Wigler joined HER Realtors in October 2014 as Corporate Development Director and has a vast background in real estate sales and training. During her time with HER, she has been responsible for new agent sales training, and the ongoing professional development of all sales associates. In her newly expanded role, Wigler will be growing the company's relocation services division through corporate calling on area employers and increasing the company's recruitment efforts through area colleges and universities.

"I couldn't be more excited about the expansion and continued growth of services to meet the needs of our corporate clients and sales associates," said Susan Wigler, Vice President of Corporate Development."Our emphasis has always been on quality service and with the incredible growth we've experience over the last few years, we are ramping up our efforts to ensure every relocation client and sales associate gets the support and service they deserve."

Susan resides in Powell with her husband Marc and their two grown children live in the Columbus area.

About HER Realtors

Founded in 1956, HER Realtors is the country's largest agent-owned real estate firm and is consistently recognized as one of the most innovative technologically advanced and award-winning firms in the country. With 1,250 agents and 75 offices throughout Ohio and Northern Kentucky, HER Realtors offers a full-range of services to its clients includingresidential and commercial real estate sales, property management and rental services, mortgage, title services, insurance, home warranties, and other home-related, lifestyle services. To learn more, visitwww.HERRealtors.com.

Contact:

Leanne Chylik

Chief Marketing Officer| HER Realtors

(614)273-8570

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HER Realtors Names Susan Wigler Vice President Of Corporate Development - PR Newswire (press release)

INDIANAPOLIS -

Most people think they know a franchise when they see oneMcDonalds, Subway, 7-Eleven, Anytime Fitness, to name a few. However, there are some franchise relationships that are not so obvious. Many business relationships, including those in manufacturing and distribution, could easily become accidental franchises if companies are not careful. Becoming an accidental franchise can bring significant ramifications most manufacturers do not appreciate until its too late. For example, a manufacturer that terminates its distributor may find itself in court, defending against alleged violations of state franchise relationship laws. These manufacturer/distributor relationships can also sometimes unwittingly trigger administrative investigations, penalties, and fines from state franchise regulators.

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The good news? These problems can be mitigated by understanding what a franchise is and what steps can be taken to avoid falling prey to an accidental franchise.

Franchise Defined

The definition of a franchise boils down to three elements: (1) a marketing plan, (2) a substantial association with the franchisors trademark, and (3) the payment of a franchise fee. Identifying these factors will help minimize the risk of an accidental franchise. Keep in mind; it is entirely irrelevant what the parties call their agreement or relationship. Substance prevails over form.

This was certainly the case in Master Abrasives Corp. v. Williams, wherein the Indiana Court of Appeals held that a distribution agreement was really an accidental franchise.[1] The distributor in that case paid the manufacturer $3,000 for the selling rights to the manufacturers trademarked product, which triggered the second and third franchise elements. The court also determined the distribution agreement contained a marketing plan, based on the following items: (1) the state was divided into marketing areas; (2) the manufacturer had the right to establish sales quotas; (3) the manufacturer had the right to approve or disapprove of the distributors employees; (4) the distributors employees were required to attend sales training conducted by the manufacturer at which the employees were given quotation sheets, invoices, and other sales forms; (5) the manufacturer instructed the distributors employees as to what types of customers should be contacted; and (6) the manufacturer established a policy on giving sample products. Although subsequent cases acknowledge these factors are not exhaustive, this case demonstrates that accidental franchises can and do happen.

Why Franchise Laws Matter

Federal law, including Federal Trade Commission (FTC) regulations, governs the sale of franchises in all 50 states and requires franchisors to provide a prospective franchisee with a Franchise Disclosure Document at least 14 days before it pays any fees or signs a franchise agreement. The Franchise Disclosure Document must contain certain information, and the list of required disclosures is extensive. Like the FTC, several states have their own specific laws governing the offer and sale of franchises. In Indiana, for example, prior to offering or selling a franchise, franchisors must first file and register their Federal Disclosure Documents with the Indiana Secretary of State, Securities Division.

