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Life Insurance, Stock Redemption, and Your Business

By Contributor
Law

A New Wrinkle from the Supreme Court

By Benjamin M. Coyle, Esq. and Isabelle Fergus

 

A recent Supreme Court case ruling may have you making some important changes to life-insurance policies owned by your company. In early June, the Supreme Court unanimously ruled that proceeds from life-insurance policies used to buy out a deceased owner’s shares of a business are not offset by redemption obligations, which effectively results in the value of the company being increased.

In Connelly v. United States, the Supreme Court affirmed the lower court’s ruling that the obligation of the company to redeem shares at fair market value does not offset the value of life-insurance proceeds and that life-insurance proceeds must be included in the company’s valuation. The decedent’s estate argued that this decision made by the court will make succession planning increasingly difficult for closely held corporations, and he is right.

Benjamin Coyle

Benjamin Coyle

“The question here is whether Crown’s contractual obligation to redeem Michael’s shares at fair market value offsets the value of life-insurance proceeds committed to funding the redemption. The answer is no.”

In summary, Thomas Connelly, as executor of the estate of Michael P. Connelly Sr., sued the U.S. for a refund of the estate taxes assessed against Michael Connelly’s estate. Michael and Thomas Connelly owned a building-supply corporation known as Crown C Supply (“Crown”). Michael owned a 77.18% stake in the company, while Thomas owned the rest. The brothers had a buy-sell agreement that required the company to be valued as of the date of death of a shareholder.

Crown purchased a $3.5 million life-insurance policy on each brother’s life. The life insurance was to be used by Crown to buy the deceased brother’s shares if the other brother did not want to buy the shares personally. Thomas determined that he did not want to buy Michael’s shares, and therefore Crown was obligated to do so. This is where the valuation of Crown comes into play.

Thomas argues that Crown was worth $3.86 million before the redemption, and Michael’s shares were worth $3 million. He also claims that Crown was worth $3.86 million after Michael’s shares were redeemed. In the court’s eyes, both of Thomas’s claims cannot be true.

In granting summary judgment to the IRS, the lower court reasoned that it found that the stock-purchase agreement did not affect the valuation and, furthermore, that a proper valuation of Crown must include the life-insurance proceeds that were used toward redemption because it is seen as significant asset of the company, making Crown not worth $3.86 million, but $6.86 million.

The question here is whether Crown’s contractual obligation to redeem Michael’s shares at fair market value offsets the value of life-insurance proceeds committed to funding the redemption. The answer is no. The Supreme Court affirms that Crown’s contractual obligation to redeem Michael’s shares did not diminish the value of those shares because redemption obligations are not seen as liabilities that reduce a corporation’s value for federal estate tax.

 

Impact of the Ruling

So, how does this recent decision affect companies that have existing stock-redemption agreements? It means that the business must review their existing agreements and the manner in which the company and shareholders are obligated pursuant to its terms.

It is essential to review these agreements with your advisors, including your accountant and attorney. There are various options that may be utilized, each of which have significant consequences, and should not be done without consultation with your advisors, as the decisions will have an impact on the business and estate planning.

When looking into life-insurance policies, you may want to consider a cross-purchase agreement where the shareholders will purchase life insurance on each other. In doing so, this ensures insurance proceeds will go right to purchasing the deceased shares without the estate’s tax values rising. Although this was the better option for Thomas and Michael’s situation, this type of agreement requires each shareholder to pay premiums for the insurance policy, creating a risk that one may not be able to pay it. While this type of arrangement may be beneficial in some respects, it may have negative consequences as well.

Another key step is to regularly get valuations to see potential tax impacts and to see current market values and tax regulations. Consulting tax and legal experts on this matter will help to ensure that your corporate agreements align with all current laws and regulations. Along with talking to legal experts, you should also expect to plan for future tax obligations, whether that means setting aside funds and/or developing financial strategies to cover potential tax liabilities that could potentially rise from share redemptions or corporate obligations.

By taking steps to review agreements and evaluate life-insurance policies by consulting with experts, business owners can manage their estates better and minimize tax liabilities, all while establishing effortless ownership transitions within their business.

 

Ben Coyle is a shareholder with Bacon Wilson who focuses much of his practice in the areas of municipal law and litigation, while also handling probate and business matters. Isabelle Fergus is an intern at Bacon Wilson who is attending the Isenberg School of Management at UMass Amherst.

New Study Reveals Loophole in Digital Wallet Security

By Contributor
Technology

Convenience Over Security

Digital wallets — like Apple Pay, Google Pay, and PayPal — are projected to be used by more than 5.3 billion people by 2026. While these wallets promote increased security over traditional payment methods, reliance on outdated authentication methods and prioritizing convenience over security leaves digital wallets vulnerable, according to new research led by computer engineers at UMass Amherst.

“What we have discovered is these digital wallets are not secure,” said Taqi Raza, assistant professor of Electrical and Computer Engineering and an author on the paper. “The main reason is that they have unconditional trust between the cardholder, the wallet, and the bank.”

In the normal digital wallet ecosystem, users start by inputting their credit or debit card number, called the primary account number (PAN), into the digital wallet. The user’s identity is authenticated as the rightful cardholder with a piece of information, such as a ZIP code or the last four digits of their Social Security number.

Raja Hasnain Anwar

“If the banks are trying to move all of their payment platforms digitally, they need to put in more effort to make that secure. They cannot just rely on existing technology to take care of it.”

Then, whenever a purchase is made, the wallet hides the PAN and shares a ‘token’ with the vendor. The vendor attaches the token to the transaction. This information goes back through the bank’s payment network, converting the token back to the PAN. The bank then settles the payment with the vendor on behalf of the customer without ever revealing the PAN to the vendor.

Unfortunately, there are ways that bad actors can circumnavigate this system to make purchases with other people’s credit cards. The major U.S. banks and digital-wallet companies impacted by this are described in the paper. These companies were informed of the study findings prior to its publication and given ample time to make necessary security improvements. The researchers used their own cards to complete their tests, and no fraudulent activity was performed in these security tests.

First, there is the issue of the initial authentication. “Any malicious actor who knows the [physical] card number can pretend to be the cardholder. The digital wallet does not have sufficient mechanism to authenticate whether the card user is the cardholder or not,” Raza said, emphasizing that existing authentication methods can easily be bypassed.

Another issue is that, once a victim reports their card stolen, the banks only block transactions from a physical card, not ones made through a digital wallet. Banks assume that their authentication system has sufficient security to prevent attackers from adding someone else’s card to their wallet, which, as Raza points out, is not the case.

Taqi Raza

Taqi Raza

“We found the banks give more priority to convenience than security. Security is taken for granted because they believe that the user-device verification being used is sufficient for wallet security. It’s not.”

Once stolen card numbers are saved in a digital wallet, it is virtually impossible for the cardholder to deactivate them. “Even if the cardholder requests a card replacement, banks do not re-authenticate the cards stored in the wallet,” Raza said. “What they do is they simply change the virtual number mapping to the new physical card number.”

 

Case in Point

Here is a fictional example. The victim’s credit card number ends in 0123. An attacker adds 0123 to their digital wallet and starts making purchases. Again, digital wallets work by sending a virtual number to the vendor, so vendors receive the virtual number ABCD and take this number to the bank to get payment associated with account 0123.

