Collaboration

I wrote earlier about the value a closed loop employee suggestion program can provide. These do provide significant benefits, but there is no need to limit continuous improvement suggestions to those inside the company. Customer and supplier surveys can provide great insights into such opportunities while also enabling the company to collaborate better with key partners. However, like employee initiatives, if they are not managed well, they can leave you worse off than if you never asked your suppliers and customers for their help. Designing the survey is important – this is not the time to ask leading questions or pressure the recipients to provide high numerical scores because somebody’s annual performance review or bonus depends on it. If you want to obtain honest answers, understand what the customer or supplier values, and receive useful responses on what is working well and what is not, objective survey questions are needed. It is great to ask about their level of satisfaction with relationship-specific functions. For a customer survey, this could include asking about responsiveness, on-time delivery, quality, etc. For suppliers, this may involve questions about purchase order and other documentation accuracy, on-time payment and more. You may also wish to ask some higher-level questions, such as: What is one thing that we are doing that we should keep doing the same way? What is one thing that we are doing that we should improve? What is one thing that we are not doing that we should do? What is one thing that we are doing that we should not do at all? The quickest way to turn this into a negative experience is to ask customers (especially) and suppliers to spend time completing these surveys and then nothing is done with the results. They will have an expectation that their time and opinions are being valued. Failure to respond will create frustration – I have seen this firsthand. Similar to the best practice for employee suggestion programs, before you send out surveys to customers or suppliers, it is critical to commit the resources to: reading, evaluating, and consolidating the responses developing and executing improvement initiatives based on those comments promptly responding to the survey respondents on what actions are being taken based on their survey participation   Depending on the actual responses, it may be necessary to also diplomatically explain why certain requests are not being acted on – we can easily imagine a customer utilizing the survey answers to ask for unrealistic price decreases or other concessions. Surveys can be periodic (quarterly or annual) independent events or incorporated into Quarterly Business Reviews or other meetings. Some suppliers may be unfamiliar or uncomfortable with customers requesting their honest feedback. Their past experience with other customers (and even with your own company) may be limited to customers telling them what to do better and never asking for their insights. They may be afraid that if they provide honest continuous improvement feedback it will not be well-received and may even be held against them. It may take assurances and several iterations before they trust the process. It is essential that your company receive these suggestions as they would acknowledge ideas from the customer, demonstrate that they appreciate them, and act on them as appropriate. Once that level of trust is established, suppliers can be key partners in improving how you enable them to support you. I have had to work with suppliers to help them get comfortable with what to them was a novel request so don’t accept the response that everything your company is doing is great. I recall one occasion when I was responsible for combining the best New Product Introduction processes between two different divisions of the same firm. Aside from taking the time to understand each group’s steps, I found it valuable to ask the shared external manufacturing partner for their input on which of those differing steps best assist their ability to support our needs. Of course, showing where their advice was used to implement new standard processes or explaining why certain suggestions were not utilized was important to this closed-loop process. Your key customers and suppliers can be some of your strongest allies in your quest for continuous improvement. A robust closed-loop survey process can be an effective tool in this effort while simultaneously creating a stronger, more collaborative relationship with those external partners most critical to your company’s success. Steven Lustig is founder and CEO of Lustig Global Consulting and an experienced Supply Chain Executive.  He is a recognized thought leader in supply chain, manufacturing, and risk mitigation, and serves on the Boards of Directors for Loh Medical and Atlanta Technology Angels.  