In addition to these mandatory disclosure and registration laws (prior to the sale of a franchise), several states also have laws governing the relationship between franchisors and franchisees, often imposing additional duties upon franchisors. The Indiana legislature, for example, has enacted the Indiana Deceptive Franchise Practice Act, which governs a franchisors ability to terminate a franchise agreement and bars certain acts and practices of the franchisor, such as discriminating between similar franchisees and unfair competition.

Manufacturers who inadvertently enter into distribution agreements with third parties, which the law would classify as a franchise, do not know these additional disclosure, registration, and relationship obligations exist. And yet the penalties for violating these laws can be severe, including civil penalties imposed by the government and/or civil damages pursued by the franchisee. These potential claims can also become ammunition for a distributor who is otherwise being terminated and wants to pursue its own claims against the manufacturer and/or wants to leverage a buyout of the distributors business under the threat of alerting other distributors (or state regulators) to the potential franchise-related claims.

Avoiding an Accidental Franchise

It is possible for manufacturers to avoid application of the franchise laws, though it is admittedly sometimes easier said than done. Each state, for example, does not apply the same standard for establishing the elements of a franchise.

Practically speaking, there is typically little dispute whether the distributor enjoys a substantial association with the manufacturers trademarks. Rather, manufacturers hoping to avoid the accidental franchise should pay particular attention to the marketing plan and franchisee fee elements.

The existence of a marketing plan is a fact-specific inquiry where manufacturers can protect themselves with a proactive approach. To determine whether a marketing plan exists, Indiana courts have looked at whether the purported franchisee is able to make business and marketing decisions free of restrictions or consent of the purported franchisor, whether there are certain sales quotas that must be satisfied, and whether the purported franchisor mandates specific training. The less control the manufacturer retains, the less likely a marketing plan is established.

Manufacturers should also be careful about the types and names of payments the distributors pay for the right to distribute products. Critically, Indiana (as well as other states) exclude from its definition of a franchisee fee, payments which do not exceed the bona fide wholesale price of goodsin other words, inventory purchased for resale. Thus, when a distributors only payment is for the bona fide wholesale price of goods, a distribution agreement is not a franchise, because there is no franchise fee involved. However, if the distributor is required to pay a separate fee for the right to sell the goods, in addition to purchasing inventory at the bona fide wholesale price, that additional fee could trigger the franchise element.

At the end of the day, each business arrangement is different. The world of franchising can be complex; manufacturers should be careful not to cross the line. Otherwise, they could create an accidental franchise relationship, which can necessitate complex regulatory compliance and potentially result in costly fines and penalties for noncompliance and create unintended leverage for disgruntled or terminated distributors.

For more information, contact Christina Fugate (317) 236-2374 or George Gasper (317) 236-2275.

[1] 469 N.E.2d 1196 (1984).

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Avoiding Accidental Franchise Pitfalls - Inside INdiana Business

WESTHAMPTON Regnaleb Enterprises, a sales and marketing consulting firm, announced it is offering high-caliber sales-management and growth strategies to small and mid-size companies throughout Western and Central Mass. The organization is led by Art Belanger, an experienced sales and marketing professional with more than 30 years in the industry.

Ive had the experience of working for large corporations, mid- to small-sized businesses, and successful startups, building sales teams from the ground up, said Belanger. Mentoring sales representatives and implementing long-term strategic plans has been my passion. Im looking forward to working with local business leaders to streamline their tactics.

The Regnaleb process utilizes the salesQB program to conduct a complete audit of an organizations current sales and marketing process. The results are used to benchmark performance and identify areas for growth and improvement. Following the audit, business leaders will be taken through an in-depth report that will pinpoint methods for increased efficiency throughout the entire sales process, from lead generation and management tactics to the use of digital technologies like CRM, software programs, and social media.

A successful salesforce is empowered, efficient, and informed, Belanger said, adding that Regnaleb Enterprises will offer a custom road map to improve communications, management, customer service, and sales techniques to drive increased performance.

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Regnaleb Enterprises Offers Sales Training for the Digital Age - Business West (blog)

What to Know

An undercover investigation by the NBC 4 New York I-Team and Telemundo 47 Investiga has found the black market sale of fake safety training cards for New York City construction workers is still booming, despite more than two dozen on-the-job deaths in the last few years and outreach by local officials.