The victim discovers the fraudulent payments and asks the bank to issue a new credit card. The bank sends a new card with the number 4567 and, on the back end, remaps the virtual number: ABCD no longer links to 0123; it now links to 4567. The wallet automatically starts showing the new card to its user without any verification for the new card to be updated in the wallet. Vendors then go to the bank with ABCD, which has now been linked to 4567, the new and active number, and the purchase goes through.

The researchers also tested this loophole on the digital wallet side of the equation and found similar vulnerabilities.

“We want [the digital wallet companies] to take some responsibility as well because they are at the forefront of how these transactions happen,” said Raja Hasnain Anwar, a doctoral candidate in electrical and computer engineering and lead study author. “We want them to have solid coordination. That’s the whole point of the paper: there’s not. There’s a lack of coordination.”

He added that many of these issues stem from new features offered by the banks. “For example, you could share your card within a family — one card could be added to multiple mobile phones. Or, if you have a Netflix subscription, the credit card company doesn’t want you to lose that subscription, so they will keep on charging your card, even though that card is locked. If the banks are trying to move all of their payment platforms digitally, they need to put in more effort to make that secure. They cannot just rely on existing technology to take care of it.”

As Raza noted, “it’s security versus convenience. And we found the banks give more priority to convenience than security. Security is taken for granted because they believe that the user-device verification being used is sufficient for wallet security. It’s not.”

While this specific loophole has been resolved, researchers still recommend following security best practices: turn on email notifications when a card is added or removed from the wallet, turn on transaction alerts for credit cards, regularly check credit card statements, and review devices linked to credit cards through the bank’s web portal or mobile app account settings.

This work was done by researchers at UMass Khwarizmi Lab, led by Raza.

Prepare for the Rise of AI in the Workplace

By Contributor
Law Special Coverage

Attention, Employers

By Sabba Salebaigi-Tse, Esq.

Artificial Intelligence (AI) is rapidly changing how we live and work. To keep up with this technological revolution, both federal and state governments are introducing new rules to ensure AI is used responsibly in the workplace. Here’s an overview of what you need to know about recent federal, state, and local AI developments.

 

The White House’s Executive Order

In October 2023, President Biden issued a groundbreaking executive order on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” This order pushed federal agencies to create guidelines ensuring AI is used responsibly, especially at work. The goal is to make sure AI helps improve workplaces without causing unfair treatment or discrimination.

Sabba Salebaigi-Tse

Sabba Salebaigi-Tse

“Ensure transparency by clearly communicating to employees and applicants about the use of AI in employment decisions and their rights related to AI.”

Department of Labor’s New Guidelines

Wage and Hour Division’s Bulletin: On April 29, the Department of Labor (DOL) Wage and Hour Division released a bulletin explaining the risks of using AI at work. This bulletin emphasizes the inherent risks associated with AI use and underscores that AI should not replace human oversight. According to the guidelines outlined in FAB, employers must ensure that responsible human oversight accompanies the deployment of AI technologies.

Given the various challenges associated with AI technologies, it is crucial for employers to navigate the complexities while adhering to laws like the Fair Labor Standards Act (FLSA) and others, which stipulate that employers remain accountable for legal issues arising from the use of AI. Even if AI systems autonomously take adverse actions against employees, such actions could potentially constitute retaliation under FLSA and related statutes.

 

Guidance of Federal Contractors: On April 29, the DOL Office of Federal Contract Compliance Programs issued guidelines aimed at federal contractors utilizing AI, which are valuable for all employers to consider.

These guidelines emphasize several critical practices for the ethical and effective deployment of AI tools in the workplace. Employers are advised to ensure that AI technologies are not only fair and job-related, but also regularly monitored for biases that could inadvertently impact decision-making processes. Additionally, keeping employees well-informed about the use and implications of AI systems fosters transparency and helps mitigate potential concerns or misunderstandings.

“As AI continues to evolve and integrate into the workplace, new and expanded laws will emerge to govern its use. Employers must proactively adapt to these changes to harness AI’s benefits while ensuring compliance with legal standards.”

These proactive measures not only enhance compliance with federal regulations, but also promote a more inclusive and equitable work environment where AI technologies are used responsibly to benefit both employers and employees alike.

AI Principles for Employers: On May 16, the DOL introduced a comprehensive set of principles aimed at guiding the development and implementation of AI technologies in the workplace. These principles underscore the importance of ethical considerations and employee welfare in AI deployment. They stress the need to keep workers informed about how AI is utilized, ensure transparency in AI decision-making processes, and safeguard worker data throughout the entire AI life cycle.

These guidelines aim to foster a fair and secure work environment where AI enhances operations while upholding privacy and ethical standards. Adhering to these principles helps employers build trust, mitigate risks, and integrate AI technologies responsibly for the benefit of all stakeholders.

 

State-level Developments

New York: Since July 5, 2023, New York city has a law regulating automated employment decision tools (AEDTs). Employers must conduct annual audits to check for bias, publish the results, and let applicants know when AEDTs are used. In addition, a new bill introduced this past February aims to regulate AEDTs across New York State. This bill requires annual bias analyses and public summaries of the findings.

New Jersey: In February, two bills were introduced in New Jersey to manage AI in hiring. One bill requires annual bias audits for AEDTs. The other regulates AI-enabled video interviews, demanding transparency and consent from applications.

Other States: California is working on regulations to prevent algorithmic discrimination and ensure AI tools are used transparently and responsibly. Starting Feb. 1, 2026, Colorado will require AI developers and users to protect against discrimination with high-risk AI systems. And both Illinois and Maryland have laws in place requiring employers to notify and get consent from applicants before using AI in hiring.

 

What Should Employers Do?

To navigate these new regulations and ensure compliance, employers should:

• Stay informed. Regularly review federal and state guidelines on AI use in the workplace.

• Conduct regular audits of AI tools to detect and mitigate bias or inequitable outcomes.

• Ensure transparency by clearly communicating to employees and applicants about the use of AI in employment decisions and their rights related to AI.

• Provide training to HR and management teams on the ethical and responsible use of AI tools.

• Consult with legal experts to say ahead of regulatory changes and implement best practices tailored to your organization.

 

Conclusion

As AI continues to evolve and integrate into the workplace, new and expanded laws will emerge to govern its use. Employers must proactively adapt to these changes to harness AI’s benefits while ensuring compliance with legal standards. If you have questions about any of these developments, it is prudent to consult with labor and employment counsel.

 

Sabba Salebaigi-Tse 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 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.

Thriving in the Third Age

By Contributor
Opinion

Opinion

By Kathy Martin

Retirement is changing. We are living longer. We are more active. We can continue working — if we want to — well into our retirement years. We can go on adventures, start new hobbies, volunteer, or continue our education. Getting your AARP card is no longer a dreaded milestone, but access to great discounts. Birthdays are celebrations of possibility and opportunity, not a sign that you are over the hill.

One only needs to compare advertising campaigns from the 1980s to today to see that the retirement experience has been entirely reframed by the choices and behaviors of those in retirement now and those expected to retire in the next three to 10 years — the Baby Boomers. Medicare subscribers increase by 10,000 every day, and that number is expected to double by the end of the decade.

