COMMUNICATION & CARING Small businesses help employees navigate pandemic stress
Bryce Segna,
Lakeview Industries
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CONTENTS May • June 2021 • Vol. 20 No. 2 • www.upsizemag.com
PAGE 14
Cover story
The impact of COVID-19 has been felt well beyond business bottom lines. Companies that take the time to help employees deal with stress and mental health issues can find stronger, more loyal workers down the line. BY ANDREW TELLIJOHN Cover photograph by Tom Dunn
PAGE 4
From the editor:
Bb BUSINESS BUILDERS
Editor Andrew Tellijohn discusses the process of arriving at this issue’s cover story PAGE 6
PAGE 4
Staff list: Who’s who at Upsize magazine and how to reach us.
HIRING Save money by utilizing a consistent hiring process
Postmaster: Send address changes to Upsize Minnesota, PO Box 23238, Richfield, MN 55423-0238
FEATURE The unemployment count has stabilized and companies are hiring. What are they learning in the process?
by Erin Mies, People Spark Consulting
PAGE 22
PAGE 8
Reid and Jessica Lutter took Podiumwear Custom Sports Apparel into the nearly infinite soccer market a few years ago with solid growth and lessons learned as a result
HUMAN RESOURCES Upsize Minnesota (USPS 024-029) is published bi-monthly by Broad Axe Media, 2908 W 71 1/2 St., Richfield, MN 55423. Periodicals postage paid at St. Paul, MN and additional mailing offices.
PAGE 18
Create mistake-proof human resources systems by Bill Egan, Avisen Legal
CATCHING UP:
PAGE 28 PAGE 10
BACK PAGE
Consider business interruption insurance to minimize your risk
Two local attorneys were tapped to re-write the American Bar Association’s “What is a Trademark” book
INSURANCE by Tim Gallagher, Marsh & McMcLennan Agency LLC
PAGE 12
MANAGEMENT Have a plan for continuing your work when you can’t meet in person by Kim Brown, JNBA Financial Advisors
You have big dreams, We have solutions.
"With banking solutions tailored to you and a team of seasoned professionals, we provide you community-focused customer service. We pride ourselves on relationships we have cultivated with our existing customers and feel honored by the strength of our referral networks," says Bank President, Jon Dolphin. For over 100 years, we have been your locally owned and operated community bank, consistently ranked as a Top 10 SBA Preferred Lender in MN with its SBA 7(a) & 504 loan programs. We are here for you every step of the way.
Adjusting on the fly
FOUNDING PUBLISHER Wes Bergstrom
EDITOR AND PUBLISHER Andrew Tellijohn atellijohn@upsizemag.com
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DESIGN DIRECTOR Jonathan Hankin jhankin@upsizemag.com
CHIEF FINANCIAL OFFICER Dan O’Connell dano@upsizemag.com
PHOTOGRAPHER
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HOW TO REACH US To subscribe visit www.upsizemag.com/subscribe With story ideas email Andrew Tellijohn, atellijohn@upsizemag.com To advertise email Andrew Tellijohn, atellijohn@upsizemag.com To order reprints email Jonathan Hankin, jhankin@upsizemag.com To order extra or back issues email Jonathan Hankin, jhankin@upsizemag.com To suggest Web resource links, links@upsizemag.com
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Main: 612.827.5290 www.upsizemag.com © 2021 Upsize Minnesota Inc. all rights reserved
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UPSIZE MAY • JUNE 2021
W
hen the ink dried on our group’s deal to acquire Upsize earlier this year and I started making editorial plans, I initially intended for the cover story in this human resources-focused issue to be about creating systems. It’s not a sexy topic, but it’s an important one that probably doesn’t see the light of day as much as it should. Plus, as a first-time business owner myself, I figured I could use a quick brush up on what I need to be focusing on in my own early days. But when I read the words of Tyler Arvig, medical director at R3 Continuum, in his submitted article in the March/April issue of Upsize, I realized a change, err, I guess that’s a pivot, in this day and age, was in order. “One in six employees feels supported by their employers,” Arvig wrote. “Most employees report struggling mentally during this time,” he added, citing a recent Oracle study. Perhaps most frighteningly, “current employer-sponsored solutions don’t meet the needs of today’s workplace.” I wanted to hear more. Hence was born this issue’s cover story, how small businesses can make sure they are helping employees wrestle with whatever mental health challenges arise during times like these. In an interview for this issue, Arvig says a lot of the steps companies should be taking aren’t all that hard. Check in with workers on a regular basis. Ask them how they are doing — and mean it, don’t just take “I’m fine” at face value. Know not just of your employee assistance program’s existence, but also a few details about the benefits employees can get from the program, should they decide to utilize it. They’re not difficult steps to take. They do take some commitment, but it can be done, as shown by the handful of folks who spoke with me about the recommendations, strategies and steps they utilized to make sure their
employees were doing alright through this last year of sudden turns and rocky ups and downs. Best yet, adds Jaime Taets from the Keystone Group, done correctly and genuinely, communicating with employees and truly caring how they are doing can build much deeper loyalty. And where your small businesses and mine might not be able to compete with larger, more resourced companies on the basis of the size of workers’ paychecks, you actually have the advantage of nimbleness when it comes to putting these practices into action. I know these aren’t the only companies taking care of employees or doing other things really well. If you think your small business has done something extraordinary, be it how you’ve handled helping employees through the last year or on some other “how-to” issue that hasn’t yet made the magazine or our website, get in touch. I want to hear more. Thank you. Andrew Tellijohn Editor and Publisher Upsize Minnesota atellijohn@upsizemag.com
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hiring
BUSINESS BUILDERS
Don’t just hire, do it right by Erin Mies
TIPS 1. Know your needs. Make sure you have a clear understanding of what you are looking for in the position for which you are interviewing. 2. Use a consistent set of questions across interviews so you are using the same measuring stick for all candidates contending for a role. 3. Use a phone screening as your first step in the process to determine which candidates you want to spend more time interviewing. 4. Ask behavior-based interview questions to find out how candidates might handle situations relevant and important to your business. 5. Each bad hire a company makes costs nearly $15,000.
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UPSIZE MAY • JUNE 2021
In many ways it feels like yesterday, and yet it also feels like years ago that we were fielding questions from some of our clients about how difficult it’s been to find candidates — not even great candidates — just candidates in general for their open roles. And yet, 2020 happened and much of that has changed. To an extent. The unemployment rates spiked, but now have started to settle. Businesses have started to hire again, and job posting numbers are going up. That said, when we’ve had to rush-rush-rush just to get a candidate and then rush-rush-rush to make an offer, chances are we didn’t have much of a process in place because of the scarcity of available talent. Whether you’ve been in business for a while, or are just getting started, having a consistent hiring process not only helps you make better hiring decisions, but it can also save you time and money. Did you know that the average cost (across industries) of a bad hire is $14,900? And the worst part? That is PER bad hire. What can we do? Let’s start with a basic, consistent process. One that is easily repeatable and that you can put into place today (and follows our mantra of being simple and practical). • • • • • •
Know your needs. Post the role (where your ideal employees can see it). Screen resumes. Phone screen candidates consistently. Conduct on-site or virtual interviews (using behavior-based interview questions). Make your decision. Make the offer (and be sure to turn down your other candidates).
We’ll focus on three of these steps we frequently see business owners miss:
1. Know your needs If you’ve had the feeling of “I need to hire someone ... yesterday,” then you understand the pressure. You’re doing all the things in your business, and you know you need help. The easiest thing to do is start thinking about who you know. I get it. I’ve done the same thing. The problem with this? If you don’t end up really accounting for what you need in the role and stop being focused on who, then you might end up hurting both your business and that relationship. You don’t need a super-fancy job description, but you do need a clear understanding of what things you want this role to do. Answer some of these questions as you think about it: • • • •
What does success look like for someone in this role? What will have to happen in this role for me to consider the person successful? What are the key responsibilities of this role? What types of decisions will this role be responsible for?
