Daily News

NORTHAMPTON — The International Language Institute of Massachusetts (ILI) announced that La Wanza Lett-Brewington, Dora Tseng, and Jenni Greenhouse have joined ILI’s board of directors, bringing multiple talents, diverse cultural backgrounds, and a commitment to equity in education for all.

Lett-Brewington is back home in Western Mass. after leading Old Dominion University’s Women and Gender Equity Center in Norfolk, Va. for nearly a decade. She is now Title IX coordinator and Affirmative Action officer for Greenfield Community College (GCC) and Berkshire Community College. A graduate of GCC and UMass Amherst’s University Without Walls and Graduate School of Education, she is known for innovative work in leadership development, diversity, equity, inclusion, conflict resolution, human-services administration, and crisis management.

Tseng is access coordinator of Disability Services at UMass Amherst. In 2023, she celebrated her tenth year in the U.S., having arrived from Taiwan in 2013, and is now a permanent resident. Since coming to Western Mass., she has earned an associate degree from Greenfield Community College and a bachelor’s degree and master of education degree from UMass Amherst. As an immigrant, she is eager to share her experiences with newcomers and also continue her passionate commitment to social justice.

Greenhouse moved from her home country of Colombia to Northampton in 2013, quickly enrolled in ILI’s intensive English classes, and studied at GCC. She earned a bachelor’s degree from Western New England University and an MBA from Boston University and is now senior manager of operations for Customer Support at Pratt & Whitney in East Hartford, Conn. She envisions membership on the ILI board as an opportunity to put her business and leadership skills to use in making an impactful contribution to ILI’s growth and future.

The International Language Institute is a nonprofit language learning center in downtown Northampton, celebrating 40 years of teaching languages and training teachers.

Daily News

SPRINGFIELD — On Wednesday, March 6, the Boy Scouts of America, Western Massachusetts Council will host its annual celebrity server event at the Student Prince in Springfield. Thirteen local celebrities have volunteered to serve behind the bar and collect tips in support of the Massachusetts Council.

This years’ celebrities are Tony Liberopoulos, Liberty Bank; Andy Robb, Burgess, Robb & Grassetti, P.C.; Mike Sacenti, local entrepreneur; Aaron Smith, Streetlight Financial; Steve Nagel and Mike “Bax” Baxendale, Rock 102; Bill Gagnon, Excel Hand Dryer; Mark Di Franco, Di Franco Real Estate; Lt. Gen. L. Scott Rice, retired; Bob McNamara, McNamara Waste Services, LLC; Tim Suffish, St. Germain Investment Management; Jeff Sullivan, New Valley Bank; and Sam Hanmer, Rush Insurance Group.

From 5:30 to 8:30 p.m., they will serve up cocktails during an evening of music, food, and entertainment. The Student Prince offers an array of dinner options with a German flair, and 10% of all food sales will also be donated to Boy Scouts of America, Western Massachusetts Council.

The Western Massachusetts Council serves more than 2,000 youth ages 6-21. All youth, regardless of gender, sexual orientation, ethnicity, demographic, or personal circumstances are welcome to join its programs and gain a wide range of life skills, become active members of their community, and experience the outdoors, while having lots of fun.

Anyone who is unable to attend the celebrity server event in person may support online at www.wmascouting.org/server2024, and 100% of tips benefit the Boy Scouts of America, Western Massachusetts Council.

Daily News

SPRINGFIELD — Hampden District Attorney Anthony Gulluni invites the community to attend his annual St. Patrick’s Day Party on Friday, March 15 from 5 to 8 p.m. at the John Boyle O’Reilly Club located at 33 Progress Ave., Springfield. Tickets cost $20 and are available at the door.

In addition to food and drink, the family-friendly event will feature live Irish music from Don Healy, as well as Irish step dancing by the Black Rose Academy of Irish Dance.

Daily News

SPRINGFIELD — Springfield Rescue Mission invites the local community to participate in its annual Run to End Homelessness 5K/10K run/walk, which will be held on Saturday, March 2 at 10 a.m. in Forest Park, Springfield.

A complimentary spaghetti buffet and early registration event for all participants and their families will precede the run/walk on Friday, March 1 from 5 to 8 p.m. at the Basketball Hall of Fame. There, participants can pre-register, receive their race T-shirt and swag bag, visit vendor tables, enter to win raffle prizes, and enjoy a homemade spaghetti dinner to help fuel them for race day.

“We are hoping for a record-breaking year and have set a bold goal of $70,000, so every person counts,” said Kevin Ramsdell, executive director and CEO of Springfield Rescue Mission. “The money raised will help us expand our services for men and add services for women. With the spaghetti buffet event the night before, we look forward to a weekend of celebration while increasing awareness and raising funds to meet the growing needs of our community.”

The Springfield Rescue Mission offers much-needed services for the poor and homeless in Greater Springfield. As an emergency shelter, mobile feeding program, rehabilitation/transformation center, and transitional living facility, it provides food, shelter, clothing, medical attention, Christian counseling, financial literacy, workforce development, high-school equivalency, higher-education opportunities, and more, free of charge. These programs help local men take meaningful steps toward becoming responsible and productive members of the community.

“The need is great, so we encourage our community to come together and form teams with their friends, family, and co-workers,” Ramsdell said. “The weekend kicks off with a great night of food, raffle prizes, and music provided by the Q 99.7. Then, the next day, you can burn off those carbs by walking, running, or even skipping in support of your neighbors.”

To learn more and register for Springfield Rescue Mission’s Run to End Homelessness, visit runsignup.com/race/ma/springfield/endhomelessness.

Cover Story

Goal Oriented

 

Sean Dolan, general manager of the MassMutual Center

Sean Dolan, general manager of the MassMutual Center

 

Jeff Smith acknowledged that, at this time of year, he’s certainly plugged into the NCAA Division 1 hockey rankings, standings, and something called … bracketology, a science of sorts whereby an analyst, starting several weeks in advance, projects which teams will wind up in the season-ending tournament and where they will play.

Most of his attention is focused on UMass Amherst — he’s the school’s deputy athletic director for External Operations — which has been a regular in the tournament the past several years and won the national championship in 2021. But he’s also looking at how the tournament brackets will shake out and what the competition might be.

