Daily News

Evan Garber

SPRINGFIELD — Evan Garber has been named senior consultant and vice president of A.L. Cignoli & Associates Inc. Garber, who received his master’s degree in public affairs from the UMass Amherst School of Public Policy, started working with the firm as an intern during his time as an undergraduate student at UMass studying political science and education.

“Day one, as an intern, we knew Evan had every skill necessary, and more, to help serve our diverse clients, from crisis communications to event-plan execution to navigating the halls of local and state governments, as well as the wild waters of Washington D.C.,” said Anthony Cignoli, president of A.L. Cignoli & Associates Inc.

“Evan jumped right into several significant corporate client challenges for us, handled some very delicate political campaign issues, and had the compassion and background to assist several of our social-service clients, all from the start of our relationship with him. We are grateful that this exceptionally talented and energetic young man decided to accept our offer, to continue with us and stay here in our home base of Western Massachusetts,” Cignoli added. “It is important to me that young people with Evan’s skill remain in our region. Though our firm’s clientele reaches beyond the region, keeping someone with Evan’s talent here is a big win for us. And on top of all that, we’ve had a lot of great success with Eagle Scouts on our team over the years.”

Garber attended Chicopee High School and found his first interest in history, theater, leadership, economics, and politics there. Throughout his time at UMass, he was able to refine those interests.

“It’s amazing how those five things I was really into cross over and reinforce each other. The skills I learned from pursuing them are ones that I very much use every day in the government and public-relations field,” he said.

While in college, Garber chaired the UMass Theatre Guild, got experience working in grassroots political campaigns, was on the student staff of the UMass Marching Band, and got his class B commercial driver’s license to work at UMass Transit.

“When I began my first internship in 2019, I had been thinking of a different career path,” he recalled. “I knew I needed some real-world experience in public and media relations for that initial path. Working with Tony and the amazing people who are the firm’s clients and associates, I realized that the impact and difference I hope to make could be achieved through this specialized profession. The charitable and pro bono work we do is gratifying and exhilarating.”

Garber is thankful for the opportunity to work with clients both in Western Mass. and around the world.

“Every day working for our clients is unique,” he said. “From some of the biggest names on the planet in manufacturing to Western Mass. food cooperatives, farmer’s groups, healthcare, retail cannabis, entertainment industry, and social-service organizations, it is a great mix of economic impactors that make a difference in real people’s lives. And when we add in the excitement of challenging political campaigns, there are no dull moments.”

Garber will be responsible for oversight of all Cignoli client efforts. He works directly with Cignoli on all daily client operations, including drafting strategies, media monitoring, designing solutions that are customized to the firm’s unique clients, and contributing to the successful results of clients.

Daily News

Bobby Tyrol III

PITTSFIELD — Pearson Wallace Insurance announced a new hire, Marc Membrino, and shared the achievement of current employee Robert “Bobby” Tyrol III, who has acquired his property and casualty insurance producer license.

Membrino joins the team with an extensive background in the insurance industry. He moved to the Berkshires in 1979 and worked for his family-owned insurance company, which he later bought in 1989 and subsequently sold years later. Membrino’s current role with Pearson Wallace Insurance is customer service representative, in which he rates and services policies and provides help to customers.

Tyrol has been with Pearson Wallace Insurance for two years. He moved to the Berkshires in 2015 after taking a job at the Berkshire Hills Golf Course in Pittsfield, where he was an assistant golf professional for six years. In 2021, he decided he needed a career shift and joined Pearson Wallace Insurance as a personal lines client manager.

After receiving his insurance designation of a property and casualty producer, Tyrol has been promoted to customer service manager. He takes charge of all personal-line services for Pearson Wallace Insurance, with the goal of making customers’ experiences seamless.

Daily News

WEST SPRINGFIELD — AXiA Insurance Services recognizes the recent professional achievements of two employees in its West Springfield location.

Aidil Cortinhas, personal lines account relationship manager, earned the certified insurance service representative (CISR) designation. The CISR program is nationally recognized with the mission to further develop insurance-related competencies for industry customer-service representatives.

Cortinhas has been with AXiA since October 2017, servicing clients’ home and auto insurance coverage. She is also a current member of the company’s team and events committee, which coordinates company employee events, and an active volunteer in AxiA Charitable Fund programs.

Colin Dandy, administrative coordinator, earned his property and casualty insurance license, having passed the Massachusetts state exams. This qualifies him to now sell insurance coverage, continuing his growth track at the agency and in the industry. Dandy has been with AxiA since September 2022, after graduating high school that same year. He currently is a member of a company process/procedural committee.

Daily News

SPRINGFIELD — Edward Caisse III, unit director at the Hampden County Sheriff’s Office, will be the keynote speaker at the Fostering Equity and Inclusion for Latinas/os in Child and Family Welfare Conference on the Springfield College campus on Wednesday, March 13. The conference is the culmination of a year-long community awareness and development campaign led by Social Work Professor Miguel Arce, the 2023-24 Distinguished Springfield Professor of Humanics.