Workers on big projects are required by law to have 10 hours of training approved by the U.S. Occupational Safety & Health Administration (OSHA) and carry a card certifying completion. The cost of training ranges from $150 to $300.

But black market sales of fake cards have been a scourge of the industry, and an increasing priority for investigators as more than 30 workers have died in construction accidents in the past two years, records show.

Mark Peters, commissioner of the New York City Department of Investigation (DOI),said his agency has looked into deaths on construction sites where workers had fake OSHA cards, and the findings were troublesome.

"The fatalities were related to things that you would know to be careful of if you had proper safety training," Peters said.

He described the fake cards as a real problem.

"Workers arent getting the safety training that they need when they have these fake cards and thats really dangerous," Peters added.

In some cases, workers get fake cards because they don't want to miss time on the job, according to Manhattan District Attorney Cy Vance. In other cases, Vance says employers don't want the workers to take the time off to get cards.

"Many of these [workers] are non-English speaking. There is definitely a huge power differential between themselves and their employers, Vance said.

The I-Team and Telemundo 47 Investiga found its simple to get a fake card. After just a few minutes talking with fake ID dealers on Roosevelt Avenue in Jackson Heights, an undercover producer purchased one for $60.

The name of a certified OSHA trainer Victor Pacheco was printed on the card.

This has been going on for seven or eight years, Pacheco said, whos been in the business for a decade and worked as an OSHA enforcement officer. But its not only me. My boss, his name is being used on fake cards. People that work for me, their names are on fake cards. Its all around."

The DOI and Manhattan district attorney's office have fought back, at times arresting workers with fake cards and those selling them. But now, with the Manhattan Construction Task Force, theyre trying a new approach in cooperation with other agencies.

We have essentially said to workers, Come in. Hand in your fake OSHA card. No questions asked,'" Peters said. "And well take the card. Well give you the 10 hours of training. Well give it to you for free, and then you can have a legitimate card."

The training is provided with local partners, including the Mexican consulate. In eight months, the program has taken 1,500 fake cards off the street.

Vance said the message to workers is clear: We want you to be safe. It doesnt matter where you come from. Your immigration status doesnt matter. If you want to work in New York City, we want to help you make sure you and your family are safe.

Despite the programs success, Peters admits its an uphill battle.

Last week we confiscated cards from a construction site around the corner from our own offices. So yeah, while weve gotten a lot of cards off the street, there are probably thousands of fake cards still out there, he said.

A big part of the problem, authorities say, is that OSHA cards have been on paper stock and easily forged. That is changing.

In a statement, OSHA said its taken action to prevent or minimize [fake card] activity with the introduction last year of plastic cards that include a QR code. Scanned information includes the workers name and details about their training.

I give OSHA a lot of credit, said Peters. One of the things thats good for the future is the new cards are harder to fake. Although we have seen some fake cards that are new, too.

Workers in New York City must renew their safety training every five years, which means the paper cards will slowly become obsolete.

On Friday, the city's political leaders responded to the report by NBC 4 New York I-Team and Telemundo 47 Investiga.

Sen. Chuck Schumer said he'll work to maintain adequate funding and "beat back efforts to roll back worker safety standards" in the upcoming budget so that OSHA "has the resources to be the cop on the beat."

"Construction work is inherently dangerous and certified safety training is essential to prevent injury and death," the senator said in a statement.

A spokesperson for City Hall said, "No building is worth a person's life." The spokesperson said the city "is working with the City Council and stakeholders to strengthen training beyond the current OSHA-10 requirements, with measures to verify that workers have gotten the training they need to be safe on the job."

The spokesperson also said City Hall will evaluate and incorporate improvements to the cards for any new training to prevent fraud, and that it will enhance enforcement to ensure developers and contractors are fulfilling their responsibilities to prevent worker injuries and deaths.

Rep. Adriano Espaillat called the report "deeply concerning" in a statement, and said he'll take a closer look at the issue. "Cutting corners is not and cannot be acceptable and we must ensure workers have access to the required and vital training that OSHA provides lives are at stake," he said.