This year, however, he’s watching things even more closely, because there is much more at stake than where the Minutemen might play and whom — although that’s still top of mind, obviously.

Indeed, it was Smith who went to his boss several years ago with the idea of the university, working in tandem with the MassMutual Center and American International College, co-hosting one of the tournament’s regional slate of games.

Long story short — we’ll go back and fill in some of the details later — the three parties submitted a bid in early 2020 to host a regional round in 2023, 2024, and 2025, and the NCAA awarded Springfield one for 2024 — specifically, three games to be played later this month that will determine which team will punch their ticket for the Frozen Four, to be played in St. Paul, Minn.

Which brings us back to bracketology.

Smith and other organizers of this regional are watching closely to see which teams might be coming to downtown Springfield. UMass Amherst is very likely to be one of them — the team was ranked in the top 10 as of this writing and stood a good chance of winning either one of the 10 at-large bids or the automatic bid that comes with the Hockey East crown (it was in fourth place as the regular season was winding down). And if UMass is in the tournament field, he said, it will play in Springfield because it’s a host and the MassMutual Center is not its home rink.

Jeff Smith

Jeff Smith

“I think Western Mass. has become this 413 hockey hotbed right now.”

As for the others, quality hockey is assured, but another team or even two from the Northeast would be ideal, said Sean Dolan, general manager of the MassMutual Center, who described this venture as a financial risk for its partners, but one that those involved consider well worth taking.

“There’s financial risk here — there’s a guarantee that goes to the NCAA, and your finances need to be covered,” he said, adding quickly that several thousand tickets have already been sold, well in advance of Selection Sunday, and almost 1,000 hotel rooms have been blocked off for the NCAA, the teams, their fans, their bands, television crews, referees, and more.

The decision to bid for the D1 hockey regional is part of a broader effort to bring more sporting events of this nature to the MassMutual Center, a facility owned by the state and managed by MGM Springfield.

Indeed, bids have been submitted for D2 basketball (men’s and women’s), D2 and D3 wrestling, D2 and D3 volleyball, and additional D1 hockey regionals, he said, adding that, while word is awaited on those bids, it’s very likely that this spring’s regional will the first of many collegiate sporting events coming to the facility.

Jessica Chapin, director of Athletics at AIC, another partner in this venture who’s also watching bracketology closely, agreed. She noted that AIC, which has played in the tournament in recent years, is experiencing an injury-plagued season and is unlikely to be in the field of 16. And if it did win the Atlantic Hockey conference title, it could not play in Springfield because the MassMutual Center is the Yellowjackets’ home rink.

But AIC is sharing in the risk of hosting this regional, she said, adding that, like all those involved, she’s crossing her fingers on the draw and expecting a strong showing and more collegiate sporting events in the future.

“We’re super excited to hopefully have a team from down the Mass Pike,” she said. “Hopefully, that will be the top seed in our building, and that will help drive attendance to this event and make it great for not only AIC, but Springfield and the greater community.”

Mary Kay Wydra, president of the Greater Springfield Convention and Visitors Bureau, concurred, noting that the event should provide a real boost for the region’s tourism and hospitality sector, especially coming at an otherwise slow time of year she described as “our traditional mud season.”

“We’ve run the preliminary, and I’m stressing preliminary, economic-impact calculation, and, based on the current information available, the result is a little over $1 million for our local economy,” she said. “Of course, that number could vary up or down slightly depending on which teams participate, how far their fans will travel, how big their fan base is, and even the weather that weekend.”

“You have a community that’s really invested in hockey, and we will bring some the nation’s best talent to Springfield.”

Those comments certainly explain the interest in bracketology and the risks involved with this venture, which, overall, is seen as an opportunity to spotlight the emergence of hockey in this region and provide a boost to both its prominent arena and the entire hospitality sector.

 

New Gains

For those not familiar with the Division 1 hockey tournament, it’s very much like the better-known basketball event known as March Madness, only on a much smaller scale.

Indeed, while there are more than 330 Division 1 basketball teams spread across 33 conferences, each with its own automatic bid to the tournament, D1 hockey features roughly 60 teams in just six conferences, with teams mostly in the Northeast and Midwest.

Sixteen teams make the tournament, and deciding where they play can be a complicated process. Indeed, the selection committee likes to keep teams relatively close to home, for many obvious reasons, but there are competing forces, including the dominance of Hockey East, which could have three number-one seeds, requiring at least one of them to travel. Also, the committee tries to avoid teams from the same conference playing in the first round. And, yes, UMass being a host, guaranteeing it a spot in Springfield, complicates things even further.

There’s still three weeks for the brackets to be worked out, and local organizers will certainly be watching. But they’re expecting the event to sell and anticipating that the risk they’re taking will pay off — for Springfield, the region, the MassMutual Center, area businesses, and more.

The Frozen Four games are now played annually in cities and rinks with NHL teams, said Smith, adding that the regionals are usually played in smaller arenas, typically those that are home to American Hockey League teams — like the MassMutual Center, home to the Thunderbirds, a franchise that has seen success on and off the ice under the direction of President Nate Costa.

That success, coupled with the emergence of UMass Amherst and AIC as true hockey powers, is one of several motivating factors for bidding on the D1 hockey regional, said Smith and Dolan, who knew each other from when Dolan worked at the Mullins Center on the UMass campus, adding that a hockey regional is one way to build off that momentum.

Mary Kay Wydra

Mary Kay Wydra

“The NCAA has blocked 940 rooms in our area, which is significant for a late March weekend that coincides with the Easter holiday.”

“I think Western Mass. has become this 413 hockey hotbed right now,” said Smith, citing the success of AIC, UMass Amherst, and the T-Birds. “That’s kind of cool, and hosting a regional is a way to promote that and celebrate it.”

Dolan agreed, noting that bidding for the D1 hockey regional is part of a larger effort to bring more sporting events to the region and, overall, fill more dates at the MassMutual Center.

For many years, Springfield hosted a D2 basketball regional, he recalled, and even a D1 basketball regional in the ’70s when that tournament was much smaller. But there has been little in recent years beyond the the Hall of Fame Classic games each fall.

Dolan said Las Vegas has landed a number of collegiate and professional sporting events in recent years (it just hosted the Super Bowl, for example), and those at MGM Springfield and the MassMutual Center conferred with their partners in Vegas about how to bring similar events to Springfield.