You’ve heard that 40 is the new 50? Well, the truth is that 80 is the new 60. In the landmark Age Wave study, the definition of ‘old’ has been pushed back 20 years. In this study, 83% of adults reported they want to be useful in retirement (compared to the 17% that want to be youthful). In that same study, 66% said retirement is a ‘new chapter’ in life, and 97% said it’s important to ‘stay curious’ and be willing to ‘learn new things’ throughout life.

This data reflects what has been called the Third Age — age 60 and up — when the focus is on personal development and reinvention through a lens of growth and purpose. According to Dr. Ken Dychtwald, goals that once seemed cliché and almost mythical — fun, contentment, and happiness — peak during the Third Age.

We arrive in the Third Age during a time of unprecedented medical innovation that leads to longer lifespan, an understanding of the human body and mind that gives us tools to optimize physical and mental health, and a societal openness to self-reflection, centeredness, and peace as worthwhile individual endeavors. The pressure to produce has been replaced with the freedom to choose.

When we started to explore the idea of honoring individuals in their Third Age, it quickly became clear that so many in the 60+ community are embracing this time in their lives. Glenmeadow’s inaugural Age of Excellence Awards were born out of the desire to recognize and celebrate those who serve as models for us all staying open-minded and seeking fresh experiences.

Isn’t that what we are working toward? The opportunity in retirement to embrace self-determination and spend time on things we enjoy — whether that means hiking the Appalachian Trail, traveling the world, starting that business we’d always dreamed of, reading books, or serving the community — the Third Age is a time to put yourself first in a way perhaps you never have before.

In the best of circumstances, though, retirement isn’t just about doing. It’s about being. It’s not about retiring. It’s about contributing. In “The Summer Day,” poet Mary Oliver asked, “what is it you plan to do with your one wild and precious life?” Perhaps now it is relevant to ask, “what is you plan to do with your Third Age?”

 

Kathy Martin is president and CEO of Glenmeadow, which recently announced seven winners of its inaugural Age of Excellence Awards: Lawrence Akers, Debbie Gardner, Jeffrey Greim, Ethel Griffin, James Lagodich, Maria Roy, and Karen Tetreault. Learn more about them at glenmeadow.org/age-of-excellence-awards.

How to Achieve Balance in the Modern Workforce

By Contributor
Features

Employment

By Nicole Polite

 

Nicole Polite

Nicole Polite

The workplace dynamic has continually evolved, influenced by shifting societal values, economic landscapes, and generational ideologies. Views on work can be broadly categorized into two philosophies: live-to-work and work-to-live. Understanding these perspectives is essential as they shape the environments and cultures that define our working lives.

 

Traditional Workplaces: the Live-to-work Ethos

Traditionally, a significant divide existed between work and personal life, marked by strict hierarchies, rigid schedules, and minimal flexibility. This structure, predominant among Baby Boomers and Generation X, is deeply rooted in a post-World War II economic boom that prized efficiency, stability, and conformity. In such settings, employees often found themselves adhering to exhaustive norms and sacrificing personal priorities for work commitments, epitomizing the live-to-work doctrine.

The typical workplace during this era was characterized by a top-down management style, where decisions were made by high-level executives and permeated downward, often ignoring the needs of lower-tier employees. These practices shaped an environment where individual creativity and innovation were stiflingly restricted, mirroring the mechanical precision of assembly-line work rather than fostering a nurturing and progressive workplace.

 

Modern Workplaces: the Work-to-live Approach

Conversely, the modern work philosophy, favored by Millennials and Generation Z, champions flexibility, autonomy, and a balanced integration of work with personal life. The 2008 Great Recession shaped the worldview of these younger workers, many of whom watched as their parents struggled with job loss, financial instability, and economic uncertainty despite the years spent working in corporate jobs and traditional career paths.

That experience left a mark on these modern employers and workers and instilled in them a strong desire for financial resilience, job security, and a skepticism toward traditional corporate structures. They realized that their parents’ career paths, work approach, and strict adherence to norms weren’t a surefire guarantee of success, security, and wealth.

Most importantly, they didn’t want to feel the pain of loss and unfulfillment they saw in their parents’ eyes as once esteemed and revered institutions, systems, and structures crumbled around them during the recession. They made it their goal to perpetuate work environments and work in jobs that satisfied their desires, met their yearnings, and fueled their passions. They forged career paths that offered some financial stability and a sense of purpose and autonomy, such as entrepreneurship, freelancing, or pursuing work in socially conscious organizations.

Some modern workers would rather not have a 9-to-5 job. They want control over their schedules, the ability to choose projects that align with their interests, and the freedom to work with like-minded colleagues. The possibility of remote work, facilitated by advancements in technology and software platforms like Zoom and Google Meet, allows these workers to enjoy the benefits of working from anywhere, at any time, and for any company.

Many modern workers are also gig workers; about 16% of American workers have earned an income from gig work such as ride sharing, food delivery, or freelance services. This type of work typically has a lower barrier to entry and offers the kind of flexibility that workers crave today. The emphasis is on working to live, where employment is a means to enjoy a preferred lifestyle rather than the sole focus of one’s existence.

 

Bridging the Generational Divide

The challenge arises when these two distinct mindsets interact within the same workplace. Conflicts can ensue when a traditional employer hires a modern-thinking employee, or vice versa. Such clashes can lead to misunderstandings, stress, and a decrease in productivity, highlighting the need for a more integrative approach to workforce management.

In an ideal workforce, employers would adopt a more inclusive and flexible mindset that accommodates diverse work philosophies. This involves creating policies that respect traditional values of structure and stability, while also embracing the flexibility and innovation that modern workers bring. Ensuring clear communication and mutual respect among employees can foster an environment where varied work values coexist harmoniously.

 

The Road to a Symbiotic Workplace

The future of work doesn’t have to be confined to a choice between living to work or working to live. Instead, it can be a blend of both philosophies, taking the robustness of traditional structures and merging them with the flexibility and innovation of modern approaches.

My experience in talent recruitment has shown me that both employers and employees seek a productive, symbiotic relationship that supports individual and collective growth. To achieve this, it’s crucial to go beyond merely matching skills and qualifications. We must understand and integrate the nuanced preferences, goals, and aspirations of the workforce.

Creating such a workplace requires an ongoing dialogue between different generations and mindsets. It needs adaptation and compromise from both sides to forge a solid partnership that withstands the tests of time and challenges of a changing world. Only through such integrative efforts can we build a workforce that not only bridges the gap between generations but also thrives on the diverse strengths each brings to the table.

With a balanced approach, we can ensure that both the live-to-work and work-to-live philosophies contribute positively to our collective professional landscape, leading to increased satisfaction and productivity across the board.

 

Nicole Polite is CEO of the MH Group, a staffing and recruiting firm in Massachusetts and Connecticut, and the author of Expectations Aligned: Forging Better Paths for Employers and Employees to Meet in the Middle, which will be released on Sept. 16.

Schools Need to Consider These Seven Key Questions

By Contributor
Education

New Title IX Compliance

By Kathleen E. Dion and Sabrina Galli

 

Schools across the nation were required to comply with the new Title IX regulations by Aug. 1, 2024, and were undoubtedly given a lot to think about. As institutions continue to iron out new policies and procedures, they will need to balance a number of moving pieces. When trying to prioritize implementation, here is a list of top questions federally funded institutions should ensure they have answered.