What is the role of a company’s board directors?  There are many possible, and valid, answers to this question. Guidance, oversight, succession planning, and executive compensation often are mentioned, and rightly so. But at the Private Company Governance Summit 2024, speaker Jon Wells of Midmark Corporation shared a different answer: to be a ‘professional question asker’ There is a quote often attributed (properly or not) to Albert Einstein: “If I had an hour to solve a problem, I’d spend 55 minutes thinking about the problem and 5 minutes thinking about solutions.”  It is tempting to jump into solving the problem, especially in our fast-paced world. But you do not want to solve the wrong problem! Asking the right questions can help the board director, his or her fellow directors, and company executives think about the issue, sometimes in a different way. This is not about questions to find fault or trip someone up, but questions to help everyone understand. With this in mind, the team is now better prepared and ready to start thinking about how to answer those questions and solve those problems. Asking the right questions helps all involved consider alternatives and different perspectives, such as those of customers, suppliers, investors, employees, and other stakeholders. “What” questions are a good start to understand the situation or the proposal, but eventually it is time to move on to “why” and “what if”. “Why” did something positive occur – was it a repeatable process, chance, market conditions, or something else? What can we learn to take into the future and build on that success? In the case of a negative situation, was it preventable and how can that be used to reduce the chances of similar occurrences in the future? We get better by taking the time to understand the good and the bad. For a strategy review, budget review, or other proposal, there are a lot of great “why” questions to ask about assumptions used.  As appropriate, think about the “5  Whys” approach developed by Toyota, intended to create an understanding of the root cause(s) of the situation before looking at solutions and lessons to learn. “What if” scenarios are great for bringing risk into the discussion. Risk was a key topic at the Private Company Governance Summit 2024. Board Directors may have various perspectives, experiences, and expertise which enable them to consider different threats, opportunities, and future states. These can help all involved more thoroughly consider and address potential risks to the status quo and proposals. This line of questions can be extended to include ones about what the long-term impacts are of proposals and decisions. I recall a recent dinner with three start-up co-founders who wanted to meet to ask for advice. We had a great discussion and a nice meal, but I am not sure I provided them many suggestions. Instead, I posed a number of questions, which they said were important for them to consider as they continue their efforts. I asked “why” questions such as “why would someone use your product instead of the competition?” and “why would someone pay you for this service?” I think (and hope!) these provided them a path to better address opportunities and risks. Of course, board directors provide value beyond just asking questions. With a better understanding of the issue or proposal, they are now better positioned to also share their knowledge and experience, allowing them to contribute toward answering those questions.

As a long-time business consultant and value growth advisor to middle-market companies, I frequently met business owners who didn’t recognize the urgency to plan for an eventual business ownership transition.  Such business owners commonly find themselves catastrophically unprepared when the time comes to sell their business, costing them millions of dollars in lost value.  I truly believe business owners are the heroes of our American economy, and they deserve to be fully rewarded for their many years of blood, sweat and tears building a business, employing our friends and neighbors, and supporting their local communities. I got to know the Exit Planning Exchange back in 2019 from a colleague who founded XPX Atlanta.  I was very impressed how XPX members would educate each other about ways their clients could prepare for a better exit outcome.  I saw how they would develop trusting relationships with other XPX members, combining their unique talents and expertise as a team to help a business owner meet or exceed their exit goals, leaving with a sense of fulfillment and the financial resources to enjoy the next phase of their life. I knew we had nothing like XPX in North Carolina, and our local business owner community would benefit greatly if we did.  I was inspired to lead a small group of talented and committed business professionals to launch XPX Charlotte as a NC non-profit organization in 2021. Today, I’m proud that XPX Charlotte has become the area’s premier organization for business professionals with a passion for knowledge sharing and a commitment to help improve exit outcomes for business owners in the Charlotte region.  If you share that passion and commitment, I hope you’ll join us! Tom Bixby XPX Charlotte Founder, Past-President CEO, EvaluSys LLC

The single biggest problem in communication is the illusion that it has taken place. George Bernard Shaw, a famous Irish playwright is credited with this quote which so aptly captures the issue. Communication is the most common organizational challenge cited by clients, whether as part of a team or as individual leaders. Why is that? Let’s start by understanding what communication means. The Latin base of the word is communicare, which means to share. To share something, you must hold or know it, and recognize that sharing will benefit you and the other party.  It then needs to be presented in a way that others will want to partake or engage. If the other party is not interested or does not know why they should be, the message will fall on deaf ears. This gives us three distinct components necessary for the start of effective communication.