At the same time, talks between those at the facility and UMass, and then AIC, about hosting D1 hockey picked up in intensity. The bid was submitted just prior to COVID in 2020, and word was received that Springfield had been awarded one of the regionals for 2024 that October.

And, as noted earlier, it was just the first of many bids to be submitted, said Dolan, adding that sporting events of this nature are advantageous for many reasons. They bring people to Western Mass. from outside the region, thus giving it some exposure while also filling hotel rooms and restaurants. They also bring energy to the downtown for several days at a time.

“Our goal is to have Springfield host an NCAA championship every year,” he told BusinessWest, “so that this becomes something that we all, as community members, can anticipate. The sport will change by the year, but we want to have something each year.”

 

Icing on the Cake

When asked what to expect over those three days in late March, those we spoke with said there will certainly be some quality hockey on tap.

After that … well, much depends on how this bracket comes together.

One recent bit of bracketology, from Feb. 21, had UMass Amherst, Boston University, Denver, and Cornell coming to the MassMutual Center; that’s three teams from the Northeast and one from 2,000 miles away.

But other factors will play into this equation as well, everything from the weather to the fact that this will be Easter weekend (in making their bid, the local partners specifically bid for games to be played on Thursday and Saturday, rather than Friday and Sunday, to avoid playing on Easter).

Advance ticket sales, as noted, have been solid, Dolan said, adding that the brackets will not be announced until the Sunday before the games start. Most tickets will be sold after Selection Sunday, he explained, but organizers will push for advanced sales, emphasizing the quality of the hockey and the fact that Springfield hasn’t seen anything quite like this before.

“The NCAA has blocked 940 rooms in our area, which is significant for a late March weekend that coincides with the Easter holiday,” Wydra said. “So this figure is a very good indicator of the likely impact on our accommodations sector. It’s a little tougher to predict the overall room demand without knowing which teams will make it into the regional tournament. Some fanbases are very engaged and will follow their teams more enthusiastically than others, and of course distance is a factor, but we’re certainly expecting the room demand to be high.”

Having the Minutemen, which have been averaging more than 5,000 fans per game this year and have drawn as many as 8,000 to some tilts, including one against Michigan, will be huge, but other teams are expected to travel well.

When asked how they will measure success, those involved said there will be several yardsticks, including everything from ticket sales to how well those attending the games support downtown businesses.

And the results may ultimately play into how well the three partners fare as they vie for other regionals — bids have been submitted for 2026, 2027, and 2028.

“We’re planning on having a lot of success with this,” Smith said. “And it would be great to have it where every few years we have this in our backyard.”

Chapin, a member of the BusinessWest 40 Under Forty class of 2023, agreed.

“You have a community that’s really invested in hockey, and we will bring some the nation’s best talent to Springfield,” she said. “So I expect near-sellout crowds for the event.”

Added Wydra, “we’re sure the NCAA will be looking at how Springfield measures up to the other regional tournament locations,” which include Providence, R.I., Maryland Heights, Mo., and Sioux Falls, S.D.

“Here, our attention will be focused on the hotel-occupancy data, ticket sales for the games, attendance at area attractions, and dining volume at local restaurants. We expect to see a busy downtown in late March, with foot traffic on the street, and our enthusiasm for this event is high.”

Now, they’re just waiting for the puck to drop.

Home Improvement Special Coverage

A Lifetime of Lessons

Curio and Frank Nataloni

Curio and Frank Nataloni

One great thing about opening a business, Curio Nataloni said, is that no one can lay you off.

Oh, sometimes businesses fail, but entrepreneurship means everything is in the owner’s hands, which can be scary, but has mostly been rewarding — for more than 50 years.

After returning from service in Vietnam in the early 1970s, “I was working on construction, and I kept getting laid off,” Nataloni told BusinessWest just a few days after his company, Kitchens by Curio, celebrated a half-century in business. So he took a cabinetry job for a homeowner in Longmeadow, and after some solid word of mouth in the neighborhood — resulting in other kitchen projects — even after his former employer summoned him back, he decided he’d rather venture out on his own.

“I did most of the bathrooms and kitchens that have ever been remodeled on that street; it was all referrals,” he said. “Did I make a lot of money? No. But I never got laid off again. That’s the bottom line. And that’s what my goal was.”

From there, he opened a showroom in Ludlow, which was open from 1 to 9 p.m. each day. “The next morning, if I sold anything, I would go out and install it — vanities and stuff like that. And that’s how I got started. Then I got another helper, and I kept on being consistent.”

Consistent enough to weather an economic downturn in the mid-’70s that saw 14 businesses in the kitchen sector shut their doors in a single year.

“I did the best I could,” Nataloni said. “I didn’t waste any money. A lot of people that would get some money, they’d go buy a new car. I didn’t buy a new car; I just reinvested in the business. Because that’s what it’s all about. Having a business is just like having a fire. You always have to put another log on.”

After 10 years in business, in 1984, Nataloni moved to his current location on Boston Road in Springfield. Around the same time, his brother, Frank Nataloni, who had worked with Curio part-time during summers, came on board full-time, and the two of them have steered Kitchens by Curio to consistent sales and growth for the next four decades, joined in recent years by Curio’s son, Michael Nataloni, who intends to continue to lead and grow the company whenever his father and uncle decide to take a step back.

Early on, Frank said, “cabinets were our core product. Prior to the big boxes, we would do a fair amount of retail sales, but most of it was install sales and renovation; that was the core part of the business and still is. Then, as the big boxes became more prevalent, our contractor business sort of started to disappear, so we just focused on doing our renovation work.”

Frank became one of the few designers in the area who is not only a certified kitchen designer (CKD), but also a certified bath designer (CBD). He also taught interior design classes at Bay Path University (then Bay Path College). Among the duo’s accolades, they are five-time national award winners in the CKD competition, two-time CKD award winners (Maytag and Wilson Art), and recipients of House Beautiful’s Kitchen of the Year honor.

Kitchens by Curio

Kitchens by Curio moved from Ludlow to its home on Boston Road in Springfield about 40 years ago.