In a statement, Rep. Joe Crowley blamed Republicans in Congress, who he said "repeatedly starved [OSHA] and other federal labor law enforcement agencies of needed resources." The congressman said necessary investments need to be made in OSHA so inspectors can ensure work sites are safe, and that there needs to be improved security features on certification cards, or that a database needs to be developed to track them.

"I hope OSHA and federal law enforcement agencies will crack down on this disturbing trend," Crowley said.

==

To report unsafe working conditions, contact the Manhattan Construction Task Force via WhatsApp @ 646.712.0298 or call 311.

Published at 4:00 PM EDT on Aug 3, 2017 | Updated at 8:39 PM EDT on Aug 4, 2017

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I-Team: Black Market Sales of Fake Safety Training Cards for NYC ... - NBC New York

It took one week into training camp and an injury to get the Eagles to bring in another veteran cornerback. Former Falcons, Packers and Colts corner Tay Glover-Wright signed with Philadelphia last Monday.

Wrights first day of practice was the first session that included live hitting for the Eagles. The fourth-year cornerback had been out of the NFL since being released by the Colts in September of last year.

Only 24 years old at the time, Wright still had plenty of his life left to live so he had to look into work outside of the NFL. He found a job doing door to door sales in Atlanta which only made him want to go back to training for the NFL.

I was sitting at home after the Colts cut me and I decided to check out marketing. I didnt have a true idea what direct marketing was, Wright said after practice. I didnt think I was going to be going door to door selling cable but I was one of the top sellers in the office. When I do what I do, I do it well! That wasnt really for me. I didnt really like walking around like that and made the call to Coach Anderson at Oregon State.

He worked out with the Eagles in December but didnt get signed so he went to Oregon State to work out and stay in shape.Wright knew fellow CB Mitch White before he came to Philadelphia. He was in Green Bay with Whites brother Myles who played wide receiver.

Wright said he and guard Chance Warmack have known each other since their younger days in the Atlanta area. He and Patrick Robinson were also teammates with the Colts in 2015.

When he got the call saying that he was signed by the Eagles, everything else stopped. It was time to take advantage of another opportunity.

I dropped everything that I was doing and came in to chase my dream, Wright said. I know the window is only open for so long so I had to do it while I can. Its a true blessing to be back after a whole year off. I didnt have to get a second chance but I did so I have to make the most out of this opportunity.

Although he was working out and trying to stay in shape, the rigors of training camp cant be simulated. Wright said he is still getting into football shape.

I am focused on learning this playbook and getting in football shape. I am out here running around tired, said Wright. Every day after practice I am out here running gassers. As time goes on, I am getting better and soon I should be able to bring some heat and make some plays.

Fridays practice had been over for almost an hour, but Wright remained on the field with fellow corner C.J. Smith and once again teammate Patrick Robinson.

The three defensive backs were getting lessons from Brian Dawkins, one of the best DBs to ever play for Philadelphia. Wright is working with the third-team defense at right corner.

Wright will get his first taste of NFL action this season when the Eagles travel to Green Bay to face the Packers on August 10.

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CB Tay Glover-Wright went from door to door sales to Eagles training camp - Eagles Wire

The Chattanooga Beer Board came down hard Thursday morning on the Kangaroo Express at Jenkins and Shallowford roads east of Hamilton Place mall and gave it a 10-day suspension of beer sales for the May 30 sale of beer to a minor.

The convenience store's new general manager blamed the sale on a recently hired female clerk who thought she made a mistake when the underage police decoy's identification caused a new cash register to read: "invalid format."

Beer board members countered that the clerk could have compared the birth date on the customer's ID to an age-of-purchase calculator on display near the register.

"She could have looked at the license and determined that," beer board member Andre Harriman said. "I think your excuses are moot."

Beer board member Trevor Atchley called the excuse that the clerk didn't understand how to use the equipment "the worst excuse I could imagine."

Beer board members worried there was a lack of training at the Kangaroo Express at 2300 Jenkins Road and at other Kangaroo Express stores run by the same owner. Beer board member Chris Keene made a motion for a 10-day suspension to "get the owner's attention." The beer board voted 5-1 in favor of the suspension that begins Aug. 10, with member James Hobbs opposed.

