The Buckeye - September/October 2023

PRUNING WORKSHOPS

Limited spots remain! Join OGIA as we focus on refining the optimal techniques for pruning trees and shrubs. Live Spanish translators will be present at select locations! ISA and OCNT credits are available.

Friday, September 22

Schedel Arboretum | Elmore, OH

Monday, October 2 Holden Arboretum | Kirtland, OH

Friday, October 6

The Dawes Arboretum | Newark, OH

Monday, October 9

Ohio Nursery Exchange | New Carlisle, OH

Tuesday, October 17

Cincinnati State & Technical College | Cincinnati, OH

Cost OGIA Member - $129

Nonmember - $169

REGISTER

ogia.org/pruningworkshop

THE BUCKEYE is the official publication of the Ohio Green Industry Association and is published six times a year.

EDITORIAL / ADVERTISING

ISSN 1536-7940

Subscriptions: $75/year sara@ogia.org

OFFICERS

Genevieve Reiner-Mills President Oakland Nursery, Inc.

Molly John Immediate Past President M.J. Design Associates, Inc.

David Hupman President-Elect

T. R. Gear Landscaping, LLC

DIRECTORS

Michael Hall Harrell’s LLC

Peter Lowe The Dawes Arboretum

Ron Schultz Premier Plant Solutions

Devon Stanley Benchmark Landscaping

Abby Thompson Acorn Farms

Matt Turner Turner Landscaping LLC

Lori Zatroch Cuyahoga Community College

STAFF

Tracy Schiefferle Executive Director

Roni Petersen Membership & Certification

Sara Cantees Communications

Jim Scott Professional Development

Natalie Mitchell Finance

THE FINE PRINT

The statements and opinions expressed herein are those of individual authors and do not necessarily represent the views of the association, directors or staff and do not constitute an endorsement of the products or featured services. Likewise, the appearance of advertisers, or their identification as members of the OGIA does not constitute an endorsement of the products or featured services.

PRESIDENT’S PERSPECTIVE

HELLO, EVERYONE! It’s been a hot finish to the summer, so I hope you and your teams have found ways to keep cool, calm, and collected as we move into fall planting season. Informal polls suggest that it’s been a busy and successful year across our industry, and there’s work and business to keep us engaged throughout the fall.

In this issue of The Buckeye, we’re exploring the challenges and benefits of “Bridging the Culture Gap.”

GENEVIEVE REINER MILLS Oakland Nursery, Inc. 2023 OGIA President geneviever@oaklandnursery.com

In our industry, we’ve seen an increase in diversity of all types, so when we discuss “culture” this can include race, gender, age, and ethnicity, and nationality. Bridging the gap means finding ways to communicate, educate, support, motivate, and grow our employees, knowing that everyone has unique and very specific ways of approaching the world and work.

I spend a lot of time thinking and reading about cultural differences based on age and gender. (For what it is worth, I’m a white, female-identifying, Gen-Xer.) As a Gen X manager (born in the late 70’s) and working in between Millennial and Gen Z employees and Baby Boomer company ownership, I experience daily the differences in communication, learning, and value systems that each group has. I also hear the same stereotypes that everyone leans on: “Millennials don’t want to work!” “Boomers are out of touch and don’t want to change!” “Everyone wants a participation trophy!” As it pertains to my age group: Gen X’ers were stereotyped as slackers when we first entered the workforce, but many of us had grown up watching our parents working long hours and placing family life solidly second. In response to that, as working adults, the X’ers became the generation that first put forth the idea of “work-life balance.” We wanted to work hard AND find time to be there for our kids and families. Many Gen X’ers were also the first generation of latchkey kids who “raised themselves,” but culturally responded to that free-range, unparented experience by growing up to become the “helicopter parents” we have been hearing about for the last decade.

Each of the current living generations experienced significant social, economic, political, and cultural (hello, technology!) events that defined their childhoods and young adult years, and those events, generally speaking, shaped the overall personalities of those generational cohorts. But here’s the thing: no one generation is better than the other; each of these groups are products of the time, societies, and experiences we had growing up, and each group brings unique talents to the business table.

I fully own my Gen X stereotype that I don’t like to do things “just because that’s the way it has always been done.” By pushing back on the status quo, I’ve been able to generate exciting opportunities and changes to my company. The Millennials and Gen Z folks on my teams demonstrate a level of empathy and support for each other (and our environment) that is inspiring. They also are far more in touch with their own personal well-being: they know when to take a break, listen to their bodies, and make sure they’re in a place mentally and physically to be

their best at work. They also want jobs and careers that offer chances to make a difference: this is, after all, the generation that grew up fully immersed in conversations about climate change, alternative energy sources, the globalization of commerce via Amazon, and of course, COVID-19.

I have found that taking the time to appreciate where the various members of my team come from helps me figure out the best ways to communicate with and motivate them. This approach isn’t limited to age—curiosity and learning about different genders, races, and ethnicities improves our abilities as managers, but also just makes us better informed humans. For employers, managers, and owners, if we invest some time understanding, learning about, or empathizing with the culture in which an employee or manager grew up, we gain insight into how they think, feel, and respond to external stimuli, and can tailor our approach to meet up with and align with theirs.

The old adage of “walk a mile in a [person’s] shoes” really does hold true. To really get the best out of our people and to help them find their way to a rewarding career in our industry means seeing them as individuals with a range of experiences that have shaped their world view and perspective of work.

