Summer 2020 TDMAW Surgeons of Steel

SURGEONS of STEEL

In this issue TDMAW Presidents, Present to Past Preparing your Business for Market Revival Immigration Proclamation Halts Entry of Foreign Nationals with Employment-Based Nonimmigrant

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Summer 2020 - Volume 14; Issue 2

President's Letter

A

s we continue to try to find ways to navigate the circumstances created by COVID-19 along with other social issues impacting businesses, TDMAW is here for you. TDMAW is working with WMC to communicate with our state’s government about legislative decisions that will affect our members. We are providing social networking opportunities, such as the annual Summer Outing, planned for Monday, August 10th at Waukesha Gun Club. This will be our first return to in-person events, and we are looking forward to seeing everyone at this fun, outdoor sporting clays event. On July 29th we will be offering a free webinar: Utilizing Robots to Manage Productivity in Uncertain Times. This webinar will be hosted by Acieta.

In September we will be bringing you a webinar presenting a simple approach to strategic planning – simple but extremely impactful for shaping the direction of your organization.

TMDAW received a Workforce Advancement Training (WAT) Grant, giving us an opportunity to offer training, through MATC, at a large discount. We have pivoted classes to online, beginning in August. We will be offering GD & T and Leadership Development classes to members. Please watch your email for details and take advantage of this great opportunity.

The final cost will be divided between all participants, so the more that attend the classes, the lower the cost to our members.

TDMAW is also looking at ways that we can impact our industry through the promotion of our industry to schools, students and parents. The TDMAW Forward Foundation is moving along and we hope to have it up and running before the end of 2020. The Forward Foundation will be a charitable organization, seeking tax exempt donations and making financial disbursements to schools and other charitable organizations, with the purpose of advancing manufacturing and manufacturing education. We are very excited about this endeavor and the very real positive impact it will have on Wisconsin manufacturing. Watch for more information about the Forward Foundation as we get closer to its official launch.

We know that depending on what industries you serve the pandemic is affecting members differently. If you have open time on a machine or if you need help meeting your production deadlines, let TDMAW know and we will share your situation with other members who may be able to help.

I wish you, your families & businesses good health and prosperity, Kirk Kussman President, TDMAW 2020 kkussman@aztalan.com (920) 342-9455

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Editorial Calendar: Interested in submitting an article for the Surgeons of Steel?

Email your 500-700 word, Microsoft Word document to TDMAW at ToolMaker@TDMAW.org.

Deadlines to submit articles are: Winter Issue: January 1 Spring Issue: April 1 Summer Issue: July 1 Fall Issue: October 1

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Table of Contents

2020 Board of Directors

President’s Letter..................................................................... 2 TDMAW Presidents, Present to Past......................................... 6 Keep Your Brand Visible During the Pandemic.......................... 7 Manufacturer’s Guide to Facilities Planning.............................. 8 How Technology Can Save You Time and Money.................... 10 Federated Insurance - HR Question of the Month: Employee Returning from Trip Precautions in Light of COVID-19?......................................... 12

President – Kirk Kussman Aztalan Engineering Inc. 920.648.3411 | kkussman@aztalan.com Vice President – John Thomann W-Steel & Grinding, Inc. 262.252.3630 | john@wsteel.net Treasurer – Brian Nuetzel Matzel Manufacturing, Inc., 414.466.3800 | Briann@mzmatzel.com Secretary – Chris Ernster eTek Tool & Manufacturing 262.377.4150 | chris@etektool.com Chairman of the Board – Pete Kambouris Wisconsin Engraving Company 262.786.4521 | pckambouris@wi-engraving.com

U.S. Supreme Court Rules That Federal Law Protects LGBTQ Workers From Employment Discrimination................. 14 Learn the Lingo, Remove the Mystery, Gain Some Confidence .......................................................... 15 Preparing your Business for Market Revival........................... 17

John Rinderle Vice President jrinderle@citizenbank.com

General Guidance for all Businesses...................................... 18 Social Media In Manufacturing............................................... 21 Immigration Law Update: Immigration Proclamation Halts Entry of Foreign Nationals with Employment-Based Nonimmigrant Visas................................ 22

2020 Calendar of Events Wednesday, July 29 ACIETA Robotics Webinar

Watch for Details

Monday, August 10

Waukesha Gun Club

Summer Outing Shootout

Tuesday, September 15 Strategic Planning Webinar

Watch for Details

TDMAW Headquarters W175 N11117 Stonewood Drive, Suite 104, Germantown, WI 53022 262.532.2440 Phone | 262.532.2430 Fax toolmaker@tdmaw.org | www.tdmaw.org

More than 100 years of experience solving workplace legal challenges for manufacturers

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toolmaker@TDMAW.org | 3

ARE YOU

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When it comes to your tooling, it’s the DETAILS that matter.

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TDMAW Member Since 1937

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•Socket Screw Products- Featuring Unbrako and Holo Krome •Large inventory of non-standard items •Raymond Die Springs •Precision Ground Flat Stock and Drill Rod •Vlier Engineering Fixture Components •Miscellaneous Fasteners •Unified Screw Caps, Hollow Lock Screws, Eye Bolts, E-Z Lok Inserts, Hex Head Cap Screws, Nuts, Threaded Rod, Machine Screws and Washers

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4 | TDMAW HQ (262) 532-2440

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In the Know TDMAW Headquarters New Phone System TDMAW Headquarters has recently changed to a new cloud based phone system and our extensions have changed.

Please note our new extensions and update your records:

• Laura Gustafson, TDMAW Executive Director, EXT 215

• Clair Stollfus, TDMAW Association Manager, EXT 216

• Bruce Bautch, Finance Manager, EXT 211

• Becky Fisher, Owner of TEAM Inc., EXT 213

Welcome to the team, John!

John Schmitz

Vice President | Commercial Lending

TDMAW wants to share the exciting things that are happening at our member companies! If you have a video promoting your organization or exciting news you would like us to feature on our social media, please email headquarters: ToolMaker@tdmaw.org.