2. Phone screen candidates consistently. In a recent training we facilitated, we asked, “Why is it important to ask consistent questions of candidates in a phone screen or in-person interivew?” One of the best answers I’ve heard in a long time came up: “So you’re using the same measuring stick for all candidates.” Yes, that is exactly it! When you ask a consistent set of questions that are related to your company values and the job responsibilities, it also helps you more clearly identify what answers are stronger and which are not. Phone screens don’t need to be complicated. They might include three or four key questions that you ask each candidate: •
Experience: Tell me about your
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• •
experience as it relates to this position. Experience / Interest: Tell me about why you’re interested in this position/company. Values-Based: It’s important for our employees to (insert your own value — for instance, teamwork) work effectively with one another in order to meet our customer needs. Tell me about a time when you had a team member not pulling their weight on a team. What was the situation? What actions did you take? What happened as a result?
The intent of the phone screen is to identify what candidates you want to further interview — which means investing more of your own time in the process. Not every candidate is going to be strong enough to move onto the next step — and that is exactly what we want the phone screen to help us figure out. On a phone screen and know you won’t be moving forward? That’s fine. Here’s your close for most of your phone interviews: “Thank you for taking the time to meet with me today. We are speaking to a number of candidates over the next several days. We expect to notify all candidates whether they are moving forward in the process by [date]. Thank you.” 3. Conduct on-site or virtual interviews (using behaviorbased interview questions) Your on-site or virtual interviews will also use consistent questions, based on the role. Ask candidates the same questions so, again, you’re using the same measuring stick. These are the “tell me about a time when …” questions. These help you uncover experiences the candidate has actually
had, not what they should or could do in a more hypothetical way. Think about it — we all know what we should do in a situation. That doesn’t mean we’ve necessarily done that. That’s what we’re trying to uncover. Behavior-based interview questions don’t have to be intimidating. Start with expectations of the role and the values and behaviors that are important to you in your business. If it’s important that someone knows how to learn your computer software/customer relationship management in a hurry, your question may sound like this: “It’s important for this employee to learn and get comfortable with our technology quickly so they can best serve our customers. Tell me about a time when you had to learn a new system quickly. What was the situation? What actions did you take? What were the results?” You’ll see I ask the same follow-up questions in behavior-based interviews: What was the situation? What actions did you take? What were the results? These follow-up questions keep the discussion focused on the behavior/experience at hand and keeps me from going down a rabbit hole not necessarily related to the question. It also helps guide the candidate through to provide me with the information I need in the interview. The best thing you can do is create your basic outline for your recruiting and interviewing process. What are your three or four questions that will be asked on all phone screens? What are the core questions you ask in your in-person/virtual interviews? You can always tailor and customize based on the differences in job responsibilities, but starting with a consistent core helps you make sure you’re using the same measuring stick with all candidates.
“ Whether you’ve been in business for a while, or are just getting started, having a consistent hiring process in place not only can help you make better hiring decisions, but it can also save you time and money.” Erin Mies People Spark Consulting
Erin Mies is co-founder of People Spark Consulting: 937.206.9306; erin@peoplesparkconsulting.com; www.peoplesparkconsulting.com.
www.upsizemag.com
MAY • JUNE 2021 UPSIZE
7
human resources
BUSINESS BUILDERS
Creating mistake-proof human resource systems by Bill Egan
TIPS 1. Provide prospective hires a copy of noncompete agreements and make signing a condition of employment, otherwise they will not be enforceable. 2. Penalties for misclassification of workers as independent contractors can be daunting. Eligibility for such a classification is governed by state and federal law, not the discretion of a business. 3. Consequences for misclassifying exempt and nonexempt workers can be equally harsh. Follow the guidance of the Fair Labor Standards Act. 4. Address and document an employee’s performance and behavioral concerns prior to terminating them. 5. If something seems amiss, it might be time to call your lawyer, who can help ensure situations are handled properly and in a timely manner.
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UPSIZE MAY • JUNE 2021
“I wish I had known that.” For those of us practicing employment law, this is an all-too-common client response. Usually, it comes after an employee has quit or was terminated and the employer finds out there was a problem. Unfortunately, by the time the employer knows a former employee is threatening to sue, the damage has been done. Early risk management by employers goes a long way toward avoiding future claims. Here are some of the more common mistakes we see as employment lawyers in our day-to-day work, and what you can do to create solid, mistake-proof human resources practices. Untimely execution of noncompete and non-solicitation agreements The most fundamental tenet of contract law is that a valid, enforceable contract requires proof of an offer, acceptance and consideration. For example, an employer will pay you “this” salary in exchange for your performance of “that” job. Many employers require employees to sign confidentiality, non-compete and non-solicitation agreements as a condition of employment. Minnesota employers must provide prospective hires a copy of the noncompete agreement and make it a condition of employment so the agreement will be enforceable. If an employee is asked to sign a confidentiality or noncompete agreement after the offer has been made and accepted, under Minnesota law, the noncompete agreement will be unenforceable. Misclassifying workers as independent contractors “We’ll just make them independent contractors.” A common misconception in the startup world is that a business has discretion to determine whether to make a service provider an employee or an independent contractor. A service provider may prefer the freedom that comes with independent contractor status. An employer may not be quite ready to make the commitment required to enter a formal employment
relationship. Unfortunately, federal and state governments have a different perspective and employers must understand that independent contractors: • Are not entitled to employee benefits • Are not covered by worker’s compensation unless they have their own policies • Are not protected by fair employment practices laws and regulations • Are not entitled to mandatory family medical and other forms of leave • Are not entitled to overtime or minimum wage as mandated by the Fair Labor Standards Act (FLSA) • Must pay their own federal, state, FICA and Medicare costs • Must have independent expertise that doesn’t require direct management of their work The penalties for misclassification of workers as independent contractors can be daunting. Misclassification can even be considered a crime. Excluding workers from employee welfare and retirement plans can carry stiff administrative penalties and may jeopardize the tax-exempt status of those plans. Penalties and fines may be levied against businesses that have: • Improperly classified a worker as an independent contractor • Failed to withhold state and federal payroll taxes • Failed to pay the employer’s share of Social Security and Medicare • Failed to pay unemployment compensation taxes The best current guidance on independent contractor classification is from the U.S. Department of Labor. Under its new rule, the most important factors to take into consideration are: • Whether the service provider has control over the work • The extent of the provider’s opportunity for profit or loss • The amount of skill required for the
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work • The degree of permanence of the working relationship Misclassifying non-exempt employees as exempt As is the case with independent contractors, employers do not have the luxury of determining who is and who is not an exempt employee. The two primary differences: • Exempt employees are paid on salary — This status carries fewer administrative compliance and bookkeeping requirements and is often seen as an attractive by employers and employees. • Non-exempt employees are paid hourly — There are time-keeping requirements and payment of overtime is required for non-exempt employees. The Department of Labor publishes detailed guidelines on how to determine whether a position may be classified as exempt under the FLSA. Consequences to employers of misclassifying employees Proper classification of employees at the outset of employment is essential. Misclassified employees are entitled to unpaid overtime and in rare circumstances, doubling of the underpaid amount and attorney’s fees. If the employee brings a misclassification claim, that claim cannot be settled without the approval of the U.S. Department of Labor or a United States District Court judge. Address and document performance and behavioral concerns prior to termination The vast majority of employees are at-will employees, and therefore may be terminated by the employer at any time and for any reason not prohibited by law. So, why the need for documentation? There are a few important reasons:
• Evidence of employee notification — Documentation is evidence that the employee was notified of the employer’s concerns regarding the employee’s performance or behavior and had an opportunity to take the corrective action needed to meet the employer’s expectations. • Evidence if the employee sues Lack of documentation provides the opportunity for employees and their attorneys to draw inferences that, in fact, a termination decision was not based on performance or behavior, but on some other reason, such as discrimination or illegal retaliation. • Employee perception of their performance — Employees rarely see their own performance or behavior as problematic. Documentation provides tangible evidence that the employer does not share the employee’s self-assessment and that the employer has treated the employee fairly by giving the employee the opportunity to improve and meet the employer’s expectations. • Lawsuit protection — Very often, a well-documented employee file discourages employees and their attorneys from proceeding with a claim. Know when to call an attorney Legal issues that arise in the workplace can be efficiently addressed with early action and involvement of an employment lawyer, often through a couple short phone calls. If something seems amiss with an employee and you feel the need to act, call your attorney to vet the situation. In most cases, you can proceed as you see fit, but there will be times when the attorney will say, “You can’t do that now, do this first.” In the end, you will be happy you did.
