiency efforts to preserve Minnesota’s precious water resources. Constant and consistent outreach, education, and advocacy are crucial to the effort to promote the efficient use of water in the outdoor living environment.

MNLA is available to serve policymakers as a contributing resource to those formulating science-based responses, strategies, policies, and actions to manage water use and promote water-efficient practices in Minnesota.

Background

The Minnesota Department of Natural Resources (DNR) currently outlines five stag-

es of drought in Minnesota in its Statewide Drought Plan and corresponding guidance to water purveyors in response to triggers of drought severity. The drought stages range from Stage 1 (Non-Drought) to Stage 5 (Emergency). The State Drought Plan does not prescribe water reduction strategies; rather, it leaves this responsibility to municipal authorities and local water purveyors. To balance water efficiency efforts with the needs of existing plant infrastructure and landscapes, MNLA’s leadership and staff assembled industry-specific and situationally appropriate advice for outdoor water use reduction and improved water use efficiency.

Approach Two - Plant Material

Prioritize established plant material by type to reduce outdoor water use as drought stages increase.

TURF

Mow 3–3.5" June–Sept. Deficit irrigate to 80–95% of ET or soil moisture-holding capacity. Employ best practices in distribution and application.

Mow 3.6–4.5" June-Sept. Deficit irrigate not greater than 80% of ET or soil moisture-holding capacity. Employ best practices in distribution and application.

Water only during establishment or per best practices.

Maintain mow heights greater than 4"; skip mows. No fertilizer. Deficit irrigate not greater than 50% of ET or soil moisture-holding capacity. Employ best practices in distribution and application.

irrigation

Mow sparingly. No fertilizer. Deficit irrigate not greater than 25–33% of ET or soil moisture-holding capacity. Employ best practices in distribution and application.

No restriction on plants in containers or beds; hand-water or drip/ micro irrigation is recommended.

No restriction on plants in containers or beds; hand-water or drip/ micro irrigation is recommended.

No restriction on plants in containers or beds; hand-water or drip/ micro irrigation is recommended.

No restriction No restriction No restriction

No restriction on plants in containers; hand-water or drip/micro irrigation is recommended. No irrigation to annuals planted in beds.

No irrigation

Objectives

MNLA seeks to collaborate with legislative, regulatory, and municipal authorities to promote means and methods to improve and assure efficient uses of water while preserving existing landscapes and planted infrastructure. Promotion of high-efficiency landscape and irrigation products and industry best practices among practitioners, consumers and regulators is key to achieving workable successes in the efficient use of outdoor water resources. This document focuses on advice for workable actions to reduce water use in the planted landscape in response to periodic drought conditions.

MNLA makes available industry-specific guidance (herein) for use and promulgation by agencies, local governments, water purveyors, educators, Green Industry professionals, and other interested stakeholders. Intended as a component of broad-based water reduction efforts in drought conditions, this

document and the corresponding two-approach matrix above should be consulted when crafting and implementing water reduction ordinances for each stage of the State Drought Plan, including prioritization of location-types and plant material types.

State Drought Plan

This document cites the Drought Condition Levels from U.S. Drought Monitor, ranging from Abnormally Dry (D0) to Exception Drought (D5). The MN State Drought Plan, as released by the Minnesota Department of Natural Resources, uses these metrics to declare Drought Phases, Stage 1 (nondrought)) through 5 (Emergency) which trigger actions by the state and other water-related stakeholders.

New Plant Establishment Restrictions

During drought Stage 4 (Restriction) and Stage 5 (Emergency), MNLA recommends

against the establishment of new plant materials and new or continuation of landscape projects as new plants and landscapes are vulnerable to drought-like environmental conditions and underwatering. Additionally, seeding of cover crops (on bare soils) should be avoided.

Mulch and other protective measures during drought

During drought conditions, MNLA recommends mulching of bare soil surfaces. Mulch reduces water loss due to evaporation. A 1½" –2" layer of mulch or compost is recommended. Apply mulch to annuals, perennials, shrubs, trees, and vegetable gardens.

The Value of the Planted Landscape

• Gardening is America’s top outdoor leisure activity and is enjoyed for the exercise and the psychological benefits associated with gardening. Studies

DURING DROUGHT CONDITIONS, MNLA RECOMMENDS MULCHING OF BARE SOIL SURFACES.