1. Is the school’s Title IX coordinator up to date on all new regulations? The Title IX coordinator’s role has been greatly expanded by these new regulations, and it is of the utmost importance that such coordinators are aware of all changes.

For example, coordinators should be aware that the breadth of activities covered under Title IX have increased, such that the new Title IX regulations also apply to conduct that occurs in a building owned or controlled by a recognized student organization, conduct outside of the U.S. (for example, in study-abroad programs), and conduct subject to the school’s disciplinary authority. Additionally, coordinators should be prepared for an influx of complaints now that such complaints are no longer required to be formally in writing.

2. Does the institution’s Title IX policy include the expanded scope of sex-based discrimination? Under the new regulations, sex discrimination now includes “all forms of sex-based discrimination,” as opposed to only sexual harassment, based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. The regulations also prohibit discrimination based on parental, family, or marital status.

3. Have all necessary non-discrimination policies been drafted and finalized? The new Title IX regulations require that a notice of non-discrimination be provided to students, employees, applicants for admission and employment, and all unions and professional organizations holding collective-bargaining agreements.

Further, if they did not have a policy in place already, schools also must ensure that they have a policy prohibiting retaliation, including at the peer level, and that the policy calls for handling complaints of retaliation the same way it manages complaints of other forms of sex discrimination. The U.S. Department of Education has released helpful guidance on drafting such policies, which may be helpful to institutions as such policies are implemented and/or revised.

4. Is there a schedule or plan in place for annual employee training? Schools must annually train all employees on Title IX, their obligation as employees to address sex discrimination, and their reporting requirements. Different training is required for each of four employee statuses, pursuant to the following categories:

• All employees;

• Investigators, decision makers, and individuals with authority to modify or terminate supportive measures;

• Facilitators of informal resolution processes; and

• Title IX coordinator and designees.

Practically speaking, institutions will have to evaluate the best method for ensuring that the training reaches all employees. Schools may consider implementing mass Title IX trainings for employees or incorporating such training into other meetings or trainings that are already in place. For example, institutions may consider incorporating such training into pre-existing staff meetings to effectively reach all employees rather than imposing additional, separate training times wherein some staff may not be available or are reluctant to attend.

5. Did the school decide to implement an informal grievance process? The new regulations permit schools to adopt an informal resolution process for complaints of sex discrimination based on sex stereotypes; sex characteristics; pregnancy or related conditions; sexual orientation; gender identity; parental, family, or marital status; as well as for complaints of quid pro quo sexual harassment and Clery Act offenses for non-students. This informal process is less prescriptive and gives the investigator additional flexibility in facilitating the investigation.

6. Is the institution using a single-investigator model, and does it accomplish the school’s objectives? The single-investigator model allows the investigator to also act as the decision maker in the Title IX case. This means that they are not only conducting all of the interviews and collecting all of the evidence, but also assessing the credibility of all parties and rendering a decision as to whether a Title IX violation occurred.

First, institutions should confirm that the single-investigator model is permitted in their jurisdiction, as not all courts have allowed it. The single-investigator model has been critiqued for potential pitfalls in providing due process, but it also often has the benefit of efficiency and can be helpful given that the investigator is generally most familiar with all facets of the case.

Second, if the school’s jurisdiction does allow for use of the single-investigator model, then there are a number of questions to consider, including whether the institution wants to use said model, whether it will conduct investigations in-house or outsource, and whether parties will be permitted to pose questions to the decision maker.

7. Has the institution decided to use live hearings? Is that method working for the needs of the school? Live hearings, which were once required, are now permitted but no longer required. Schools can evaluate the use of a live hearing on a case-by-case basis. If a school has decided to use live hearings, has a decision been made on:

• What criteria will be used to determine whether to do so for each case?

• Whether live cross-examination will be permitted?

• Whether the school will provide an advisor to parties who do not have one?

Schools should keep in mind that, if they choose not to conduct live hearings, they still must allow parties to propose relevant and permissible questions to the other side and that investigators must record party and witness interviews, subsequently providing each party with an audio or audiovisual recording or transcript of said interviews with time to propose follow-up questions.

If schools decide to pivot away from the use of live hearings, evaluate whether the new process is working. Is the process more or less effective and/or time-consuming than the use of a live hearing? Does the new process affect the decision maker’s ability to reach an equitable result? It is common for new policies to include a bit of trial and error.

Overall, as institutions ensure compliance with the new regulations, it would not be surprising to see schools continue to revise policies based on how the new procedures pan out in practice. This is especially true given that the new regulations give schools more autonomy in deciding how to manage grievance procedures and related policies despite expanding the applicable scope of conduct.

With the new school year underway, Title IX teams should keep an eye out for how their chosen policies work in practice and consider any needed changes as the school year progresses.

 

Kathleen E. Dion is chair of the education industry team at Robinson+Cole. She represents private schools, colleges, and universities in a variety of civil matters, such as tuition disputes, allegations of staff misconduct, and Title IX matters. Sabrina Galli is a member of Robinson+Cole’s business litigation group and education industry team. She represents corporate clients in general commercial litigation matters involving breach of contract and business torts, as well as in arbitrations, mediations, and settlement negotiations.

 

Follow This Checklist to Prepare for the Future

By Contributor
Senior Planning

Getting Your Affairs in Order

By the National Institute on Aging

No one ever plans to be sick or disabled. Yet, planning for the future can make all the difference in an emergency and at the end of life. Being prepared and having important documents in a single place can give you peace of mind, help ensure your wishes are honored, and ease the burden on your loved ones. The following list provides common steps to consider when getting your affairs in order.

 

1. Plan for Your Estate and Finances

Depending on your situation, you may choose to prepare different types of legal documents to outline how your estate and finances will be handled in the future. Common documents include a will, durable power of attorney for finances, and a living trust.

• A will specifies how your estate — your property, money, and other assets — will be distributed and managed when you die. A will can also address care for children under age 18, adult dependents, and pets, as well as gifts and end-of-life arrangements, such as a funeral or memorial service and burial or cremation. If you do not have a will, your estate will be distributed according to the laws in your state.

• A durable power of attorney for finances names someone who will make financial decisions for you when you are unable to.

• A living trust names and instructs a person, called the trustee, to hold and distribute property and funds on your behalf when you are no longer able to manage your affairs.

“Having a healthcare proxy helps you plan for situations that cannot be foreseen, such as a serious auto accident or stroke.”

2. Plan for Your Future Healthcare

Many people choose to prepare advance directives, which are legal documents that provide instructions for medical care and go into effect only if you cannot communicate your own wishes due to disease or severe injury. The most common advance directives include a living will and a durable power of attorney for healthcare.

• A living will tells doctors how you want to be treated if you cannot make your own decisions about emergency treatment. You can say which common medical treatments or care you would want, which ones you would want to avoid, and under which conditions each of your choices applies.

• A durable power of attorney for healthcare names your healthcare proxy, a person who can make healthcare decisions for you if you are unable to communicate these yourself. Your proxy — also known as a representative, surrogate, or agent — should be familiar with your values and wishes.

A proxy can be chosen in addition to or instead of a living will. Having a healthcare proxy helps you plan for situations that cannot be foreseen, such as a serious auto accident or stroke.

These documents are part of advance care planning, which involves preparing for future decisions about your medical care and discussing your wishes with your loved ones.