“My grandmother taught me a lot of good practices that I still use to this day,” Curio said. “Our concept is very simple: it’s better to make a little bit every day than make a killing once every three months. That means you’ve got to be fair to the customer on price, and you’ve always got to deliver quality.”

Fifty years of success suggests that philosophy has been a sound one.

 

All in the Family

Like his uncle, Michael Nataloni worked on and off at the family business during his youth, and decided to make a permanent switch after working in college athletics for a decade and deciding that wasn’t for him.

“It wasn’t as fun as it had been,” he told BusinessWest. “So I was looking around at different things. I’ve always been kind of hands-on, and I’ve been doing stuff like this my whole life, so it was a good fit. I came back and I said, ‘wow, this is a great time. I’m going to get out of college athletics at the end of the year, and I’m going to get into this at the beginning of the year.’”

That year was 2020, and as soon as he arrived at Kitchens by Curio full-time, the world shut down.

But it didn’t stay closed in the home-improvement business, which took off in a big way once people started spending more time at home for work, school, and, well, everything.

“The timing was good,” Frank said. “Our business grew quite a bit after the pandemic. And there was no new construction, but there was a lot of renovation. And that always has been our strong suit, so it really played into our strengths.”

As for Michael, “he really doing every facet of the business. Right now, when we get to the end of a project, he’s like our ace reliever; he comes in and finishes any fine details. And he’s great with clients. I mean, we’re trying to find someone who doesn’t like him,” Frank continued. “He has a good attitude, and he wants to do a good job. And he’s always coming up to me saying, ‘well, what about if we do this?’ He’s trying to figure out different ways to do the work.”

Michael agreed that he takes a forward-thinking approach to his burgeoning career.

“Our concept is very simple: it’s better to make a little bit every day than make a killing once every three months. That means you’ve got to be fair to the customer on price, and you’ve always got to deliver quality.”

“One phrase that I’ve never liked is when anybody tells me, ‘well, this is the way we do it; this is the way it’s always been done.’ Well, that’s fantastic. But the world has changed. We’re not still flipping through magazines; we’re on the internet. And you have to follow that progression.”

The business uses a website called Houzz to help identify what customers are looking for, and even customers who walk in for the first time tend to have done plenty of their own online research — or watched a lot of HGTV — so they arrive with more specific ideas than customers in decades past.

Michael Nataloni

Michael Nataloni brings new perspectives and an openness to change to his developing second-generation leadership role.

Meanwhile, the brothers secured a contract to be the only kitchen and bath designer in New England with access to ProKitchen Oculus VR software, with the ability to change cabinet door styles and finishes, flooring, countertops, wall colors, and more in virtual-reality glasses.

“We can put people in the Oculus glasses, and they can walk through their kitchen,” Frank said. “It’s amazing. So we’ve invested in technology.”

Michael appreciates such developments. “You’ve got to be ahead of things. You can’t always be focused on the rearview mirror. So I try to envision down the road and ask, ‘OK, how can we move stuff around, display new things, include certain things that can move us forward and help with sales?’”

 

Change and Consistency

But Michael emphasizes more than forward thinking; he was also quick to acknowledge that trust is a key element in a successful home-improvement business.

“That’s one thing that I always stress with customers, even at the first meeting. I say, ‘this is a relationship. If you don’t trust me, the job’s never going to work.’”

Once that relationship is built, he added, most customers have no problem going out and leaving the crew at the house.

“Once you reach that point, you know it’s going to be a good fit and everyone’s going to be happy, and that’s the name of the game,” Michael went on. “If you do a good job for a customer, that customer’s going to tell 10 people. If you do a bad job, that customer is going to tell everybody.”

Curio also stressed that trust element. “The only thing we can do is give people a plan, a contract, and a sample of what the kitchen’s going to look like. So in reality, it comes back to people trusting you, and when they place that trust in you, you can’t shortchange them. So regardless of what we do, whether we make money or we lose money, the job has to be done right, period. That’s it.”

Clearly, these are values that have remained consistent over 50 years, even as styles have shifted dramatically in flooring materials, cabinet and appliance colors, and dozens of other elements.

“A lot has changed over the years,” Frank said. “When my brother founded the company in ’74, he was building cabinets in our parents’ basement part-time. The technology has significantly evolved, particularly with appliances. Styles have changed dozens of times over the years, and some of them are starting to come back again. But the two things that never changed were our dedication to quality and customer service.”

Law Special Coverage

New Year, New Protections

By John S. Gannon, Esq.

 

Last month, the U.S. Department of Labor (DOL) issued a final rule that provides businesses with guidance to be used when evaluating whether a worker should be classified as an employee or an independent contractor under the Fair Labor Standards Act (FLSA). The DOL is also expected to issue a final rule that will extend overtime protections to an estimated 3.6 million salaried workers who are currently exempt under the law. Read on for more details about both of these developments.

 

Employee or Independent Contractor?

There are lots of reasons why a business would want to classify an individual as an independent contractor instead of an employee. For starters, employees are entitled to minimum wage and overtime pay protections, while independent contractors are not.

Moreover, Massachusetts employees are afforded rights and protections under the state Paid Family and Medical Leave program and the Earned Sick Time Law. Employees can also take advantage of workers’ compensation benefits when they are injured on the job, and typically can collect unemployment if they lose their job. Independent contractors do not get these benefits.

As a result, agencies like the DOL and the Massachusetts Attorney General’s Office consider misclassifying employees as independent contractors to be a serious problem. To combat this, DOL recently released guidance that explains how to analyze whether a worker is an employee or independent contractor under the FLSA.

The new rule is generally considered more employee-friendly than previous guidance, and it looks at the ‘economic realities’ of the working relationship. If the economic realities show that the worker is economically dependent on the employer for work, then the worker is an employee. If the economic realities show that the worker is in business for himself or herself, then the worker is an independent contractor.

The following factors are used to guide the assessment of whether a worker is an employee under the FLSA or an independent contractor in business for himself or herself:

• Opportunity for profit or loss depending on managerial skill. If the worker has no opportunity for profit or loss in connection with the project they are working on for the business, they are probably not in business for themselves, and therefore employee status is suggested.

• Investments by the worker and the employer. This factor looks at whether the individual uses their own tools/equipment and the labor of others to further a true business. If these investments are being made, it suggests the worker is an independent contractor.