Tool, Die & Machining Association of Wisconsin Forward Foundation Updates: Once officially opened, this newly created fund will accept grant requests and make financial gifts to charitable organizations and schools, for the purpose of advancing the machining industry and education. The Forward Foundation is moving forward!

•T he Articles of Incorporation have been filed with the state.

• The Foundation officers have been elected and include: Pete Kambouris serving as President, Mike Mallwitz serving as Vice President, Mary Wehrheim serving as Secretary and John Schmitz serving as Treasurer.

•T he bylaws have been created and approved by the Foundation Board.

• There is a bit more paperwork to be filed with the state, but we are excited about the progress to date and look forward to growing our fund and making a difference in the advancement of our industry!

Welcome New TDMAW Blue Level Sponsor Keystone Click. Keystone Click specializes in digital marketing and web design and our contact, Lori Highby focuses on working with manufacturers. She’d love to help your organization reach out to Lori to welcome her to TDMAW and learn how she can help you! lori. highby@keystoneclick.com Welcome New TDMAW Red Level Sponsor Keller Architects Keller can assist you with commercial planning, architecture and building. You have probably seen their signs around town. Contact Casey Gabrielson to see how they can assist you with YOUR next project! cgabrielson@kellerbuilds.com or (262) 250-9710 The 2020-21 Sponsorship Year begins on May 1st. If you know of an organization that does not qualify for membership but has a vested interest in Wisconsin Manufacturing, encourage them to contact TDMAW headquarters for information about sponsorship! You may view the inside cover of this magazine for a list of current partners & sponsors. Please give them an opportunity to win your business as they are supporting our association.

The Edward L. Simeth Scholarship, funded by TDMAW partner E L Simeth Co., is accepting applications, with an application deadline of Jan. 1st. This scholarship awards up to $500 per semester to students currently enrolled in a Machine Tool Operations Program or Tool & Die Program at any accredited Wisconsin technical college. To qualify, applicants must meet the following requirements:

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• Applicant must be resident of Wisconsin • Must be currently attending an accredited Wisconsin Technical college • Must be enrolled in a Machine Tool Operations Program or Tool & Die Program • Must complete the online application, found at: https://tdmaw.org/scholarship Member FDIC

toolmaker@TDMAW.org | 5

TDMAW Presidents, Present to Past

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DMAW is a volunteer-lead organization, with member volunteers steering the way since 1937! Many current member companies have had company owners and employees serve, through the years. Take a moment to view this list of TDMAW Presidents, starting with our current President, Kirk Kussman. We THANK our volunteers for their commitment to TDMAW’s purpose and core values

THE PURPOSE of the Tool, Die & Machin-

ing Association (TDMAW) is to promote the growth and general welfare of the tool, die and machining community in Wisconsin through professional education for its members, workforce development initiatives and networking opportunities.

CORE VALUES: PASSION FOR INDUSTRY:

TDMAW Past Presidents as of 2012

We believe all members will enthusiastically demonstrate machining excellence, development of their companies and their employees for the betterment of Wisconsin.

Kirk Kussman - Aztalan Engineering

Heinz Bohr - Bohr Precision Machining Co.

Pete Kambouris - Wisconsin Engraving Co.

Gregory Krieger - K & W Manufacturing, Inc.

Randy Weber - DACO Precision Tool

INTEGRITY:

Herbert Nitschke - Nitschke Tool & Die Corp.

Steve Latus - Journeymen Tool & Technologies

Werner Timpe - Production Tool Corp.

We believe that all members will exhibit moral and ethical standards that will foster trust between employees and employer, as well as maintain strong relationships between member businesses.

PRIDE IN WORKMANSHIP:

We believe TDMAW members will consistently strive to produce the highest quality goods, to exceed customer expectations and to uphold the outstanding reputation of the TDMAW.

ADVANCEMENT THROUGH EDUCATION:

We believe in providing quality educational programming to enhance the member experience. Such programming includes training with such depth and breadth to not only grow member representatives, but also his or her fellow employees and the future employees of the industry.

COLLABORATION:

As a TDMAW member, I will develop relationships with other TDMAW members to share the best practices and help other members succeed.

6 | TDMAW HQ (262) 532-2440

Brian Nuetzel - Matzel Manufacturing

Mike Mallwitz - Busch Precision Kathy Pfannerstill - Toolcraft Company, Inc. Greg Grambow - Du-Well Grinding Enterprises

Tom Klusken - K & S Tool & Die Corp.

Chris Pfannerstill - Toolcraft Company, Inc. George Slupski - G & H Jig Grinding, Inc. Norbert LeRoy - Milwaukee Punch Corp.

Brett Reih - Reich Tool & Design, Inc.

James Holtermann - Mutual Machining Co.

Allen Weiss - Integrity Wire EDM, Inc.

Charles Gieringer - Waukesha Tool & Stamping

Doug Brockelman - Stanek Tool Corp.

John Puhl - J. P. Pattern, Inc. Lynn Mahuta - Mahuta Tool Corp.

Fritz Reich - Reich Tool & Design, Inc. Mary Wehrheim - Stanek Tool Corp.

Jim Persik - Milwaukee Fabricators, Inc. Ken Mahuta - Mahuta Tool Corp.

Tim Dellemann - Tool & Mfg., Inc Roy Stolpa - Advance Tool & Eng., Inc. Gerald Heckel - Heckel Tool & Mfg. Corp.

James L. Goff - Goff’s Industrial Aid

Spencer Hintz - Key Products Co. Jerry Persik - Milwaukee Fabricators, Inc. Bill Jones - Wisconsin Engraving Co. Malcom Morris - Malax Inc. Andy Lehner - Omega Tool Inc. Bob Frankulin - Frankulin Tool & Mfg. Co. Norb Szymanski - Service Tool & Die Corp.

Larry Volk - Laurence Tool & Machining Jerry Hock - United Tool Corp.

Al Tischaefer - Jordan Tool Industries Lloyd Hansen - Ultra Tool & Die Co.

www.TDMAW.org

Keep Your Brand Visible During the Pandemic Article submitted by Linda Foster, Vive, LLC

TDMAW 2013 Board of Directors

Ben Kosmatka - Service Tool & Die Corp.