The beer board discussed a bar simply called The Bar at 4904 Rossville Blvd. after Chattanooga police Officer John Collins said that, acting on a tip, the police department's vice unit discovered illegal gambling, liquor sold without a license, and building code violations there.

The bar's owner has "severe health issues," Collins told the beer board, and his daughter had been running it, but she bowed out to take care of her father. So now the bar's being run by a woman who's a family friend who's trying to keep the business afloat, Collins said.

"The bar is like a train on the track without a driver," said beer board member Lee Dear, who made a motion for a 30-day suspension of beer sales, which didn't get seconded.

The beer board split with a 3-3 vote on a three-day suspension. Then, at Atchley's suggestion, the board decided to postpone any action until its next meeting.

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Kangaroo Express beer sales suspended for sale to minor ... - Chattanooga Times Free Press

After a 10-year hiatus, Wiscsonsin Indianhead Technical College is bringing back the Selling Principles class this coming fall.

Several business owners had lamented that local sales training was not available, and thought back to the popular and valuable course that had been offered at WITC. They asked for a comeback, and WITC agreed.

The Selling Principles course offers ideas and concepts that, when implemented, can increase sales performance for the salesperson and their organization. Students will develop customer-focused sales strategies and presentations directly related to their own organizations current products and services.

Selling Principles will be offered in-person at the Rice Lake campus and by ITV to the other campuses and outreach centers. The course starts Aug. 29 through Dec. 21, Tuesday-Wednesday-Thursday, 8 -8:50 a.m. The class is three credits at $428.10, plus cost of book.

To register call 800.243.9482 and ask for your local campus Student Services office. Course numbers for the locations are: Rice Lake 64014; Superior 64017; Ashland 64015; New Richmond 64016; Ladysmith 64021; Hayward 64020.

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Sales training making a comeback at WITC - Ashland Daily Press

Effective sales training isnt to be underestimated. As veteran sales reps, we know from past experience that the success of an organization can be made or unmade through the implementation of successful training programs. However, a surprising 96% of reps and managers we surveyed felt that their companys training programs were not productive. Why is that? Are we not investing enough? Are we investing in the wrong places? The answer lies in why companies spend so much more on training for sales than for other functions.

Every employee should understand their companys product and market. But organizations invest in sales training because top-of mind knowledge is a salespersons currency. Unlike other functions, sales doesnt have the option to lean on reference material to fill knowledge gaps when a question arises. Sales needs to know it all, cold. They need to essentially perform, and be able to fluently articulate their knowledge, live, while fielding questions about it. Would you expect an actor to deliver a great performance without knowing their lines? Of course not. Without deep understanding of the product and market, sellers dont have a chance at effectively handling customer questions and objections in this age of hyper-informed buyers. The most influential factor in todays buying decisions is a sales reps ability to articulate value.

In Defense of Sales TrainingLimits exist when it comes to how much information a person can absorb in a training session. We know new information entering the brain immediately starts disappearing if it is not revisited and reinforced over time. This is a widely studied phenomenon called the forgetting curve. As much as 50 to 80 percent of training material can be lost as soon as the day after, and up to 98 percent within 30 days.

This is why training reinforcement matters so much. Reps and managers feel like their companys sales training program is ineffective because theyve felt the pain of struggling to recall key information during a customer conversation. Its not that sales training and enablement professionals have been doing anything wrong: its just there havent been viable systems to easily reinforce the training.

Reinforcement learning describes the process of driving greater knowledge retention using ongoing exercises, coaching, quizzing and drilling. You need reinforcement learning to really get an entire team of salespeople to absorb key information to a degree where they can articulate it naturally. Without it, reps are left having to make a huge recall effort during their sales pitches, which makes it impossible to listen to the customer. However, companies continue to deliver sales training using intense but infrequent bursts like yearly sales kickoffs, or through corporate learning management systems that feature little to no reinforcement learning. What gives? This crucial components relative absence on the sales training scene isnt due to lack of effort or investment. Its simply a function of how challenging it is to provide quality reinforcement learning for sales.

Genuinely reinforcing sales training requires face-to-face, interactive practice and learning. Salespeople need to practice the right way to deliver responses to a series of questions or objections. Without interactive learning, the richness of in-person communication that is vital to sales success is lost. The problem, however, is that facilitating this with geographically distributed sales forces simply costs too much. Its impossible to schedule consistent in-person coaching for every rep without blowing a hole in the budget and having sales managers on the road 24/7.