… A 1½"–2" LAYER OF MULCH OR COMPOST IS RECOMMENDED.

have shown that an environment of trees and flowers reduces stress, lowers blood pressure, and relieves tension in muscles.

• Plants, trees, and shrubs help preserve groundwater, sequester carbon, control erosion, are crucial elements of a healthy ecosystem, and contribute to human safety and well-being, especially in urban settings.

• Leaky faucets, hoses, sprinklers, and toilets can waste significant amounts of water, and should be maintained proactively before and after drought conditions to reduce water waste.

• MNLA encourages watering infrequently, deeply, and thoroughly. Best industry irrigation practices include scheduling and application techniques such as “cycle-and-soak” to maximize efficient use of water resources.

• MNLA encourages the employment of professionals who specialize in the design and specification of landscape irrigation systems that incorporate high-efficiency products and best design practice principles.

• MNLA encourages the employment of irrigation scheduling and maintenance best management practices.

• MNLA encourages the installation of systems by third-party accredited and/or licensed irrigation practitioners.

• MNLA advocates for workable and directly applicable regulation and/or licensure of landscape irrigation practices in Minnesota.

➽ THE CONTENT OF THIS DOCUMENT is subject to change and refinement as a result of new information and resources. MNLA Government Affairs Director Felipe Illescas can be reached at felipe@mnla.biz.

precision engineered, ruggedly designed Kubota machines. Built upon a single-minded truth understood by operators on jobsites all over the world. Reliability comes

SEEDS OF SUCCESS

Rosa Broen, Lauren Elstad, Ashley Storz, and Lauryn Wittnebel Rockford FFA

OUT OF THE MANY INCREDIBLE EXPERIENCES WE’VE HAD WITH FFA, our proudest moment was winning the Market Plan Career Development Event (CDE).

We created our plan based on Heidi’s GrowHaus, a small, female-owned business located in Corcoran, Minnesota. Heidi’s provides a wide variety of quality plants and produce, all grown with care. The creation of our plan could not have been done without the help of the business owner, Heidi. Whether it was over Zoom or in person, our meetings with her were beneficial in broadening our knowledge about the topic. She was easy to work with and assisted us in every way she could. Her passion and enthusiasm for agriculture are truly inspiring, and we strive to approach the industry with the same devotion.

We were unsure of the outcome at the beginning of our journey. We didn’t know where to start and had a small understanding of this topic, but we were eager and willing to learn more. We began by discussing with Heidi her current thoughts on the state of Heidi’s

GrowHaus. We learned about the workplace and what they accomplish there. Additionally, we realized that although COVID took a toll on the entire economy, she was able to adapt to the circumstances and truly thrive because of her drive to keep moving forward. The information that we took away from this brief encounter allowed us to have some sort of direction to begin the plan.

To understand a base knowledge of the target market, we sent out a survey via Google Forms to hear from the community on a range of topics. With almost 140 responses, the survey certainly assisted us in the effort to complete the “Buyer Profile” portion of the plan. After many hours of typing and discussing, our Market Plan was ready for submission. The wait was finally over, and it was time to see whether or not we made the finals. Fingers crossed, we said a quick prayer and hoped to hear that we made the top eight. We made the top eight and we were thrilled. This news meant that we’d present at the state convention, so we’d have a chance to qualify for nationals.

State arrived, and with folders in hand, we were ready to present the plan that we had been diligently working on for a while. We

entered through the door and hoped for the best. Hearts racing, our presentation began, and before we knew it, we were finished. All that was left was waiting for the award ceremony, where our results were announced. The announcer began, “In third place, Cleveland High School!” We looked at one another, knowing that we placed in the top two. “In second place, Buffalo High School!” Our straight faces turned to huge grins, as the announcer stated that we won. A sense of accomplishment came over us as we received the first-place plaque.

This experience was not only exciting, but it was incredibly memorable. The memories we built during the three days of the convention are ones that we will carry with us for the rest of our lives. Whether it was taking dance breaks in between events or staying up until midnight to recite our presentation, it was truly unforgettable. Winning the Marketing Plan CDE was life-changing, and we will carry that delight as we progress through our FFA career.

➽ ROSA BROEN, LAUREN ELSTAD, ASHLEY STORZ, and LAURYN WITTNEBEL are students of the Rockford High School FFA Program.