 

3. Put Important Papers and Copies of Legal Documents in One Place

You can set up a file, put everything in a desk or dresser drawer, or list the information and location of papers in a notebook. For added security, consider getting a fireproof, waterproof safe to store your documents. If your papers are in a bank safe deposit box, keep copies in a file at home.

 

4. Communicate Where to Find Your Important Papers

You don’t need to discuss your personal affairs, but someone you trust should know where to find your papers in case of an emergency. If you don’t have a relative or friend you trust, ask a lawyer to help.

 

5. Talk to Your Loved Ones and a Doctor About Advance Care Planning

A doctor can help you understand future health decisions you may face and plan the kinds of care or treatment you may want. Discussing advance care planning with your doctor is free through Medicare during your annual wellness visit. Private health insurance may also cover these discussions. Share your decisions with your loved ones to help avoid any surprises or misunderstandings about your wishes.

 

6. Give Permission for a Doctor or Lawyer to Talk with Your Caregiver

If you need help managing your care, you can give your caregiver permission in advance to talk with your doctors, your lawyer, your insurance provider, a credit card company, or your bank. You may need to sign and return a form. Giving permission for your doctor or lawyer to talk with your caregiver is different from naming a healthcare proxy, who can only make decisions if you are unable to communicate them yourself.

 

7. Review Your Plans Regularly

It’s important to review your plans at least once each year and when any major life event occurs, like a divorce, move, or major change in your health.

Eating Well Begins with a Dash of Preparation

By Contributor
Senior Planning

Healthy Meal Planning

By the National Institute on Aging

Eating healthfully and having an active lifestyle can support healthy aging. Older adults have unique nutrition needs, but simple adjustments can go a long way toward building a healthier eating pattern. Follow these tips to get the most out of foods and beverages while meeting your nutrient needs and reducing the risk of disease.

• Enjoy a variety of foods from each food group to help reduce the risk of developing diseases such as high blood pressure, diabetes, and heart disease. Choose foods with little to no added sugar, saturated fats, and sodium.

• To get enough protein throughout the day and maintain muscle, try adding seafood, dairy, or fortified soy products along with beans, peas, and lentils to your meals.

• Add sliced or chopped fruits and vegetables to meals and snacks. Look for pre-cut varieties if slicing and chopping are a challenge for you.

• Try foods fortified with vitamin B12, such as some cereals, or talk to your doctor about taking a B12 supplement.

• Reduce sodium intake by seasoning foods with herbs and citrus such as lemon juice.

• Drink plenty of water throughout the day to help stay hydrated and aid in the digestion of food and absorption of nutrients. Avoid sugary drinks.

“Older adults have unique nutrition needs, but simple adjustments can go a long way toward building a healthier eating pattern.”

USDA Food Patterns

Eating habits can change as we grow older. The USDA has developed a series of food patterns to help people understand different ways they can eat healthy. The food patterns include:

• The healthy U.S.-style eating pattern is based on the types of foods Americans typically consume. The main types of food in this eating pattern include a variety of vegetables, fruits, whole grains, fat-free or low-fat dairy, seafood, poultry, and meat, as well as eggs, nuts, seeds, and soy products.

• The healthy Mediterranean-style eating pattern contains more fruits and seafood and less dairy than the healthy U.S.-style eating pattern.

• The healthy vegetarian eating pattern contains no meat, poultry, or seafood, but does contain fat-free or low-fat dairy. Compared with the healthy U.S.-style eating pattern, it contains more soy products, eggs, beans and peas, nuts and seeds, and whole grains.

Visit www.fns.usda.gov/cnpp/usda-dietary-patterns for more information on each eating pattern and recommended daily intake amounts for each food group.

 

Meal Planning

Answering the question ‘what should I eat?’ doesn’t need to leave you feeling baffled and frustrated. In fact, when you have the right information and motivation, you can feel good about making healthy choices. Use these tips to plan healthy and delicious meals.

• Plan in advance. Meal planning takes the guesswork out of eating and can help ensure you eat a variety of nutritious foods throughout the day.

• Find budget-friendly foods. Create a shopping list in advance to help stick to a budget.

• Consider preparation time. Some meals can be made in as little as five minutes. If you love cooking, or if you’re preparing a meal with or for friends or family, you may want to try something a little more challenging.

• Keep calories in mind. The number of calories people need each day varies by individual. Always discuss your weight and fitness goals with your healthcare provider before making big changes. Research calorie goals and healthy food swaps.

 

Finding Recipes

When planning meals, looking for recipes that sound delicious to you can be a good place to start. The USDA features the MyPlate Kitchen (www.myplate.gov/myplate-kitchen), a resource that helps you find healthy recipes that fit your nutrition needs and create a shopping list. The MyPlate Plan tool (www.myplate.gov/myplate-plan) will create a customized food plan for you based on your age, height, weight, and physical activity level.

Finally, when you create your shopping list, don’t forget nutritious basics such as fresh fruits and vegetables and whole-grain bread.

Five Ways to Help Reduce Caregiver Stress

By Contributor
Senior Planning

Easing the Load

By A Better Life Homecare

 

Caregiving is a noble and rewarding endeavor but can also be incredibly stressful. The emotional and physical demands of caring for a loved one can take a toll on even the most resilient individuals. At A Better Life Homecare LLC, we understand the unique challenges caregivers face, which is why we are committed to supporting them in every way possible.

One crucial aspect of caregiver support is access to affordable counseling services. Here are five counseling services that can help reduce caregiver stress without breaking the bank.

 

1. Online Therapy Platforms

Online therapy platforms like BetterHelp and Talkspace offer convenient and affordable access to licensed therapists. These platforms allow caregivers to schedule sessions at their convenience, from the comfort of their own homes. This flexibility is particularly beneficial for those with demanding caregiving schedules. Subscriptions to these services typically range from $60 to $90 per week, which is often more affordable than traditional in-person therapy.

 

2. Community Mental-health Centers

Community mental-health centers provide a range of services, including counseling, at reduced costs based on income. These centers often receive funding from state and local governments, allowing them to offer sliding scale fees to make mental-health services accessible to everyone. Caregivers can benefit from individual therapy, group therapy, and stress-management workshops provided by these centers. To find a community mental-health center near you, visit your state’s health department website or contact local social services.

 

3. Employee Assistance Programs

Many employers offer employee assistance programs (EAPs) that provide free or low-cost counseling services to employees and their immediate family members. These programs typically include a limited number of counseling sessions with licensed therapists, as well as resources for managing stress and improving mental health. Caregivers who are employed should check with their human resources department to see if their employer offers an EAP and how to access these valuable services.

 

4. Nonprofit Organizations

Several nonprofit organizations are dedicated to supporting caregivers and their mental health. Organizations like the Family Caregiver Alliance and the National Alliance for Caregiving offer free or low-cost counseling services, support groups, and educational resources. These nonprofits understand the unique challenges caregivers face and provide specialized support to help them manage stress and maintain their well-being. Additionally, many of these organizations offer virtual support groups, making it easier for caregivers to connect with others who understand their experiences.

 

5. Local Support Groups

Local support groups can be an excellent resource for caregivers seeking emotional support and practical advice. These groups provide a space for caregivers to share their experiences, learn from others, and receive encouragement. Many local hospitals, community centers, and faith-based organizations offer free or low-cost support groups for caregivers. To find a support group near you, consider reaching out to local healthcare providers, social service agencies, or religious institutions.