And speaking of understanding different perspectives, your OGIA has been hard at work crafting a great line up of speakers for this year’s midwestGREEN state conference (Nov. 6th & 7th in Columbus, OH.) If you’re curious about bridging the culture gap, there will be classes on Immersive Spanish, Bridging Gaps in Communication Styles, Building Successful Field Leadership, Student Perspectives on Internships & Unemployment, and Mental Health Awareness.

We’d also encourage you to join us at the Ohio High School Landscape Olympics on Oct. 11-12 in Wooster, OH. You can sponsor a meal, prizes, swag, set up a booth and showcase your company, or just come out and see what the newest generation of future green industry employees is learning. It’s tons of fun and really rewarding to see these young people showcasing their knowledge.

Our industry is built on relationships and teams, and the OGIA is dedicated to strengthening those bonds and helping each of us create strong, long-lasting businesses. Come join us at an OGIA event this fall and see what opportunities are out there for your company.

See you soon!

� https://www.generations.com/insights/im-not-an-xer-xers

� The 1992 groundbreaking book on this topic, Generations by Neil Howe and William Strauss, was one of the first to really explore the concept of generational cohorts.

� For a great read on how/why we have these different generational mindsets, check out the 2023 book Generations: The Real Differences Between Gen Z, Millennials, Gen X, Boomers, and Silents―and What They Mean for America’s Future by Jean Twenge, Ph.D.

NATURALLY FITTING

Nearly a quarter of the 325 varieties of Proven Winners® ColorChoice® Shrubs are North American native species, so your customers will find a diversity of bloom times, habits, and sizes to fit every garden and landscape project.

EXECUTIVE DIRECTOR’S MESSAGE

THIS ISSUE’S THEME OF ‘BRIDGING THE CULTURAL GAP’ had me thinking about the difference between cultural awareness and inclusion versus being culturally intelligent.

TRACY SCHIEFFERLE OGIA Executive Director tracy@ogia.org

Many in this industry represent different cultures. Many of our members do a fantastic job integrating a diverse workforce into the workplace – language classes, education, and training, etc. However, I wonder how many of us are “culturally intelligent.”

“Culturally intelligent” refers to the ability to effectively and appropriately interact, communicate, and work with individuals from diverse cultural backgrounds. It involves understanding, respecting, and adapting to different cultural norms, values, beliefs, and practices.

Cultural intelligence goes beyond just recognizing and acknowledging cultural differences; it also involves the capacity to navigate these differences in a way that promotes positive and productive interactions. It encompasses various aspects, including:

1. Cultural Awareness: Being conscious of one’s own cultural background and recognizing that others may have different cultural perspectives. This awareness helps to prevent misunderstandings and misinterpretations.

2. Cultural Knowledge: Acquiring information about different cultures, including their history, customs, traditions, communication styles, and societal norms. This knowledge helps in understanding the context in which individuals from various cultures operate.

3. Cultural Sensitivity: Demonstrating respect and empathy towards individuals from diverse backgrounds. This involves avoiding stereotypes, biases, and ethnocentrism.

4. Cultural Adaptability: Being flexible and open to adjusting one’s behavior, communication style, and approach to accommodate cultural differences. This helps build rapport and trust across cultures.

5. Cultural Communication: Effectively communicating with people from different cultures by considering their communication preferences, nonverbal cues, and norms of expression.

6. Cultural Competence: Possessing the skills to work in cross-cultural environments, solve problems, and collaborate with individuals from different cultural backgrounds. This includes the ability to manage conflicts that may arise due to cultural differences.

Culturally intelligent individuals are better equipped to function in today’s globalized world, where interactions with people from diverse cultures are increasingly

common. They are more likely to build meaningful relationships, foster collaboration, and navigate complex multicultural situations successfully.

Developing cultural intelligence often involves selfawareness, learning about different cultures, practicing active listening, and seeking opportunities to interact with people from diverse backgrounds. It’s a continuous process that requires an open mind, a willingness to learn, and an appreciation for the richness that cultural diversity brings to our interactions and experiences.

At our upcoming midwestGREEN Conference in November, there are numerous terrific sessions being offered. However, one touches upon this issue. On Tuesday, Julie Kramer will present a session titled “Immersive Spanish”. The concept is to flip the scenario and create an atmosphere designed for those who speak little or no Spanish. It is intended to create empathy for others in environments where their native language is not spoken. She will simulate applying for a job and human resources interactions in a foreign language. Challenge yourself to go outside of your comfort zone and see how this session may have you thinking about your cultural intelligence.

At OGIA, we are making efforts to increase our cultural scope. Our upcoming Pruning Clinics will offer training in Spanish at some locations. We are rewriting our certification program and plan to offer in Spanish as well in written and video format to appeal to different types of learners. We are increasing placement efforts with the corrections community for those who have completed the OCNT program. We have other engagement plans in the works too for 2024.

Developing cultural intelligence is indeed crucial in today’s diverse and globalized world, as it enhances collaboration, communication, and understanding among individuals from different cultural backgrounds. This not only benefits your organization’s employees but also extends to customers and the broader community.

Remember, cultural intelligence is an ongoing journey that requires continuous effort and adaptation. As you continue to develop and expand your cultural intelligence initiatives, you’ll contribute not only to the success of your organization but also to the broader goal of creating a more interconnected atmosphere.

Looking forward to seeing you at our upcoming events.