THE MEMORIES WE BUILT DURING THE THREE DAYS OF THE CONVENTION ARE ONES THAT WE WILL CARRY WITH US FOR THE REST OF OUR LIVES.

DO CUSTOMERS NEED LIGHTING?

Have you ever wondered why you didn’t get the sale? Have you ever kept track of the reasons why?

The sales process theory indicates that you can usually reduce the reasons why you didn’t get the sale or why your prospects weren’t interested to six basic objections. By doing this the theory says you can start to formulate good responses to overcoming those six basic objections.

How to Sell: Needs vs. Wants

Within our industry, the top objections are typically price and what we have labeled the kit objection, which is “I can get it at home centers for $49.95, so why should I pay $2000 for a professional

system?” Good objections, aren’t they? But one of the six basic objections that is the most telling in our industry is the perceived need. How often do you hear potential customers tell you that a landscape lighting system is a luxury, not a need?

Do you perceive a need? When was the last time you approached a job site and informed your client that you could address these basic concerns with landscape lighting? When is the last time you thought about why people need landscape lighting?

Let’s discuss the first major needs for landscape lighting security concerns. If

you don’t think people are willing to pay for a certain degree of security, start taking notice of the proliferation of companies that are servicing the home security market. Start noticing how many yard signs are in front of homes today warning possible intruders that the home is protected with a security system. If there are six homes on the street and only one is completely lit with landscape lighting, which house is an intruder least likely to pursue? With landscape lighting, the prowler sees the security sign from the street. Effectively constructing and designing a landscape lighting system that considers beauty, safety, and security will provide protection and security to your customers.

All photos courtesy of SiteOne Landscape Supply

If you still don’t believe your customers have a need for the security lighting you can provide, ask yourself how many of your customers have porch lights? How many leave them on at night?

Reasons to Add Lighting

With a landscape lighting system your customers get not only security, but the safety elements are addressed. Changes in the elevation, low-level shrubs, or plant material that people may trip over all are potential safety concerns that need to be addressed for the homeowner and guests. By building in the proper controls for your customer with their landscape lighting system, safety can be “turned on” with motion sensing devices timers and more to avoid accidents.

As you can see, landscape lighting systems may fulfill more needs than many other offerings. If you can effectively present how you can address some security and safety concerns with landscape lighting, you’re 90% on your way to a sale. That’s because the easy part (and by far the biggest added value) of a landscape lighting system is the beauty aspect. Most of us focus on beauty in landscape lighting and dramatically diminish the safety and security benefits so we also begin to believe in the myth that landscape lighting is a luxury. You must also believe that effective landscape lighting also has the power to fulfill basic client needs.

The Value of Lighting

Now to overcome the most common objection to landscape lighting- price. By showing your customer how lighting will address safety and security concerns and add beauty, your customers will begin to see that you’re not only installing a high-quality product but adding value to their home.

Nothing can help your referrals more than an effective landscape lighting system. It will not only expand the living space for your clients, it will also give them year-round access and enjoyment to their landscape investment. In Minnesota, where you only have abundant daytime light from late April to late September, landscape lighting’s role in keeping customers satisfied is even more dramatic.

For a fraction of the total cost of landscape installation, landscape lighting allows customers to enjoy the safety and beauty you’ve brought to them throughout the seasons.

To overcome each of the basic lighting objections, first overcome your misconceptions. There truly is a need for landscape lighting. It’s not a luxury. It’s something that will bring year-after-year

of benefits to your clients, and it’ll do wonders for referrals.

BIG CHANGES TO MINNESOTA NON-COMPETITION AGREEMENT LAW

Patrick McGuiness Zlimen & McGuiness, PLLC

MANY COMPANIES OFTEN INCLUDE non-compete agreements as a condition for hiring a new employee.

These agreements are a safety net for the employer to prevent employees that leave their company from creating and carrying on a similar business within a reasonable geographic area and a reasonable period of time. It also helps a business protect their trade secrets and highly sensitive information from being passed on to their competitors. Starting July 1, 2023, employers will no longer be able to require non-compete agreements to be signed by employees. While the new law will not affect nonsolicitation and confidentiality non-disclosures, it will still have a big impact on Minnesota businesses. So, what can you do to protect your business and prepare for the ban?