“ Legal issues that arise in the workplace can be efficiently addressed with early action and involvement of an employment lawyer, often through a couple of short phone calls.” Bill Egan Avisen Legal
Bill Egan is an attorney at Avisen Legal: 612.455.3974; began@avisenlegal.com; www.avisenlegal.com.
www.upsizemag.com
MAY • JUNE 2021 UPSIZE
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insurance
BUSINESS BUILDERS
Business interrupted: make sure you’re covered by Tim Gallagher
TIPS 1. Business interruption insurance provides income to a business in the event income is lost as a result of a disaster. 2. Think through a plan that considers your risk and identifies best practices for managing that risk. 3. Insurance is important, but businesses should proactively manage for risk by, for example, having alternative ways to conduct business, if possible. 4. Business interruption coverage is generally restricted to physical loss or damage to the property covered under the policy, with COVID-19-related claims largely having been denied because the virus did not constitute a physical loss or damage. 5. Congress may create a risksharing approach, much as it did after the September 11, 2001 attacks, for pandemic-related coverage going forward. This could spread risk among policy holders, the insurance industry and the federal government.
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UPSIZE MAY • JUNE 2021
Between the pandemic and civil unrest, the past year has been tough for our communities, workers and businesses. Thousands of companies have faced closures and restrictions, or experienced disruption and destruction. For businesses experiencing loss of income, or fearing further disruptions, what does interruption insurance have to offer? The answer depends on what risks a business faces, what kind of coverage they buy, and whether purchasing coverage makes economic sense. “Business interruption insurance” is commonly referred to as “business income coverage,” because it provides income to a business in the event income is lost as a result of a disaster. Business income coverage is offered by almost all property and casualty insurance companies, and it is usually written in conjunction with the property insurance coverage provided to a business owner. The simple formula for business income coverage is net income plus continuing expenses – business expenses that do not stop simply because the business is not in operation, including rent, loan payments, taxes and even employee wages. Many business interruption policies include additional coverage for extra expenses, such as advertising costs to inform customers of the interruption, or the cost to rent temporary locations to run partial operations.
A critical aspect of coverage is what percentage of business income is covered, as that is determined by the language of the policy. Another vital consideration is duration of coverage. This usually runs from the date of loss to the end of the interruption of the business, which is commonly defined as the date the damaged property has been repaired or replaced. The standard business interruption policy provides an additional 30 days of payments beyond the repair or replacement date, but additional coverage may be offered by some insurance companies — up to 360 days of extended period of indemnity. Typical deductibles, or waiting periods, are 48 to 72 hours. This is the amount of time the business must be interrupted before coverage will apply. Business interruption coverage is generally restricted to physical loss or damage to the property covered under the policy. Virus- or COVID19-related claims have largely been denied by insurance carriers under the premise that the presence or threat of the existence of the virus did not constitute a physical loss or damage. Many cases are being litigated in various jurisdictions. To date, the denials of coverage have largely stood. Business interruption policies can specifically exclude pandemic coverage — though pandemic coverage can be purchased separately.
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Should my business purchase interruption insurance? Nearly 40% of businesses fail to reopen following a natural disaster, according to estimates by the Federal Emergency Management Agency (FEMA). And nearly 20% of businesses suffer some kind of disruption every year, with one in four of these failing to reopen. Standard property policies provide coverage for numerous perils including fire, wind or hail, theft, burst pipes, vandalism, strikes and riots. However, additional exposures to loss may require additional coverage endorsements that need to be purchased. These include flood and earthquake coverage, depending on where a business is located. Another risk to consider is utilities. Is the business reliant on overhead powerlines in its manufacturing operation? If so, additional riders would need to be purchased to cover this peril. What about mechanical breakdown? This is a peril that is a standard exclusion on a property policy. Manufacturing firms that rely on specialized equipment are especially exposed to losses in this area. It’s critical for every business to think through a plan that considers risk and identifies best practices for managing that risk. Insurance is an important part of this, but equally important is proactively managing for risk, such as having alternative ways to conduct business, if possible, when a business facility is damaged or destroyed. Examples include e-
commerce or takeout and delivery; serving a market through unaffected facilities; and being able to switch to a work-from-home mode. For manufacturers, it may mean having contingency plans in place to outsource production. Pandemic Coverage Finally, some businesses may want to consider pandemic coverage. We all hope the pandemic’s impact will lessen under the influence of mass vaccinations, but experts like the University of Minnesota’s Dr. Michael Osterholm warn that the variants may continue to wreak havoc on us. Pandemic coverage is expensive, but can make sense for businesses at heightened risk — such as chicken or hog producers. For most businesses, gaining pandemic coverage may await action by Congress to create a risk-sharing approach — like the one developed for terrorism attacks after September that combines risk sharing by policy holders, the insurance industry, and the federal government. Considering the wide-ranging impact and cost of the pandemic, and the ongoing and future risks to businesses, this may be the best, and most timely way to provide relief.
“ It’s critical for every business to think through a plan that considers risk and identifies best practices for managing that risk.” Tim Gallagher Marsh & McLennan Agency LLC
Tim Gallagher is senior vice president, business insurance middle market for Marsh & McLennan Agency LLC: 763.746.8296; tim.gallagher@MarshMMA.com; www.MarshMMA.com. www.upsizemag.com
MAY • JUNE 2021 UPSIZE
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management
BUSINESS BUILDERS
Navigating change: lessons learned from a pandemic by Kim Brown
TIPS 1. Have a plan in place that outlines how your work would continue if you weren’t able to work together or visit clients in person. 2. Determine what is important and where you want to focus your time and resources. 3. Trust your process. The Entrepreneurial Operating System is one system of concepts, tools and processes that help companies stay structured and on task during times of change. 4. Remember the people you work with are human beings who, outside of whatever is taking place at work, are also dealing with good and bad personal issues away from the office. 5. Change is constant and even the best laid plans will evolve over time.