A New Kind of InteractionVideo sales training provides reinforcement learning for sales in an efficient, cost-effective manner. Trainers and managers bypass the need for in-person meetings and ride-alongs to facilitate interactive learning for their reps and now have recourse when the forgetting curve rears its ugly head. Studies show ROI on training quadruples when followed up by in-field coaching and reinforcement. Now these results are available without the time and expense needed to get geographically dispersed sales teams in one place.

Video sales training also complements other, traditional forms of reinforcement learning. This kind of learning can be divided in two categories, the reinforcement of scenario-based training as described above with interactive learning, and the reinforcement of fact-based training. Fact-based training teaches salespeople the building blocks to successful customer conversations, like basic product information, competitive intelligence facts, or market data. Using periodic quizzing and drilling repeated over time is a proven way to reinforce such learning. But presently, supplementing this with modern reinforcement learning using interactive video role play and other means of active practice affords much better results. Training and enablement professionals no longer have to settle for low knowledge retention.

The first wave of sales training and enablement professionals did an excellent job with the tools available. But with the advent of mobile devices with video recording capabilities, the sales training and enablement professional of the 21st century can get their organization to revenue goals faster and more profitably using modern reinforcement learning.

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Reinforcement Learning: How to Make Your Sales Training Stick - Customer Think

NEW YORK (AP) NFL training camps have been open for less than a week and Tom Brady is already on top of the league once again.

The Patriots' superstar quarterback ranks No. 1 in merchandise sales in a list compiled by the NFL players union.

The list is based on total sales of all officially licensed NFL player merchandise tracking year-to-date results from March 1 to May 31.

Brady, who won his record fifth Super Bowl in February, was joined at the top of the list by Dallas Cowboys teammates running back Ezekiel Elliott (No. 2) and quarterback Dak Prescott (No. 3). Two more Cowboys were also in the top 10 in wide receiver Dez Bryant (No. 6) and tight end Jason Witten (No. 10).

Raiders running back Marshawn Lynch, who returned to the league after a one-year absence, was at No. 4 and Seahawks quarterback Russell Wilson rounded out the top five.

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Patriots' QB Tom Brady ranks 1st for merchandise sales as NFL training camps start - NH1 News

Dr. Lisa Hiscano, Union County Colleges Director of Continuing Education and Professional Development, has been promoted to the position of Executive Director of Continuing Education and Workforce Development. She will also continue to serve as Interim Dean of the Elizabeth Campus. In this new role, Dr. Hiscano will be responsible for all non-credit programs at the College.

Dr. Hiscano is extremely qualified for the Executive Director position because of her drive and commitment to seeing projects to completion. She has the ability to plan and manage many projects and people simultaneously stated Union President Margaret M. McMenamin.

Dr. Hiscano joined Union in 2010 originally as the Director of Corporate and Career Programs for the Industry Business Institute. In this role, she was responsible for developing training programs for any size company who wanted to provide their employees with training. Courses include sales training, computer classes, ESL courses, restaurant industry courses, and other opportunities. After a few years, Dr. Hiscano was promoted to the position of Director of Continuing Education and Professional Development. In this position, she continued to oversee the programming for the Industry Business Institute but also was responsible for the continuing education and professional development courses, such as career certificate programs, and other non-credit training. As the Executive Director of Continuing Education and Workforce Development, Dr. Hiscano will continue to oversee the non-credit programs, such as the certificate programs and lifelong learning classes, and will expand her role to include the programming and needs of those community members served through the Center for Workforce Development, such as providing training for those who are unemployed or underemployed.

Prior to coming to Union, Dr. Hiscano served at Passaic County Community College as the Associate Director of Continuing Education and Workforce Development for six years. She gained experience managing programs under the New Jersey Community College Consortium for Workplace and Economic Development, a role she maintained at Union as well. She also managed regional workforce development initiatives and developed new programs for Passaic.

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Dr. Hiscano Named Executive Director of Continuing Education and Workforce Development - TAPinto.net