• Permanence of the work relationship. Independent-contractor relationships are typically set for a defined period of time, or until a project is finished. If the relationship is continuous/indefinite in duration, it suggests an employee-employer relationship.

• Nature and degree of control. Independent contractors set their own schedules free from supervision by their clients or customers. Conversely, if the worker is being supervised and has a set schedule, employee status is suggested.

• Whether the work performed is integral to the employer’s business. This factor looks at whether the work is critical, necessary, or central to the potential employer’s principal business, which indicates employee status. Where the work performed by the worker is not critical, necessary, or central to the potential employer’s principal business, this indicates independent-contractor status.

• Skill and initiative. The focus here is on whether the worker uses their skills in connection with business initiative. If the worker does, that indicates independent contractor status; if the worker does not, that indicates employee status.

Proper classification of workers is of critical importance to employers. As explained above, when an employer misclassifies an employee as an independent contractor, the worker cannot take advantage of numerous workplace protections afforded to employees. This can lead to significant administrative penalties for businesses, not to mention costly misclassification lawsuits. When the classification analysis is a close call, employers should consult with their employment counsel prior to making the determination to avoid costly mistakes.

 

New Overtime Protections for Millions of Employees

Last fall, the DOL announced a proposed rule that would increase the salary threshold for exemptions from minimum wage and overtime pay requirements under the executive, administrative, or professional exemptions — otherwise known as the EAP exemptions.

As a reminder, in order to qualify for an EAP exemption, employees generally must be paid a salary of at least $684 per week ($35,568 annually). The DOL’s proposed rule would raise the current minimum weekly salary threshold for exempt employees to $1,059 per week, which amounts to $55,068 annually. In short, this means that most employees with a salary of less than $1,059 per week will soon be entitled to overtime when working more than 40 hours in a workweek.

The DOL’s proposed salary threshold rule would also automatically update these earnings thresholds every three years. We expect the rule will be finalized in April, and may go into effect as soon as June. With the 2024 presidential election approaching, the Biden administration will want to finalize this rule as soon as possible to avoid a new administration rescinding the rule.

 

Bottom Line

We encourage clients to take a proactive, preventive approach to wage and hour laws. Consider having your compensation practices audited by experienced counsel to be sure your business is not mistakenly classifying employees as independent contractors. Also, an audit will help spot overtime exemption problems before litigation ensues.

 

John S. Gannon is a partner with Skoler, Abbott & Presser, P.C., one of the largest law firms in New England exclusively practicing labor and employment law. Gannon specializes in employment litigation and personnel policies and practices, wage and hour compliance, and non-compete and trade-secrets litigation; (413) 737-4753; [email protected]

Healthcare News Special Coverage

Peace of Mind

Allison Baker

Allison Baker says the Atrium at Cardinal Drive aims to both give residents a high quality of life and take stress away from their loved ones.

It’s a moment so many families dread — until they come out on the other side.

“There’s a lot of anxiety. There’s a lot of guilt,” said Allison Baker, director of Community Relations at the Atrium at Cardinal Drive in Agawam, about the decision to move a loved one — usually a parent or spouse — into the assisted-living facility, which specializes in memory care.

“Families can feel like they might be giving up on their loved one by moving them to a setting like ours. And I think our challenge is to show that you’re not placing your loved one in a place just to live out the rest of their life. The point of our community is to give them the best quality of life.”

Cathy Ballini, executive director of Mason Wright Senior Living in Springfield, agreed.

“I always tell families, ‘nobody shops for this until they have to shop for this.’ And there’s a lot of guilt involved when you take parents out of their home. But you have to look at the bigger picture of what’s best for them.”

What often precedes that discussion, especially with individuals with Alzheimer’s disease or another dementia, is large quantities of “caregiver burnout,” Ballini added.

“When one or two people are caring for someone, there comes a time when something is sacrificed or suffers because you’re not providing this level of care. There’s only so much one person can do to keep someone entertained. There’s only so much the television can do.

Cathy Ballini

Cathy Ballini

“That time they have left should be quality time. You’re taking the business end of the relationship and putting that on us so that you can truly enjoy your time with your with your parent, with your brother, with your spouse.”

“Coming here, they’re building friendships and trust with us so their relationship with the parent becomes what it should be,” she went on. “That time they have left should be quality time. You’re taking the business end of the relationship and putting that on us so that you can truly enjoy your time with your with your parent, with your brother, with your spouse.”

But what makes it quality time, and how does memory care differ from traditional assisted living?

Since it opened 26 years ago, the Atrium has featured two buildings with 22 apartments each, both dedicated to a memory-care model.

“We don’t divide residents based on their care level or their cognitive functioning,” Baker said. “With residents with memory loss or cognitive impairment, huge crowds can be overwhelming or overstimulating, so limiting the number of people is better for a resident. That’s why we have two neighborhoods. They have the same amenities — they both have a courtyard, they both have dining rooms, they both have the atrium area, they both have living rooms and sitting-room areas; they’re identical to one another.”

The Atrium aims to provide a level of care often associated with skilled-nursing facilities — such as two-person transfer assistance, feeding assistance, medication administration, and total care with all aspects of daily living — but in a home-like, assisted-living environment, she added. “It’s a little bit different model than most other communities, but the hope is that our residents can remain here in their home through end of life and not have to move to another setting.”

Mason Wright, like many assisted-living residences, has a neighborhood, called Reflections, dedicated to memory care on its third floor. There, “the caregivers build consistency and trust with the same people,” Ballini said. “The caregivers who are helping them out of bed in the morning are doing activities throughout the day and are serving meals to them. The routine is very important.”

That daily routine includes an extensive roster of activities that actively engage the mind. Residents in Reflections are able to join the rest of the Mason Wright community for events like entertainers, baking sessions, and other activities that anyone can enjoy, but also engage in activities exclusive to their neighborhood that are aimed at preserving cognition.

Laura Lovoie

Laura Lavoie

“Some people contact me when they’re almost at the end of their rope and they just need somebody to say, ‘it’s OK. You’ve done a great job, but there needs to be more support around them 24/7, and you need to sleep.’”

At the Atrium, Baker said, “we’re often able to pique new interest with our residents or encourage them to try something that they haven’t done, like our art therapy program, for example. Residents who have never had an interest in art or painting may be willing to try, and we have seen them partake in that and do an amazing job.”