 

Taking the First Step

Recognizing the need for support is the first step in reducing caregiver stress. By taking advantage of affordable counseling services, caregivers can gain valuable coping strategies, emotional support, and practical advice to help them navigate their caregiving journey. We encourage caregivers to prioritize their mental health and seek out the resources available to them. Remember, taking care of yourself is just as important as taking care of your loved one.

While There’s No Cure, Healthy Lifestyle Could Reduce Risk

By Contributor
Senior Planning

Keeping Alzheimer’s at Bay

By the ADEAR Center

As you age, you may have concerns about the increased risk of dementia. You may have questions, too. Are there steps I can take to prevent it? Is there anything I can do to reduce my risk?

There are currently no approaches that have been proven to prevent Alzheimer’s disease and related dementias. However, as with many other diseases, there may be steps you can take to help reduce your risk.

 

What Are Risk Factors?

A risk factor is something that may increase the chance of developing a disease. Some risk factors can be controlled, while others cannot. For example, a person is not able to control their age, which is the greatest known risk factor for Alzheimer’s and related dementias. Another uncontrollable risk factor is a person’s genes. Genes are structures in our body’s cells that are passed down from a person’s birth parents. Changes in genes — even small changes — can cause diseases.

Race and gender are also factors that influence risk. Research shows that African-Americans, American Indians, and Alaska Natives have the highest rates of dementia, and that risk factors may differ for women and men. Researchers are investigating what’s behind these differences.

However, people do have control over their behavior and lifestyle, which can influence their risk for certain diseases. For example, high blood pressure is a major risk factor for heart disease. Lowering blood pressure with lifestyle changes or medication can help reduce a person’s risk for heart disease and heart attack. This is not to say that people who lower their blood pressure definitely won’t have a heart attack, but it significantly lowers the chances.

For Alzheimer’s and related dementias, no behavior or lifestyle factors have risen to the level of researchers being able to say this will definitely prevent these diseases. But there are promising avenues.

 

What Do We Know About Reducing Dementia Risk?

The number of older Americans is rising, so the number of people with dementia is predicted to increase. However, some studies have shown that incidence rates of dementia — meaning new cases in a population over a certain period of time — have decreased in some locations, including in the U.S. Based on observational studies, factors such as healthy lifestyle behaviors and higher levels of education may be contributing to such a decline. But the cause and effect are uncertain, and such factors need to be tested in a clinical trial to prove whether they can prevent dementia.

“For Alzheimer’s and related dementias, no behavior or lifestyle factors have risen to the level of researchers being able to say this will definitely prevent these diseases. But there are promising avenues.”

A review of published research evaluated the evidence from clinical trials on behavior and lifestyle changes to prevent or delay Alzheimer’s or age-related cognitive decline. The review found “encouraging but inconclusive” evidence for three types of behavioral changes (also called interventions): physical activity, blood-pressure control, and cognitive training.

The findings mean that interventions in these areas are promising enough that researchers should keep studying them to learn more. Researchers continue to explore these and other interventions to determine whether — and in what amounts or forms — they might prevent dementia.

 

What Can You Do?

Although there is no effective treatment or proven prevention for Alzheimer’s and related dementias, in general, leading a healthy lifestyle may help address risk factors that have been associated with these diseases.

• Control high blood pressure. High blood pressure, or hypertension, has harmful effects on the heart, blood vessels, and brain, and increases the risk of stroke and vascular dementia. Treating high blood pressure with medication and healthy lifestyle changes, such as exercising and quitting smoking, may help reduce the risk of dementia.

• Manage blood sugar. Higher-than-normal levels of blood sugar, or glucose, can lead to diabetes and may increase the risk of heart disease, stroke, cognitive impairment, and dementia. Making healthy food choices, getting regular exercise, stopping smoking, and checking glucose levels can help manage blood sugar.

• Maintain a healthy weight. Being overweight or obese increases the risk for related health problems such as diabetes and heart disease. Being active and choosing healthy foods can help maintain a healthy weight.

• Eat a healthy diet. Aim for a mix of fruits and vegetables, whole grains, lean meats and seafood, unsaturated fats such as olive oil, and low-fat or non-fat dairy products, while limiting other fats and sugars.

• Keep physically active. Physical activity has many health benefits, such as helping to prevent being overweight and having obesity, heart disease, stroke, and high blood pressure. Aim to get at least 150 minutes of moderate-intensity physical activity each week.

• Stay mentally active. Lots of activities can help keep your mind active, including reading, playing board games, crafting, taking up a new hobby, learning a new skill, working or volunteering, and socializing.

• Stay connected with family and friends. Connecting with people and engaging in social activities can prevent social isolation and loneliness, which are linked to higher risks for cognitive decline and Alzheimer’s disease.

• Treat hearing problems. Hearing loss may affect cognition and dementia risk in older adults and can make it more difficult to interact with others. Protect your ears from loud sounds to help prevent hearing loss, and use hearing aids if needed.

• Take care of your mental and physical health. This includes getting your recommended health screenings, managing chronic health issues such as depression or high cholesterol, and regularly checking in with your healthcare provider.

• Sleep well. Sleeping well is important for both your mind and body. Try to get seven to eight hours of sleep each night. Talk with your doctor if you are not getting enough sleep, are sleeping poorly, or think you may have a sleep disorder.

• Prevent head injury. Take steps to prevent falls and head injury, such as fall-proofing your home and wearing shoes with non-skid soles that fully support your feet. Consider participating in fall-prevention programs online or in your area. Also, wear seatbelts and helmets to help protect you from concussions and other brain injuries.

• Drink less alcohol. Drinking too much alcohol can lead to falls and worsen health conditions such as diabetes, high blood pressure, stroke, memory loss, and mood disorders. The National Institute on Alcohol Abuse and Alcoholism, part of the National Institutes of Health, recommends that men should not have more than two drinks a day and women only one.

• Stop tobacco use. At any age, stopping smoking can improve your health and lower the risk of heart attack, stroke, and lung disease.

Researchers cannot say for certain whether making the above lifestyle changes will protect against dementia, but these changes are good for your health and are all part of making healthy choices as you age.

 

Watch Out for False Alzheimer’s Cures

Although you might see commercials or online advertisements for products promising to improve brain health and prevent dementia, be cautious about such products. There currently is no product that will effectively prevent or treat Alzheimer’s or related dementias. Check with your doctor before trying any new medication or supplement.

More research is needed to find ways to help prevent Alzheimer’s and related dementias. Future research may determine that specific interventions are needed to prevent or delay the disease in some people, but others may need a combination of treatments based on their individual risk factors. Understanding risk factors and choices you can make now is important for both your present and future health.

 

The ADEAR (Alzheimer’s & Related Dementias Education & Referral) Center is a service of the National Institute on Aging at the National Institutes of Health.

Home-care Nurse or In-home Personal Caregiver?

By Contributor
Senior Planning

An Important Question

By Michele Anstett

 

More seniors are choosing to age in place at home instead of dwelling in an assisted-living or nursing facility. However, some may need additional help with their medical or personal care and managing everyday household tasks. Seniors and their family members then need to decide whether a home-care nurse or an in-home personal caregiver is required.

Michele Anstett

Michele Anstett

“Professional in-home caregivers help older adults maintain their independence, continue living at home, and age safely and comfortably.”