While employers will not be able to include non-compete agreements into their contracts after July 1, the ban is not retroactive, meaning any agreements entered into before July 1 will still be enforceable. In the event a non-compete agreement is signed by an employee after July 1, that portion of the agreement will not be enforceable, but any other terms included in the agreement will still be enforceable. However, the new law will allow courts to award attorneys’ fees to an employee that is required to enforce their rights under the law. The best way to avoid being exposed to attorneys’ fee awards is to stop using non-compete agreements for new employees starting on July 1.

There are also two exceptions to the ban on non-compete agreements. First, a non-compete agreement can still be included and agreed upon during the sale of a business. An agreement like this will prohibit the seller from starting or operating a similar business within a reasonable geographic area

and for a reasonable period of time. The other exception is any non-compete agreements that are made in anticipation of the dissolution of a business in which the dissolving partnership or entity agrees that the partners, members, or shareholders would not carry on a similar business in a reasonable geographic area and for a reasonable period of time.

The new ban does not affect customer nonsolicitation and confidentiality agreements. These types of agreements will still restrict employees’ abilities to use a client or contact list for solicitation of customers when their employment ends. In other words, employees would not be able to steal customers if they decided to leave your company and start their own. This allows employers to mitigate the risk of losing business-critical information that may not otherwise merit protection as a trade secret.

So, what should you do?

• Review your employee files and determine who has a non-compete agreement in place as of now, which will remain effective after July 1.

• Revise your new employee agreements so that they do not have any non-compete clauses or agreements included after July 1, 2023.

➽ This article provides general information on employment law matters and should not be relied upon as legal advice. A qualified attorney must analyze all relevant facts and apply the applicable law to any matter before legal advice can be given.

➽ PATRICK MCGUINESS is one of the founding partners of Zlimen & McGuiness, PLLC. His law practice focuses on assisting contractors and other small business owners. He can be reached at pmcguiness@zmattorneys.com If you would like more information regarding employment law or other legal matters, please contact Zlimen & McGuiness, PLLC at 651-206-3203 or www.zmattorneys.com.

SPRING TRIALS

nother winter has passed, and it is time to report on what will be NEW and SHINY for spring 2024. California was as vibrant as ever and the temps were good too. We started our trip in Oxnard and traveled north to San Jose. We crammed it all into three full days which amounted to almost 700 miles total. Our team gained an enormous amount of knowledge, and I am excited to share that with you. Let’s dig in!

PanAmerican Seed

i Begonia Dragon Wing® Bronze Leaf Pink and Red

Great new spin on a classic. Last year they introduced the white flower with green foliage and now we have a stunning darker foliage option to really make the pink and red blooms pop! Great size and vigor like the others in the series.

Begonia Hula™ Red and White Mixture

Did you try this new one last spring? If you need a cascading and low mounded begonia, this one is for you! Though the flowers are smaller, there are many more of them to create a blanket of blooms for your baskets or landscape plantings.

 Coleus Premium Sun Coral Candy

This AAS Winner is outstanding in the sun or shade. Serrated leaves and the unique color give it a different look than most other seed coleus varieties. Would mix wonderfully with pinks and corals in containers.

 Impatiens Beacon® Pearl Island Mix

Great new mix featuring a favorite from another series, Blue Pearl! Blue Pearl won’t be available as a standalone for 2024 but if you love that color, you can enjoy it featured in this mix.

Biden Administration Provides Updates on Forthcoming Rules that Impact the Landscape Industry

From The National Association of Landscape Professionals.

Recently, the Biden Administration released their Spring 2023 Unified Agenda of Regulatory Actions

(Agenda). The Agenda reports on the actions the Administration’s agencies plan to issue in the short and long term. Information that appears on the Agenda is not always 100% accurate with timelines but it does give a roadmap on the Administration’s priorities. This is especially

important as President Biden enters the final year of his first term in office. To ensure regulatory action isn’t overturned by Congress the Biden Administration will need to publish rules prior to May 2024 to avoid a possible Republican controlled Senate in 2025 from using the Congress-

ional Review Act (seldomly used), to overturn rules that were recently finalized. Updates on timelines for a few rules NALP is closely monitoring are:

1) Overtime • DOL/ WHD • Proposed Rule

Stage • Defining and Delimiting the Exemptions for Executive,

Administrative, Professional, Outside Sales and Computer Employees • 1235-AA39

This has been a priority rule for the Biden Administration to raise the threshold of when overtime must be paid to executive, administrative, IT, and sales staff. Overtime is required for manual

TALK ABOUT A SHOWSTOPPER! WHO DOESN’T LOVE A GOOD COLEUS WITH SERRATED EDGES AND BOLD RUBY RED COLORS THAT THRIVE IN THE SHADE?