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UPSIZE MAY • JUNE 2021
“Change is inevitable,” goes the famous saying by author John Maxwell. “Growth is optional.” Rarely has there been a time — in my lifetime, anyway — that this has rung truer. The pandemic has forced us to shift and pivot, whether we like it or not. We’re all dealing with this change in our own way; some are feeling very challenged and discouraged, while others are seeing opportunity for adaptation. A large part of the wealth advisory industry is about helping people navigate change, whether it’s helping investors react to a volatile stock market or being there with a family as they deal with many of life’s most important moments — getting married, retirement, a new baby or the loss of a loved one. My colleagues at JNBA Financial Advisors have relied on those skills over the past year like never before. Throughout, we’ve found that the pandemic has revealed or reinforced several important truths that are critical to navigating change, no matter if it’s in our personal lives, at work or with clients. Having a plan is crucial. Our firm does financial life planning. We’re planners by nature, but like a lot of businesses, we didn’t have a plan specifically designed to respond to a pandemic. We did, however, have a more general crisis plan in place to make sure we could continue our work if we weren’t able to be together. It outlined how we could work remotely, provided guidance on how to stay connected with our clients, staff, and partners and spelled out an emergency call chain. We were able to quickly put an adapted version of that plan into
action. A plan, even one that isn’t all the way there, should be the foundation for everything. Determine what’s most important. The past year has provided a lot of clarity for people around what’s important and where they want to spend their time and resources. “We’ve had some of our clients tell us they found they don’t mind working remotely, so they’re going to put off retirement a little bit longer than they’d anticipated,” says Elise Huston, advisory services manager and leader of JNBA’s Financial Planning Committee. “Others have decided to take early retirement and buy a cabin so they can spend more time with their grandchildren. They tell us, ‘You know what? Life is short. Let’s do it now.’” Trust your process. Our business utilizes the Entrepreneurial Operating System, a system of concepts, tools and processes that helped us to stay on task and on target during this time of dramatic change. It’s given us really useful structures that guide us on how we run meetings, how we keep track of tasks and goals, and how we solve problems. The fact that we had a proven roadmap to follow was a game-changing lifeline during COVID-19. We didn’t have to invent a new response for each new challenge the pandemic threw our way. Eventually, muscle memory takes over and we’re able to spend our energy on more important issues. Don’t forget the human elements. It was important for our team to reframe our processes to make sure we
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could continue to serve our clients as effectively as possible, but it was just as important to ensure we connected as human beings. “Financial planning is very relational, and in turn we are a very relational firm; we spend a lot of time together and we enjoy each other’s company,” Huston says. When the pandemic hit and we were all suddenly working from home, we quickly realized we’d need to try to replicate what it was like when we were all in the office together by adding some fun elements into our Zoom meetings. We started weekly coffee conversations where we’d talk about anything but work. We hosted virtual baby showers, a Fourth of July barbecue, a holiday party — all of which helped us feel more engaged and connected during this difficult period. No matter what change you’re working through, remember that the people on the other end of an email conversation or phone or video call are human too. Embrace evolution. We often tell our clients that a financial plan is a living, breathing document. In or out of a pandemic, change comes so quickly and so frequently even the best-laid plans evolve over time. That’s where it becomes really important to seek opportunities in the chaos. Ask a lot of questions and challenge conventional wisdom. How does an obstacle align with the foundational plan you’ve put together, including your values, goals and objectives? Where are you willing to compromise or completely take a left turn? We assumed our entire team would always come into work every day in a more traditional office setting, but the pandemic is allowing us to take another look at how we
want to use both our physical space and video communication in the future. Rely on others. Don’t feel like you need to make every decision on your own. If you’re a business owner, the decisions you make impact the lives of your employees and clients, which makes it even more important to get multiple perspectives before you act. In our case, we’re very proud of the multi-generational team we’ve assembled, and their skills and unique points of view have contributed in a big way to our firm not only surviving over the past year, but also thriving. As you’re dealing with change, leave space for conversation — whether it’s with a spouse, coworkers, clients or friends. And remember that everybody navigates change differently, with distinct tolerance levels and response time. Choose progress over perfection. Finally, how you act during a time of great change doesn’t need to be 100% perfect. The events over the past year have demonstrated that and helped to humanize each other. We work in an industry that tends to be more structured and formal. But even our client calls and Zooms feature our dogs barking or an occasional kid walking through the background, which often produces a laugh. Sometimes the first thing to do is to simply acknowledge and appreciate that you were able to show up, and then start moving forward, one step at a time.
“ If you’re a business owner, the decisions you make impact the lives of your employees and clients, which makes it even more important to get multiple perspectives before you act.” Kim Brown JNBA Financial Advisors
Please see important disclosure information at https://jnba.com/disclosure.
Kim Brown is president of JNBA Financial Advisors: 952.844.0995; kim.brown@jnba.com; www.jnba.com.
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MAY • JUNE 2021 UPSIZE
13
HARD TIME HELP Communication, caring boost employee mental health through COVID-19
D
uring uncertain times, there may be no such thing as overcommunication. Lakeview Industries employs about 100 employees, 20 in the office and the rest working on the manufacturing floor in shipping and
receiving. It’s a diverse workforce with people from different backgrounds, ethnicities and language skills, says Bryce Segna, chief financial officer of the Carver-based rubber fabrication and molding manufacturer. This created some challenges last March, on top of the basic uncertainties associated with the beginning of the COVID-19 pandemic, he says, adding that especially early on there was a lot of uncertainty and not a lot of answers. “The biggest challenge has been how do we communicate,” he says. “You always have some folks who say ‘I’ve got it, you don’t have to keep telling me.’ And other folks say ‘I want to know more.’ We took the stance when the pandemic first started and we were entering that quarantine lockdown phase one, there was a lot of ‘we don’t know what to tell you.’” Segna acknowledges that the company hasn’t handled everything perfectly. But he adds that staff seems to have embraced their honesty and transparency, along with their willingness to seek out answers to questions. “We made the decision as a management team that we’re going to say what we know and we’re going to be honest about what we don’t know,” he says. “And we’re going to do a daily point of communication for everybody.”
Daily communication, following through
For office staff that had been sent home, that meant a daily phone call that sometimes lasted an hour, sometimes lasted five minutes. The same was true for those who were still working on site. During those calls, they also asked “How are you doing?” pushing for more than the perfunctory “I’m fine.” “Our leaders, we had to be more transparent,” he says, adding that employees and management have done more empathizing,
sharing when they are struggling with balance or acting up kids. And, when problems have arisen, management has tried to be flexible and helpful. The company did what it could to keep people working, pivoting to face shield production instead of shutting down during the pandemic. Lakeview also has modified schedules for employees who had to deal with distance learning challenges. And managers have recommended the company’s employee assistance program more this year than in years past. “I think folks are much more comfortable saying ‘I’m going through something, I need that resource,” Segna says. “I think that’s developed a level of trust within our organization for being able to, when we have work problems we have to discuss, have more safe conversations. We have a relationship. ‘Bryce knows what I’m going through.’ We’ve been able to have better conversations.” Daily communication helped Eagan-based All In One Accounting try to stay aware of employee needs and concerns, as well. All In One has a history of caring for its employees’ wellbeing. It starts at the top. Founder and CEO Heide Olson famously conducts her workday while walking at a treadmill desk and she has provided the same for employees who find it compelling. And not going into the office wasn’t a problem either, as more than 60% of the company’s work was already done remotely. “We love having people in the office,” she says. “It’s great when they are here because we can collaborate, have meetings. I love the vibe, but people don’t have to come in. They have a lot of flexibility.” So, when COVID-19 shutdowns hit, the company was more ready to carry on than most. But that doesn’t mean there weren’t significant challenges. Olson immediately closed the office, allowing everyone to work from home as long as they wished. “My first priority was my team’s safety, and making sure that their health and wellbeing and their families’ health and wellbe-
BY ANDREW TELLIJOHN photographs by Tom Dunn 14
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Lakeview Industries erred on the side of overcommunicating with employees to ensure they knew what was going on and were getting the assistance they needed, says CFO Bryce Segna.
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COVER STORY Left: Jaime Taets, CEO of the Keystone Group, says helping employees through these times can build company loyalty. Right: All In One Accounting conducted regular staff meetings with leadership present to provide information and help employees deal with difficulties associated with COVID
ing were covered,” she says, adding that for three months she was the only person in the office. She went into ultra-communication mode. Leadership huddled daily and management met weekly with accountants and controllers with that leadership group present, making sure all 55 employees were checked in on and letting them know that despite the challenges — All in One’s business took a 25% hit for the year — she had never laid anyone off and had no plans to start. “It was a chance for all of us to be together,” she says. “Having leadership there made a big difference.” As Paycheck Protection Program loans started rolling out, the staff was working tirelessly to help clients, but also dealing with the stresses of distance learning and having children at home, creating balance issues. “It was a really intense time,” she says. “People were having not only physical concerns, but mental concerns. Mentally it was challenging for our team.” Then, when civil unrest following the death of George Floyd at the hands of then-Minneapolis police officer Derek Chauvin took hold during the spring, some employees whose spouses are police officers added yet another stressor. The company adapted work schedules or reduced hours for some, offered leaves of absence for other.