The goal of the conference is to facilitate public discussion and raise awareness about the crises that resilient families must overcome. The conference promotes the participation of all sectors of the broader community and seeks a sense of shared responsibility in the pursuit of better living conditions for all. Fostering inclusion and equity for Latina/o children and their families’ well-being is a call to action, and 37 workshops at the conference will address a variety of topics related to equity and inclusion in the local Latina/o community. The conference is open to the public and the Springfield College community, and registration is required.

This conference is approved for five category I credit hours for social workers by the Springfield College master of social work program, which is an authorizing body for granting continuing-education units for re-licensure of Massachusetts social workers.

Additionally, this conference is approved for seven professional development points (PDPs) for educators by the Springfield College Department of Educator Preparation and Licensure, an approved Massachusetts Department of Elementary & Secondary Education professional-development (PD) provider. PD certificates will be provided to participants for a total of seven PDPs in Safe and Supportive Learning Environments that educators can use toward licensure renewal requirements.

For more information, a complete schedule, and to register, visit springfield.edu/fosteringequity.

Features

Concrete Example

It’s called the Justice40 Initiative, also known as Section 223 of Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad.”

It was issued by President Biden his first week in office back in 2021, and it directs 40% (hence the name) of the overall benefits of certain federal investments — including those in clean energy and energy efficiency, clean transit, affordable and sustainable housing, training and workforce development, and more — to flow to disadvantaged communities.

Holyoke still fits that description, and the fact that it does is one of many factors that has brought Sublime Systems, the Somerville-based startup that manufactures what it calls “low-carbon cement,” to the Paper City in an ambitious, $150 million venture that brings the city’s past, present, and future together.

Specifically, Sublime, guided by the Justice40 Initiative tools, its pending application for funding to the Department of Energy’s Office of Clean Energy Demonstrations, and other factors, including accessibility to abundant renewable energy (hydropower), eventually settled on a 14-acre sliver of land, an island in some respects, that lies between the city’s lower canal and the Connecticut River to scale up its operation.

There, the company expects to break ground in early 2025 on a plant that will produce 30,000 tons of cement that is much kinder to the planet than the products that have been produced to date. The application to OCED is for funds for accelerated construction of this facility, and the program in question is one of many covered by Justice40.

“Sublime ultimately selected Holyoke because of the dual opportunity to help local people in the near term while working toward swift and massive impact on global CO2 emissions,” said Erin Glabets, Sublime’s head of Communications, as she summed up the company’s mission — and decision to take its next critical step in Holyoke — in succinct fashion.

Launched from research at the Massachusetts Institute of Technology, the company was founded by Leah Ellis and Yet-Ming Chiang to essentially revolutionize cement production.

“Sublime ultimately selected Holyoke because of the dual opportunity to help local people in the near term while working toward swift and massive impact on global CO2 emissions.”

While doing that, it has become part of an exciting new era in manufacturing in the nation’s first planned industrial city, one focused on green manufacturing and green energy.

Indeed, while Sublime is an environmental story and part of what Gov. Maura Healey calls the ‘climate curtain’ taking shape in the Commonwealth, it is also an economic-development story and an example of the kind of company Holyoke is trying to attract with its strong blend of clean, lower-cost hydroelectric energy; large inventory of old mill space; and accessible location off several major highways.

“Sublime Systems’ low-carbon cement manufacturing project is not just a business development — it is a major stride towards the Holyoke we envision — innovative, prosperous, enterprising, and future-oriented,” Holyoke Mayor Joshua Garcia said. “By supporting this initiative, we are fostering a new paradigm where economic growth and the health of our planet are seen as interconnected and interdependent, not separate or mutually exclusive.”

 

Cleaner and Greener

As noted, this is a story with many elements, both figuratively and literally, the most obvious being a fundamental change in not only how cement is produced, but how such production impacts the environment.

“The founders wanted to de-carbonize cement,” Glabets said. “Cement is a huge emitter, a high-polluting industry just as a function of how it’s made, and it’s been made the same way for about 200 years — by taking limestone, a mineral that is half carbon dioxide by weight, and breaking that down into reactive ingredients.

“When you break it down, all that CO2 gets released into the air,” she went on. “And the way you break it down is with a very high heat process — a fossil-fuel kiln that needs to reach about 1,400 degrees Celsius. All that contributes to very high carbon emissions for the industry.”

Sublime takes a much cleaner and greener approach, using an electrochemical process that can turn abundantly available non-carbonate rocks and centuries of industrial waste that don’t release CO2 when they are decomposed into cement at ambient temperature — eliminating the need for fossil fuels entirely.

“We can use minerals that don’t have CO2 in them, so there’s no emission on that side,” she explained. “And we can do it at low heat and with a fully electrified process, so there’s no emissions there, either. So the cement has the same chemical makeup as the old stuff, as the more polluting, Portland cement, as it’s called, and it can be used in concrete the same way.”

The company has taken production to a pilot level — about 250 tons per year — in Somerville, Glabets said, adding that the next step is essentially scaling up. And that’s where Holyoke becomes a huge part of the story.