What Does a Home-care Nurse Do?

A home-care nurse is either a registered nurse (RN) or a licensed practical nurse (LPN) who offers nursing-level medical care to individuals in their home. Home-care nurses provide treatments that may include:

• Wound care;

• Respiratory therapy;

• Tracheotomy care;

• Diabetes management;

• Ostomy care; and

• Injections and infusions.

Other medical providers — such as registered dietitians and physical, speech, and occupational therapists — may also offer specialized healthcare and rehabilitation services in the home.

 

How In-home Personal Caregivers Can Help

An in-home caregiver provides non-medical assistance for adults needing personal care and assistance with daily tasks. Professional in-home caregivers help older adults maintain their independence, continue living at home, and age safely and comfortably. Caregiver tasks may include:

• Bathing and dressing assistance;

• Assistance with mobility;

• Transfers;

• Companion care;

• Errands and shopping;

• Light housekeeping;

• Meal preparation;

• Medication reminders; and

• Incidental transportation.

 

Which Type of Care is Necessary?

The first step is determining whether your loved one’s needs are medical or non-medical. If your loved one needs non-medical personal assistance, a professional home-care provider, such as Visiting Angels, might be the right choice. Clients and/or their families can select the hours and tasks required — even if those requests are for companion care or respite care only. Visiting Angels offers many care arrangements, including:

• Up to 24/7 care;

• Overnight care or weekday, evening, weekend, and holiday care;

• Respite care for families;

• Temporary care;

• Long-term care; and

• Long-distance care.

 

Arrange a Home-care Consultation

Schedule a free home care consultation with Visiting Angels West Springfield to learn more about available services and how an in-home personal caregiver might be able to assist your loved one. Call (413) 733-6900 for more information.

 

Michele Anstett is director and owner of Visiting Angels West Springfield.

A Crucial Guide to Protecting Vulnerable Loved Ones

By Contributor
Senior Planning

Recognize the Signs of Elder Abuse

By Lynn Wolf

Elder abuse is a silent epidemic that affects millions of older adults worldwide. According to the World Health Organization (WHO), approximately one in six older adults experience some form of abuse in community settings, with the prevalence even higher in institutional settings such as nursing homes. Shockingly, a study by the National Council on Aging (NCOA) found that only one in 14 cases of elder abuse are reported to authorities, highlighting the pervasive underreporting of this issue.

 

Understanding Elder Abuse

Elder abuse encompasses various forms of harm inflicted upon older adults, including physical, emotional, sexual, financial, and neglectful mistreatment. It can occur in any setting, whether at home or in nursing homes, assisted-living facilities, or even hospitals. Perpetrators of elder abuse can be family members, caregivers, acquaintances, or professionals entrusted with the elder’s care.

Lynn Wolf

Lynn Wolf

“If an older adult confides in you about abuse, listen with empathy and take their concerns seriously. Many victims of elder abuse suffer in silence due to fear or shame, and it’s essential to provide them with support and validation.”

Recognizing the Signs

Physical abuse may include:

• Unexplained injuries such as bruises, fractures, or burns;

• Signs of restraint such as rope marks on wrists;

• Refusal to seek medical treatment or delays in treatment for injuries; or

• Changes in behavior around specific individuals.

 

Emotional abuse may include:

• Withdrawal from usual activities or social interactions;

• Unexplained changes in behavior, such as depression or anxiety; or

• Verbal threats, insults, or humiliation.

 

Sexual abuse may include:

• Bruises or injuries around the genitals or breasts;

• Unexplained sexually transmitted infections; or

• Signs of distress or fear around certain individuals.

 

Financial abuse may include:

• Sudden changes in financial situation or loss of assets;

• Unexplained withdrawals or transfers of money; or

• Unauthorized use of credit cards or forging signatures.

 

Signs of neglect may include:

• Poor hygiene, including soiled clothing or lack of bathing;

• Untreated medical conditions or lack of medication; or

• Malnutrition or dehydration.

 

Taking Action

Stay vigilant. Keep an eye out for any signs of abuse or neglect, especially if your loved one is unable to communicate effectively due to cognitive decline or other health issues.

Listen and believe. If an older adult confides in you about abuse, listen with empathy and take their concerns seriously. Many victims of elder abuse suffer in silence due to fear or shame, and it’s essential to provide them with support and validation.

Report suspected abuse. If you suspect elder abuse, don’t hesitate to report it to the appropriate authorities. Contact adult protective services, local law enforcement, or a trusted elder-abuse hotline for assistance. In Hampden and Hampshire counties, Adult Protective Services is operated by Greater Springfield Senior Services. Contact them at www.gsssi.org/adult-protective-services or call (800) 922-2275.

Seek support. Reach out to organizations and support groups specializing in elder-abuse prevention and intervention. They can provide valuable resources, guidance, and emotional support for both victims and their families.

 

Prevention is Key

Educate yourself. Learn about the warning signs of elder abuse and the resources available in your community to address it effectively.

Establish open communication. Maintain open lines of communication with your loved ones and encourage them to speak up if they experience any form of mistreatment.

Conduct regular check-ins. Schedule regular visits or phone calls with your older relatives to check on their well-being and address any concerns they may have.

Create a supportive environment. Foster a supportive and respectful environment where older adults feel safe and valued, surrounded by caring individuals who prioritize their needs and rights.

 

Conclusion

Recognizing the signs of elder abuse is essential for protecting our older loved ones from harm and ensuring they receive the care and respect they deserve. By staying vigilant, taking action, and promoting prevention efforts, we can work together to combat elder abuse and create a safer and more compassionate society for older adults everywhere.

Let’s stand together to advocate for the rights and dignity of our elders and ensure they live their lives free from abuse and exploitation.

 

Lynn Wolf is Marketing and Development manager at WestMass ElderCare Inc.

Moving Seniors from Long-term Care to Community Living

By Contributor
Senior Planning

Making the Transition

By Kristen Wampler

 

Transitioning seniors from long-term care facilities to community or residential housing is a significant change that requires careful planning. Early preparation is key to ensuring a smooth process.

Kristen Wampler

Kristen Wampler

Start by understanding the financial implications and coordinating the transport of belongings. It’s essential to recreate a familiar environment for the senior by bringing personal items from their previous living space, helping them feel more at home.

When exploring potential new homes, visit and evaluate various options. Consider not just the overall environment, but also the location, amenities, and available healthcare services. Transitioning from a nursing home may mean losing immediate access to healthcare professionals, so it’s crucial to ensure that medication management and access to doctors are well-coordinated. This requires time, as these services often take a while to establish.

Involving the senior in the entire process is vital. Their preferences and comfort are crucial for a successful transition. Moving can be emotionally challenging, especially for those who have been in long-term care for an extended period. Offer emotional support and reassurance throughout the process to minimize feelings of loss or anxiety.

Establishing new routines and systems in the new space is important, as routines provide stability and comfort. Nursing homes often offer a built-in social network for residents, and maintaining social connections is crucial. Research local community resources, such as senior centers, book clubs, crochet classes, or support groups, to provide social opportunities and combat loneliness and isolation. Monitor the senior’s adjustment and address any concerns promptly.