CONTACT: TYLER ARVIG is associate medical director at R3 Continuum: 952.927.0184; tyler.arvig@r3c.com; www.r3c.com. HEIDE OLSON is CEO and founder of All In One Accounting: 651.289.7660; Heidi.olson@allinoneaccounting.com; www.allinoneaccounting.com. BRYCE SEGNA is chief financial officer at Lakeview Industries: 952.368.3500; bsegna@lakeviewindustries.com; www.lakeviewindustries.com. JAIME TAETS is CEO of the Keystone Group: 952.666.2531; jaime@keystonegroupintl.com; www.keystonegroupintl.com.
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“There was a lot happening,” she says. “We just continued to support our team from a mental health standpoint, a physical health standpoint, what do you need to survive right now. We really just supported whatever it was they needed.”
Not rocket science
Tyler Arvig, medical director at R3 Continuum, has been wrestling with these challenges himself. His wife is a special ed teacher and has responsibilities with her school, so distance learning with his pre-teen son has largely fallen into his hands. So, he knows firsthand the struggles his employees and clients have faced the last year. “I am definitely not a teacher,” he says. Arvig says companies need to acknowledge those feelings with their employees these days as part of their daily existence. And, they need to know that there is more to come. As the pandemic restrictions subside, going back into the office is going to create anxiety for some employees. Be ready to deal with that, he adds. Make sure employees are checked in with and feeling supported. It can be challenging — managers, he says, typically are promoted because they are good at their jobs, not because they have extensive training on mental health management. “We’re so used to focusing on helping our employees with the work we don’t often think about those other pieces,” he says. “Prior to the past 12 to 18 months, I wasn’t very involved in my employees’ personal lives. But now that they’ve been working from home, trying to balance work and a personal life, there’s not really a firm boundary there anymore.” But the steps — checking in, making sure employees feel comfortable being honest about how they are doing, providing them with some resources for help if they need it — aren’t terribly difficult with some foresight. “None of this stuff is overly difficult or rocket science,” he says. And it can be mutually beneficial. A struggling employee is going to be less productive and contribute less to the bottom line. But, Arvig says, an employee who receives some help and who feels cared for may become more loyal.
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COVER STORY It may be better being small
While large companies may arguably have a larger toolbox of resources, it might actually be easier for small businesses to do this well because they’re more flexible and capable of checking in with employees frequently. Managers and C-level employees need to know what resources are available, but should also know some of the details so they can pass them along. EAPs usually are available, but they are rarely utilized. Make it a priority. “Even though they might not have the breadth of resources of a multi-thousand employee population company, there are more personal relationships there,” Arvig says. “That can really help with this process, as well.”
Truly caring builds loyalty
Companies that truly do a good job of taking on that communication and understanding of their employees’ emotional and mental health needs during difficult times can really deepen those relationships for the long-term, says Jaime Taets, CEO of the Keystone Group. She agrees that checking in with employees is a must, but adds that when done right, it can become a competitive advantage. Create an open dialogue. Hold employee focus groups. Really, truly listen. During a time like this, if you can show them you care about their basic human needs, such as certainty, significance and growth, you can build loyalty that will pay off in the future, she says. Keep in mind, she says, that in addition to the uncertainties brought on by a global pandemic, they, to an extent, lost their identities. If you take the time to give them some sense of that back, they can become your brand ambassadors. “People have been robbed of conferences, certifications, new projects they wanted to work on, a lot of these things we didn’t realize as humans actually kept us going,” she says. “Leaders need to figure out a way to help their people with that in a virtual environment, or even as we come back to the office.” Small businesses usually can’t compete with larger employers on pay, but in a time where seven of 10 workers are looking for new jobs, they can create a culture that attracts or keeps people by making them feel cared about. “I don’t care if you are a team of five, if you engage them and do the right things,” she says. “As a small business you have to.”
Lasting impact
Lakeview’s Segna hopes and believes that while the pandemic has been hugely challenging, the strategic decision to be transparent and communicative is here to stay. The company just went through a move and management intentionally made the decision to seek a building with a wall of windows where management could see those on the floor and
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Management and employees at manufacturer Lakeview Industries spoke daily, whether in person or on a video call to ensure all their needs were being met.
floor employees could see management. The company used to be resistant to change. And, while it might like a respite from pandemic-induced upheaval, it’s a better company for having gone through some of the challenges. “Even if we tried to go back to communicating less often,” he says, “people would be saying ‘what the heck?’ Our employees are the best. I’d put ours up against anybody else’s.”
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ALL ABOARD Hiring during pandemic sets businesses up for rapid recovery
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fter several years of low rates, the COVID-19 pandemic and accompanying recession skyrocketed unemployment. But not everyone was cutting staff. Whether due to being in a high-demand industry or using the foresight to plan ahead for the eventual recovery, some companies have either been hiring all along or have recently started doing so. While far from 2019 levels of employment stability, Minnesota gained back more than half of the jobs it lost due to the pandemic, as of midApril, according to the Minnesota Department of Employment and Economic Development. “It’s good to see Minnesota’s job growth reach its highest levels since the beginning of the pandemic,” Commissioner Steve Grove said at the time. “But we still have a long way to go.”
ended up doing, which we’d never done to that degree before, was we had opportunity hires.” While he says many of his competitors are just starting to look at hiring new people now, SkyWater already hired a handful of new people Rakos says are among the best in the industry. Additionally, the company added human resources and legal practices. And it’s paying off. After a year of struggle and adjustment, the company recently celebrated a record first quarter. “The impact it’s had on our business has been unbelievable,” Rakos says. “We are better now, at the year anniversary of the recession, we are a better per-desk recruiter than we were a year ago.” That was the goal when the company decided to seek out its new employees early. “We know it’s going to end, it’s just not going Kurt Rakos, SkyWaterSearch to be a fun 12-month period,” Rakos says of the Search firm sought workers Long way to go or not, an aggressive approach pandemic. “But it’s going to be a great year.” to hiring in 2020 has helped one executive search firm start off strong in 2021. Great time to hire When COVID-19 hit, unemployment skyrocketed and the Sometimes it takes some gumption to buck negative trends economy began recessing, Kurt Rakos knew what was going and hire when the opportunity presents itself. At other times, to happen next. The partner at SkyWater Search Partners has companies end up being in the right industry at the right time. been through three recessions with this company and four in One SkyWater client that sells capital equipment used the industry. He knew the company would lose 15% to 20% of to move mulch, sand, salt and other heavy products had a its revenue and 10% to 15% of its employees. great year because during the lockdown people were actually But in 2020, unlike in previous recessions, the company got around their houses. aggressive. The executive search firm started searching for “They were incredibly busy,” Rakos says. “People were stuck strategic additions for its own staff. at their home and doing landscaping projects and doing things “I’m not going to say it was a strategy,” he says. “What we they wouldn’t have had time to do or wouldn’t have noticed they
by Andrew Tellijohn 18
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FEATURE: HIRING
should do because they weren’t around their house enough.” Another such example was Talking Talent, a consulting and coaching firm headquartered in the United Kingdom with a virtual presence across the U.S. The company’s CEO Teresa Hopke, who is based in the Twin Cities, says the early days of the pandemic were hard and the company did lay off two staff members. But as the summer unfolded, families were trying to sort out the challenges of doing distance learning with children while working from home. And, then, civil unrest exploded nationwide following the death of George Floyd at the hands of then-Minneapolis police officer Derek Chauvin. Talking Talent does diversity and inclusion consulting and coaching, women’s leadership training and coaching for working parents, all areas that hit hotspots during part or all of 2020 and early 2021. “Those are things that have been very popular and needed during this time,” she says. “We’ve been fortunate to benefit from the pandemic in that way.” So, in late summer and early fall, after a period of introspection, looking at where the company was going, Talking Talent began hiring. “It was a good opportunity to make sure we have the right talent in place,” she says. “It’s such a good time to hire, because there are so many good people available in the market.” For a couple of high-ranking positions, the company partnered with an agency. For the rest, posting to Indeed.com generated hundreds of applications. “We’ve had great candidates to choose from,” she says. “It’s really a great time to hire.” Some of those options were people who went through layoffs. Others were simply at a crossroad. “I think there are a lot of people who have reevaluated their
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Top: Immune-boosting juice company So Good So You has been hiring throughout the pandemic as demand grew for its immunity shots. Above: SkyWater Search Partners accepted that 2020 would be a tough year but added a handful of industry leading employees in order to ready itself to come back in 2021.