The Atrium infuses music into many activities, she added, from bringing in professional musicians to utilizing the baby grand pianos in both neighborhoods to playing instrumental music during mealtimes.

“In memory care, music is something that resonates with pretty much the entire population, all of our residents. Not necessarily the same song or same genre, but music is something they can relate to, regardless of what stage someone’s at with dementia, Alzheimer’s, or any cognitive impairment.”

 

Helping the Helpers

Laura Lavoie straddles both the world of family caregiving and residential senior-care facilities through her consulting business, Our Dementia Life, which offers assistance to families dealing with the challenges of memory care and workshops and training to assisted-living facilities and other settings.

With the latter, “it’s really focused on relationships between the staff member and the person living with dementia so that they can give them better care,” she explained, adding that facilities are mandated to offer just two hours per year of dementia training, which isn’t nearly enough. “So many people, not only in memory care but in assisted living and independent living, have dementia, and nobody’s taught how to actually work with these people in order to support them and let them be as autonomous as possible and let them feel as empowered as possible, while still asking for help.”

Meanwhile, Lavoie said, “I also deal with families, especially people who have their loved one in their home, who are really struggling with how they can understand what’s happening, what’s going on inside their brain, and how they can communicate better so that they can care for them better.”

Sometimes those conversations lead to a realization that the family simply can’t do it alone. “Some people contact me when they’re almost at the end of their rope and they just need somebody to say, ‘it’s OK. You’ve done a great job, but there needs to be more support around them 24/7, and you need to sleep.’”

Lavoie said she got into this work almost three decades ago. “My grandfather had dementia. He had a brain tumor, and then he developed dementia because of it and lived with us for a couple of years. And I watched my mom care for him 24/7 with zero training, and she did a beautiful job, but I remember the struggles that she had.”

With people living longer and the over-65 population growing, the need for her services is only growing.

“The mindset at many facilities needs to change and grow with it, and we need people to be well-trained to work with these people in order for them to have a really good quality of life,” she told BusinessWest. “Just because you get a dementia diagnosis does not mean you stop living. Some people have dementia for many years, and why do they have to be bad years?”

She emphasized that the crux of her beliefs lies in looking at the person living with dementia and discovering — and cultivating — what they still have, rather than focusing on what has been lost. “There is a mass culture change that has to happen as the Baby Boomers begin to explode into the various realms of dementias, and I hope to be a part of that even more than I am now.”

Baker also wants to cultivate what residents enjoy, which is why residents at the Atrium are encouraged not to spend the majority of their time in their apartments, but rather in the common areas, taking part in activities that range from trivia and conversations about history to physical activities like cornhole or bowling, as well as outings to local restaurants, parks, and community events.

“We’re trying to keep our residents as engaged as possible throughout the day,” she explained, “with the understanding that we know not every single resident enjoys every single activity that we offer, but the idea is to offer such a variety that there’s something that our residents will enjoy.”

 

Being the Problem Solver

Meanwhile, what families enjoy is spending time with their loved ones without the burden of constant caregiving, Baker said.

“I often talk with families and say, ‘our goal is to relieve you of all that caregiver stress.’ We want them to be able to come and visit their loved one and just be their daughter, son, niece, nephew, husband, wife, and not be worried about whether they got their medications on time, did they take a shower, did they get whatever level of personal care that they may need? We want our families to visit their loved ones and let us worry about all of those other pieces.

“Sometimes you can visibly see the stress relieved from somebody,” she went on. “They just look so much more relaxed once their loved one acclimates.”

Ballini said the need for quality memory care is only growing, and most facilities have waiting lists — and, as a result, many people end up in nursing homes before they need to because there’s not enough spots at facilities like Mason Wright that can meet their care needs in a home-like setting. “In this age of medicine, people are living longer, and there aren’t enough beds for people.”

For the families that can access the right care, however, the rewards can be great, especially if they’re burned out on caregiving at home.

“To see someone come in, not knowing what to do with all the stress, walking through, and they’re not sure it’s right for their loved one, but then seeing their loved one a month or two later, it’s so gratifying,” Ballini told BusinessWest. “It’s nice to be the problem solver. You’re taking care of the family as much as the actual resident.”

Lavoie finds her work satisfying as well, both working with families and helping to train facility staff on how to interact with people with dementia, showing them techniques and communication skills that enhance quality of life for everyone involved.

“It’s the best thing in the world. I get these ‘a-ha’ moments all the time, where even really good care workers in facilities that are really dedicated realize they can make this person feel like they can paint again, and they come to you crying, saying, ‘you should have seen her face.’ Or families say, ‘I can’t believe this this is all it took.’ It’s just the most gratifying thing ever, and I’m thrilled to be doing it, and I just want to give more people the opportunity to learn more.”

Community Spotlight Special Coverage

Community Spotlight

Mayor Joshua Garcia, left, and Aaron Vega

Mayor Joshua Garcia, left, and Aaron Vega can list intriguing signs of progress on many fronts in Holyoke, especially in efforts to attract ‘clean tech’ ventures.

 

As he talked about Holyoke and its many marketable assets, Mayor Joshua Garcia listed everything from its location — on I-91 and right off a turnpike exit — to its still-large inventory of old mill space and a few available building lots, to its “green, clean, and comparatively cheap” hydroelectric energy.

And all of these assets, and especially that clean, cheap energy, came into play as the city courted and successfully landed Sublime Systems, a startup currently based in Somerville that has developed a fossil-fuel-free, low-carbon cement, and will produce it at a long-dormant parcel off Water Street, perhaps by the end of 2026, employing more than 70 people.

Sublime is exemplary not only of how to maximize the city’s assets, but also of the type of business the city is trying to attract — those in ‘clean’ or ‘green’ technology and manufacturing.

“Sublime is an example of where we want to go,” said Aaron Vega, director of the city’s Office of Planning and Economic Development. “We want to stress our roots in manufacturing and innovation, and now that encompasses clean energy and green tech.”

The pending arrival of Sublime Systems is just one of the many intriguing story lines involving Holyoke. Others include the announcement last month that the city, working with local entrepreneur Cesar Ruiz, is trying to advance plans for an Olympic-style sports complex (one with a projected $40 million to $60 million price tag); new housing proposals in various stages of development; a steady stream of new entrepreneurial ventures fueled by EforAll/EparaTodos; ongoing efforts to revitalize the historic Victory Theatre; and many converging stories involving the city’s cannabis cluster.