Images courtesy of Alisha Asleson unless noted otherwise.

labor; this does not impact their pay structure and federal requirement to pay overtime. Currently, any worker in one of these fields is required to be paid overtime if they make less than $684 per week or $35,568 annually.

We believe the Biden Administration wants to raise that floor to

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 Petchoa Caliburst™ Yellow

Look at that color! Vibrant blooms on a well-branched plant make it a great candidate for mixed containers and hanging baskets. It is cold tolerant and works great as a season extender for fall sales.

something closer to at least $960 per week, $50,000 annually.  Initially, the rule was supposed to be published in May of 2023 but now the timeline is August of 2023. NALP is working within the Partnership to Protect Workplace Opportunities (PPWO) a broad coalition of industry

associations in opposition. A letter was submitted to Congress in May by the PPWO.

2) Heat Standard • DOL/OSHA • Prerule Stage • Heat Illness Prevention in Outdoor and Indoor Work Settings • 1218-AD39

Updating new heat standards has been on the radar for the past

Selecta

 Verbena Beats® Blue + White

This series is known for its compact habit with shorter internodes making it ideal for hanging basket plants in windy conditions. These heat tolerant verbena flower two weeks earlier than other verbenas and do not require any PGRs or a pinch during production.

Calceolaria Calynopsis™

What a great showstopper to put at the checkout for impulse sales. This whole line up got an upgrade to make it easier to grow. Improvements include increased flower power, shorter crop time, and smaller leaves.

two years. NALP has communicated with OSHA with concerns that the new standards are unnecessarily burdensome to implement. The updated timeline looks to initiate a SBREFA panel in August. SBREFA stands for Small Business Regulatory Enforcement Fairness Act,

which requires the Small Business Administration (SBA) to conduct engagement with the small business community about the economic impacts of rules. NALP has had members participate in SBREFA panels in the past and has already

continued on page ( 54)

Courtesy of Selecta North America

Benary

i Begonia Nonstop® Joy Peaches and Dreams

Beautiful shades of yellow with touches of blush pink make this new one a standout! Imagine those hanging baskets!

j Begonia Stonehedge Light Pink Bronze Leaf

Round plant with an upright habit that can reach up to three and one half feet. Bronze leaves with bright green veins really make a statement.

Petchoa Enviva™

 Time to hop on the petchoa train! These plants are robust with great weather resistant and large flowers. Five great colors were introduced with this brand-new series.

Petunia Sweet Sunshine™ Magenta Sky

j Fully double blooms that are the FIRST sky pattern in double petunias. Semi-trailing habit with medium vigor. Great for hanging baskets and mixed containers.

Osteospermum Zion™ Orange Burst

Bright and showy large flowers with excellent branching. Eye-catching color to light up any container. Ideal for mixing with reds, oranges, and peaches.

Courtesy of Selecta North America

i Osteospermum Osticade™ Twilight Moon

This series is known for its mounded and controlled habit. I will say that this one is a favorite of mine as I have a strong love and hate relationship with these plants. The color is fun and an interesting component for combinations.

Petunia Amazonas™ Plum Cockatoo

j This one is FUN! I know that I’m excited for these as they are similar to others on the market, but this one has more plum coloring, especially in the veining of the flowers.

Danziger

 Angelonia Alonia™ Big Cherry

Bold cherry color is astonishing in combinations in full hot sun. Standout with other pinks and purples would make any combination a winner.

Calibrachoa Colibri™ Tangerine

i Compact and mounded habit makes this an attractive component in mixed containers. This bright orange color is an eye-catcher from across the lawn.

Cuphea Cubano™ Presidente

j Looking for a hummingbird magnet? Look no further! This plant is taller and more upright compared to others in the series.

Courtesy of Danziger

Courtesy of Danziger

Petunia Cascadias™ Arizona Sky

i Glowing flowers with dark centers. This series is bred for large and cascading containers or hanging baskets.

Darwin Perennials

j Centaurea Silver Swirl

Fun foliage plant with bold and silver accents. This is a Zone 6 perennial but can be used as an annual in any zone. Distributor:

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Dummen Orange

j Begonia I’conia® Portofino Dark Orange

Bright and double flowers that really pop against the dark foliage. These plants are ideal for hanging baskets and mounded, compact pots.