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FEATURE: HIRING life and their career and are making different choices,” Hopke Unskilled labor harder to find says. “They’re going after things they are really passionate While some growing companies have the pick of the market, about and that they want to do and not taking just any old others are finding it challenging to hire. job now. I think we were able to find people who were really So Good So You has been able to fill most of its needs, includaligned with our company and who are excited about what ing hiring some mid-career experienced manager level supervithey are going to be doing.” sors since the pandemic hit. Katona says the candidate pool for those roles was similar to what it has been in the past. Different kind of pool Some of the company’s suppliers, however, are having trouImmune-boosting juice company So Good So You was ble filling some lower-skilled roles. already growing at a triple-digit pace before COVID-19 hit and “Thankfully we made the choice to automate our manufacthe pandemic has only seen that grow. turing in a big way right at the beginning of the pandemic,” she The manufacturer of probiotic juice shots offers several says. immunity shots that support consumer health. Katona and Dipesh Patel, president and CEO of Postmatic, “The pandemic has boosted our business and it’s been a both believe the extension of unemployment benefits has lasting boost,” says Rita Katona, chief brand and innovation produced the unintended consequence of keeping at home officer, co-founder and board chair. “We’ve had a steady many workers who would otherwise fill unskilled positions. increase in demand that has held for 15-plus months.” “That is our biggest challenge,” Patel says. “How do you inTo support the growth, So Good So You has hired 17 people centivize them to do work and get paid slightly the same. There since the pandemic started and will soon hit 40 employees. are options – either staying where they are at or just not doing The hires have been across a range of roles, from low-skill, anything. That is an option.” Since 1972, Postmatic has manufactured products that supentry-level manufacturing production team roles to executive port the direct mail industry, such as a stamp affixing product level positions heading up sales and marketing. that led to its founding. With more people staying home, he On the executive side, there has been a shift in the labor says there is more demand for direct mail, increasing the demarket in that we are getting candidates applying from outside the Twin Cities, she says. “We are getting candidates mand for his products. Patel has now started investing in new equipment aimed at from all over the U.S., which has allowed us to open recruiting improving manufacturing capabilities and creating the next to a larger group of candidates.” That might work in some areas, such as sales, where it generation of equipment. He’s looking for an engineer to supcan make sense to have a network outside the state. For port that research. the marketing team and most other roles, Katona says the Whether they are a fit for Postmatic or not, he is finding plencompany culture still involves in-person activity. ty of candidates for more skilled labor positions. “Even if we are not working from the office we do try to “Depending on what that career path is for individuals … get together pretty frequently,” she says. “It’s important for finding the right fit is an ongoing hunt,” Patel says. us to build a culture based on live interactions we can have as For the lesser-skilled roles, he’s having to explore options a team. It’s not really changing things for us in a meaningful such as automation, which would reduce the touchpoints necway.” essary for manufacturing the products. “You have to get creative,” he says. “It’s hard to determine when this is going to come back to normal where we are going to start seeing folks in the market and wanting to find jobs.” CONTACT: So, regardless of the skill level required at any given time, TERESA HOPKE is CEO of Talking Talent Inc.: 612.210.3803; there are always going to be challenges to ensuring that compateresa.hopke@talking-talent.com; www.talking-talent.com. nies make positive hires. “It’s hard,” he says, “to find the right folks.” RITA KATONA is chief brand and innovation officer, co-founder and board chair at So Good So You: www.sogoodsoyou.com. DIPESH PATEL is president and CEO of Postmatic: 763.784.6046; info@postmatic.net; www.postmatic.net. KURT RAKOS is a partner at SkyWater Search Partners: 952.767.9000; krakos@skywatersearch.com; www.skywatersearch.com.
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HOW TO REACH THOUSANDS OF BUSINESS OWNERS TOO BUSY TO TAKE YOUR CALLS It’s tough getting in touch with business owners, especially when they’re hands-on managers of growing companies. That’s exactly who Upsize readers are. They run small, growing companies. They look to the how-to format for products, services and growth ideas, and they look to the ads for the means to achieve them. When you advertise in UPSIZE MINNESOTA, you’ll reach business owners and managers who are busy seeking the goods and services your firm can provide. For more information, email Andrew Tellijohn at atellijohn@upsizemag.com or call 612.827.5290
catching up by Andrew Tellijohn
Podiumwear seeing steady growth after soccer market entry
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hen Upsize visited with St. Paul-based Podiumwear Custom Sports Apparel in 2016, the company was making customized apparel for cross-country skiing and cycling, sports in which its owners, Reid and Jessica Lutter, participated. The company still works with Minnesota’s own Jessie Diggins, who in 2020 won the cross-country skiing World Cup title. That market is still growing, albeit incrementally. Cycling remains strong as well, as clubs in 30 states wear the company’s apparel. But shortly after that article ran, the company got into the comparably limitless worldwide market of soccer, launching the line with the huge St. Paul Blackhawks youth program. “That’s largely driven our growth the last three years,” says Reid, the company’s CEO and founder. And that’s likely to continue, he says, as compared with the shorter seasons and more limited reach for skiing and cycling, soccer is played across the country, year-round. “When the weather gets nasty outside, they take it inside,” he says. 22
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the old way where you go to a sports store and you try something on and then they slap a big huge vinyl thing on the back that when you sweat in Minnesota summers is awful and then it starts peeling off at the end of the summer. We were like, ‘we can do this better.’” Better, for Podiumwear, can take a bit longer. The company spends time talking with team representatives who may have a specific idea for what they’d like to see in a uniform or may have nothing more than a quick sketch on a napkin. “We want to make this custom process your own,” Reid says. “It doesn’t mean we can’t make a ton of uniforms Entering the soccer market and make them really fast. What it Jessica, Reid’s wife and means is we’re not going to rush that Podiumwear’s marketing director, and design process.” their children all played Blackhawks Custom comes with some chaland, as their kids’ teams ordered the lenges, not the least of which is that same old uniforms from the same old people aren’t used to it, so they can stores, they recognized that market find it intimidating. Podiumwear was “ripe for disruption,” Reid says. wants to make it fun because, espe“Podiumwear’s job is to make cially for kids, it’s part of shaping the custom easy. It’s to make ordering lessons, memories and experiences uniforms fun and to design a beautiful that come with playing sports. product that you’re going to be proud “We know how to make it easy of,” he says. “They were still doing it for them and kind of take away the www.upsizemag.com
Podiumwear makes custom uniforms for cycling, skiing and soccer teams designed to make them feel like superheroes
stress,” he says. “When they get their new uniform, they’re like a superhero who just pulled on their outfit. Superman just opened his cape and got his brand-new kit. That’s what we see whenever we introduce a new soccer jersey.” In the end, he says, the team ends up with something more meaningful to its players than Adidas stripes accompanied by a little logo. “We really want it to be fun for customers so they are excited about wearing a design that represents their team identity,” Reid adds.