BY ALANA SETTLE

BOWLING NURSERY

A Legacy of Green Excellence Across Generations

FOR SEVERAL DECADES, Bowling

Nursery has been a cornerstone in the world of landscaping, catering to both residential and commercial customers in Louisville, Kentucky, and Southern Indiana. Now, their legacy extends its branches to Ohio, offering their expertise to landscapers in the Buckeye State. Established by Joseph W. Bowling in 1965 and initially as a wholesale groundcover grower, the nursery has undergone a remarkable transformation over the years, with its landscape division becoming the primary focus. The torch of leadership was passed down to Joseph’s son, Kevin Bowling, who joined the nursery fulltime right after high school, eventually assuming control of the company three decades ago.

Today, Bowling Nursery stands as a testament to the dedication of Kevin and his wife, Camille, who work hand in hand to steer this green ship. With a staff of 31 dedicated individuals, including 23 seasonal workers employed through the H-2A program for ten months annually, the nursery thrives in an ever-evolving industry.

In 2017, Bowling Nursery launched a wholesale tree farm, specializing in hardto-find varieties and larger sizes they were finding difficult to source for their landscape division. “We noticed a lot of nurseries were just growing the ‘meat and potatoes,’” said Kevin. “We’re growing 15 varieties of redbuds, ten varieties of dogwood. We feel we can cater more to landscapers because we know the business and what they are looking for.”

The farm has a staggering 40,000 trees, including 20,000 evergreens. Around 10,000 trees are available annually, with more than 1,000 trees that are 3”-4” caliper. This extensive inventory provides landscapers with an unrivaled selection, whether they seek a striking centerpiece for a residential garden or robust evergreens to enhance commercial properties. The nursery owns a semi-truck to deliver its own products and prides itself on being able to spend extra time trimming and caring for their trees.

In the world of tree farming, patience is not just a virtue; it’s a prerequisite. Kevin says you have to be “a little crazy” to be in the industry since tree growers don’t see a profit on what they grow for 3–5 years after planting. Yet, he feels confident that the green industry is “strong and will stay strong.” He points to the sustained demand for landscaping services, spurred by the home improvement surge during the pandemic, as evidence of the industry’s resilience.

Of course, running both a nursery and landscape division comes with challenges. Kevin stresses the importance of staying organized during hectic spring and fall seasons and the amount of care and watering their young trees need during the hot and dry summer months.

“Weather is always a challenge. You want rain for your farm, but it throws the landscapers’ schedule off,” said Kevin.

As for advice he’d offer to anyone new in the industry:

“Always be honest with your customers. Admit it when you make mistakes, which we all do. Do your homework on things like ODOT regulations and safety. You can reach out to larger companies and ask for advice. They may have jobs they can’t handle and will offer them to you. Be prepared to work long hours, seven days a week.”

Bowling Nursery is not just a business; it’s a legacy spanning generations, a testament to a deep-rooted passion for the green industry, and an unwavering commitment to serving the landscaping needs of the community. With their wholesale tree farm, dedication to quality, and unwavering customer focus, Bowling Nursery continues to be a green beacon in the industry. Whether you’re a landscaper in Kentucky, Indiana, or Ohio, Bowling Nursery is a name you can trust.

To learn more about Bowling Nursery, visit bowlingnursery.com or email bowlingnursery@gmail.com.

We feel we can cater more to landscapers because we know the business and what they are looking for.

We offer:

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Since 1997, we’ve worked with outdoor lighting contractors, electricians, landscape design/build contractors, and other professionals to make the world a brighter place.

We’ll partner with you to provide expert advice on the best lighting solution to fit your project and budget. Our team also offers design and technical support at no additional cost. And to ensure the job gets done on time, our warehouse stocks a huge inventory of products ready for same-day shipment.

ADVOCACY UPDATE

HOW OHIO’S CONSTITUTION CAN BE AMENDED

TONY SEEGERS

1803 Consulting, LLC

tony@1803consulting.com

Tony is the governmental affairs liaison for OhioPLANT, of which OGIA is a member. OhioPLANT is a coalition of pesticide, landscape, agriculture, nursery and turf professionals. For more information, visit OhioPLANT.com

WITH THE RECENT

DEFEAT

OF ISSUE 1, the proposed amendment to Ohio’s Constitution reforming the standards to qualify for and pass constitutional amendments, I thought it might be a good time to explain the two ways the Ohio Constitution can be amended: the citizen initiated ballot process and the General Assembly resolution process.

The Citizen Initiative Constitutional Amendment Process

The Ohio Constitution allows citizens to submit to the voters proposals to amend the state constitution through the initiative process. The process starts with an initial written petition, signed by 1,000 Ohio qualified electors, that is submitted to the Attorney General with the full text and summary of the proposed constitutional amendment.

The Attorney General will certify whether the summary is believed to be a fair and truthful statement of the proposed amendment. If so, the Attorney General will then forward the petition to the Ohio Ballot Board, which has 10 days to evaluate the petition to ensure it contains only one constitutional amendment. Next, a verified copy of the proposed constitutional amendment, with its summary and the Attorney General’s certification, must be filed with the Secretary of State by the Attorney General. After these steps the petitioners can begin to collect signatures to place the matter on the ballot.

Signature Requirements

The signatures must meet two requirements:

1. The number of the signatures must equal at least ten percent of the total vote cast for the office of governor in the last gubernatorial election.

2. The signatures must have been obtained from at least 44 of the 88 counties. From each of the 44 counties the signature amount must be equal to at least five percent of the total vote cast for the office of governor in that county in the last gubernatorial election. This number will vary by county.

After the signatures are collected, the petition must be filed with the Secretary of State’s office no later than 125 days before the general election at which the proposed constitutional amendment is to be on the ballot. For a November ballot, proponents have until July 1 to submit the required number of signatures with the Secretary of State.