Harvey Tomasini - United Tool Corp.

John Mack - Liberty Tool Corp.

Louis Ullstrup - Ullstrup Tool & Die Co. George Sowinski - Tri-Par Tool & Die Co. John Weber - Saller Tool Corp.

Tom Stanek - Stanek Tool Corp.

Al Wendorf - Wisconsin Gasket & Mfg. Co. Leo Lebal - National Mfg. Co. James Schultz - Wisconsin Drill Head Corp.

Richard Marsek - Maintenance Service Corp.

Ted Terwelo - Banner Tool & Eng. Co.

T

here is no doubt that the COVID-19 pandemic has changed the way we interact and shifted how we conduct business. From moving tradeshows from in-person events to virtual experiences to creating new challenges associated with social-distancing policies, change has been present throughout. The silver lining of this unprecedented situation is companies have had the opportunity to step back, rethinking what they are doing and how often they are doing it. This reflection has allowed some manufacturers the opportunity to produce essential products, after not being focused on medical-related applications, while other companies have been forced to make tough decisions to account for short-term, organization reductions. As things continue to slowly reopen, it’s important for your company not to be quiet, but rather continue to keep the communication line open, focusing on maximizing marketing efforts.

Jerome Stanek - Stanek Tool Corp.

One of the biggest mistakes companies have made during this pandemic is stopping communication or completely pulling back from their marketing initiatives. While there will certainly be a shift in priorities and the investment levels in marketing efforts, there will always be ways to keep communication channels transparent and active – even with a modest marketing budget. There are various communication channels your business can optimize to maintain or reignite conversations with your audience that include marketing initiatives such as:

Larry Wacker - Sterling Tool & Mfg. Co.

Email Marketing - Beyond your day-to-

Bob Waker - Sterling Tool & Mfg. Co. Ed Stanek - Stanek Tool Corp.

Gene Fritsch - Economy Tool & Machine Joe Bock - Wisconsin Machine Co. Ed Michalski - Milwaukee Parts Corp.

Frank Wirtz - L & W Tool & Die Co Art Gieringer - Gieringer Tool & Die Al Janiszewski - Superior Die Set Steve Pohlhammer - Northwest Tool & Eng.

Harry Schauer - Hasco Valve Company

Current President Kirk Kussman

TDMAW 2019 Board of Directors

day emails, get strategic and creative about what you are communicating. Using a platform like Mailchimp or Constant Contact creates an opportunity to design a professional-looking deliverable and provides a deeper understanding of user behavior.

These platforms will track what the reader is clicking on and even reveal how well-vetted your CRM list is. Start by deploying an e-blast once a month or every other month to connect your message to your audience.

Schedule Customer Interviews - To obtain key voice-of-customer input, set up a time to speak directly with your customers to check in with them, remind them they are valued and that you are there to support them. After all, we are in a relationship business, so continue adding value to those connections and provide a stronger base for continued growth.

Social Media - For many small to midsized manufacturers, this marketing strategy may be a bit overwhelming, but if you want to further connect with your current customers and prospects with pertinent industry and/or company information while impacting the opportunities to connect, start with LinkedIn. Begin by planning two to three posts per month, and as you have more content to share, increase the cadence for boosted visibility. Be mindful that all posts meet the criteria of quality over quantity. Lastly, if your audience takes the time to respond to your posts, be sure to interact back with them!

Videos - Today, many of us have smartphones in our pockets capable of shooting high-quality videos, making it easy to produce short videos to share via social media, e-blasts, etc., as a solution to visually connect with your audience. Video as a platform continues to grow in popularity, but creating them does not have to be hard. It could be as simple as sharing a company announcement, showcasing your operations or highlighting the latest piece of technology equipment.

By incorporating these best practices, opportunities for increased and improved communications with your viewers are created, keeping your brand at the forefront, and when things get back to “normal”, you will be in a position of continued marketing momentum, whereas others may be playing catch up.

If you are looking for additional marketing insights, visit https:// marketingformanufacturers.com/podcast/

toolmaker@TDMAW.org | 7

Manufacturer’s Guide to Facilities Planning

Article provided by TDMAW Red Level Sponsor, Keller, Inc.

W

ith the booming economy that we’ve been experiencing for the past several years (present Covid-19 situation not withstanding) particularly in manufacturing, the scenario that we hear from many of our past and prospective customers goes something like this: • “We’ve been trying our best to keep up with customer demand, but…”

• “We need more functional space in order to increase production and warehousing” •

“We could use more loading docks for more efficient shipping and receiving” • “Our administrative offices and employee welfare areas are bursting at the seams” • “We’ve had to lease additional space in other buildings, which has become a logistical problem” • “It will be more cost-effective to remodel or expand our current facility, right?”

Sound familiar? For a business owner having similar thoughts, how do you decide what the best path forward is? Where do 8 | TDMAW HQ (262) 532-2440

you even start? Well, the simple answer is: it depends. The truth of the matter is that there is no one-size-fits-all solution for every situation. For a growing business, there are many factors that come into play, such as: short vs long-range planning, ownership succession plans; overall the condition of the existing facility (age, accessibility, maintenance, energy efficiency, insurance, and yes, even aesthetics); limitations to potential facility expansion on an existing property; and the list goes on.

The next question then becomes: “if continuing to try to work with my current facility is not feasible, should I buy (or lease) another existing building, or should I build new?” Again, it depends… on many factors, including: available (and affordable) inventory of existing buildings that would serve a business’ growth plan, now and well into the future; available (and affordable) buildable land, including whether or not site utilities are readily available; availability of skilled workers (both current and future) within a certain travel distance; proximity to primary

transportation networks (freeways, railways, ports, etc.); or, to simply use the clichéd catch-all phrase: location, location, location.