Join us on Wednesday, May 11 from 10-10:45am for the next edition of our virtual and free Scaling Skills Speaker Series, “I’m Already Good at Conflict Resolution Damnit!! Our presenter is Terry “Doc” Dockery, Ph.D., and his experience has been that: a) constructive conflict resolution is essential to business success, and b) most folks think they’re better at it than they really are. Feel free to invite others, and we look forward to seeing you soon! Zoom link:

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Qualified Small Business Stock is a type of stock that includes immense tax relief for investors. Those benefits serve to stimulate investment in small businesses by mitigating the tax consequences that attach to their returns. Below is an article that discusses the definition of QSBS, the relevant IRC section at play, the tax benefits flowing from QSBS, the standards for obtaining QSBS, and the costs and importance involved in gaining a QSBS certification. What is Qualified Small Business Stock? Qualified Small Business Stock is that class of stock issued by a small C corporation that meets specific qualifications specified in the Internal Revenue Code. It enables the investor in QSBS to exclude from federal income taxation up to 100% of the capital gain realized upon the sale of such stock, provided certain requirements are met. The provision is meant to incentivize investment in startups and small businesses as a means of promoting innovation and driving economic growth. Governing Section of the Internal Revenue Code Treatment of QSBS is given under Section 1202 of the Internal Revenue Code. This section was enacted as part of the Revenue Reconciliation Act of 1993 and has undergone several amendments to expand the benefits available to investors. Section 1202 outlines those requirements that must be satisfied for stock to qualify as QSBS, along with particular tax benefits available to the investors. Examples of Qualified Small Business Stock Tax Benefits Investing in QSBS offers substantial benefits in terms of tax. Example: Exclusion of Capital Gains: Depending on when the QSBS was acquired, up to 100% of the capital gains from the sale of QSBS can be excluded from federal income tax. The exclusion percentages are as follows: 50% of the stock acquired from August 11, 1993 to February 17, 2009. 75% for stock acquired between February 18, 2009 and September 27, 2010. 100% for stock acquired after September 27, 2010. Limitation on Gain: The amount of gain to be excluded is limited to the greater of $10 million or ten times the adjusted basis in the stock. The generous cap allows for significant tax savings by investors. The Alternative Minimum Tax (AMT) stipulates that gains exempted under Section 1202 do not qualify as preference items for the purposes of AMT, potentially offering supplementary tax relief. State Tax Benefits: Some states follow federal QSBS exclusion rules, giving additional state tax benefits. Investors should check the particular rules of the state pertaining to QSBS. How to Meet the QSBS Requirements To qualify for QSBS treatment, certain requirements must be met: Qualified Small Business: The issuing corporation must be a domestic C-corporation and it must meet the definition of a “qualified small business.” A qualified small business is one in which the corporation’s aggregate gross assets do not exceed $50 million at any time before and immediately after the issuance of the stock. Active Business Requirement: During at least 80% of the period the investment is held, assets of the corporation must be used in the active conduct of one or more qualified trades or businesses. The following types of businesses specifically do not qualify:. The stock must be obtained directly from the corporation when the stock is originally issued, in exchange for money, other property but not stock, or as compensation for services. Holding Period: The investor must hold the QSBS for more than five years to qualify under the capital gains exclusion. These requirements are often complex to navigate, and guidance is usually sought from a tax specialist to ensure compliance with the law. What is a Qualified Small Business Stock Attestation? A Qualified Small Business Stock Attestation is the declaration of a corporation; a formal statement that the stock of the particular corporation meets all the qualifications necessary for the classification to be deemed a QSBS under Section 1202 of the Internal Revenue Code. This certification gives assurance of qualification both to investors and the tax authorities, confirming the eligibility for the tax advantages to the owners. Importance and Cost of a Qualified Small Business Stock Attestation Investor Confidence: It enhances investor confidence because the attestation is basically a documented proof that the stock is qualified for favorable tax treatment; thus, making it more attractive to prospective investors. Tax Compliance: An attestation plays a crucial role in confirming adherence to tax regulations and can promote more efficient engagement with tax authorities. It functions as proof that the corporation satisfies the QSBS requirements, which may streamline the tax reporting procedure. Risk Mitigation: The attestation works by giving a risk mitigation of disputes or challenges in the future that may develop in the mind of the IRS about the stock’s QSBS status. Cost The costs for obtaining a QSBS certification will depend on many factors, such as the extent of complexity of the company’s organizational structure and how much any given professional services company charges for providing the certification. In most cases, the costs range between several thousand to tens of thousands of dollars. Regardless of the monetary investment, the tax advantages likely to be gained for the backers, coupled with increased certainty of conformity, could make the expense a wise investment. Conclusion Qualified Small Business Stock provides substantial tax advantages to investors in the interest of enabling small businesses to energize the economy. Controlled by Section 1202 of the Internal Revenue Code, QSBS enables considerable exclusions from federal income taxation of capital gains. However, fulfilling these requirements can be tricky, and the ability to get a QSBS attestation may provide much value through assurance with compliance and qualification for huge tax benefits. Although obtaining such certification does involve some costs, the potential tax incentives and reduced liabilities make it an important consideration for companies and investors alike.