Podiumwear Custom Sports Apparel Description: Manufacturer of custom apparel for sports teams and athletes Top Executives: Jessica and Reid Lutter, co-owners. Reid is CEO and founder and Jessica is director of marketing Founded: 2003 Employees: About 50, including sewers working 10 per shift Website: www.podiumwear.com www.upsizemag.com
That new line has produced about a dozen clients so far, but the Lutters expect that could grow quite a bit in the years to come, as the sport continues to gain popularity in the U.S. The company just inked a deal with Soccer Youth All-American Series, a nationwide series of camps, where kids will wear Podiumwear gear, getting the product in front of many more eyes. Reid acknowledges that there’s more competition in the soccer market from well-known brands like Nike, Adidas and Under Armour, but he adds that when it comes to smaller leagues, those companies don’t excel at providing custom products. “That’s not really what they care about,” he says. “They care about helping FC Barcelona look good or Manchester City. Our job is to go to the clubs that are providing the vast majority of the soccer playing in the U.S. and say ‘Hey, we can make you look like those guys.’”
“ When they get their new uniform, they’re like a superhero who just pulled on their outfit. Superman just opened his cape and got his brandnew kit. That’s what we see whenever we introduce a new soccer jersey.” — Reid Lutter,
CEO and founder of Podiumwear
Solid, steady growth So, it’s been a few years of solid, steady growth for Podiumwear. It’s come with some lessons learned and some others confirmed. For example, in MAY • JUNE 2021 UPSIZE
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catching up
apparel from. But then the company added a second more customized one- or two-layer mask, as well. Podiumwear typically sells its uniforms through a coach or team organizer, but the company introduced a direct-to-consumer five-pack that, along with a Paycheck Protection Program loan, kept business steady enough to avoid layoffs. Word of Podiumwear produces all its custommouth is typically the company’s made uniforms in its St. Paul facilities best marketing tool for its sports after several meetings with team apparel and that proved true for representatives. masks, as well. Word spread and customers about four years ago that allowed it passed along to other customers “You want a comfortable mask that to expand its production area from 4,000-square-feet to 14,000-square- you can play soccer in, go to Podiumwear,” Jessica says. the company’s early days, Reid and Jes- feet. It might not have been large Mask sales have fallen off in sica stuck with sports they knew well. enough; they’re already getting short recent months, as they can now be They had each played some soccer, of space for storage. and in order to maintain that firsthand Sales have increased from $1.4 mil- found everywhere, but initially, as expertise in the sports in which they lion to more than $2 million the last guidance about their efficacy started coming out, they were harder to produce active wear, they hired some couple years. find. more experienced representatives to “That’s what carried us through help understand “what’s real? What Staying flexible last year,” Reid says. Many of the does a 14-year-old kid need in their Reid also has learned he needs soccer jersey?” sports teams the company made to be flexible. That was never truer But also, as they’ve matured as lead- than in the second quarter of 2020 as uniforms for are comfortable wearers, Reid acknowledges that they’ve COVID-19 hit. ing them during play, he adds. become more flexible in terms of the The company had a strong first “Our biggest client was the Uniproduct lines they’re open to pursuing. quarter, but the pandemic ground versity of Minnesota marching band. “It was a really pivotal moment business to a halt, at least initially. We did hundreds of masks for them when we realized we don’t have to But, quickly, in order to both keep so they could perform in a mask. be pigeonholed by only the sports we the business moving and employees And we’re still seeing those kinds of did,” he says. “Because, in essence, working, the company shifted toward clients.” we’re not selling a uniform, we’re sell- making masks. First Podiumwear ing our company and the experience introduced a medical-grade version those people get with this company.” made from a fabric very different than While they’ve entered this vast new what the company makes its sports soccer market, Podiumwear still has no intentions of outsourcing manuReid and Jessica Lutter are co-owners of Podiumwear Custom Sports Apparel, facturing. The company purchased a a manufacturer of custom apparel for sports teams and athletes in St. Paul: building in the Midway area of St. Paul 651.330.2718; jessica@podiumwear.com; www.podiumwear.com. 24
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computer consulting Intertech
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UPSIZE RESOURCE DIRECTORY LAW FIRM Avisen Legal, PA
MERGERS & ACQUISITIONS Lingate Financial Group
SBA LENDER Highland Bank
Lisa Holter Ankel, shareholder 612.584.3401 www.avisenlegal.com
7575 Golden Valley Road, Suite 100 Minneapolis, MN 55427 763-546-8201 www.Lingate.com Greg Loeschke — Managing Principal
Troy Rosenbrook, President | 952.858.4810 Kim Storey, SBA Lending Manager | 952.858.4590 952.858.4888 | www.highland.bank
We are a boutique business law firm, with 10 highly seasoned and experienced lawyers, who practice with common sense, collaboration and commitment. At Avisen, we bring our deep knowledge of business to the table to assist you with just about any aspect relating to business including the laws that govern how to start, buy, manage or sell any type of business.
Founded in 1945, Lingate Financial Group is a leading provider of lower middle market merger & acquisition advisory services, representing privately held businesses of all types with revenues of $5 – 50 million. Lingate helps business owners with market-based valuations, business sales, mergers, acquisitions, recapitalizations, and internal transitions among family members, partners and management. We get deals done.
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LAW FIRM Winthrop & Weinstine, P.A.
OFFICE FURNITURE All Around Office Installation
SBA LENDER 21st Century Bank
Capella Tower, Suite 3500 225 S. Sixth St. • Minneapolis, MN 55402 Tel: 612.604.6400 • www.winthrop.com
1064 Gervais Ave Maplewood, MN 55109 Office # 651-340-4729 Cell # 651-239-6470
2335 Highway 36 W Suite 202 Roseville, MN 55113 612-372-2178 • www.21stcb.com
Winthrop & Weinstine is a business with a deliberate culture of enterprise and fresh thinking. Our clients have big ideas, and our lawyers help turn those ideas into successful businesses. We represent clients in the early stages of their business in matters such as entity formation, capital raising, employment matters, vendor and customer agreements, and others. We provide counseling as your business grows, and work closely with clients to smooth the path to success.
We are a white-glove, COVID-friendly, fullservice installation company. We install all brands of commercial office furniture, including bathroom partitions, cabinets and counter tops. We also offer carrier services, decommission disposals, relocation services, warehouse storage, brand new installs and reconfigurations.
At 21st Century Bank, we know what it takes for businesses to survive, grow, and prosper in today’s market. For over 100 years, we have been your community partner. A family-owned bank, with expertise in all SBA and conventional lending programs covering all stages of your business. We tailor solutions that respond to your unique business and banking needs.
LEADERSHIP DEVELOPMENT Prouty Project
GROW OR DIE
6385 Old Shady Oak Road, Suite 260 Eden Prairie, MN 55344 952.942.2922 | www.proutyproject.com Kari Baltzer | stretch@proutyproject.com
Move your business forward with investment capital generation, deep-level network connections and strategic refinement consultation from Brimacomb and Associates. We partner with emerging companies and professional services firms to offer unparalleled access to professional resources, executive suites and financing sources.
Our leadership development engagements and cohort-based leadership programs – Prouty L3 and Prouty i•will – link behavior to team performance in your workplace through the lenses of Leading Self, Leading Others and Leading the Business. We focus on STRETCHing participants to lead business within internal and international divisions. Give us a call or stop by.
