8 Things Businesses Need to Know about Ohio’s Medical Marijuana Rollout

Ohio has set Sept. 8, 2018, as the deadline for a functional medical marijuana program. As that date approaches, there are preparations Ohio businesses should begin to undertake now to ensure they are prepared when legalization does occur.

Nick Weiss, an attorney with The Gertsburg Law Firm, recently visited the Greater Cleveland Partnership’s offices to discuss what the medical marijuana rollout impact will be for companies in Northeast Ohio. Listed below are eight takeaways businesses need to keep in mind about the legalization of medical marijuana in Ohio.

Takeaway No. 1: Marijuana is still illegal

Weiss stressed that marijuana remains a Schedule 1 substance and as such is still illegal under federal law. States such as Ohio have been able to pursue marijuana legalization in large part because the latest federal budget contains protections barring the federal government from spending money on enforcement.

This has opened the door for Ohio to create a system authorizing cultivators, dispensaries, pharmacies, doctors and patients to engage in a medical marijuana system.

Takeaway No. 2: There are extensive protections for businesses

Businesses do not have to make any accommodations for employees who have a medical marijuana recommendation. Owners can still discipline, refuse to hire or terminate employees who use medical marijuana in its allowed forms (essentially everything except smoking it.)

Takeaway No. 3: Erring on the side of the employer

If a dispute arises between an employee and an employer, state agencies such as the Bureau of Workers’ Compensation will err on the side of the employer. This means if an employee is fired, that employee will have to work to overcome the presumption (including that of the Bureau of Workers’ Compensation) that he or she was not fired for cause.

Takeaway No. 4: Have an updated drug policy

Weiss said this is a good time for businesses to read through and update their drug policies. These policies do not need to accommodate medical marijuana. In fact, it might be better if they do not reference it because doing so could create a substantial risk for the employer. A simple, broad statement that the office or factory is a drug-free workplace can be all the company needs.

Takeaway No. 5: Check your documents

If your company happens to do business with dispensaries or other organizations involved in the medical marijuana industry, this is also a good time to review your company’s lending or lease documents to ensure the relationships you have are not in violation of these documents.

Takeaway No. 6: Mandatory drug testing

Many businesses enact mandatory drug testing following a workplace accident, but this action could be problematic. The risk is that there is a public policy in place that favors reporting workplace accidents and if mandatory drug testing is in place, it could discourage this reporting. It could also open the business up for reprisal from the employee involved, who could make a claim they were drug tested not because there was a reasonable suspicion to do so, but because they are a member of a protected class of worker.

Takeaway No. 7: You do not have to accommodate the ADA

While there are claims that the use of medical marijuana can help those with disabilities or medical conditions, businesses do not have to make accommodations for these individuals because, again, marijuana is a Schedule 1 drug.

Takeaway No. 8: Don’t make exceptions

Businesses need to make sure they are applying their respective drug policies consistently and are not making exceptions for anyone, Weiss said. Making exceptions could open the company up to lawsuits from those employees who did not get an exception. 

Closing his discussion, Weiss reiterated that there are many protections already in place for businesses as it relates to the implementation of medical marijuana in Ohio. He suggested employers take full advantage of these provisions to ensure they have the maximum allowed protection.

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  • Next up: 8 Things I Learned as a Summer Intern
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  • 8 Things I Learned as a Summer Intern

    Greater Cleveland Partnership’s very own summer marketing intern Grace Libava provides an inside scoop on what it’s like working at GCP. Hear from an intern’s perspective the eight tips she believes are crucial to making the most out of an internship experience.

    Internships—the stepping stone between college and your career. If your college or university does not require at least one internship to graduate, they strongly suggest it. Although the searching and applying process can be stressful, it is worth it. I had a hard road of rejections, companies who did not even bother to give me any answer, and companies who wanted to offer me an internship, but I did not feel that it was a good fit for me.