The Secretary of State must determine if the number of signatures is sufficient no later than 105 days before the election, which is July 21 for a November election. If any petitions or signatures are determined to be insufficient, the petitioners have an extra ten days to collect and file additional signatures. The Secretary of State then will determine the validity of additional signatures no later than 65 days before the election.

Effective Date

The effective date of a citizen initiated amendment is 30 days after it is approved by the voters.

The General Assembly Proposed Constitutional Amendment Process

Either chamber may propose a constitutional amendment to the Constitution, which is done by a joint resolution. A three-fifths vote of each chamber (59 for the House and 20 for the Senate) is required for the resolution to pass. Once the resolution is passed by the General Assembly, it is then filed with the Secretary of State at least 90 days before the date of the election in which it is to be submitted to the voters.

The Secretary of State then sends the joint resolution to the Ohio Ballot Board. The Ohio Ballot Board must prescribe the ballot language and explanation for the proposed constitutional amendment and certify it to the Secretary of State no later than 75 days before the election.

Ballot Arguments

The General Assembly may appoint members who voted for the joint resolution to prepare arguments in favor of the proposed constitutional amendment. It may do the same for those legislators who voted against the joint resolution to prepare arguments opposing the ballot proposal.

If the General Assembly fails to prepare or file the arguments then the Secretary of State must inform the Ballot Board, which in turn will prepare the arguments or task a group to prepare them. The arguments must be filed with the Secretary of State no later than 75 days before the election.

The proposed amendment, ballot language, and arguments must be published once a week for three consecutive weeks before the election in a newspaper of general circulation in each county.

Challenges

The Ohio Supreme Court has original, exclusive jurisdiction in cases challenging the proposed amendment. Cases challenging the ballot language, explanation, or actions or procedures of the General Assembly in passing the resolution and submitting it for consideration must be filed no later than 64 days before the election.

Further, the Court may not invalidate the ballot language unless it misleads, deceives, or defrauds the voters.

Effective date

The amendment takes effect when adopted by the voters.

There is also a procedure where citizens can petition to amend Ohio’s Revised Code through a citizen-initiated statute, but that is an article for another day.

NURTURING INCLUSIVITY

Cultivating Your Comapny’s Path to Success

BY ALANA SETTLE

STUDIES HAVE SHOWN that companies with diverse leadership grow faster, are more innovative, and are more resilient to market changes.

A diverse and inclusive workforce incorporates an array of minds and perspectives. While diversity efforts include recruiting workers who represent a variety of races and ethnicities, ages, and genders, it can also comprise a range of educational backgrounds, upbringings, socioeconomic status, religion, neurodiversity, and life experiences.

NALP, the National Association for Landscape Professionals, published a Workforce Demographic Study in 2021. The study included data on 272 landscape companies representing 47 states and over 40,000 employees.

A few highlights: Employees of Hispanic, Latino, or Spanish origin make up 61% of the landscape workforce survey by NALP (the national civilian labor force is 18% HLS), yet only 7% of companies surveyed were minority owned. White employees make up the largest percentage of production management (77%), office staff (78%), and owners/executives (93%). The landscape industry’s labor force is only 8% women (the national civilian labor force is 47% women).

Large organizations have the resources to create DEI committees and task forces focused on diversity, equity, and inclusion. While small companies would be wise to seek outside help in the form of business strategy or HR consultants if they want to get serious about creating a diverse and inclusive workplace, there are small steps businesses can take to start reaping the benefits of a multi-faceted team.

HIRING A DIVERSE TEAM

Hiring people who look and think like you creates an echo chamber of your own thoughts and ideas and can stifle creativity, innovation, and dynamic problem solving.

Studies have shown that managers, through subconscious bias, tend to select candidates who are like them, even if what they have in common with the candidate doesn’t necessarily relate to the company’s values.

Thankfully, many resources are available to help leaders develop a diversity-focused recruitment strategy.

If you believe you’re already choosing from a diverse pool of applicants, a straightforward tactic to bypass any implicit bias is to use “blind recruitment,” meaning all identifying information on a resume is hidden, so employers evaluate resumes solely on skills and experiences.

Jeffrey Scott, a well-known green industry consultant, wrote in Landscape Management magazine that a structured interview—with set questions focusing on the values and experience needed—is better than relying on “gut instinct.” Many companies include additional team members (not necessarily direct supervisors) during interviews to cross-check perceptions.

Some companies may first need to evaluate how to expand their hiring pool.

Along with its demographic study, NALP provides “toolkits” to help businesses build and retain a diverse workforce. The association suggests:

A “less is more” job description. Focus on top priorities and company values. A longer list of required skills can deter individuals from applying if they don’t feel confident in every skill.

Review your marketing materials. Applicants will do their research before accepting the job. How you portray your company on social media or the language you use to describe your workplace on your “About Us” or “Employment” webpages can showcase that you are an open and inclusive workplace that values its employees.

Partner with local organizations. Reach a broader audience by seeking out networking groups and professional associations serving minority groups.

Review your job roles. Misperceptions of the green industry can prevent certain individuals from applying, especially those in younger or older generations. Many companies utilize high school students for seasonal work and offer internships to college students. Part-time roles can also be attractive to seniors (AARP reports that 57% of retirees will continue working part-time to stay active and supplement their savings). A team composed of multiple generations has a familial structure, providing valuable mentorship and connection.