 Coleus Down Town

Brand NEW series with seven bold colors for the sun or shade. Compact to medium vigor that is smaller than the Main Street™ series.

Another great series that is brand new with five colors. This series will be replacing the Mystic series.

These both match those in the series for vigor and performance. Great option for hanging baskets and something different for a cascading look down containers. The lilac will replace the light lavender.

j Dahlia Revelation

j Geranium Great Balls of Fire® Lilac and Hot Pink

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Suntory Flowers

i Bracteantha Granvia® Crimson Sun

One of my all-time favorite plants that are tolerant of windy and hot conditions. Often we struggle to find plants that can withstand the wrath of Mother Nature and this one does. This is a supersized strawflower that is a great thriller in containers and the flowers last for weeks. Try this one if you are dealing with a spot that needs a tough plant.

Mandevilla Sun Parasol® Giant Peach Sunrise

Talk about a beautiful flower! These peachy pink blooms are gorgeous and fun to have in hanging baskets on their own or mixed with lantana or portulaca.

Syngenta

j Begonia Adora™

What a wonderful dark foliage plant that contrasts perfectly with a mass of petite double flowers. Three colors are in this series to start out: Moon Dance, Satin Rose, and Velvet Red.

Biden Brazen™ Glowing Sky

This series is unique because it is a collection of plants with various habits and vigor. This particular plant is mounded and upright which is perfect for pollinators to enjoy.

i Petunia Itsy™ Pink

This series is small but mighty! This is the third addition to this series, and it is perfect for windy conditions. These plants boast numerous small flowers that are like a blanket in the landscape.

Talk about an exceptional series with a collection of fun and vibrant varieties. These varieties thrive in sun or shade and were selected for late flowering on non-bolting plants.

i Coleus Talavera™

i Petunia Flower Showers Ringo Star

The bright pink rim on this flower is exquisite. Great plant to mix in with other pinks and purples.

Petunia Discoball Purple

This plant is BRIGHT! The party is just getting started with this plant. Bright purple/ pink blooms with white specks make this mounded plant attractive to growers.

Takii

 Canna Cannova® Rose Dark Bud

Magnificent dwarf series from seed that is not disease prone. Heavy branching and blooming make this one a no brainer. Color is a little darker than the rose color that is a part of the series.

Westhoff

i Calibrachoa Calitastic Cappuccino

Excellent plant for late summer and fall plantings for color. This is a uniform flowering plant that has a star pattern with peach and lemon tones.

Petunia Crazytunia® Asterisk

Always a fan favorite of growers and customers because of the novel patterns and habit. This flower has a white rim with a dark purple pattern on most of the flowers.

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 Begonia Double Delight® Appleblossom

Great addition to this popular series with bicolor white and soft pink fragrant blossoms. This plant has great vigor with blooms that are 20-30 percent larger than others in the series.

j Bidens Campfire® Marshmallow™

Strong heat tolerance with large blossoms that are highly attractive to pollinators. These blooms are pure white and self-cleaning with little seed set.



This plant is very prolific with a well-branched mounded habit that flowers all season long. No deadheading needed. These blooms are dark red with yellow edging.

Calibrachoa Superbells® Double Redstone

Courtesy of Proven Winners

SPRING TRIALS

j Calibrachoa Superbells® Double Vintage Coral

This standout plant received high marks at the Florida trials with its antique amber-orange double veined flowers. Proven Winners has flagged this one as one of their top picks for the upcoming season.

3 GOOD REASONS TO RENEW MNLA MEMBERSHIP

1. Effective advocacy for your chosen industry

MNLA’s hundreds of member-businesses combine their unique voices to speak loudly in legislative and regulatory affairs. When ill-advised Covid-19 policy threatened your business in the spring of 2020, MNLA made sure policymakers knew you were essential. Your continued membership builds capacity for MNLA to remain deeply involved at various levels of government, representing your interests, and advocating for the green industry. Your renewal helps MNLA prepare for the next time your business is threatened by ill-advised policy.

2. Up-to-date industry news, issues, and trends

Regular electronic newsletters and the monthly magazine, The Scoop, (available in print and online) provides you with the latest industry trends to give you an edge in a competitive market.