    Then, I found this internship when I was least expecting it. And it turned out to be an amazing experience. Over these 10 weeks, I put together a list of tips to help you make the most of your internship:

    Internship Tip No. 1: Stay organized. Keep lists and deadlines. What helped me the most was keeping a list of all my projects or tasks for the week, and either putting them in order based on importance, or based on due date. This helped me to make sure I was not forgetting anything and keeping myself accountable.

    Internship Tip No. 2: Meet as many people as you can. Go to events, hang out with the other interns and get to know people at the company. It will take you a little bit of time to warm up to everyone, but it gets easier every day.

    Internship Tip No. 3: Keep busy (but not too busy). Remember that this is a learning experience and you want to get as much out of it as you can. Explore other departments besides the one you are in and explore the surrounding areas. You will be surprised by how much you learn.

    Internship Tip No. 4: Keep track of your projects and experiences. Save and archive the meaningful projects you complete; you never know when you will need them for future reference.

    Internship Tip No. 5: Watch, learn and take notes. You will be overwhelmed with the amount of information you learn. Take a deep breath, take notes and let it all sink in.

    Internship Tip No. 6: Ask for help and advice. Do not be afraid to ask for help. If you have an amazing boss like I did, you will feel totally comfortable doing so. It will help you in the long run because they know a lot more than you do.

    Internship Tip No. 7: Set goals. Like step 1, this also helps you to keep yourself accountable. Setting goals and accomplishing them is a great feeling.

    Internship Tip No. 8: Lastly—have fun! Depending on the culture of the company, this may be easier in some places rather than others. However, there are always opportunities to be yourself while also staying professional. Make the most out of each day.

    My advice is to have faith in the process and have faith in yourself. You will end up at the place that is meant for you. My 10 weeks at the Greater Cleveland Partnership flew by. I learned so much, was able to learn about so many different aspects of the company and received a lot of helpful advice and feedback. Make the most of each day, because at the end of it all, you will wish it hadn’t gone by so fast.


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  • Next up: 9 Things You Should Include in an Offer Letter to a Potential Employee
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  • 9 Things You Should Include in an Offer Letter to a Potential Employee

    In track and field, how well the runner launches her body off the starting block determines her starting position in the race, and largely contributes to her overall success. Think of offer letters the same way. A solid offer letter can mark the beginning of a successful start to an employment relationship, and put a new employee in a good position to positively contribute to the growth and success of your company.

    A successful offer letter should include these nine elements.

    1. Excitement

    You’ve gone through the trouble of advertising a position, looking over resumes and interviewing potential candidates, so you should be excited that you can now make an offer. Convey your excitement to the candidate so that he or she feels excited about working with you, and you can close the deal!

    2. Basic job info

    Include the title of the position, as well as reporting structure. The offer letter should also include a description of responsibilities and expectations. In this section, you should also include a disclaimer that the employer has the right to change the position, and modify or assign additional responsibilities.

    3. Compensation and benefits

    The job’s salary, payment period, and the policy on raises should be included. Thoroughly describe any bonus or commission plan. Where applicable, information about fringe benefits such as health insurance, disability insurance, life insurance, 401(k) savings plans, profit sharing, and expense reimbursements should also be included. Don’t forget to include the company’s vacation and/or PTO policy, and reserve the right to amend or rescind compensation agreements and benefit plans and programs, including employee contribution levels.

    4. “At will”/ exempt status

    Most employment relationships are “at will”, meaning that either party can terminate the employment for any reason or no reason (so long as it does not violate discrimination or other laws or public policies). If this is the case, make sure it is clearly addressed in the offer letter by stating something like, “the employer is free to discharge individuals for any reason or no reason at all, without further obligation or liability.” Also, be sure to state whether the position is exempt. If the position is nonexempt, include your overtime policy.

    5. Conditions for the offer

    Describe any conditions that you want the employee to satisfy before or after being hired. Examples of such conditions include: reference checks, background checks, drug tests, and required pre-hire documentation.