Elaborating, she said most cement plants currently operating in this company produce 1 million tons per year. Sublime wants to someday get to that level of production, but in the meantime, it will take the incremental, or intermediate, step of creating what could be called a demonstration facility.

As it commenced a search for where to build that facility, the company considered a number of factors. For starters, she said the company wanted to be close to sources of raw materials, and also close to its headquarters in Somerville. Meanwhile, it would require a large footprint on which to build, and sites of the size eventually found in Holyoke, about 14 acres, are becoming increasingly difficult to locate.

Other ingredients include accessibility, an ample supply of customers within a short distance of the demonstration facility, as well as a community that would welcome such a large-scale industrial manufacturing facility and had the zoning and permitting for it, she went on, adding that not all cities and towns are welcoming.

And then, there’s the company’s desire for clean energy to power that plant.

“Because what we do is meant to be as green as possible, powering our electrical process with renewables is really important,” she told BusinessWest. “So finding a place with a really green grid was at the top of our list.”

As was a desire to address some of the goals of the Justice40 Initiative, said Pat Beaudry, a Holyoke native now serving as the company’s Project Development manager.

He described his recent work as a “reality check” to determine if Sublime’s facility was something Holyoke residents really wanted and needed in their community. After months of meeting with various constituencies, including residents, officials, nonprofits, labor, and economic-development agencies, he said the answer to that question was a resounding ‘yes’ — for many reasons, he said, but especially a desire to write a new and exciting chapter in the city’s long and distinguished industrial history.

“Even though a lot of people in the city don’t have a direct history of working in the paper mills, they grew up hearing stories from their parents about what it looked like then and the opportunities that abounded downtown,” Beaudry told BusinessWest. “And I think people are ready to go back to the future with a cutting-edge industry.”

 

Rising Interest

There were a few other options to consider for locating the plant, Glabets said, but Holyoke’s assets, overlaid with the guidelines of Justice40 Initiative, steered the company to the Water Street site, which was home to a series of paper mills that were consolidated over time but had been dormant for several years and were eventually demolished.

Construction, as noted, is expected to begin in early 2025, with the plant coming online in 2026. The cement it produces will be an in-demand item, she noted, adding that end users, be they municipalities or private businesses, are increasingly looking to incorporate green building materials in their projects, thus reducing their overall carbon footprint and what are known as scope 3 emissions, indirect greenhouse-gas emissions that occur in an organization’s value chain.

“Many large companies are working to reduce those scope 3 emissions. And when building a new facility, whether it’s a large data warehouse or something to house any sort of operation, if they can build that facility in very a low-carbon way, that’s one way to accomplish that goal,” Glabets said.

She added that Sublime is already seeing solid interest from large infrastructure owners and end companies that fall into that category.

“Because today’s cement is so high-emitting — for every ton of cement made, a ton of CO2 gets released — this is a very effective lever for reducing those emissions.”

Professional Development

Professional Development

Ian Noonan teaches a workforce-development class at STCC.

Ian Noonan teaches a workforce-development class at STCC.

It’s called the IT Academy.

Launching on March 12, it’s a new program within Springfield Technical Community College’s (STCC) Workforce Development Center that focuses on cybersecurity, a growing field with a constant need for new talent.

“We’re really excited about this one,” said Ian Noonan, STCC’s director of Instruction and Asssessment for Workforce Development, noting that the program will have full- and part-time options. “There is such a big need for that piece, and this is a pathway to build careers in IT and cybersecurity. We want to make it easier for folks trying to break in, maybe non-traditional students who are not going to college.”

Indeed, the Workforce Development Center (WDC) focuses its considerable energies on such students, who are not taking classes for college credit, but instead training for employment in fields that badly need a stronger pipeline of talent.

“We offer plenty of different workforce-development, certification-based programs,” Noonan said. “Some matriculate into credit-bearing courses, and some are ways to earn certifications.”

One of the more popular options is the certified nurse aide (CNA) program, which prepares students with entry-level job skills that allow them to enter the healthcare field and prepare for the state board examination to become a CNA.

Other healthcare options include phlebotomy technician, emergency medical technician, EKG technician, and a few options for people already working in healthcare, including phlebotomy certification, CPR basic life support, and dental radiology.

“We’re always looking at what the best needs are for the community and how best to support students in building skills, earning certifications, and getting hired.”

The WDC describes its offerings as “non-credit programs and classes meet the ever-changing technology and workforce demands of individuals, businesses, and industries in the region.”

Part of that role is coordinating with the STCC Career Services Center to provide internship opportunities as well as full- and part-time employment opportunities. Meanwhile, the programs and classes offered at the center include both instructor-led and web-based workforce training and certifications in a wide variety of areas, including advanced manufacturing, construction and project management, healthcare, skilled trades, IT/network certification, and certification and license preparation in areas like auto damage appraisal, drinking-water treatment and distribution, and ServSafe preparation for food handlers and managers.

“One of the bigger programs we do is a HiSET/GED adult-education program funded through the state on a five-year grant,” Noonan explained. “With that, we provide HiSET and GED prep courses, both day and evening, both in person and online, as well as for students who are just getting started. We run these sessions in eight-week programs.”