One of them concerns contraction of that sector, planned businesses simply not getting off the ground, and the resulting impact on commercial real estate in the city and especially a number of those aforementioned former mill buildings.

“Housing is a focus for us, and it’s tied to economic development. We can bring a fair amount of support to developers who want to do housing projects in the city, but it is a long game, and it’s expensive.”

As many as a dozen of them were acquired with the intention of housing a dispensary or growing facility, but the slowing of the initial ‘green wave’ has left these new owners — all of whom bought high, when the market was red hot, and some of whom have already invested in their structures — looking for buyers and other uses.

And, in many cases, they’re dialing Vega’s number and looking for help, or at least some guidance.

“A lot of people think my office is like a broker … but we’re not moving private property in that way,” he said with a laugh, adding his team will certainly help make connections that might lead to a deal. “We’ll refer people and say, ‘this property is empty, but you have to deal with the owner.’

“They overpaid for these buildings, so it will be interesting to see how they’re going to unload them,” he went on. “Will they put them on the market at a reduced rate, or will they try to earn their money back with a profit?”

Housing is certainly an option, but an expensive and often-difficult one, he continued, adding that, while there is certainly a need for more housing in Holyoke, as there is in most communities in the 413 and across the state, conversion of old mills for that purpose requires capital, patience, and some luck, all in large quantities.

Joshua Garcia

Joshua Garcia

“We’ve been pulling back that curtain to the point where the buzz now is that there’s a lot going on in Holyoke; the reality is, there’s always been a lot going on in Holyoke.”

“Housing is a focus for us, and it’s tied to economic development,” Vega said. “We can bring a fair amount of support to developers who want to do housing projects in the city, but it is a long game, and it’s expensive.”

For this, the latest installment of its Community Spotlight series, BusinessWest looks at these various storylines and, overall, a city making great strides on several fronts.

 

Curtain Calls

Garcia calls it “pulling back the curtain.”

That’s how he described his office’s ongoing efforts to tell Holyoke’s story and let people know about the many positive developments happening there.

“We’ve been pulling back that curtain to the point where the buzz now is that there’s a lot going on in Holyoke; the reality is, there’s always been a lot going on in Holyoke. It’s just that people have been in their own bubble, believing whatever perception they want to believe about the city,” he said, adding that he’s trying to enlighten people through various vehicles, including a newsletter of sorts that he writes himself and emails to more than 150 people.

It’s called “From the Mayor’s Desk,” and the latest installment includes updates on a wide range of topics, from the proposed sports complex to planned informational meetings to be staged by MassDOT, in collaboration with city officials, on proposed corridor improvements on High and Maple streets; from the scheduling of shuttle service from MGM Springfield to Holyoke City Hall for the upcoming St. Patrick’s Parade and Road Race to some recent news items, including Garcia’s strong comments following state Commissioner of Elementary and Secondary Education Jeff Riley’s refusal to end the receivership of Holyoke’s public school system.

“The decision should have been a resounding ‘yes,’ with a commitment to confer in a reasonable timeframe to transition,” the mayor wrote in a response to the commissioner’s announcement early last month. “Instead, a different message was sent with no plan, no benchmarks, no firm commitment, but just, ‘we are not saying no, but let’s talk more.’”

The lack of progress on the receivership issue aside, the newsletter is generally replete with large doses of positive news, said Garcia, adding quickly that he is aggressively pushing for more in the months and years to come.

Jordan Hart

Jordan Hart

“Our future is tourism, and we need to create opportunities for that to take place.”

Indeed, Garcia, a lifelong resident, was frank when he said he’s tired of hearing about Holyoke’s potential, adding that this word is generally saved for young people, rebuilding sports teams, and startup companies. Holyoke recently celebrated its 150th birthday, and is “way beyond potential,” said the mayor, adding that the city’s “commercial renaissance,” as he called it, is in full swing.

As examples, he cited both Clean Crop Technologies and Sublime Systems, the latter of which was mentioned by Gov. Maura Healey at her State of the State address as an example of how the Commonwealth is building what she calls a “climate corridor.”

Holyoke would certainly like to play a large role in the growth and development of that corridor, said Vega and Garcia, adding that the city plans to take full advantage of those assets listed earlier and attract more companies that fit that profile and join what is the start of what could be called a cluster, with examples like Clean Crop, which uses electricity to revolutionize food production and safety, and also Revo Zero, a Virginia-based hydrogen-energy supplier, which has chosen Holyoke as the site of its Northeast hub. The company works with airports, municipalities, college campuses, and other entities to convert their fleets to hydrogen-powered vehicles.

 

Momentum Swings

John Dowd, president of Holyoke-based Dowd Insurance, which recently celebrated its 125th anniversary, said the emergence of these companies is part of the sweeping, ongoing change that has defined the city since he grew up there.

He remembers shopping for back-to-school clothes with his parents in the many department stores that dotted High Street back in the ’70s. They are now gone, and for several reasons, including the building of the Holyoke Mall, as are most of the paper and textile manufacturers that gave the city its identity.

The work to create a new identity has been ongoing for roughly a half-century, he told BusinessWest, and will continue for the foreseable future.

“Slowly but surely, positive things have been developing downtown,” he said, adding that Holyoke is a city where the past and present come together nicely. “And when you catch those canals on a beautiful, crisp winter morning with the steam rising off them, it’s a beautiful picture, and you can almost see what Holyoke was like in the very beginning, when my relatives arrived.”

Change has been a constant for that half-century or more, Dowd and others said, adding that more change is imminent — and necessary.

Indeed, with the cannabis industry stuck in neutral, if not moving backward, there are now several old mill buildings that could become home to such ventures, said Vega and Garcia, noting that the fate of properties purchased for cannabis-related uses is an intriguing, somewhat unique challenging now facing the community.

Vega estimates there are six to 12 properties in this category, including the former Hampden Papers building on Water Street, purchased by GTI but never outfitted by cannabis use, as well as other properties on Appleton Street, Canal Street, Commercial Street, and others. And that list will soon include the massive, block-long mill on Canal Street currently occupied by Trulieve, which is pulling out of Massachusetts.