Next question: “Okay, so what if I’m not sure how best to answer those questions? Who do I turn to? I know there are architects and I know there are builders. Which is the best route to take?” Well, one project delivery method that has been quite successful over the years, particularly for manufacturing markets, has been Design/Build. As compared to traditional Architect Design/Bid/ Build or Construction Management type of deliveries, Design/Build is very well suited for most manufacturers. Here is a shortlist of the benefits of this type of project delivery: a) both Design and Build in-house with the same company (i.e. a single-source of responsibility) b) the most interactive collaboration between the Design and Build aspects c) shorter overall project duration d) better control of project costs e) limited “change orders” www.TDMAW.org

Design/Build delivery will consists of: - Site Investigation: this includes research and assistance in site selection as well as municipal zoning codes, utilities, incentive programs, etc.

- Programming: this entails “Discovery” of our customer’s spatial needs vs wants, including such things as room sizes (based on personnel and usage), spatial relationships, process flow, exterior and interior design aesthetics, site development, confirmation of square footage needed for initial phases and potential future phases; discussion of project budget and presentation of comparable past project costs.

- Schematic Design: development of Preliminary drawings, including site plan, floor plans, exterior elevations, and 3d renderings, as well as discussion of the projected budget of initial design.

- Design Development: Final Preliminary drawings, including additional drawings and details - Estimating and Bidding: hard number quotes of Keller’s self-performed work, as well as multiple sub-contractors for each trade.

- Construction: based on a detailed construction schedule, weekly on-site job meetings and minutes and multi-faceted project supervision.

A recent real world example of a customer that chose our company as their Design/

Builder is Dielectric Manufacturing, a leading one-source contract manufacturer of plastic and metal parts, components and assemblies, based in the metro Milwaukee area. Vice President Michael Esser Jr. explains their decision to relocate and build an entirely new campus in a neighboring community: “We machine and fabricate a wide variety of materials, including thermosets, thermoplastics, ferrous metals and non-ferrous metals. At the time, prior to deciding to construct a new facility, we had been outgrowing our existing facility and came to realize that we had no room for growth. We

decided to build our own facility because we could then truly make it our own. By partnering with Keller, Inc., we went through their Discovery process to find out what was necessary for our company in a new facility.

From there we went through the full Design/ Build process with Keller and were able to build a state-of-the-art facility that will make us more efficient as a company, and with room for growth.” In addition to the basic information gathering of the various rooms that would be needed to replicate and expand their various departments (in the end rounding out at 103,000 sf), the Discovery process also covered many other topics such as site selection, pre-design communication with the municipality, optimal site planning for future expansion, parking, shipping/receiving logistics, dock quantities and details, process flow, warehousing needs, employee welfare, HVAC performance, interior design goals and of course exterior design.

Keller, Inc. is an award winning, single-source, design/build general contractor with offices in Milwaukee, Madison, Kaukana and Wausau. As 100% employee-owned, they have the staff and expertise to take projects from the early phases of design through the construction process to ensure that the project is completed on time and within budget. For more information on Keller, Inc., visit www.kellerbuilds.com.

toolmaker@TDMAW.org | 9

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Preparing for Your Big Equipment Move Article provided by Doral Corporation

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ave you thought about your next machinery installation? As a manufacturer, you might be assessing how much time this might take away from production. Here are some things to consider when planning and how technology can save you time and money.

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Remote-control technology allows for fewer shop personnel to be involved, while still maintaining a very high degree of safety.

Some of the latest rigging equipment is not only remote-controlled but also battery operated, reducing the amount of air pollution inside a facility.

10 | TDMAW HQ (262) 532-2440 www.TDMAW.org

Critical Lift Plan

Critical lift plans are one of the most overlooked steps in machinery installation.

Many times, critical lift plans are only developed if an installation involves a crane and are based on the weight of the piece being moved. However, if you are moving a (proprietary expensive, one of a kind etc..) machine or a piece of equipment that cannot be easily replaced, the same amount of planning and attention should be given to the move. Critical lift plans can easily be developed and implemented for moves involving forklifts, hydraulic gantry systems or any other specialized moving equipment.

Final Steps

Once a machine is set in place, manufacturers need to ensure that all safety devices and machine guards are properly installed.

Moving existing equipment presents a great opportunity to reevaluate guarding strategies and implement updates where necessary. The standards found in ANSI B11 provide a solid foundation for guarding against moving machinery parts. Misconceptions about machinery being “grandfathered in” are becoming scarce as new technology and guarding solutions continue to develop.

At von Briesen, we’ve transformed the traditional law firm into a modern platform for legal innovation. We are recognized as trusted advisors to the tool, die and machining community. Our experience and depth helps this community achieve the success they need in today’s global marketplace. We are not only a legal advisor – we are trusted business advisors.

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toolmaker@TDMAW.org | 11

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Employee Returning from Trip - Precautions in Light of COVID-19?

QUESTION: We have crews that ride together in vehicles and perform work outside. We have explained to employees that work is optional during this time and we have encouraged employees to stay home if they feel sick or are concerned about exposure. We have an employee who is returning from a trip to Puerto Rico. She is planning on returning and the crew she is assigned to is afraid of exposure.

Can we require that she doesn’t come in or turn in a doctor’s note before return? How can we protect other employees?

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RESPONSE: At present the CDC’s guidance indicates that only employees who are returning from travel to countries that have a Level 3 Travel Health Notice (where there is widespread, ongoing transmission) need stay home for 14 days from the time they left such area and practice social distancing. Puerto Rico is not

among the areas presently at Level 3.

As such, it does not appear that the subject employee would be required to self-quarantine as a result of this trip pursuant to the present guidance from the CDC. We recommend that you review the CDC’s guidance on this issue directly at “Travelers Returning from High Risk Countries” which contains additional links. If, however, there are other risk factors (Click here for the CDC’s risk assessment guidance), then certainly the employer should take additional and appropriate precautionary measures to protect the health and safety of its workplace and those who work or visit it.

As for a doctor’s note, the US Department of Labor’s current guidance addresses this as follows: “May an employer require an employee who is out sick with pandemic influenza to provide a doctor’s note, submit to a medical exam, or remain symptom-free for a specified amount of time before returning to work?