 

Help Where It’s Needed

Among other programs at the WDC, the Educators’ Academy provides a free, 10-week course to prepare participants for the job of paraeducator in the Springfield Public Schools. Para-educators work with teachers and other school staff to provide instructional assistance and classroom support.

Another free offering is the Hampden Prep program for basic computer use skills, which helps reduce the digital divide that keeps many individuals from accessing jobs. The course provides instruction in technology and digital literacy, and students work to improve their computer and job-ready skills as well as prepare to earn certificates.

Noonan said the WDC is also developing a green-jobs program to create a pathway to support another rising industry. “We’re always looking at what the best needs are for the community and how best to support students in building skills, earning certifications, and getting hired.”

It’s critical work, he added. “This is so important, not just for students, but for the community as a whole. We’re talking about students coming into these programs, especially for the HiSET or the GED, who weren’t successful in traditional schooling, and this is a great opportunity for them to build their academics and learn those skills they need to move into a career.”

One benefit of the Workforce Development Center is that students are assigned a college and career advisor as soon as they start classes.

“It’s incredibly rewarding work to meet our students where they are. That’s why we’re here.”

“Our students all have access to that,” Noonan said. “We’re able to support them with résumé development, interviewing skills, cover letters, anything that will help support our students with that next step.”

Students enrolled in programs at the center also get access to all the college’s resources, from disability services to the Center for Access Services, which assists with needs like food and housing assistance.

“The mission of the college is to transform students’ lives. And what we’re doing here at the Workforce Development Center sets the stage for students to transform their lives and create better lives for them and their families,” Noonan said. “We’re here to support them with whatever they need, with programs ranging from HiSET and GED prep to getting their master electrician certification. There’s a lot here to offer the community.”

 

Rewarding Work

Noonan said it has been personally gratifying to him to see the impact the WDC has on people who may have walked an erratic path to get an education, or may have previously struggled with high school or college, but are now able to take the first steps toward a fulfilling career.

“It’s been great work, getting to see student success from day to day, seeing students who may not have been successful with traditional schooling be successful,” he told BusinessWest. “It’s incredibly rewarding work to meet our students where they are. That’s why we’re here.”

Home Improvement

Up Close and Personal

Andrew Crane

Andrew Crane says the Home Show is both a helpful experience for homeowners and a fun day out with family or friends.

 

Andrew Crane said the annual Home & Garden Show staged by the Home Builders and Remodelers Assoc. of Western Massachusetts (HBRAWM) began as a way to get contractors out in front of people who needed projects done.

These days, with the prevalence of the internet, consumers can do a lot of their research and shopping online, and they do.

But here’s the thing — the annual show, now in its 69th year, still draws a crowd.

“There are a lot of people that still want to meet their contractor, look that person in the eye, maybe see what their trucks or equipment look like, talk about specific projects, and see pictures. That’s how I like to shop,” said Crane, HBRAWM’s executive director. “The Home Show is for people that want to see and talk to contractors, as well as other people. If I’m buying windows and I get a chance to touch that window and slide it up and down or left and right, I feel better about that product. And that’s what the Home Show offers.”

This year’s edition runs March 21-24, in and around multiple buildings at the Eastern States Exposition in West Springfield. Crane says he expects about 15,000 visitors over those four days.

“If I’m looking to build a home … I’d like to find a guy that’s built several homes, or dozens, or hundreds, educating me about the process,” he continued. “It’s probably the single biggest investment you’ll make in your entire life. If you buy a car, it lasts you five years, six years, maybe 10 years. If you buy a house, it’s supposed to last you 50 years, 60 years, 80 years. So it’s kind of a big decision.”

“You get a chance to touch them and feel them without traveling to 20 different spots and other lumberyards all over Western Massachusetts; you might be able to do it all in the same building.”

Meanwhile, homeowners looking to renovate — and that number spiked during the stay-at-home months of the pandemic, and remodelers still report a high volume of projects today — will find plenty of vendors of windows and doors; flooring, countertops, and tile; appliances and furnishings; and much more.

“You get a chance to touch them and feel them without traveling to 20 different spots and other lumberyards all over Western Massachusetts; you might be able to do it all in the same building,” Crane explained. “We might be able to show you several of the products — different roofing, different siding, that type of thing.”

 

Plenty of Reasons

The annual event sees all types of attendees who visit for a variety of reasons, Crane noted. Attendees typically fall into one of several categories:

• People planning to buy or build a new home, who may visit with builders, real-estate agents, financial institutions, and sellers of component products;

• People planning to remodel or renovate, who may want to check in with all of the above, plus vendors of the aforementioned windows and doors, appliances, home furnishings, and more;

• Yard and garden enthusiasts, who tend to be interested in lawn and landscaping services; wall, walk, and edging components and materials; and trees, shrubs, flowers, and seeds;

• Renters, who have no plans to own a house, but may be interested in space-conservation and space-utilization products, as well as home furnishings;

• Impulse buyers, who flock to vendors of home décor, arts and crafts, cooking and baking products, jewelry, and personal goods; and

• Lifestyle-conscious individuals, who like to check out trendy, high-tech, or time-saving products, as well as home furnishings and products focused on self-improvement, fitness, and health.