RETAINING A DIVERSE TEAM

How much do you expect your new employees to assimilate with your company culture? Or do you meet people where they are, finding ways to make your company a good fit for them? Individuals will have varying professional and personal needs that may require adjustments to old policies and systems.

A few ideas from NALP’s toolkit:

Mentorship. Establish clearly defined training programs and paths for growth. Promote from within so you have a leadership team that relates to the production staff. Mentorship programs that support minority employees can help address barriers to their advancement and have been proven to increase minority representation in management roles.

Flexible work options for parents of young children. The responsibility of school transportation, arranging childcare on sick days, scheduling doctor’s appointments, etc., can be a barrier to finding employment (often for women, who are still more likely to serve as their household’s “primary caregiver”). Part-time hours, split shifts, second shifts, and other scheduling flexibility will help all parents feel supported and welcome.

Inclusive work environment. Appropriately sized, gender-specific, or gender-neutral uniforms and equipment and bathroom access for all employees should be readily available.

Provide comfortable and safe options for employees to provide feedback, especially regarding discrimination or harassment.

Prioritize communication. Offer English classes for foreign workers. Offer Spanish classes for your English-speaking employees. Hire an interpreter if necessary for important meetings. Make sure all signage and essential documents are written in English and Spanish.

CELEBRATING A DIVERSE TEAM.

Building a diverse workforce from the ground up takes time, and green industry businesses need boots on the ground quickly—to the point where many “take what they can get” with new hires.

Team-building activities help companies discover the diversity of their teams. Personality assessments can provide insight into people’s innate strengths and weaknesses, help bridge communication gaps, and promote camaraderie. Many companies and consultants offer these services (Myers-Briggs and DiSC tests are two popular options).

Show an interest in where your foreign workers are from. For example, a map with pins for employees to place on their hometowns can be an easy way to showcase the diversity of your team. Ask if there are multi-cultural holidays that you can respectfully celebrate.

Find ways to allow employees to express their individuality and interests outside of work. Companies have had success with events like potlucks, chili cookoffs, and outings away from the office.

Creating an open and inclusive company culture can help uncover different perspectives you can use to your advantage as you build a more diverse team.

HUMAN RESOURCES FEATURE

BOB BETHEL VP of HR & Learning Services

The Employers Association is an OGIA service provider offering FREE HR assistance and more. Check it out and learn more about this benefit of your OGIA membership at ogia.org/ serviceproviders.

DHS releases new Form I-9 and video verification procedure: guidance and checklists for busy employers — EXPERT GUIDANCE (Aug. 14, 2023)

ON AUGUST 1, 2023, the Department of Homeland Security (“DHS”) released a new Form I-9. The previous one was issued in 2019 and expires on October 31, 2023. In addition, DHS recently announced enhanced remote verification flexibility using video for E-Verify employers, both for clean-up of I-9s created during the pandemic and going forward.

While the Government is well intended, the new I-9 and the remote verification process are still fraught with confusion and challenges for employers across the U.S. Below is some clarity for busy employers to help them remain in compliance.

Quick Road Map Going Forward

• New Form I-9: The new I-9 must be used no later than November 1, 2023.

• Pandemic Clean-Up: I-9s for remote employees created during the pandemic must be remediated by August 30. Employers on E-Verify may use the new video procedure.

• Paper I-9s: These still require a wet signature from the employee and employer, and retention of the original paper I-9.

• Digital I-9s: These are acceptable as long as the software complies with ICE protocols regarding the creation of a digital audit trail.

• New Remote Hires: Going forward, when hiring remote employees, E-Verify employers may use the new video procedure. Employers that are not on E-Verify must use a remote authorized signatory to complete Section 2 of the I-9.

Key Changes With the New I-9

• Starting Nov. 1, 2023, employers must use the new Form I-9

• Employers may use the October 2019 I-9 edition through Oct. 31, 2023

• E-Verify employers can check off a box in Section 2 or on the Reverification Supplement B to indicate they used a video session for remote verification of I-9 identity and work authorization documents

• Sections 1 and 2 are now on one page

• Dedicated Supplement A for the Preparer/Translator Certification

• Dedicated Supplement B for Reverification and Rehires

• Replaces the term “alien” with non-citizen

• Additional Acceptable Documents List has been updated and includes guidance for automatic extensions

The August Clean-up and Beyond

• Remote Hires during the Pandemic: For remote hires made during the pandemic (March 20, 2020 to July 31, 2023)

where you used the remote pandemic flexibility and did not physically inspect the original identity and work authorization documents, you have until August 30 to look at those.

• Video Clean-Up Flexibility for E-Verify Employers: If you had E-Verify in place when the employee was hired remotely during the pandemic, you may do a video review of those documents starting August 1. In the additional information box in Section 2 of the employee’s I-9 created at the time of hire, you will want to indicate “Alternative procedure to verify documents completed via video call on x date.” Even if you did a video review during the pandemic, you should do another one as DHS has not indicated otherwise.

• Remote Authorized Representative: If E-Verify was not in place, then you need to have a remote authorized individual (notary, neighbor, co-worker, etc.) look at those original identity and work authorization documents and notate in the Additional Information Box of Page 2 of the I-9 that was created at the time of hire. The notation should indicate “Identity and Work Authorization Documents examined in person.”

• New Hires Working in the Office Starting August 1: After an offer is made, employers are of course always able to do an in-person review of identity and work authorization documents on or before the first day of hire.

• Remote Employees Hired as of August 1: E-Verify employers will be able to use the new video procedure and complete Section 2 of the new I-9. The new I-9 has a box to indicate that the alternative procedure was followed. Employers not enrolled in E-Verify will need to authorize a remote representative to review the documents and sign the I-9.