Depending on who you are talking to, Private Equity is either the Great Satan or the savior of small and mid-market companies in the United States. The stories depend a lot on the personal experience of the speakers. Once a vehicle for high-risk investment plays in corporate takeovers (see Bryan Burrough’s Barbarians at the Gate,) Private Equity has morphed into tranches where specialists seek opportunities in everything from a Main Street entrepreneurship to multi-billion-dollar entities. What is Private Equity? The term itself is relatively generic. According to Pitchbook, there are currently 17,000 Private Equity Groups (or PEGs) operating in the US. The accepted business model for our purposes is a limited partnership that raises money to invest in closely held companies. The purpose is plain. Well-run private businesses typically produce a better return on investment than publicly traded entities. The current Price to Earnings (or PE – just to be a little more confusing) ratio of the S&P 500 is about 27.5. This is after a long bull market has raised stock prices considerably. The ratio is up 11.5% in the last year. That means the average stock currently returns 3.6% profit on its price. Of course, the profits are not usually distributed to the shareholders in their entirety. Compare that to the 18% to 25% return many PEGs promise their investors. It’s easy to see why they are a favorite of high net worth individuals, hedge funds and family offices. As the Private Equity industry has matured and diversified, they have even drawn investment from the usually more conservative government and union pension funds. Private Equity Types Among those 17,000 PEGs the types range from those who have billions in “dry powder” (investable capital,) to some who claim to know of investors who would probably put money into a good deal if asked. Of course, which type of PEG you are dealing with is important information for an owner considering an offer. private equity moneyThe “typical” PEG as most people know it has a fund for acquisitions. It may be their first, or it may be the latest of many funds they’ve raised. This fund invests in privately held businesses. Traditionally PEGs in the middle market space would only consider companies with a free cash flow of $1,000,000 or greater. That left a plethora of smaller businesses out of the game. For a dozen years I’ve been writing about the pending flood of exiting Boomers faced with a lack of willing and able buyers. I should have known better. Business abhors a vacuum. Searchfunders Faced with an overabundance of sellers and a dearth of capable buyers, Private Equity spawned a new model to take advantage of the market, the Searchfunders. These are typically younger individuals, many of whom graduated from one of the “EBA” (Entrepreneurship By Acquisition) programs now offered by almost two dozen business schools. These programs teach would-be entrepreneurs how to seek out capital, structure deals, and conduct due diligence. Some Searchfunders are “funded”, meaning they have investors putting up a stipend for their expenses. Others are “self-funded.” They find a deal, and then negotiate with investment funds to back them financially. Both PEGs and Searchfunders seek “platform” companies, those that have experienced management or sufficiently strong operational systems to absorb “add-on” or “tuck-in” acquisitions. The costs of a transaction have bumped many seasoned PEGs into $2,000,000 and up as a cash flow requirement. Searchfunders have happily moved into the $500,000 to $2,000,000 market. In the next article we’ll discuss how PEGs can promise returns that are far beyond the profitability of the businesses they buy.