The latter categories inject some fun into the Home & Garden Show, Crane said. “We hear it every year: ‘where’s the beer-nut guy?’ or ‘where’s the pickle guy?’ Those type of things are what make a show entertaining. We call ourselves the Home Builders and Remodelers Association, but everybody likes to look at the radio remote-control helicopter that flies around.”

Even with the more serious home-related purchases, everyone wants some variety, he added.

“You don’t want to look at 500 sheds, but it’s really nice to have a dozen there to look at, with different types of shapes and colors. It’s really nice to see windows, but you don’t want to look at 300 windows. As you travel through the aisles, you’ll see different fences, you’ll see different roofing, different siding, and then you’ll bump into the pickle guy, or you’ll bump into the beer-nut guy, or the person selling knives and pans. These are all part of the entertainment.”

Speaking of entertainment, Crane said he’s often considered the show a social event, or at least part of one.

“Before I was involved with the Home Show, I used to go because I would see my neighbors and friends. We would plan to meet at the Home Show at 6:00, walk the Home Show for a couple hours and see dozens of our friends, and then we would plan a dinner date, go somewhere with our wives and have a nice meal somewhere.”

He also noted that the show is an inexpensive outing, and just about everyone who checks it out will find something useful, whether they’re looking for it or not. “In some cases, people will pick up a card and might not even call that vendor or contractor until a year later, when they remember that they ran into them.”

For vendors, the show can fill up an entire year’s worth of projects, Crane said, so people need to manage their expectations and plan ahead. “If you’re looking for a roof, you might have to wait until August to get it. And after the Home Show, you might not even get it this year if that’s the person you want to use.”

Meanwhile, “other people are just there to make sure that the general public knows they’re around if they ever can be of service. You know, pass out the business card, and it goes on the refrigerator, and if you ever need this or that, you take the card off the refrigerator and call that person.”

 

The Right Stuff

The Home Builders and Remodelers Assoc. is almost 100 years old and continues to represent contractors so they can understand state and national regulations, as well as keeping the general public informed of what services are available in the region.

“All the businesses that run a good business — meaning they plan, they advertise, they keep the right insurances, and they keep their licenses intact — are doing fine because they have a responsibility to their employees and to their livelihood,” Crane said of today’s business climate. “So when they attend education and learn how to write or rewrite contracts as laws change, that protects the public, and it protects them.”

At the same time, “when a person is shady in any business, they don’t put themselves out in front of the public. They kind of skirt the system, so to speak. So the people you’re going to meet at the Home Show are putting themselves out in front of everyone for the world to see, so people know they’re in business, they’re legit, and you can count on them being educated,” he went on. “So you’re not just hoping for the best. You’re ahead of the curve with your selection process.”

Law

Prepare for Compliance

By David A. Parke, Esq.

 

The new reporting rules that became effective Jan. 1, 2024, under the federal Corporate Transparency Act (CTA) now require many small businesses and other entities to file reports with the U.S. Financial Crimes Enforcement Network (FinCEN). FinCEN estimates there are more than 30 million entities that are subject to these reporting rules on their effective date.

The CTA is intended to provide law enforcement with a means to combat crimes, like money laundering, that are aided through the use of shell companies. The CTA applies to ‘domestic reporting companies’ and ‘foreign reporting companies,’ as defined in the rules. This article will focus on domestic reporting companies.

Under the CTA, a reporting company, subject to the CTA, must file information with FinCEN regarding itself and its beneficial owners. For a reporting company formed on or after Jan. 1, 2024, the company must also report information regarding the individuals who created the company. Any changes to previously reported information must also be reported in a timely manner to FinCEN. The rules specify the information that must be reported about a reporting company and its beneficial owners and company applicants.

David A. Parke

David Parke

“The CTA is intended to provide law enforcement with a means to combat crimes, like money laundering, that are aided through the use of shell companies.”

A domestic reporting company under the CTA is any corporation, limited-liability company, or other entity created by filing a document with the secretary of State or a similar office under the law of a state or Indian tribe, unless exempt. There are 23 categories of entities that are exempt from reporting. The exemptions include highly regulated entities like issuers of securities registered under Section 12 of the Securities Exchange Act of 1934, banks, insurance companies, regulated public utilities, and certain tax-exempt organizations. Many small entities are likely not covered by an exemption and will need to report. The rules define more specifically the conditions of each exemption.

One exemption is for a ‘large operating company,’ as defined in the rules. This is a company that employs more than 20 full-time employees in the U.S., has an operating presence at a physical office within the U.S., and has more than $5 million in annual gross receipts or sales, excluding gross receipts or sales from sources outside the U.S., according to the company’s federal income-tax return for the previous year.

A ‘beneficial owner,’ whose information must be reported to FinCEN, is any individual who exercises substantial control over the reporting company or who owns or controls, directly or indirectly, at least 25% of the ownership interests of the reporting company. The reporting rules address various types of direct or indirect control or ownership arrangements under which an individual would be a beneficial owner.