3. Vetted industry partnerships

Multiple organizations offer members discounts. Save money training your team with Greenius; save thousands on a new Chrysler/Dodge/Jeep vehicle; save on fuel and more from Holiday/Circle K and Kwik Trip, save on legal services through Zlimen & McGuiness; save on garden center pop-up trays; and more. It all adds up!

MNLA NIGHT AT THE SAINTS

CHS Field: 360 N Broadway St, St Paul, MN 55101

Pre-game meal at 5:30pm; Game starts at 7:00pm

Take a break from your busy season to enjoy a game at beautiful CHS Field. We've reserved space for our group in the SPIRE Sun Deck. We'll gather there to enjoy a pre-game picnic dinner at 5:30pm before the game at 7:00pm. Register now, this event sells out fast!

AUGUST 16TH Visit

for more information and to buy your tickets!

SPRING TRIALS

j Coleus Colorblaze® Cherry Drop

Small, intense red leaves with lime-green edges form a beautiful trailing habit for sun or shade. Great in a pot all by itself or mixed in containers or baskets.

This plant has red, heart-shaped leaves that don’t bleach out in the sun. It has a medium vigor with a mounded habit perfect for hanging baskets or containers.

j Petunia Supertunia® Hoopla™ Vivid Orchid Picotee patterned blooms are showy on this great garden performance plant with outstanding vigor. Foliage on the plant is rounded for added interest.

Ipomoea Sweet Caroline Sweetheart Mahogany™

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 Petunia Supertunia® Mini Vista® Ultramarine

If you love royal velvet, this one is for you! This is a smaller flowered version of the bestseller. This series is known for smaller sized flowers, but just more of them. The tighter habit on this series makes it great for windy conditions and tough plant areas.

 Petunia Supertunia® Saffron Finch

Bright, yellow flowers make this one a STANDOUT! Great to mix in with reds and purples for stunning combinations. This plant has stellar garden performance and has creamy yellow flowers in southern climates.

Sakata

j Petchoa Supercal® Red Maple

Always a grower’s favorite, these season extenders are very popular among customers. This new color in the series has a rich, red color with touches of yellow that make it essential for summer and fall sales.

Sunpatiens® Compact Red Candy

Dark bronze foliage sets off this new rich color with the novelty bicolor flowers. The plants in this series are always a favorite due to their durability and garden performance.

We made it through! Keep in mind that I just scratched the surface on the new and shiny plants that are out there for the coming year. Make sure to give these varieties a second look and consider adding them to your 2024 roster.

➽ ALISHA ASLESON is the Plant Connection Sales Manager at BFG Supply Company and serves a seven-state area. She graduated from the University of Minnesota Crookston with a bachelor’s degree in Horticulture and Business Management and has her master’s degree in education from the University of Minnesota Duluth. Alisha is an MNLA Garden Center and Landscape Certified Professional and a University of Minnesota Extension Master Gardener.

Courtesy of Proven Winners

Courtesy of Proven Winners

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Felipe Illescas Government Affairs Director

AFFAIRS

Paid Family and Medical Leave –

What can I do?

We have already mentioned how busy this last legislative session was. Over 6,800 bills were introduced, the most ever seen in Minnesota.

One of those bills was HF2/SF2, the Paid Family and Medical Leave bill. This is something that labor unions had been working on for over a decade but a split majority at the legislature would always stop its progress. This new DFL trifecta, however, pushed this bill through despite opposition from MNLA, the MN Chamber of Commerce, and the business community in general.

We had MNLA members meet with Senator Mann, the Senate Chief Author, to describe the impact that this legislation would have on the green industry and everyone involved. Despite this and many other conversations, we could not exempt the industry from this mandate. However, after connecting with the House Chief Author we were able to delay implementation from 2024 to January 1st, 2026. This will provide us with more time to provide input to state agencies, legislators, and the Governor on the impacts this new law will have on small businesses and the green industry.

The new Paid Family and Medical Leave law will establish a mandated Paid Family and Medical Leave program run by the state through the Department of Employment and Economic Development (DEED). This program will be funded through a payroll tax of .7%; but the employer is allowed to deduct up to half (.35%) from the employee’s wages. The program allows an employee access to paid Family and Medical Leave for up to 20 weeks per year (up to 12 weeks at a time). An employee taking this leave will earn a percentage of their wages up to a maximum capped at the state’s average weekly pay, which is currently

$1,287.00 for 2023. It is also possible that an employee can still be eligible for an additional 12 weeks of unpaid leave under the Federal FMLA program for a total of 32 weeks per year. It is still unclear how the state program will interact with the Federal program and DEED will be providing further guidance for employers as they figure this out. This is why your input is so important.