Wet Signatures Are Still Required Unless Using Digital Software

Unless you are using a digital I-9 software that is ICE compliant, then you must obtain a wet signature for all employee and employer sections of the I-9. Enrolling in E-Verify will not waive the wet signature requirement.

E-Verify Guidance

• Employers can easily enroll in E-Verify. To do so, employers must sign a mandatory Memorandum of Understanding and complete an anti-discrimination training.

• Employers enrolling in E-Verify may elect which entities to enroll in E-Verify.

• Each entity that has a distinct Federal EIN is a separate entity for E-Verify purposes.

• You may elect to enroll some worksites and not others within an entity.

• E-Verify is only for new hires unless they are working under a covered federal contract.

• E-Verify employers were previously required to only copy and retain List A Documents.

• E-Verify employers using the new alternative video procedure must copy and retain all identity and work authorization documents (List A, B, and C).

• To avoid confusion, it is recommended that E-Verify employers begin to copy and retain all I-9 documents (List A, B, and C) regardless of whether the procedure is remote or in person.

Checklist for E-Verify Employers Seeking Remote Verification of New Hires

Starting August 1, 2023, employers enrolled in E-Verify will be allowed to follow a new flexible procedure for remote verification of I-9 identity and work authorization documents for new hires.

Step 1: The employer sends the new hire access to the digital I-9 from their system. If the employer is still using paper I-9s, then e-mails a blank I-9 to the remote employee to complete Section 1.

Step 2: The employee or new hire copies or photographs their I-9 identity and work authorization documents (front and back) and e-mails them to the employer (or via another form of transmission).

Step 3: The employee or new hire reviews and signs Section 1 of the I-9. If the I-9 is on paper, then it requires a wet signature, and the employee will need to overnight courier it back to the employer. Or, the employer can overnight courier the I-9 to the employee and include a self-addressed overnight courier envelope. (Employers are highly encouraged to use ICE compliant digital I-9 software in lieu of paper I-9s).

Step 4: The employer conducts a live video interaction with the employee or new hire to ensure that the documentation reasonably relates to them. During the video session, the employee or new hire must present the same documents previously submitted to the employer. The employer examines the copies of the documents to ensure the documents reasonably appear to be genuine.

Step 5: The employer marks the alternative procedure box of Section 2 of the new I-9 form

for new employees hired on or after August 1, 2023.

Step 6: Employer completes Section 2 of the I-9 and retains the supporting documents (paper or digital) and attaches them to the I-9. (In the past, only List A documents were copied. With the new remote flexibility, the E-Verify employer must now copy and retain all List A, or List B and C documents).

Special Issues

• Regarding identity and work authorization documents that may have since expired, as long as the document was valid at the time of hire, it is okay if it’s expired now. You are merely attempting to verify that the document is real and matches what you saw at the time of hire.

• If the employee has lost one of the documents since the time of hire, then you would want to use Section 3 and try to reverify them using new documents. And in the additional information box in Section 2, you could explain what is going on.

• In the event an employee cannot produce the same or new work authorization documents, you will want to give them ample time to comply. If they lost the document and do not have an alternative one, then they can apply for a new one and use the receipt for 90 days.

• Regardless, do not terminate anyone without first discussing it with counsel.

Avoiding Liability for Discrimination With I-9s and E-Verify

Employers should be mindful of the following key issues:

• E-Verify is only to be used on new hires. The only exception is employees working on a covered federal contract that requires mandatory E-Verify.

• An I-9 should never be completed until an offer is made and E-Verify should never be used until the I-9 is completed.

• Employers cannot verify the information in Section 1 by requesting documentation (e.g., you cannot request the Social Security card to confirm the Social Security number).

• A remote employee may elect to come into the employer’s office for in-person

examination of their I-9 documents.

• All employers that enroll in E-Verify and are using a digital I-9 software program that interfaces with E-Verify are required to have all users participate in mandatory anti-discrimination training.

DOJ Enforcement Actions - Immigrant & Employee Rights (IER) Unit

While employers should always strive to have perfect I-9s, if they have any doubts as to whether someone is work authorized (either a new hire or someone on an automatic extension) they should consult with counsel. DOJ will hold employers strictly liable for any inadvertent denial of employment due to a misunderstanding of whether an employee is work authorized. Along with that comes a burdensome Civil Investigation Demand, mandatory training, fines, and public shaming.

Focus on Prevention - Consult With Counsel

When you encounter any unusual I-9 issues, consult with Sheppard Mullin’s robust employment and immigration team to avoid creating liability, both as to onboarding as well as terminations.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Leveraging Diversity Through Effective Leadership

BY JARED WOODEND, OWNER AND CONSULTANT AT REDWOOD OPERATIONAL SOLUTIONS

LEADERSHIP, IN ITS SIMPLEST FORM, is the accomplishment of a goal through the direction of others. It is a simple concept, yet effectively putting it into practice is one of the most challenging elements of achieving success in landscaping or any other industry. We expect leaders within our companies to achieve goals by bringing together a diverse group of individuals with different: skill levels, backgrounds, cultural norms, languages, motivators, and goals of their own. Are we setting our leaders up to succeed in that endeavor?