An individual would be included as a beneficial owner if that individual is a ‘senior officer,’ which includes the president, chief financial officer, general counsel, chief executive officer, chief operating officer, or any other officer who performs a similar function. The rules also include as a beneficial owner any individual who has authority over the appointment or removal of any senior officer or a majority of the board of directors or similar body, or has substantial influence over important decisions, including decisions of the type enumerated in the rules.

A ‘company applicant,’ whose information must be included for a domestic reporting company created on or after Jan. 1, 2024, is an individual who files the document that creates the company, and the individual who is primarily responsible for directing or controlling the filing where more than one individual is involved.

Any domestic reporting company created before Jan. 1, 2024, must file its initial report with FinCEN by Jan. 1, 2025. Any domestic reporting company created during 2024 must file within 90 days. Any domestic reporting company formed on or after Jan. 1, 2025 must file within 30 days. The deadlines are measured from the earlier of actual or public notice that creation is effective. If there is a change in any information previously reported to FinCEN regarding a reporting company or its beneficial owners, an updated report must be filed with FinCEN within 30 days.

FinCEN has an E-filing website for reporting information (boiefiling.fincen.gov), and charges no filing fee. FinCEN has also published a Small Entity Compliance Guide and Frequently Asked Questions to provide guidance regarding the CTA reporting rules. FinCEN allows for use of a FinCEN identifier, which is a unique number assigned by FinCEN to an individual who applies for such a number and submits the information required of a beneficial owner or company applicant. The reporting company’s report may include the FinCEN identifier in lieu of the information otherwise required for the individual.

The consequences of non-compliance can be significant. It is unlawful under the CTA for any person to willfully provide or attempt to provide false or fraudulent beneficial ownership information to FinCEN, or to willfully fail to report complete or updated beneficial ownership information to FinCEN. Under the CTA, violators are liable for a civil penalty of not more than $500 for each day the violation continues, and may be fined not more than $10,000, imprisoned for not more than two years, or both.

An entity that is or may become a reporting company should consider establishing an internal compliance program to identify reportable changes and assure that the necessary information is received in a timely manner. A company should also consider if any changes should be made to its governance documents to require beneficial owners to provide (again, in a timely way) the information needed for the reporting company to comply with its CTA reporting obligations.

These new reporting requirements will affect many entities. It is important for companies to inform themselves of the CTA’s requirements, determine if the CTA applies, and prepare for compliance.

 

David A. Parke is a partner in the Business/Finance department at Bulkley Richardson.

Law

Unmarried Parents Are Still Parents

By Julie A. Dialessi-Lafley, Esq.

 

More and more frequently, people are opting not to get married, but are still desirous of having children and becoming parents, whether or not they are in a committed relationship with their partner. The decision to have a child or children creates a permanent connection to the other parent, regardless of the marital status of the parents.

Unmarried parents have various types of relationships. We see unmarried parents that live together, some have separate households but spend time together, and many are not together any longer and may have new relationships. The unmarried parents need to navigate how to bring up their child together while being apart. This requires that both parents understand that the other parent has a right to be in the life of the child. The law supports the idea that fathers and mothers both have the right to parent their children, even if unmarried.

Emotions of the parties often cloud their judgment when considering the role of the other parent in the life of the child. Did the parties break up? Has one person (or both) moved on? Was the relationship short-term without commitment and lacking a foundation between the parents? The history of the relationship is certainly impactful on the parent; however, first and foremost, parents need to be reminded that fathers need to be responsible, present, and cooperative with the mothers of their children, and mothers need to encourage, support, and accept the relationship a child has with their father.

 

The Child’s Best Interest

The standard in the Commonwealth of Massachusetts to determine a parenting plan and custodial relationship with children and parents starts with a best-interest standard. The presumption is that both parents should play a role in the life of a child unless it is not in the child’s best interest. It is often difficult for a parent to separate their feelings about the other parent when trying to determine the parenting relationship. It is clear, however, that simply because someone is not a good partner does not mean they should not be in the life of their child.

Julie A. Dialessi-Lafley

Julie A. Dialessi-Lafley

“First and foremost, parents need to be reminded that fathers need to be responsible, present, and cooperative with the mothers of their children, and mothers need to encourage, support, and accept the relationship a child has with their father.”

When parents are not married, the law provides that, absent an agreement or court order otherwise, the mother has sole legal and physical custody of the child. This is rebuttable and is not intended to prevent fathers from having equal footing in the lives of their children.

More times than not, with good communication, the parents can develop a parenting plan that provides for both parents to be involved in the legal decision making for the major medical, educational, and religious decisions of the child. This is what is known as legal custody. Parents can agree to share legal custody and make these major decisions together.

If they are unable to agree, a court may order shared legal custody if a history of the parents being able to work together to make these decisions can be demonstrated. Even if the court does not order shared legal custody, both parents still have the right by statute to have access to the medical and educational information and records of the child. It does not mean that a parent is excluded from knowing these things about their child.

There are always exceptions that need to be considered, such as domestic violence or history of restraining orders, which impact the ability of the court to grant certain relief if the parents are unable to agree.