The new program will apply to all Minnesota employers including nonprofits, state and local government agencies, faith-based organizations, and other typically tax-exempt associations. The only exceptions are:

• Independent Contractors

• Self-Employed Individuals

• Federal Government Employees

• Seasonal Employees – defined as an individual who is employed for no more than 150 days during any consecutive 52-week period in hospitality by an employer whose average receipts during any six months of the preceding calendar year were not more than 33% of its average receipts for the other six months of such year.

Both the payroll tax and employee benefits will become active on January 1st, 2026. MNLA is putting together a set of concerns with this program and a set of suggestions that I will be bringing to the Governor’s Office and state agency officials. If you have input, want to get involved in putting these together, or if you have any questions regarding this program, please send me an email at felipe@ mnla.biz or send me a text at 612-418-5382. Thank you so much for all your hard work as an MNLA member.

MNLA Foundation and MTGF Awards Turf Management Scholarship

The second annual Green Industry Bowling Tournament hosted by MTGF and MNLA Foundation took place on March 8, 2023.

The collaborated scholarship fundraiser was declared a success! With the help of many sponsors and the generosity of participants, the Green Industry Bowling Tournament awarded a co-sponsored scholarship to a promising student attending the Turf Management Program at Anoka Technical College. This year, a $2,000 scholarship was awarded to Shelby Zeuli. Congratulations!

When asked about her plans after college, she stated, “My future plans are to become an assistant superintendent at a golf course, learn all that I can from the current superintendent, and hopefully contribute my own ideas from my education I have gained at Anoka Tech. After I have learned enough to comfortably run my own golf course, I am hoping to secure a job as a female superintendent. With all my experience gained and education, I will be able to educate others in the turf field and will always be able to learn and grow with them.”

NEWS & NOTES

CONTINUED from page ( 33)

reached out to SBA for inclusion on the panel once initiated.

3) • Tree Standard • DOL/ OSHA • Proposed Rule

Stage • Tree Care Standard • 1218-AD04. The forthcoming tree care standard has appeared on the unified agenda for the

4) H-2B •

past several years. NALP participated on a SBREFA panel back in 2020 but still no rule has been published. The publication date has been pushed back to December 2023 and NALP remains pessimistic that we will see a rule at all in 2023.

DOL/ETA • Proposed Rule

Stage • Temporary Employment of H-2B Foreign Workers in the United States • 1205-AB93. This rule has also appeared on the unified agenda for the last two years and we have been told by the Department of Labor that changes

to the prevailing wage and other processing requirements are being considered. We may see something in the “proposed” rule stage as early as August of 2023.

MNLA CERTIFICATION

WHO IS ELIGIBLE?

To register for the exam you must meet the following requirements:

• Have either two years of study in an accredited postsecondary nursery and/or landscape program that includes a structured internship, OR

• A minimum of 2,000 hours in nursery or landscaperelated employment.

The signature of an educational advisor or work supervisor is required on the Eligibility Verification Form to verify completion of the prerequisite.

HOW DOES IT BENEFIT ME IN MY CAREER?

• Identifies you as a professional.

• Gives you credentials and proves your qualifications.

• Provides you instant credibility with your clients, and increases opportunities for advancement with many employers.

• Demonstrates your commitment to your profession.

• Distinguishes you from the competition.

• Qualifies you to do expert work and give expert advice.

WHAT IS THE EXAM FORMAT?

The exam is given in an electronic format with photos and videos and immediate results. It is a two-part exam: you must pass a Basic Knowledge Exam and a specialty of your choosing (Landscape, Garden Center or Grower) to become MNLA Certified.

Recertification

To maintain certification status, all individuals must compile at least 18 continuing education points every three years and pay a $15 recertification fee. NOTE: The recertification process is now online at www.MNLA.biz.

WHEN AND WHERE IS THE EXAM?

When: Oct. 6, 13, 20 and Nov. 3, 17

Where: MNLA Classroom, 1813 Lexington Ave. N, Roseville, MN 55113

Only seven seats are available for each test date. Please register early! NOTE: The exam registration process is now online at www.MNLA.biz.