Yes. However, employers should consider that during a pandemic, healthcare resources may be overwhelmed, and it may be difficult

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12 | TDMAW HQ (262) 532-2440 www.TDMAW.org

for employees to get appointments with doctors or other health care providers to verify they are well or no longer contagious.

During a pandemic health crisis, under the Americans with Disabilities Act (ADA), an employer would be allowed to require a doctor’s note, a medical examination, or a time period during which the employee has been symptom free, before it allows the employee to return to work. Specifically, an employer may require the above actions of an employee where it has a reasonable belief – based on objective evidence – that the employee’s present medical condition would impair his ability to perform essential job functions (i.e., fundamental job duties) with or without reasonable accommodation, or, pose a direct threat (i.e., significant risk of substantial harm that cannot be reduced or eliminated by reasonable accommodation) to safety in the workplace.” See COVID-19 and the Family and Medical Leave Act Questions and Answers.

The EEOC’s guidance is similar but acknowledges the current strain on the healthcare system: “When employees return to work, does the ADA allow employers to require doctors’ notes certifying their fitness for duty?

Yes. Such inquiries are permitted under the ADA either because they would not be disability-related or, if the pandemic influenza were truly severe, they would be justified under the ADA standards for disability-related inquiries of employees.

As a practical matter, however, doctors and other health care professionals may be too busy during and immediately after a pandemic outbreak to provide fitnessfor-duty documentation. Therefore, new approaches may be necessary, such as reliance on local clinics to provide a form,

a stamp, or an e-mail to certify that an individual does not have the pandemic virus.” See “What You Should Know About the ADA, the Rehabilitation Act, and COVID-19”.

The CDC takes a stronger and more direct approach to the issue given the current pandemic and burdens facing healthcare institutions at present: “DO NOT require a healthcare provider’s note for employees who are sick with acute respiratory illness to validate their illness or to return to work, as healthcare provider offices and medical facilities may be extremely busy and not able to provide such documentation in a timely way.” See “Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)”. That said, the CDC also advises in this guidance that employer should “[a]ctively encourage sick employees to stay home,” and that “employees who have symptoms of acute respiratory illness are recommended to stay home and not come to work until they are free of fever (100.4° F [37.8° C] or greater using an oral thermometer), signs of a fever, and any other symptoms for at least 24 hours, without the use of fever-reducing or other symptom-altering medicines (e.g. cough suppressants). Employees should notify their supervisor and stay home if they are sick.”

and free from hazards (including in cases where employees perform work on client sites). Employees who present a direct threat to themselves or to the workplace, or who have other risk factors (see link above), can and should be required to selfisolate or self-quarantine and additional measures may be necessary to be taken before they can safely resume their duties.

That said, we do not recommend that the employer require the subject employee to burden the healthcare system by requiring that she produce a doctor’s note regarding her fitness to return to work based solely on the fact that she recently traveled, and particularly if she has no upper respiratory symptoms (see CDC information regarding symptoms) or other risk factors present per the CDC’s risk assessment (see above).

Given the recommendation (and in some cases, the requirement) that individuals practice social distancing, the employer should consider the propriety of continuing to have employees travel to worksites in close quarters in the same vehicle. As advised by the CDC, the employer should instead consider having employees driving individually to work sites and maintain a distance of 6 feet from one another while they are there to best protect the transmission and spread of the virus. The CDC’s guidance for employers in the face of the COVID-19 pandemic is particularly Thus, while there is some legal support helpful and we recommend that you receive for employers that require a fitness for it online from the CDC’s Interim Guidance duty statement before an ill employee for Businesses and Employers to Plan and returns to work, there appears to be none Respond to Coronavirus Disease 2019 as to employees who are otherwise healthy; (COVID-19). and regardless, the agency guidance is The COVID-19 pandemic is a fluid situation consistent in that employers should seek for all employers, and the landscape is to minimize the burden on the healthcare changing constantly. We make a wide range system in making these types of demands. of resources, which are frequently updated, Of course, the employer has an enduring available for employers on our website, duty to ensure the workplace is safe, healthy which you can access through your portal.

toolmaker@TDMAW.org | 13

U.S. Supreme Court Rules That Federal Law Protects LGBTQ Workers From Employment Discrimination Article submitted by Blue Level Sponsor, Sally Piefer, Lindner & Marsack, S.C.

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n June 15, 2020, the U.S. Supreme ruled that Title VII of the Civil Rights Act bars discrimination on the basis of gender identity and sexual orientation.

Title VII makes it “unlawful…for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual…because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. §2000e-2(a)(1). An employer violates Title VII when it intentionally terminates an individual based, even in part, on his or her sex.

The decision, Bostock v. Clayton County, involved three consolidated cases. In each case, the employee sued his/her former employer, alleging sex discrimination under Title VII, after they were terminated because of their homosexual or transgender identity: • Gerald Bostock worked for more than a decade as a child welfare advocate. After he began participating in a gay recreational softball league, influential members of the community allegedly made disparaging comments about his sexual orientation and participation in the league. Soon, he was fired for conduct “unbecoming” a county employee.

• Donald Zarda worked as a skydiving instructor in New York. After several seasons with the company, he mentioned that he was gay and, days later, was fired.

• Aimee Stephens worked at a funeral home in Michigan. When she got the job, she presented as a male, but two years later, she was diagnosed with gender dysphoria and recommended that she begin living as a woman. During her sixth year with the company, she wrote a letter to her employer explaining that she planned to “ live and work full-time as a woman” after she returned from an upcoming vacation. The funeral home fired her before she left, telling her “this is not going to work out.”

The employers in each case did not dispute that they fired the employees as a result of their homosexual or transgender identity.

Rather, they argued that the “because of sex” language in Title VII’s proscriptions does not extend protection to the employees on the basis of their gender identity or sexual orientation.

Justice Gorsuch, generally thought to be a conservative on the Court, wrote the majority opinion. The Supreme Court disagreed with the employers’ arguments, holding that an employer who fires (or otherwise discriminates against) an individual for being homosexual or transgender necessarily and intentionally discriminates against that individual, in part, because of sex. “Sex plays a necessary and undisguisable role in the decision,” which is exactly what Title VII forbids.