We must first be sure we have the right individuals in leadership roles of the company. Often is the case in the landscaping industry that field leaders have moved into that position due to being a great technician; they excel at doing the actual tasks firsthand, so the next logical step is to oversee others doing the work, right? But did they have a desire to move into that role to transcend their knowledge and help others grow and develop their skills, or was it the only option the company had to be able to increase their pay and not risk losing a high performing individual contributor? Not all high performers aspire to positions of management, and there is nothing wrong with that, but moving someone into a leadership role for the wrong reasons could end up being a costly error.

When we have leaders in place for the right reasons, they need to be equipped with the proper “tools” in their leadership toolbox. We don’t send a mowing crew or hardscape installation team out to a job site without the tools and equipment needed to get the job done correctly and efficiently, so why would it be okay to expect a leader to be effective in their role without providing the tools and training needed to do so? In my upcoming MidwestGREEN presentation, “Building Successful Field Leadership,” I review six tools all leaders should utilize; one of the most important and relevant tools is the ability to connect with others.

Connection, in the context of hands-on installers moving into first-time field leadership roles, typically refers to how a new leader can gain buy-in from their direct reports that may have previously been their peers. This is done

by explaining the new leadership role from their perspective, communicating overall goals, and identifying expectations of each team member in order to reach those goals. Connection is also necessary at a more basic human level to promote inclusion among all team members regardless of differences we may have. Leaders must approach those around them with curiosity, empathy, and humility to identify common ground, celebrate differences, and foster connections that will strengthen any team.

Attempting to motivate others through a “onesize-fits-all” leadership style will fall flat and could even be counterproductive and end up de-motivating your team members. You cannot treat others the way you want to be treated; you must treat others the way THEY want to be treated. It would be impossible, and naïve of me, to describe all the specific connections I think you should make with your team because we are all different. But that’s the point. Take the time to find out what makes people tick, what motivates them to come to work every day, what they enjoy in their free time, elements of their life before you knew them, what skills they want to learn, what relationships are most important to them. When you connect with people on those levels and more, you not only create an engaging employee experience, but you are also able to craft an optimally performing team by leveraging strengths you would not have known existed otherwise.

Creating connections amongst team members does not, by itself, result in them performing at an optimal level as a team or guarantee the success of the leader in guiding them towards their goals. It does improve camaraderie, increase buy-in, and create a foundation from which to build. With a solid foundation rooted in connection, our leaders can leverage other leadership “tools” in their toolbox and implement a framework for success that creates a structure to harness the synergy of all the unique individuals coming together to work towards a common goal.

The landscaping industry is teeming with diversity, and consciously working to continue increasing it. This can prove to be the greatest

strength of any team, company, or industry, but it can also be a source of conflict, lack of results, disengaged employees, and ultimately a failure of leadership when not acknowledged and utilized properly. The goal is not to create a diverse workforce in order to check a box; it is to embrace diversity to create an inclusive environment where everyone is contributing at their highest and best value because they are able to contribute based on their unique skills, abilities, and experience to produce the best work possible. The ability to cultivate that environment is what will continue to set good leaders apart from bad, and ultimately determine the success of companies in our industry.

If these ideas resonate with you, please join me in Columbus at midwestGREEN on November 6 at 3pm for my presentation, “Building Successful Field Leadership,” where I discuss Connection along with five other tools leaders should have in their toolbox, my four-step framework for success to achieve alignment and make progress towards accomplishing goals, and how field leaders can impact the three elements of the “project triangle.” My Spanish is not nearly good enough to present fluently, so I will be speaking in English, however, I recognize the importance of providing an inclusive learning environment so the presentation slides will be in both English and Spanish. I would love the opportunity to meet any attendees after the presentation to have a conversation on elements of this article or content of the presentation. For more thoughts on how to improve leadership or other operational components within your business, please reach out to me at jared@redwoodoperationalsolutions.com.

Hear more from Jared at midwesGREEN 2023!

Building Successful Field Leadership November 6 | 3:00 - 4:00 PM Room D182-183

See more of the midwestGREEN schedule at midwestgreen.org

ARE YOU READY TO DELVE INTO THE EXCITING WORLD of green industries? Mark your calendars for November 6 and 7, as the midwestGREEN Conference takes center stage at the Greater Columbus Convention Center. This event is set to bring together professionals from the green industry for a transformative experience filled with leadership development, networking, top-notch programming, and a showcase of innovative products and solutions.

In a world where professional growth is paramount, midwestGREEN stands out as a beacon for industry enthusiasts looking to exchange ideas and advance their careers. With a fresh and innovative approach to conference programming, this event promises an unforgettable opportunity to connect, learn, and shape the future of the green industry.

Unparalleled Learning Opportunities

At midwestGREEN 2023, you can expect an impressive lineup of sessions, workshops, and discussions led by esteemed industry experts and thought leaders. These engaging sessions will cover a wide range of topics, including sustainable landscaping, cutting-edge plant management solutions, effective business development strategies, and the latest trends in sales, marketing, and communication. Whether you're a seasoned professional or just starting in the industry, there's something for everyone to explore and learn.

A Message from the Executive Director

Tracy Schiefferle, Executive Director of OGIA, expressed her excitement for the upcoming event: "We are looking forward to having our attendees join us this year. In an era where professional development is a necessity, midwestGREEN serves as a vital space for minds to come together to share ideas and further their careers. This conference will serve as a network where green industry professionals can unite, learn from one another, and collectively shape the future of our industry."

Get Involved

Are you interested in showcasing your products or becoming a sponsor? Exhibit space and sponsorship opportunities are still available. Don't miss the chance to get your brand in front of a diverse and engaged audience of industry professionals.