It is worth reiterating that, if the parents are able to put their feelings about the relationship with the other parent aside and focus on the child, they can in most circumstances — if certainly not every one — develop a parenting relationship where both parents can be involved in the child’s life.

Parenting plans that deal with the actual parenting time the parties spend with the child should include the normal parenting plan, a holiday schedule, and vacation schedule, so that there is a clear plan for each parent’s time with the child. The location of pick-up and drop-off of the child, the specific time for exchange of the child, and who may transport the child are critically important in developing the parenting plan. Being clear and specific with these terms may create a plan that will reduce conflict between the parties when they may not both have the same philosophy about co-parenting with the other parent.

Parenting plans should also deal with child support, health insurance, uninsured medical expenses, extracurricular activities and payment of those expenses, education of the child, and the primary residence of the child, at a minimum.

The parenting plan also can include terms around communication. Communication is key, and throughout the child’s life, there are going to be countless times when the parents will need to discuss or exchange information with the other parent, make a decision together, or attend parent-teacher conferences, activities, or countless different life events.

A method of communication can be defined, such as through text, a parenting application which tracks communication, or through parent meetings on a scheduled basis. Regardless of the method, it is often key to successful co-parenting for there to be set rules as to where, when, and what the parents talk about.

By agreement, parents can include terms around phone calls or video calls with the child, as well as any other contact they want to have in between their parenting time. Language that fosters a positive and supportive parenting relationship between the child and the other parent can be included by agreement of the parents to prevent disparaging, disrespectful discussions.

 

The Court as a Last Resort

If the parents are unable to agree on how to develop a parenting plan, the court ultimately has the jurisdiction to make the decision. The court will do its job, but most every judge will encourage the parents to come to an agreement if they are able to do so, as they know their child better than anyone.

If the court is ultimately the decision maker, the court will consider the age and developmental stage of the child, the individual needs of the child, the history of the relationship between the parents, how close the parents live to each other, the parents’ work schedule, and problems such as substance abuse, domestic violence, child abuse, or a criminal record.

Naturally, this is not the exhaustive list, and the topics of this article are general. When navigating these issues, you should seek advice of an attorney in order to understand all the issues that need to be addressed and understand your rights as a parent.

 

Julie A. Dialessi-Lafley is a shareholder with the law firm Bacon Wilson, P.C. and chairs the firm’s Family Law department. She is a certified family law mediator, a member of the Springfield Women’s Leadership Council, a member of the United Way of Pioneer Valley board of directors, and is licensed to practice law in both Massachusetts and Connecticut; (413) 781-0560; [email protected]

 

Law

Walking a Fine Line

By Trevor Brice, Esq.

 

As Massachusetts employers know, one of the best defenses to a discrimination or retaliation suit is to implement preventive measures. One of the most commonplace of these preventive measures is anti-harassment training courses for the workforce that can show the employer is in compliance with state and federal law.

However, a recent case shows that this preventive measure, while it is virtually always a helpful addition to an employer’s preventive measures against discrimination and retaliation, can go too far if not managed or implemented properly.

 

Anti-harassment Training Can Benefit the Workplace

Generally, anti-harassment training is a helpful addition the employer’s tool chest for preventive measures against discrimination and harassment. It gives employees the tools to be able to identify situations in which employees are harassed, discriminated against, and/or retaliated against; identify the classes upon which discrimination, harassment, and retaliation are illegal; and utilize the employer’s reporting procedures to prevent further discrimination, harassment, and retaliation when it is identified.

When deployed properly, anti-harassment training has the effect of creating, at the very least, a discussion in an educational environment about the influence of discrimination, harassment, and retaliation within the workplace.

“Generally, anti-harassment training is a helpful addition the employer’s tool chest for preventive measures against discrimination and harassment.”

Anti-harassment training also makes for an open forum in which employees can learn basic concepts that will make for a safer and inclusive environment that will help to prevent illegal discrimination, harassment, and retaliation. The court in the recent case of De Piero v. Pennsylvania State University acknowledged the positives in anti-harassment trainings, stating that “training on concepts such as ‘white privilege,’ ‘white fragility,’ implicit bias, or critical race theory can contribute positively to nuanced, important conversations about how to form a healthy and inclusive working environment.”

 

Anti-harassment Training Can Create a Hostile Work Environment

However, the court in De Piero also pointed to a more novel concept, that anti-harassment training can make for a hostile work environment. The plaintiff in De Piero sued on the hostile work environment theory, stating that he had to attend at least five conferences or trainings that discussed racial issues in “essentialist and deterministic terms, ascribing negative traits to white people or white teachers without exception and as flowing inevitably from their race.”

In order to prove hostile work environment, the plaintiff had to prove that he suffered intentional discrimination because of his protected status; the discrimination was severe or pervasive, it detrimentally affected him, and it would detrimentally affect a reasonable person in like circumstances (Castleberry v. STI Grp.).

In this case, the defendant employer moved to dismiss the plaintiff’s complaint, stating that the anti-harassment training did not create a severe or pervasive work environment and that it did not interfere with the plaintiff’s work performance.