Therefore, the Court determined that any employer who intentionally treats individuals differently because of their homosexual or transgender identity, penalizes those individuals on the basis of their sex in violation of Title VII.

The Seventh Circuit (covering Wisconsin, Illinois, and Indiana) had already ruled that Title VII’s protection covered discrimination on the basis of sexual orientation and gender identity, the Supreme Court’s decision firmly solidifies that discrimination on the basis of gender identity or sexual orientation will be treated consistently through the U.S. and its territories. Wisconsin’s state discrimination laws already extend protections to individuals because of sexual orientation and gender identity, but this decision now firmly reminds employers that policies, procedures, practices and employment decisions must provide protections to LGBTQ employees, or risk violation of federal law as well.

Lindner & Marsack, S.C., represents employers in all areas of labor and employment law. If you have labor or employment matters involving your business, please contact Sally Piefer at spiefer@lindner-marsack.com or (414) 226-4818.

14 | TDMAW HQ (262) 532-2440 www.TDMAW.org

Federated Insurance

Learn the Lingo, Remove the Mystery, Gain Some Confidence Risk: The possibility of a loss occurring.

Risk Management: Identifying potential hazards and taking action to reduce the likelihood that they will cause a loss.

Liability: 1. A legal obligation to pay for

damages caused by an insured party to someone else.

2. A type of insurance that pays for those losses.

Certificate of Insurance: A document

that shows proof of coverage present in an insurance policy. Certificates verify coverages, limits of insurance, and policy effective and expiration dates, among other facts about a policy.

Underwriting: The process of analyzing

risk to determine the insurability prior to taking on the risk.

Workers Compensation: Insurance that helps cover the costs connected to a work-related injury.

Workers Compensation Experience Modifier: A number that, based on the

frequency and severity of previous losses, affects a business’ workers compensation premiums.

Endorsement: A page in an insurance policy that either adds, changes, or removes insurance coverage.

• Additional Insured Endorsement: Adds coverage for a person or organization to the policy that would not have automatically been covered.

• Primary and Non-Contributory Endorsement: States that the policy must pay before other insurance for the additional insured.

• Waiver of Subrogation Endorsement: An endorsement that restricts an insurance carrier from recovering the damages paid on a claim from a negligent party listed in the endorsement.

Aggregate Limit: The maximum amount that will be paid by an insurance company during the annual policy period for a particular coverage.

• Per-Project Aggregate: The general liability aggregate limit will apply separately to designated construction projects.

Umbrella: A policy that provides additional limits of liability in case a claim exceeds the established policy limits of the primary liability policy.

While these terms are just a small fraction of what there is to know in the insurance industry, they will help you form a foundation of knowledge you can use as you navigate the complexities of running — and protecting — your business.

toolmaker@TDMAW.org | 15

Providing Industry with the highest quality products and customer service to meet today’s demanding manufacturing requirements!

» Automation & Machinery » Die / Stamping / Fabrication

» Clamping & Fixturing

» Mold / Tool Room / Maint.

» Part & Tag Marking

» Laser Marking

www.elsimeth.com 403 S. Hawley Road, Milwaukee, WI 53214 Toll Free: 800.837.9270 | Fax: 414.771.9043

The TDMAW.org website has many resources, on it’s homepage, for TDMAW members.

You will find: • A CARES Act Summary • DWD Work Share Fact Sheet • OSHA COVID-19 Informatin • Guide to the Employee Retention Tax Credit • And much more!

Please check the page for helpful links and know that TDMAW is here for you as we navitage these uncarted waters together.

16 | TDMAW HQ (262) 532-2440 www.TDMAW.org

Preparing your Business for Market Revival Article submitted by Blue Level Sponsor, Keystone Click

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f history has taught us anything about business during a recession, it’s that you absolutely must keep getting your message out there. After studying many resources including academic journals, independent research articles old and new, the recurring message is that you must continue to market yourself in order to maintain or grow during a recession. Let’s talk about the stages of crisis communication as they relate to COVID-19.

Stage 1: Immediate Response. Here everyone was posting and stating messages of support and empathy. “We are in this together!” Brands didn’t sell or push their message, rather we focused on sharing and lending a hand. NOTE: In bad times, brands that held out their hand will be remembered in the consumer’s eye in a positive way!

the time to talk about all of the addon features, but rather talk about how safe the vehicle is and how it helps you alleviate stress because it is so comfortable.

3) Messaging should focus on SAFETY and TRUST. Share the safety practices within your organization, including how you are dealing with visitors to your facility. Continue to reinforce trust with your audience. Show up, be a resource, create partnerships, help solve the problem, minimize the hard sales tactics, and most importantly, keep your communication channels open.

4) Show empathy. It is okay to share your emotions with your customers, it’s another way to connect with them and show that you are real.

Stage 2: Pivot & Adapt. Work From

5) Consider the EXPERIENCE. Since we’ve all been at home, we want something new. Consider how you can expand on the experience that you are offering your prospects and clients.

How can you make it memorable and different?

Stage 3: Market Revival. We are hopefully entering this stage now. It is 100% important to understand your customer and how they want to engage with your business. Habits have changed and level of comfort in conducting business the old way has changed. Here are a handful of best practices to help you get ready for market revival:

6) Provide options. Even as businesses become physically open, not everyone will be ready to get back to ‘normal.’

Capture their business by continuing to or expanding on your virtual interaction options.

Home is real. Social distancing is real.

Brands have pivoted. Some have excelled and some brands have dropped significantly. New offerings are available. Screen time (social media, streaming services, etc) have increased significantly.

1) Plan for various scenarios. We don’t know how long it will be until we are back to normal and we don’t know if things will go back to where we were two weeks ago or two years ago. Map out a couple of ‘What If ’ scenarios and be prepared with how you intend to communicate these.