    6. Restrictive Covenants

    While an offer letter will generally not include non-compete or non-solicitation clauses, it can condition employment upon the signing of these documents at commencement of employment. The best practice is to seek the help of a business lawyer when crafting non-compete or non-solicitation agreements. Moreover, you may want to include language in the offer letter stating that signing the document affirmatively acknowledges that the employee is not currently subject to any restrictive covenants from previous employers.

    7. Confidentiality

    If your company has a confidentiality policy (it should), offer letters should include confidentiality and/or non-disclosure clauses in order to protect important information that’s vital to the success of your business, such as salary information or client lists.

    8. Expiration Date

    The offer should instruct the candidate to obtain independent legal advice before accepting and provide enough time for the person to do so. This will make the court more likely to uphold clauses in favor of your company if a problem should arise in the future. While it is still important to give the candidate time to properly review your offer, it’s also imperative to include a specific time in which your offer to that candidate expires. Making an expiration date around 48 hours after extending an offer also helps eliminate the chance of the candidate receiving competing offers, having time to compare offers, and then possibly presenting you with a counter-offer.

    9. Spell Out the Next Steps

    Finally, explicitly call out the next steps for the candidate. These may include signing the offer letter and returning it to a specific person at the company. Also include a start date and the timing of any contingencies such as reference checks. It’s important to include these steps so that the employment relationship begins on strong footing, launching your new employee and your business as a whole towards success and prosperity.

    For more information on this topic, contact Alex Gertsburg at 440-571-7775 or ag@gertsburglaw.com. Get more legal tips for your business on The Gertsburg Law Firm blog, with new articles every week. 

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  • Next up: 9 Ways to Improve Your Staff’s Mood—And Your Business’ Bottom Line: Presented by viperks
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  • 9 Ways to Improve Your Staff’s Mood—And Your Business’ Bottom Line: Presented by viperks

    Allowing your employees to show off their creative side and giving them access to discount programs are two ways to improve morale in the office. Here are seven more from the motivation experts at viperks.

    Happy employees are productive employees. But a recent study by Gallup has found that as many as 70% of American workers are unengaged in the office—and therefore not as happy or productive as they otherwise could be.

    Clearly, there’s a lot of ground to make up here. But how to do it? The motivation experts at viperks, a cloud-based provider of employee discount and appreciation services, has a few ideas about the employment perks you can provide that will help engage and motivate your workforce. 

    1. Customized workspaces

    Allow your employees to decorate their workspaces with little custom touches that show off their unique personalities. It’s been shown that adding this perk leads to 17% more productivity by employees.

    2. Employee-friendly maternity leave

    Ensure you’re providing ample time for maternity (and paternity) leave. This will help your employees feel more cared for at work.

    3. Provide concierge services

    Work out partnerships that can provide added services to your employees, such as a maid service for your employees’ homes, elder care facilities for aging family members, or services that assist with everyday errands.

    4. Vacation time

    Provide a once-in-a-lifetime vacation experience for your top performers or perhaps raffle off a dream vacation.

    5. Feed ‘em

    Maybe the way to your employees’ hearts is through their stomachs? Keep a supply of free food and drink in the office for your staff.

    6. Employee discount programs

    Programs exist that will allow your employees to purchase everyday brand name items at a discount.

    RELATED: Learn how COSE members can take advantage of such discount programs

    7. Student loan repayment plan

    Student loan repayment might be one of the biggest expenses your employees are dealing with on a day-to-day basis. Consider setting up a repayment program to assist with this expense.

    8. Go casual

    Make everyday Casual Friday by instituting a relaxed dress code.

    9. Time to relax

    Create a designated space in your office for quiet reflection and relaxation that will help your employees recharge their batteries.

    Learn more about how viperks can help COSE member businesses motivate and engage their employees.