MARKETING & PRINT SOLUTIONS Allegra — Marketing • Print •Mail STRATEGIC Greater Twin Cities Area SOLUTIONS FOR&YOUR Your local marketing print consultant SUCCESS Arden Hills – 651.484.5000 Whether you need help developing a new marketing campaign, ideas to improve the Blaine –of763.780.0792 effectiveness an existing project or you just want to save time and money, we can help. Allegra is the Eagan – designed 651.645.1224 single source to assist organizations just like yours with: Eden Prairie – 952.835.2720 • Printing Services Minneapolis/Downtown – 612.332.8669 • Signs, Banners, and Posters • Complete Mailing Services St. Paul/Downtown – 651.222.8004 Design Center • Creative • Full Bindery Services Full service marketing & print communication expert. • Web-to-Print Solutions and Trade Show Graphics • Display A one-stop shop, to help you with a high quality project, • Promotional Products more... • Much, much,on delivered time & on budget.
CONTACT YOUR LOCAL ALLEGRA TODAY! 26 UPSIZE MAY • JUNE 2021 FOR QUALITY AND SERVICE YOU CAN TRUST,
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MARKETING
Founded in 1943, Highland Bank is focused on small business lending and is an SBA “Preferred” Lender, making us uniquely qualified to help your business obtain the financing it needs expeditiously. Work directly with the decision-makers who will treat you like a business partner. Member FDIC.
651.484.5000 763.780.0792 651.645.1224
Eden Prairie 952.835.2720 Minneapolis/Downtown 612.332.8669 St. Paul/Downtown 651.222.8004
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www.brimacomb.com 612.803.3169 • rick@brimacomb.com ADVERTISING SECTION
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UPSIZE RESOURCE DIRECTORY SBA LENDER Sunrise Banks
TRANSITION PLANNING KeyeStrategies
WEALTH MANAGEMENT JNBA Financial Advisors
David Reiling, CEO Phone: 651.265.5600 www.sunrisebanks.com Sunrise is headquartered in St. Paul, MN, and has four retail banking branches located in the urban core of Minneapolis and St. Paul. Its primary business lines include: Commercial Lending and Leasing, Relationship Banking, Treasury Management, Prepaid Cards, Fintech Partnerships, New Markets Tax Credits, and Small Business Administration Lending.
Minneapolis, MN Keyestrategies.com 763-350-5563 Julie Keyes, Founder/CEPA
8500 Normandale Lake Blvd., Suite 450 Minneapolis, MN 55437 952.844.0995 www.jnba.com Cärin Viertel, Director of Client Services
“KeyeStrategies LLC advises business owners in Transition and Exit Planning. Julie Keyes is both a Certified Exit Planning Adviser (CEPA) and Value Growth Adviser. She is also a faculty member for the Exit Planning Institute’s Global organization and President of its local Chapter.”
Member FDIC
Being a small business we understand the needs of small business owners. And with 40+ years of experience in providing conflict-free advice, our proactive and integrated approach allows our multi-generational teams to put clients first when delivering customized financial life planning and investment strategies to help maximize their resources.
STRATEGIC PLANNING Prouty Project
venture capital Brimacomb + Associates
WORKPLACE WELLBEING R3 Continuum
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TCF Tower, Suite #1600, 121 South Eighth St., Minneapolis, MN 55402 612-803-3169 * www.brimacomb.com Rick Brimacomb, rick@brimacomb.com Chief Strategy and Relationship Officer
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We start with a blank sheet of paper to elevate your clarity on vision and purpose, create alignment in your strategy to achieve your vision and gain commitment to execute. What are your “market, product/service, people, and financial” strategies over the next 1-5 years? Can you articulate your strategic plan on one page? Join us in our Creative Think Tank to stretch your thinking and ignite your creativity.
Results-oriented advisory firm with unparalleled access to executive suites and financing sources. Emerging companies and established professional services firms rely on our depth of knowledge and deep-network connections to grow client lists, assemble project resources and secure new sources of funding.
R3 Continuum (R3c) is a global leader in workplace behavioral health, crisis, and security solutions. We help enhance workplace behavioral health and performance, speed recovery from disruption, and maintain safety and security on all levels, with our best-practice, human-centered, and technology-enabled continuum of solutions.
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ADVERTISING SECTION
MAY • JUNE 2021 UPSIZE
27
BACK PAGE Local lawyers rewrite ABA trademark book
A
pair of local legal minds who worked together in previous lives reconnected to jointly publish the Fourth Edition of the American Bar Association’s (ABA) “What is a Trademark” book. The ABA tapped Jay Erstling, an emeritus professor of international intellectual property law at Mitchell Hamline School of Law and of counsel at Patterson Thuente, to update the book. He asked Megan Miller, an intellectual property paralegal at Winthrop & Weinstine who is nearing her own graduation from law school, if she’d team up with him. They joined Upsize to discuss the project and its use for small business owners. The interview has been edited for space. Tellijohn: So, what’s in the book for business owners? Jay: It’s a basic trademark primmer. It’s meant to be short and easily read by lay people. Megan: It goes over some of the very basic things that you need to
Megan Miller, paralegal at Winthrop & Weinstine, and Jay Erstling, professor emeritus at Mitchell School of Law and of counsel at Patterson Thuente, teamed up to re-write “What is a Trademark.”
28
UPSIZE MAY • JUNE 2021
know as a business owner regarding what a trademark is, what it does and how it can help your business. Tellijohn: And is there any advice you’d give to small business owners who end up dealing with trademarks? Megan: I think the biggest one is probably just a little investment upfront really goes a long way. So, do your research before you commit to a brand name. It’s a lot easier to change your name or logo before you get sued for infringement and have invested all of this money and time into a whole brand name. And then you might have to rebrand and reestablish your customer base. So, just putting a little bit of effort in upfront and getting that search done, preferably with an attorney, because those are the things we can provide in doing those searches that are just more reliable to help prevent future litigation or issues with rebranding. Jay: Also, the process of registering a trademark can get complicated and having an attorney who knows how to properly draft a trademark application to make sure that you get the broadest protection possible is really important. Especially if your goal is to grow beyond a small locality, having nationwide protection is very important in whatever markets you’re planning to grow. It just helps you expand that much more easily. The nice thing about trademark registration and protection is that it is relatively inexpensive. So, the bang for the buck is really large. Tellijohn: How can folks get a
Two Twin Cities attorneys updated the American Bar Association’s “What is a Trademark” book.
copy of the book? Megan: It is available through the ABA’s publishing arm at: bit. ly/3hjLSkG. It’s a really easy way to understand how to use your trademark and is presented in a way that anybody can understand. Contact: Megan Miller is an intellectual property paralegal with Winthrop & Weinstine: 612.604.6394; mmiller@winthrop.com; www.winthrop.com. Jay Erstling is a professor emeritus at Mitchell Hamline School of Law and of counsel at Patterson Thuente: jay. erstling@mitchellhamline.edu; www. mitchellhamline.edu.
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A business law team that caters to the unique needs of small and mid-size business owners THE SCHINDEL SEGAL TEAM Jon Schindel
Leonard B. Segal
• Purchase and Sale of Businesses • Corporate Governance • Family Succession Planning • Estate Planning • Commercial Real Estate
• Compliance with Employment Laws • Non-Compete & Confidentiality Agreements • Anti-Harassment & Discrimination Policies • Employment Litigation
jschindel@schindelsegal.com
lsegal@schindelsegal.com
Kyle Moen
Sarah Porter
• Purchase and Sale of Businesses • Real Estate • Compliance and Risk Management • Corporate Governance • Succession Planning
• Corporate Governance • Mergers, Acquisitions, and Divestiture • Technology and Licensing Agreements • Residential and Commercial Real Estate
kmoen@schindelsegal.com C O NTA C T U S A D D R E S S : SchindelSegal, PLLC 5901 Cedar Lake Road Minneapolis, MN 55416
sporter@schindelsegal.com P H O N E : 952-358-7400
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