For a comprehensive overview of the conference, including registration details and the full event schedule, please visit midwestgreen.org. It's time to join us at midwestGREEN 2023, where innovation, growth, and collaboration come together to shape the future of the green industry. We can't wait to see you there!

COMMUNICATIONS CORNER

Reaching Different Generations: Effective Marketing & Communication

IN TODAY’S MARKETPLACE, businesses must adapt their marketing and communication strategies to effectively reach and engage consumers across various generational cohorts. Each generation has distinct values, preferences, and communication styles, making it essential to understand and cater to these differences.

Baby Boomers (Born 1946-1964)

Generation Z (Born 1997)

Generation Z is the most digitally native and diverse generation, with a preference for short, visual content. To reach Gen Z:

• Prioritize mobile and video: Optimize your website and content for mobile devices. Invest in short-form videos and visual storytelling to capture their attention.

SARA CANTEES OGIA Communications Manager sara@ogia.org

Baby Boomers represent a significant portion of the consumer market and tend to value traditional advertising channels, such as TV and print media. To effectively reach this generation:

• Emphasize trust and reliability: Baby Boomers appreciate well-established brands with a strong reputation. Use testimonials, endorsements, and trust-building messaging to reassure them about your products or services.

• Focus on nostalgia: Leverage their sense of nostalgia by incorporating elements from their youth into your campaigns. Use retro imagery, music, and references to evoke emotions.

• Simplify technology: Keep online interfaces user-friendly and intuitive. Baby Boomers may not be as tech-savvy as younger generations, so make sure your website and apps are easy to navigate.

Generation X (Born 1965-1980)

Generation X is known for its independence, skepticism, and preference for authenticity. To connect with Gen Xers:

• Highlight independence and individuality: Appeal to their self-reliance and unique identities. Showcase how your product or service can enhance their independence or address their specific needs.

• Use straightforward messaging: Gen Xers appreciate direct, no-nonsense communication. Avoid excessive jargon and complex language in your marketing materials.

• Leverage social proof: Show how others in their age group have benefited from your offerings. Positive reviews, case studies, and user-generated content can build trust.

Millennials (Born 1981-1996)

Millennials are tech-savvy, socially conscious, and value experiences over possessions. To engage with this generation:

• Leverage social media: Millennials are heavy users of social platforms. Create engaging, shareable content, and be active on platforms like Instagram, Facebook, and Twitter.

• Emphasize authenticity: Millennials appreciate brands that are socially responsible and authentic. Show your commitment to sustainability, ethics, and transparency.

• Create personalized experiences: Use data-driven insights to tailor marketing messages and offers. Personalization can significantly impact their purchasing decisions.

• Engage on social platforms: Platforms like TikTok, Snapchat, and Instagram are popular among Gen Z. Consider influencer partnerships to increase your reach.

• Support social causes: Gen Z values brands that align with their social and environmental concerns. Demonstrating your commitment to positive change can resonate with them.

Effectively marketing to different buying generations requires an approach that considers their unique preferences, values, and communication styles. Understanding these distinctions and tailoring your strategies accordingly can help your business connect with a broader range of consumers, ultimately leading to increased brand loyalty and sales. By adapting to the evolving consumer landscape, you can position your brand for long-term success in the competitive market.

OGIA EVENT CALENDAR

Subject to change. Visit ogia.org/events for more information.

September 11

September 14

September 13

September 19 - 21

Boone Co. Arboretum Diagnostic Walkabout Union, Kentucky

NGLCO Field Day - Visit OGIA’s Booth!

Madison, Ohio

OGIA Connect - Networking Event

The Dawes Arboretum | Newark, Ohio

OSU College of Food, Agricultural, & Environmental Sciences

Farm Science Review- Visit OGIA’s Booth!

London, Ohio

September 21

September 22

September 22

October 2

October 6

October 9

October 11 - 12

October 9

November 6 - 7

Cleveland Metroparks Zoo Diagnostic Walkabout Cleveland, Ohio

Pruning Workshop

Schedel Arboretum | Elmore, Ohio

OGIA Scholarship Application Deadline

Pruning Workshop

Holden Arboretum | Kirtland, Ohio

Pruning Workshop

The Dawes Arboretum | Newark, Ohio

Pruning Workshop

Ohio Nursery Exchange | New Carlisle, Ohio

Ohio High School Landscape Olympics

OSU ATI | Woooster, Ohio

Pruning Workshop

Cincinnati State & Technical College | Cincinnati, Ohio

midwestGREEN Conference

Greater Columbus Convention Center | Columbus, Ohio

NEW MEMBERS

The following companies have been approved for OGIA membership, pending the completion of the application process, which includes requesting comments from the current OGIA membership regarding the qualifications and/or dues classifications of applicants within three weeks following receipt of this issue of The Buckeye.

The following companies are applying for ACTIVE membership:

Daniel VanWingerden

Green Legacy

Orient, Ohio

Annie Swinford

Husney’s Landscape & Irrigation

Columbia Station, Ohio

The following individual is applying for Professional Individual membership:

Jacob Biltz

Cuyahoga Community College

Ohio Green Industry Association P.O. Box 518 Dublin, Ohio 43017-9998

Address Service Requested

LANDSCAPE PLANTS FOR OHIO

Updated for 2023 - Landscape Plants for Ohio: A Professional’s Guide. An 80 page printed publication including, evergreens, ferns, grasses, perennials, shrubs, and trees. This book is designed to help everyone from home gardeners to professional landscapers identify plants, optimal growing conditions, planting tips, and more!

For more information, visit ogia.org/LandscapePlantsOhio