Early last month, the Occupational Safety and Health Administration (OSHA) proposed the Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings rule. The aim is to curb heat related injuries or death which OSHA identifies as “the leading cause of death among all hazardous weather conditions in the United States.” The proposal places new responsibilities on employers: establishing heat thresholds, developing Heat Injury and Illness Prevention Plans, regularly monitoring temperatures, and establishing safety measures when heat thresholds are met. This rule is yet to be finalized however, it is a sign of what’s to come. The standard applies to all employers except for the following: Work activities for which there is no reasonable expectation of exposure at or above the initial heat trigger. Short duration employee exposures at or above the initial heat trigger of 15 minutes or less in any 60-minute period. Organizations whose primary function is the performance of firefighting and other certain emergency services. Work activities performed in indoor work areas or vehicles where air conditioning consistently keeps the ambient temperature below 80°F. Telework (work from home). Sedentary work activities at indoor work areas that only involve some combination of the following: sitting, occasional standing and walking for brief periods of time, and occasional lifting of objects weighing less than 10 pounds. Heat Thresholds There are two heat thresholds which will trigger employer action: An “initial heat trigger” means a heat index of 80°F or a wet bulb globe temperature (defined below) equal to the National Institute for Occupational Safety and Health (NIOSH) Recommended Alert Limit; and A “high heat trigger” means a heat index of 90°F or a wet bulb globe temperature equal to the NIOSH Recommended Exposure Limit. The “heat index” is calculated by measuring the ambient temperature and humidity. Wet bulb globe temperature is a heat metric that considers ambient temperature, humidity, radiant heat from sunlight or artificial heat sources and air movement. Employers may choose either method of measuring the temperature.   Heat Injury and Illness Prevention Plan (HIIPP) Requirements If an employer does not fall under the exceptions, it must develop a HIIPP with the input of non-managerial employees and their representatives for occasions when the heat threshold is surpassed. This plan may vary on the worksite but must be written if the employer has more than 10 employees and use a language employees will understand. The HIIPP must contain: A comprehensive list of the type of work activities covered by the HIIPP Policies and procedures needed to remain compliant with the standard. Identification of which heat metric the employer will use heat index or wet bulb globe temperature. A plan for when the heat threshold is met. Along with creating the HIIPP, employers must designate one or more “heat safety coordinators” responsible for implementing and monitoring the HIIPP. The HIIPP must be reviewed at least annually or whenever a heat related injury or illness results in death, days off work, medical treatment exceeding first aid, or loss of consciousness. Employers must seek input from non-managerial employees and their representatives during any reviews or updates. The definition of “representative” is not defined; if this is broadly defined, this could be a major complexity employers must face. Identifying Heat Hazards Employers must monitor heat conditions at outdoor work areas by: Monitoring temperatures at a sufficient frequency; and Track heat index forecasts or Measure the heat index or wet bulb globe temperature at or as close as possible to the work areas. For indoor work areas, employers must: Identify work areas where there is an expectation that employees will be exposed to heat at or above the initial heat trigger; and Create a monitoring plan covering each identified work area and include this work area in the HIIPP. Employers must evaluate affected work areas and update their monitoring plan whenever there is a change in production processes or a substantial increase to the outdoor temperature. The heat metric employers choose will affect the thresholds. If no heat metric is specified, the heat metric will be the heat index value.  Employers are exempt from monitoring if they assume the temperature is at or above both the initial and high heat trigger, in which case they must follow the controls below. Control Measures When Heat Triggers are Met When the initial heat trigger is met, employers must: Provide cool accessible drinking water of sufficient quantity (1 quart per employee per hour). Provide break areas at outdoor worksites with natural shade, artificial shade, or air conditioning (if in an enclosed space). Provide break areas at indoor worksites with air conditioning or increased air movement, and if necessary de-humidification. For indoor work areas, provide air conditioning or have increased air movement, and if necessary de-humidification. In cases of radiant heat sources, other measures must be taken (e.g., shielding/barriers and isolating heat sources). Provide employees a minimum 15-minute paid rest break in break areas at least every two hours (a paid or unpaid meal break may count as a rest break). Allow and encourage employees