Jordan Hart, executive director of the Greater Holyoke Chamber of Commerce, said the cannabis industry has obviously provided a boost for the city and its commercial real-estate sector, but it has certainly plateaued, leaving opportinties for businesses in other sectors, including clean tech, to create further momentum.

Like the mayor, Ruiz, and others, Hart sees the proposed sports complex as another potential economic engine for the city, bringing people, and dollars, from outside the region and, in the process, perhaps fueling the start, or continued growth, of other businesses in the tourism and hospitality sector.

“The broad goal is to get more people to come and support Holyoke businesses, and I think the sports complex will definitely do that,” she said. “People staying for a weekend are going to need things to do, so this is really big time for Holyoke to realize that this is our future. Our future is tourism, and we need to create opportunities for that to take place.”

 

Developing Stories

While the sports complex, attracting businesses to be part of the climate corridor, and coping with the dramatic changes coming to the cannabis industry are the lead stories in Holyoke today, there are certainly others, including the ongoing issue of housing and creating more inventory, which is more of a regional story than a Holyoke story.

There are some new units coming online, said Garcia, noting that Winn Development began construction of 88 units in a former alpaca wool mill on Appleton Street. Meanwhile, the new owners of the massive Open Square complex have initiated discussions on creating 80 units of new, market-rate housing in one of the mills in that complex.

The Winn Development project is an example of progress on this front, but also of the many challenges facing those who want to convert properties in the city for that use, Vega said.

“Winn Development is a company that’s obviously well-versed in how to manage these projects,” he said. “They had 11 different pots of money, including historic tax credits, put together in an 88-unit development, and it took almost 10 years.”

While such projects are difficult and certainly don’t happen overnight, the city will need more housing if it is to attract more companies like Clean Crop and Sublime Systems, said the mayor, noting that these and other businesses have expressed concern that, without more inventory, it might become difficult to attract young professionals to the city.

“When we first met with Clean Crop, their first question was, ‘what is your housing plan?’” Vega said. “It wasn’t about business incentives, it was ‘what’s your housing plan, because we’re bringing in people that want to live in this area.’”

Garcia concurred, noting that, like other communities in the region, Holyoke needs a mix of market-rate and affordable housing to meet both its current and future needs. And, overall, the city has the space and the motivation for more housing; what it needs are developers with the patience and skill sets needed to make such projects happen.

Hart agreed, noting that new housing is not only crucial to attracting and retaining businesses, it is a core element in the revitalization of any city, and especially its downtown area.

“We have an overabundance of downtown storefronts that have vacant residential units above them,” she said. “There’s no reason why we can’t be creating downtown living to support the new downtown economic development that’s happening. And that housing will create a safer downtown because you’re going to need more light, and you’re going to need more amenities to help accommodate the people moving into downtown.”

Another ongoing story in Holyoke is entrepreneurship and a steady stream of new businesses getting their start in the city or one of the surrounding communities, said Tessa Murphy Romboletti, executive director of EforAll/EparaTodos in the city. She said the agency is currently working with its 21st and 22nd cohorts of aspiring entrepreneurs, with graduation coming this spring.

The previous cohorts have graduated more than 200 businesses across many different sectors, from restaurants to retail, she said, noting that several of them have become part of the fabric of the city’s business community. She listed Paper City Fabrics, now located in a storefront on High Street, and Raw Beauty Brand as a couple of the many examples of how the agency has helped individuals move from concept to business reality.

There are now several dozen such businesses, she said, adding that EforAll provides many services and support, but mostly helps businesses make the many connections they need to get off the ground or to that proverbial next level.

Holyoke at a glance

Year Incorporated: 1786
Population: 38,328
Area: 22.8 square miles
County: Hampden
Residential Tax Rate: $18.95
Commercial Tax Rate: $40.26
Median Household Income: $37,954
Median Family Income: $46,940
Type of Government: Mayor, City Council
Largest Employers: Holyoke Medical Center, Holyoke Community College, ISO New England Inc., PeoplesBank, Universal Plastics, Marox Corp.
* Latest information available

“We do our part to help them figure out how to navigate the issues they face and know who to connect with in each municipality, whether it’s Holyoke, Chicopee, or wherever, and enable them to make those relationships,” she told BusinessWest.

Meanwhile, another growth area is tourism and hospitality, said Garcia, noting that the planned sports complex, announced at a well-attended press conference at the Volleyball Hall of Fame, is part of that mix.

Another part is the growing list of festivals and other annual events, including Fiestas Patronales de Holyoke, which, in its second year, drew thousands of visitors to the city and established itself as an emerging tradition.

Already well-established are the Holyoke St. Patrick’s Parade, which last year celebrated its 70th anniversary, and accompanying road race, both of which are family events and economic engines for the Holyoke economy.

Hayley Dunn, president of this year’s parade and road race, noted that this year’s parade is actually on March 17, which adds another element of intrigue and also means that it comes earlier than most years, which raises more concern about the weather, which is often a big part of the story.

The bigger parts are the ways families and communities come together to mark the occasions — the road race has its own huge following — and how they provide a huge boost for area businesses. Indeed, a Donahue Institute study conducted several years ago found that parade weekend injects $20 million into the local economy. And there are dozens of events across several communities in the weeks leading up to the parade that also fuel the hospitality sector.

“The parade may go down the streets of Holyoke, but it’s truly a regional event,” Dunn said. “Other cities that are part of our parade — Springfield, Chicopee, Westfield, and others — have their own events as well. Meanwhile, the road race is a huge block party. Both events really support our local businesses.”

 

Bottom Line

Getting back to his newsletter, “From the Mayor’s Desk,” Garcia said it’s just one of the many ways in which he’s trying to inform people about all the good things happening in his city.

Others include extensive use of social media, as in extensive. And, from all accounts, effective.

“Someone approached me one time and said, ‘whoever is handling your public relations and communications is doing a great job.’ I said, ‘you’re looking at him.’”

Beyond his work on Facebook and Instagram, Garcia, working with other city officials, is doing what he can to generate more of these positive developments — on fronts ranging from clean tech to tourism to housing.

And while it’s still early in the new year, it appears he’ll have quite a bit more to write about in 2024.