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  • Next up: 9 Tips to Help You Build a Best-in-Class Internship Program
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  • 9 Tips to Help You Build a Best-in-Class Internship Program

    Hundreds gathered at Corporate College East on Feb. 21 for the 2019 Cleveland Internship Summit. Throughout the year, we will be bringing you highlights from the event. Today’s recap focuses on what it takes to build best in class internships.

    There’s little doubt that internship programs bring a great amount of value to the companies that utilize them. But for those companies that aren’t already benefitting from the power of internships, getting a program off the ground can seem intimidating.

    During the 2019 Cleveland Internship Summit, a panel of companies that had already overcome the initial challenges involved in launching an internship program shared with attendees what they learned during the process. Here are the top 10 insights given by Maureen Pansky of the Oatey Company; Julie Kelley of the City Club of Cleveland; and Annette Kramer of Vizion Solutions during the “Building Best in Class Internships” breakout session.

    Tip No. 1: Hire interns the way you’d hire anyone else

    The hiring process you have in place for bringing on interns should mirror the process you have in place when you hire full-time employees. Piggyback on the hiring policies and procedures you already have in place and view your internship program as a vehicle for potentially bringing on additional full-time help down the road.

    Tip No. 2: Know how to measure success

    The metric that defines the success of your program isn’t necessarily about how many interns you recruit. The intangibles, such as watching your interns grow professionally and become more confident during their internship; the fresh ideas they are bringing to your organization; and how well they are communicating with your customers and fellow employees are just as important as raw numbers.

    Tip No. 3: Find a partner

    It’s natural to immediately think to build pipeline partnerships with colleges, but don’t forget about other sources of potential interns, too, such as high schools and 2-year institutions. Before you begin working with high school students, make sure you are aware of state laws regarding the work minors can do, however.

    Tip No. 4: What’s your why?

    Before you begin recruiting, take time to define the kinds of projects the interns will be working on beforehand. And also ensure job roles and descriptions are clearly spelled out as well.

    Tip No. 5: Learn from others

    Also before you get started, talk to representatives from other companies who have implemented successful internship programs. Their blueprint can help shape yours, too. In addition, seek out events, such as the Cleveland Internship Summit, where you can learn about the kinds of things that make for an outstanding internship program. Finally, learn from the students you bring on. Listen to their feedback on how useful your program is and don’t be afraid to change one or two things each session to keep your internship program relevant.

    Tip No. 6: Have everything ready in advance

    Make sure any projects your interns will be working on are ready to go well in advance. This will help ensure your interns are busy as soon as possible and will also help to prevent your program turning into a daylong social hour. Also, get requests for interns in as early as possible so you can get word out to schools and others in your recruitment pipeline in a timely manner.

    Tip No. 7: Think about your onboarding process

    Power up the first few days that your interns are on board with an exceptional onboarding process. Get them up to speed on your company’s culture, where to find what, and see to it that your interns connect with their peers in the program. Consider also matching up your interns with an employee mentor or set up regular “lunch and learn” sessions through out the internship that can help address questions interns might have about working in a professional environment. Relatedly, don’t forget to include an orientation session that deals with soft skills such as the company conduct policy, dress code, etc. Encourage questions from your interns and check in with them regularly to make sure things are continuing to go smoothly for them.

    Tip No. 8: Empower employees

    Give your full-time employees a chance to gain valuable leadership experience by letting them mentor your interns.

    Tip No. 9: Know when to recruit

    Give yourself plenty of lead time (think eight or nine months) when it comes to sourcing your interns. For example, if your internship is taking place in the summer (which is the most common time companies run their internship programs), make sure you’re recruiting in August and September as that’s when most schools will be holding their career fairs and it’s also when students will be wanting to lock in their summer internships.

    Want to know more about internship best practices? Visit the Greater Cleveland Partnership’s Internship Central hub to learn more about how to build a best-in-class internship program at your business.