2) Do you need to reposition your brand and messaging? For example, are you selling luxury vehicles? Now is not

7 ) Don’t forget about your new communication channels. As we’ve all been spending time online, continue to maintain your new communication channels. You’ve started to build new followings. Make sure this is part of your plans going forward. Leverage these channels to communicate how you are conducting business.

8) Continue to re-evaluate your messaging.

Things are changing daily. Make sure the message that you are putting out is current with the changes happening in our world. At a

President and Owner, Lori J Highby

minimum, evaluate your message on a weekly basis. In addition, rethink some of the language that you are using. Stop using terms such as uncertain, unsure, unparalleled, unprecedented. Everyone is using this language. Find new terms to express your sentiment.

9) Stretch your creativity. As everyone is opening back up again, you’ll want to make sure your message stands out. Get creative in how you are letting the world know that you are open for business.

Consider an event to celebrate that you are back.

The most important aspect is to continue to communicate with your audience. Let your customers know how you are conducting business and what they can expect when working with you.

Keystone Click is a strategic digital marketing agency.

Our research and collected insights help our clients to make the right decisions related to marketing and promoting their business online. Visit keystoneclick.com/profits to download or sign up for our snail mailed Guide to Profits.

toolmaker@TDMAW.org | 17

As one of Wisconsin’s leading industries, manufacturing has a significant impact on our economic growth, with more than 9,400 manufacturers contributing nearly 20% of the state’s GDP. While many manufacturers have been deemed essential and have remained open, there are many that still need to prepare for reopening. To ensure consistency in keeping you and your employees safe, this guide is intended to provide general guidelines and best practices for manufacturers looking to take steps to open their facility when it is time to do so. In addition, please see the “General Guidance for All Businesses” document for guidance that applies to all industries, and please consult the other available industry guides as relevant for your specific business type.

Recommendations for Manufactures Employee health and hygiene Establish a strategy for on-site health screening upon entrance to the facility (see “General Guidance for All Businesses”).

Employees who have a fever or other symptoms of COVID-19 shall not be allowed to work.

Maintain an adequate supply of paper goods, soap and hand sanitizer to allow proper hand hygiene among employees and staff.

Educate your employees on the need to wash their hands often with soap and water for at least 20 seconds, especially before preparing or eating food; after using the bathroom; and after coughing, sneezing or blowing one’s nose. Hand sanitizer with at least 60% alcohol may be used if soap and water are not available.

Cleaning and disinfection Maintain an adequate supply of cleaning and disinfection products.

If surfaces are dirty, they should be cleaned using a detergent or soap and water prior to disinfection.

Clean and disinfect frequently touched objects and surfaces, such as workstations, handrails, doorknobs, light switches, countertops and bathroom fixtures.

Consider establishing a cleaning and disinfection team to conduct these activities on a regular schedule each day.

Provide tissues and no-touch disposal receptacles.

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18 | TDMAW HQ (262) 532-2440 www.TDMAW.org

Encourage staff to avoid sharing work tools and equipment when possible. If necessary, disinfect shared tools/equipment before and after each use. Common tools like two-way radios, brooms, rakes, scrapers and hand tools should be disinfected after each use.

Provide personal pens, markers and other routine work supplies for each individual.

Personal protective equipment (PPE) and cloth face coverings Supply face masks or cloth face coverings for all employees. Face masks or coverings should be used by all workers in manufacturing environments where workers are in close proximity to others. Face coverings are not appropriate where masks or respirators are required.

Face shields or goggles may also be necessary for employees who must work together at distances closer than six feet.

Instruct your employees in how to properly put on and remove a face mask or cloth face covering. The CDC illustrates how to properly wear a face covering and has several tutorials for how to wear one.

Consider distributing daily or weekly allocations of other personal protective equipment (e.g., earplugs, hairnets, beard coverings) instead of common use dispensers.

Engineering controls Increase ventilation rates.

Increase the percentage of outdoor air that circulates into the system.

Review guidance from the American Society of Heating, Refrigerating and Air-Conditioning Engineers and consult with HVAC professionals when considering ventilation changes to reduce the risk of COVID-19.

Nonporous physical barriers may also be used to separate employees who have work locations that are less than six feet apart.

Social distancing in the workplace Review your processes and workflows to ensure that employees are at least six feet away from each other when possible. Do not allow personal contact (e.g., handshakes, hugs, fist bumps, high fives) or close conversations.

Limit in-person meetings as much as possible.

Limit access to areas where people gather.

Develop a protocol for any physical signoff requirements to avoid close contact.

Personnel movement in the facility If possible, make narrow hallways one-way only.

In order to allow employees to move between areas of the facility without having to touch doors or knobs, consider removing doors or keeping them open where possible, or adding automatic doors or foot pulls.

Instruct employees to avoid hallway conversations and interactions.

Break rooms and locker rooms Stagger breaks and modify break room seating to ensure that employees cannot sit within six feet of one another.

Frequently clean and disinfect tables, chairs/benches, handles, faucets, countertops, refrigerators and microwaves.

Consider suspending coffee service.

Have sanitizing wipes readily available in break rooms and locker rooms to clean common surfaces after each break or shift change.

With some employees working remotely, determine if any office spaces can be repurposed for additional break room and locker room space.

toolmaker@TDMAW.org | 19

Shift changes Stagger workdays and start times to the extent possible.

Investigate the possibility of using phone apps, webbased apps, or a camera to clock employees in and out.

If a time clock must be used, add floor marks to ensure proper spacing of six feet between employees and provide hand sanitizer near the time clock.

Make sure to include a regular sanitation schedule between and during shifts.

Employee training, support and communication Use routine meetings, postings (including electronic postings), the company website and start-of-day reminders to communicate with workers about actions being taken to prevent COVID-19 exposure.

Post signage in languages understood by your employees to remind them of safe practices for social distancing, hand hygiene and cough/sneeze etiquette.

Provide refresher training for employees on proper handwashing, social distancing, employee illness reporting, and any other procedural changes the company has implemented in response to COVID-19.

Institute a process for workers to report COVID-19 symptoms.