to take paid rest breaks to prevent overheating. At ambient temperatures above 102° F, evaluate humidity to determine if fan use is harmful. Provide acclimatization plans for new employees or employees who have been away for more than 2 weeks. Maintain effective two-way communication between management and employees. Implement a system to observe signs and symptoms of heat related problems (e.g., a Buddy system). When the high heat trigger is met, employers are additionally required to: Provide employees with hazard notifications prior to the work shift or upon determining the high heat trigger is met which includes: the importance of drinking water, employees right to take rest breaks, how to seek help in a heat emergency, and the location of break areas and water. Place warning signs at indoor work areas with ambient temperatures exceeding 102° F. Other Requirements Training: all employees and supervisors expected to perform work above the heat thresholds must be trained before starting such work and annually.   What’s Next? The rule is yet to be published in the Federal Register. Once this happens, there will be a 120-day comment period when all members of the public may offer OSHA their opinion about the rule. Whether this rule comes to fruition may also depend on which party wins the White House. Furthermore, if finalized this rule would likely be challenged in the courts, which now have more discretion to overrule agency rules following the US Supreme court case of Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce (overturning the Chevron deference decision). Employers should review their heat illness prevention policies to maintain compliance with regulations. If you have questions, call competent labor and employment counsel. Brody and Associates regularly advises management on complying with the latest local, state and federal employment laws.  If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560  

Today we are highlighting the FIREPOWER Owner Sweet Spot Sessions! We’re about to embark on a game-changing conversation that will revolutionize the way you approach your business. It’s time to shift gears and start envisioning the future of your company in a new personal role. The Small Business Universe: Common Concerns of Owners Similar concerns echo throughout the small business universe. Maybe you feel like you’re lacking the right leadership, or worse, you don’t have any leadership at all. Perhaps your workforce has hit a plateau, or you’re dealing with the frustrating challenge of high turnover. And let’s not even get started on the never-ending cycle of decision-making, where it feels like you’re carrying the entire load on your own. What is the Work that Only You Can Do? We’re here to share a secret to successfully moving your business into the future. It all starts with a simple question: What is the work that only you can do? It’s time to tap into your natural talents and abilities that have fueled your business success from its inception and then refocus your efforts in a new way. Now, brace yourself for a little revelation that’ll bring a smile to your face. The answer to that question is much less than what you’re currently doing. Yes, you heard it right. You’re probably sporting way too many hats, it’s time to bid farewell to those unnecessary responsibilities and rediscover your true sweet spot. Enter the FIREPOWER Owner Sweet Spot sessions. These sessions are crafted to help you pinpoint those burdensome responsibilities that are holding you back from doing the work your company desperately needs from you. We’re here to lift that heavy weight off your shoulders and set you free to focus on what truly matters in achieving your future goals. Deciphering the best use of your time is the key to solving both short-term challenges and long-term business goals. It allows you to stay fully engaged in the work that only you should do, helps your teams to know your true superpowers, and ultimately unleashes your full potential to lead your company into the future. At FIREPOWER, we truly get the challenge, we live it every day. We understand the struggles you face as an owner.  Juggling numerous roles and tasks can be incredibly overwhelming and downright draining. But here’s some fantastic news – it doesn’t have to be that way. By identifying your unique strengths, you can reclaim your valuable time, restore your energy reserves, and reignite your enthusiasm for your business. So, are you ready to unlock your Owner Sweet Spot? Then it’s time to bid farewell to all the hats you’ve been wearing, delegate those unnecessary responsibilities, and rediscover the true value you bring to your company. Our owner-focused approach led by Maria Forbes, will expertly guide you through the process, empower your team, and take your business to unprecedented heights. Conclusion Remember, sustainable growth flourishes when you harness the potential of your team and become laser-focused on the work that only you can do. The number of hats you wear will shrink, while the quality of your life expands. It’s time to embrace the FIREPOWER within you and achieve the success you’ve always dreamed about. Together, we can make it happen! Fuel your people power, Maria Forbes with FIREPOWER Teams

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