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  • Next up: 9 Tips to Help You Build a Best-in-Class Internship Program
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  • 9 Tips to Help You Build a Best-in-Class Internship Program

    Hundreds gathered at Corporate College East on Feb. 21 for the 2019 Cleveland Internship Summit. Throughout the year, we will be bringing you highlights from the event. Today’s recap focuses on what it takes to build best in class internships.

    There’s little doubt that internship programs bring a great amount of value to the companies that utilize them. But for those companies that aren’t already benefitting from the power of internships, getting a program off the ground can seem intimidating.

    During the 2019 Cleveland Internship Summit, a panel of companies that had already overcome the initial challenges involved in launching an internship program shared with attendees what they learned during the process. Here are the top 10 insights given by Maureen Pansky of the Oatey Company; Julie Kelley of the City Club of Cleveland; and Annette Kramer of Vizion Solutions during the “Building Best in Class Internships” breakout session.

    Tip No. 1: Hire interns the way you’d hire anyone else

    The hiring process you have in place for bringing on interns should mirror the process you have in place when you hire full-time employees. Piggyback on the hiring policies and procedures you already have in place and view your internship program as a vehicle for potentially bringing on additional full-time help down the road.

    Tip No. 2: Know how to measure success

    The metric that defines the success of your program isn’t necessarily about how many interns you recruit. The intangibles, such as watching your interns grow professionally and become more confident during their internship; the fresh ideas they are bringing to your organization; and how well they are communicating with your customers and fellow employees are just as important as raw numbers.

    Tip No. 3: Find a partner

    It’s natural to immediately think to build pipeline partnerships with colleges, but don’t forget about other sources of potential interns, too, such as high schools and 2-year institutions. Before you begin working with high school students, make sure you are aware of state laws regarding the work minors can do, however.

    Tip No. 4: What’s your why?

    Before you begin recruiting, take time to define the kinds of projects the interns will be working on beforehand. And also ensure job roles and descriptions are clearly spelled out as well.

    Tip No. 5: Learn from others

    Also before you get started, talk to representatives from other companies who have implemented successful internship programs. Their blueprint can help shape yours, too. In addition, seek out events, such as the Cleveland Internship Summit, where you can learn about the kinds of things that make for an outstanding internship program. Finally, learn from the students you bring on. Listen to their feedback on how useful your program is and don’t be afraid to change one or two things each session to keep your internship program relevant.

    Tip No. 6: Have everything ready in advance

    Make sure any projects your interns will be working on are ready to go well in advance. This will help ensure your interns are busy as soon as possible and will also help to prevent your program turning into a daylong social hour. Also, get requests for interns in as early as possible so you can get word out to schools and others in your recruitment pipeline in a timely manner.

    Tip No. 7: Think about your onboarding process

    Power up the first few days that your interns are on board with an exceptional onboarding process. Get them up to speed on your company’s culture, where to find what, and see to it that your interns connect with their peers in the program. Consider also matching up your interns with an employee mentor or set up regular “lunch and learn” sessions through out the internship that can help address questions interns might have about working in a professional environment. Relatedly, don’t forget to include an orientation session that deals with soft skills such as the company conduct policy, dress code, etc. Encourage questions from your interns and check in with them regularly to make sure things are continuing to go smoothly for them.

    Tip No. 8: Empower employees

    Give your full-time employees a chance to gain valuable leadership experience by letting them mentor your interns.

    Tip No. 9: Know when to recruit

    Give yourself plenty of lead time (think eight or nine months) when it comes to sourcing your interns. For example, if your internship is taking place in the summer (which is the most common time companies run their internship programs), make sure you’re recruiting in August and September as that’s when most schools will be holding their career fairs and it’s also when students will be wanting to lock in their summer internships.

    Want to know more about internship best practices? Visit the Greater Cleveland Partnership’s Internship Central hub to learn more about how to build a best-in-class internship program at your business.

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