Consider the use of electronic communication devices such as wireless headphones for loud/ noisy areas and two-way radios for less noisy areas; these may help employees communicate in production areas while maintaining safe distancing. These can be useful for cross-training and training new employees.

Provide resources to evaluate compliance.

Train employees on how to recognize areas or practices that pose a risk for spreading the virus, and define a process to quickly review and provide mitigation strategies in these areas. Include a recognizing/ reporting module in your COVID-19 response plan.

Consider designating one or more employees to monitor changes in workplace guidance.

IN PARTNERSHIP WITH WISCONSIN’S REGIONAL ECONOMIC DEVELOPMENT ORGANIZATIONS: 7 Rivers Alliance Centergy Madison Region Economic Partnership Milwaukee 7

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20 | TDMAW HQ (262) 532-2440 www.TDMAW.org 5.7.2020

Social Media In Manufacturing Article submitted by TDMAW Member Company, The Kinetic Co., Inc.

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inetic has a long-standing reputation for making precision cutting blades for machinery in various industries around the globe. Recently we are being recognized by area businesses as a neighbor with the ability to lend a helping hand when a quick grind or machining operation is required, or equipment repair is needed.

Not only are these requests made by local business owners, but also from machinists and companies large and small across the country.

How do they know about Kinetic?

Previously, most leads and quote requests came from existing customers we’ve worked with for many years. Our customers refer us to other companies looking for Kinetic products or services, so word of mouth has played an important part in Kinetics’ ability to form new relationships. Trade shows also provided an opportunity to make connections and expand business. Although trade shows can be a bit pricy, they are fairly effective in most markets. Computer technology and the “world wide web” allows us to reach a much greater audience - but is limited in its use by requiring a basic

understanding of key search words. Social Media, however, has enabled the world to view up close and personal the inner workings of the manufacturing industry.

YouTube, LinkedIn, Instagram, etc. are just a few of the social platforms used for sharing and gathering information. A LinkedIn visual display detailing a recently completed machine repair, or YouTube video of a rebuild project in process, tells a story in real time and quickly grabs the viewer’s attention. Existing customers have discovered services they weren’t previously aware of, and new prospects can openly see what Kinetic has to offer. We recently received a request for lathe bed rework from a follower of a You Tube restoration show.

A quick visit to our website and an email request was immediately followed up with a phone call to establish the details of his project. Now the work can begin as soon as the material arrives. An Instagram viewer discovered our grinding capabilities and reached out with a Zoom conference to discuss a new partnership. Linked In videos and conversations have led to many new relationships and continue to provide new opportunities.

In addition to the sales advantages, Social Media helps to bring in individuals who are interested in being part of a successful team. These platforms allow applicants to see firsthand what Kinetic has to offer in terms of environment, benefits, opportunity, and personal growth; as well as the ability to experience employee interactions, personal accomplishments, and recognition.

Finally, members of these social groups can virtually get together to discuss manufacturing trends, equipment needs, product lines and development, how to fix what is not working, where the market is heading and what path needs to be followed. The future of manufacturing lies in the ability to stay informed of current opportunities and areas of potential growth. Social Media may simply be one method of staying up to date, however, the informational and technological value of this global community is only gaining strength and benefits all who embrace it!

Written by: Mary Grenier

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Immigration Law Update

Immigration Proclamation Halts Entry of Foreign Nationals with EmploymentBased Nonimmigrant Visas Article submitted by TDMAW Red Level Sponsor, von Briesen & Roper s.c.

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n June 22, 2020, President Trump signed a proclamation suspending entry of foreign nationals in certain employment-based nonimmigrant categories, including H-1B, L-1, H-2B, and J-1. The H-1B category is used for professional-level specialty positions, L-1 is for managers, executives, and specialized knowledge employees of international companies, H-2B is for certain nonagricultural workers, and J-1 is for au pairs, medical residents and other interns, teachers, and summer work travel programs.

Family members of foreign nationals in H-1B, L-1, H-2B, and J-1 status are also prohibited from entering the U.S. in derivative status. The proclamation became effective at 12:01 a.m. on June 24, 2020, and will be in effect through the end of the year.

If a foreign national is currently in the U.S. in one of these nonimmigrant statuses, the proclamation will not affect their current nonimmigrant status, or the ability to renew that status from within the U.S. However, if any foreign national in H, L, or J status is abroad on or after June 24, 2020, and does

not have a visa in their passport issued prior to June 24, 2020, they will not be able to return to the U.S. The proclamation may be particularly vexing for those with H or L approvals who are outside the U.S. and have been waiting for consulates to re-open after their closings around the world due to COVID-19. Under the proclamation, those people will not be able to enter the U.S. unless this proclamation is lifted.

The proclamation does not apply to anyone who has a travel document other than a visa, including an advance parole document that is valid on the effective date of the proclamation. The proclamation also does not apply to agricultural workers or individuals who “are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized.” We will have to wait and learn how that narrowly-defined health care exception is interpreted at the consulates and ports of entry.

The proclamation further orders the Secretary of Homeland Security to

“consider” making regulations changing the H-1B program to ensure that H-1B aliens do not “disadvantage U.S. workers.”

The proclamation also continues President Trump’s April suspension on the issuance of immigrant visas (or “green cards”) at U.S. consulates. Under this week’s proclamation, U.S. consulates may not issue green cards, except for spouses and children of U.S. citizens. This means that foreign nationals outside the U.S. who wish to consular process for their green cards will have to continue to wait outside the U.S. The proclamation does not apply to spouses or children of U.S. citizens, so presumably consular processing of green cards for spouses and children of U.S. citizens could continue, once consulates open again after COVID-19 related closings.

Please contact your von Briesen immigration attorney to set up a time to discuss any questions you may have on the impact of this proclamation on your case or travel plans.

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W175 N11117 Stonewood Drive Suite 104 Germantown, WI 53022

Registration now open for the

ANNUAL TDMAW SUMMER SHOOTOUT!

Tired of distancing from your friends at TDMAW? Register today for this fun outdoor sporting clays event! All skill levels welcome!

Details and Registration may be found at: www.tdmaw.org/event-3877128