However, the plaintiff succeeded, with the court ruling that the plaintiff had pled sufficient facts to go forward with his hostile work environment claim. Specifically, the court stated that the plaintiff “was obligated to attend conferences or trainings that discussed racial issues in essentialist or deterministic term, ascribing negative traits to white people or white teachers without exception.”

The court pointed out a training in which the trainer in the anti-harassment conference forced the plaintiff and other white and non-Black people to hold their breath longer to feel pain. It is this and other examples from the defendant’s anti-harassment training that led the court to conclude that the plaintiff’s hostile work environment claim could survive.

 

Conclusion

While the De Piero decision points to how employers can have possible liability when implementing preventive measures, employers should not abandon anti-harassment training and other preventive measures. The court specifically stated that anti-harassment training can aid employers and that “discussing in an educational environment the influence of racism on our society does not violate federal law.”

The takeaway from the De Piero decision is therefore not to eliminate anti-harassment training, but to instead emphasize that the communication and substance of these trainings matter and that anti-harassment trainings can violate federal law if not implemented properly. If employers have questions or concerns about their anti-harassment training following this decision, it is prudent to contact employment counsel.

 

Trevor Brice is an attorney who specializes in labor and employment-law matters at the Royal Law Firm LLP, a woman-owned, women-managed corporate law firm that is certified as a women’s business enterprise with the Massachusetts Supplier Diversity Office, the National Assoc. of Minority and Women Owned Law Firms, and the Women’s Business Enterprise National Council.

Healthcare News

Easing the Load

 

Currently, there are more than 11 million family members and friends across the country providing care to more than 6 million Americans living with Alzheimer’s disease.

Caring for those living with Alzheimer’s or other dementia poses special challenges for family caregivers. As dementia symptoms worsen, caregivers can experience increased emotional stress, depression, anxiety, and new or worsened health problems. Caregivers often experience depleted finances due to disruptions in employment and paying for healthcare or other services.
“Caring for a person with Alzheimer’s takes longer, lasts longer, is more personal and intrusive than most other diseases, and takes a heavy toll on the health of the caregivers themselves,” said Monica Moreno, senior director of Care and Support for the Alzheimer’s Assoc. “During the course of the disease, caregiving tasks escalate and become more intensive. Alzheimer’s and dementia caregivers are often managing multiple conditions, including memory loss, co-morbidities, loss of mobility, reduced communication skills, and behavioral and personality changes.”

Alzheimer’s Caregiving by the Numbers

• More than 11 million people in the U.S. are providing unpaid care to a person living with Alzheimer’s or dementia.
• Eighty-three percent of the help provided to older adults in the U.S. comes from family members, friends, or other unpaid caregivers.
• Nearly half of all caregivers (48%) who provide help to older adults do so for someone with Alzheimer’s or another dementia.
• Among primary caregivers of people with dementia, more than half take care of their parents.
• Approximately two-thirds of caregivers are women, and one-third of dementia caregivers are daughters.
• Approximately one-quarter of dementia caregivers are ‘sandwich generation’ caregivers, meaning they care not only for an aging parent, but also for children under age 18.
• In 2022, the lifetime cost of care for a person living with dementia was $377,621.
• Seventy percent of the lifetime cost of care is borne by family caregivers in the forms of unpaid caregiving and out-of-pocket expenses.
• Forty-one percent of caregivers have a household income of $50,000 or less.
Source: Alzheimer’s Assoc.

Across the country, 59% of dementia caregivers report high to very high emotional stress due to caregiving, and 38% report high to very high physical stress due to caregiving. Seventy-four percent of dementia caregivers report they are “somewhat concerned” to “very concerned” about maintaining their own health since becoming a caregiver.

To help caregivers balance competing priorities while maintaining their overall health and well-being, the Alzheimer’s Assoc. offers these tips:

• Find time for yourself. It’s normal to need a break from caregiving duties. No one can do it all by themselves. Consider taking advantage of respite care or help from family and friends to spend time doing something you enjoy.

• Become an educated caregiver. Understand the disease, its progression, and accompanying behavioral and physical changes. Know resources in your community that can help.

• Build a support network. Organize friends and family who want to help provide care and support. Access local caregiver support groups or online communities such as ALZConnected to connect with other caregivers. If stress becomes overwhelming, seek professional help.

• Take care of yourself. Try to eat well, exercise, and get plenty of rest. Making sure that you are healthy can help you be a better caregiver.

• Accept changes. Eventually, your loved one will need more intensive kinds of care. Research care options now so you are ready for the changes as they occur.

• Know you’re doing your best. It’s normal to lose patience or feel like your care may fall short sometimes. You’re doing the best you can. For support and encouragement, consider joining an online or in-person support group.

“As difficult as it may be, caregivers need to make their health and well-being an equal priority,” Moreno said. “Maintaining your health can help you be a better caregiver. No caregiver should face this disease alone. The Alzheimer’s Association is here to help.”

The Alzheimer’s Assoc. provides local support and programs to families facing this devastating disease, including a 24/7 helpline staffed by master’s-level clinicians and specialists who are available 365 days a year and can help families navigate a variety of disease-related issues. Call (800) 272-3900.