 

Financial concerns are legitimate, as living independently can be expensive, especially for those on a fixed income. Take the time to research eligibility for public assistance, local nutrition programs, behavioral-health outreach, money-management programs, and other resources. These can help promote opportunities for the senior to live with dignity and independence, achieving the highest possible quality of life.

When transitioning individuals, we typically discuss the following areas with the family, to the degree possible:

• Choosing the right housing. Ensure that the new residence meets the senior’s needs.

• Support system. Establisha network of family, friends, and caregivers.

• Healthcare location and in-home preparation. Coordinate medical services and prepare the home for any necessary accommodations.

• Emotional and social support. Provide resources for mental well-being and social engagement.

• Financial assistance and support. Explore financial-aid options to manage the cost of independent living.

• Family involvement. Keep family members engaged and informed throughout the process.

• Legal issues. Address any legal considerations, such as power of attorney and living wills.

For more information, visit bfair.org.

 

Kristen Wampler is vice president of Community Services at BFAIR in North Adams.

This Can Be a Compassionate Alternative for Senior Living

By Contributor
Senior Planning

Adult Foster Care

By Anna Randall

As our loved ones get older, ensuring their well-being becomes a top priority. Finding the right balance between independence and care can be challenging for many families. Traditional nursing homes and assisted-living facilities are often considered; however, these options may not always provide the personalized, home-like environment many desire.

This is where Greater Springfield Senior Service’s Adult Foster Care (AFC) comes into play, offering a compassionate and effective alternative for senior living. This program is designed to support individuals who cannot live alone independently due to physical, emotional, or cognitive impairments.

Unlike institutional settings, in AFC, individuals reside in private homes and receive round-the-clock care from dedicated caregivers. This arrangement creates a family-like environment, ensuring participants receive assistance while maintaining a sense of dignity and belonging.

 

Benefits of Adult Foster Care

• Personalized attention. One of the primary advantages of AFC is the personalized care and support participants and caregivers receive. Caregivers work with the case management and nursing team to develop a person-centered plan of care to meet daily living needs and achieve the client’s personal goals.

Caregivers receive support and education every month, ensuring the participant’s needs are addressed and they feel supported in their caregiving journey. After-hours support is available for the caregiver and participants. This tailored approach ensures participants get the support they need, making them feel cared for and providing a sense of dignity and safety.

• Enhanced quality of life. Living in a nurturing home environment can significantly enhance the quality of life for those needing this level of care. AFC participants benefit from the stability and comfort of a family setting, which can improve their mental and emotional well-being. The AFC team qualifies every home setting to ensure the participant resides in a safe, supportive setting.

Anna Randall

Anna Randall

Caregivers work with the case management and nursing team to develop a person-centered plan of care to meet daily living needs and achieve the client’s personal goals

• Monthly tax-free stipend and respite for family caregivers. Caring for an aging loved one can be rewarding and demanding. The program provides a monthly tax-free stipend and valuable respite for family caregivers, allowing them to take a break while knowing their loved one is in capable hands. This support can help prevent caregiver burnout and ensure family members maintain their health and well-being.

• Professional support. Caregivers in the AFC program receive ongoing training and support from healthcare professionals, including registered nurses and highly trained care managers. This ensures that they are well-equipped to handle the complex needs of their participants and can provide high-quality care. Professional oversight helps maintain high standards and addresses any issues promptly.

 

Who Can Benefit from Adult Foster Care?

The AFC program is ideal for those (age 16 or older) who require assistance with daily living activities due to chronic illness, disability, or cognitive impairments such as dementia. To be eligible, individuals must meet specific medical and functional criteria and have a particular type of MassHealth insurance or belong to a Senior Care Options or One Care insurance plan. Private-pay options are also available.

AFC is particularly suitable for those who prefer a more personalized and home-like care setting over traditional institutional care. Family members are eligible to serve as caregivers, except for a spouse.

 

Conclusion

The Greater Springfield Senior Services Inc. Adult Foster Care program offers a unique and compassionate alternative to traditional long-term care options. By providing personalized care in a home-like setting, the program ensures that individuals receive the support they need while enjoying the comfort and stability of a family environment.

Whether you are seeking care for a loved one or considering becoming a caregiver, this program may be a valuable resource. To learn more about this program or others, call (413) 781-8800.

 

Anna Randall is Community Services director at Greater Springfield Senior Services Inc.

Understanding Health Savings Accounts and Medicare

By Contributor
Senior Planning

Two Powerful Tools

By Erica Beaudry

 

Healthcare costs continue to rise, leaving many individuals worried about how to manage their medical expenses both now and in the future. Two powerful tools in this regard are health savings accounts (HSAs) and Medicare. Understanding how these tools interact can help you make informed decisions about your healthcare and financial well-being.

Erica Beaudry

Erica Beaudry

If you’re still working and have employer-sponsored health insurance after age 65, you can delay enrolling in Medicare without penalty. Your HSA contributions can continue, but once you do enroll in Medicare, coordination between your HSA and Medicare is important to avoid any issues.

 

What Are the Advantages?

HSAs are tax-advantaged savings accounts that can be used to cover qualified medical expenses. They offer a unique blend of benefits that make them an attractive option for individuals and families.

• Triple tax advantage. One of the standout features of HSAs is their triple tax advantage. Contributions are tax-deductible, meaning you can reduce your taxable income by the amount you contribute. Additionally, the money you contribute grows tax-free, and withdrawals for qualified medical expenses are also tax-free.

• Ownership and portability. Unlike flexible spending accounts, HSAs are not tied to an employer. This means you own the account and can take it with you even if you change jobs or retire.

• Long-term savings. HSAs can be used as a powerful tool for saving for medical expenses in retirement. If you don’t use all the funds in a given year, the money continues to grow and can be tapped into for future healthcare needs.

• Eligibility. To open and contribute to an HSA, you must be enrolled in a high deductible health plan, which generally offers lower premiums and higher deductibles compared to traditional health plans.

 

Making the Most of Both HSAs and Medicare

• Pre-Medicare HSA contributions. Consider maximizing your HSA contributions before you switch to Medicare. Once you’re on any part of Medicare, you can no longer contribute to your HSA, but you can still use the funds for qualified medical expenses.

• Medicare premiums and HSAs. You cannot use HSA funds to pay for Medicare Supplement (Medigap) premiums. However, you can use HSA funds to pay for Medicare Parts A, B, C, and D premiums.

• Social Security and Medicare. If you are receiving Social Security benefits, Medicare Part A enrollment is mandatory. When you elect to collect Social Security benefits after age 65, there is a six-month look-back on your contributions, so planning to stop contributions ahead of time can help avoid tax penalties.

In conclusion, HSAs and Medicare are valuable tools for managing healthcare costs and securing your financial future. Understanding how they work individually and together can help you make informed decisions tailored to your unique circumstances. It’s wise to consult with financial advisors and healthcare insurance experts to create a comprehensive plan that ensures you’re prepared for your healthcare needs during your working years and into retirement.

 

Erica Beaudry is owner of EA Financial Solutions and a local, licensed, independent insurance agent with a focus on Medicare.

During a Time of Change, Focus on the Many Positives

By Contributor
Senior Planning

Planning for Senior Living

By The Arbors Assisted Living

 

Senior planning presents significant challenges as society ages. Evolving care needs; the quality of care; caregivers’ emotional, physical, and financial burdens; social isolation and loneliness; and healthcare accessibility are all present concerns families face when recognizing a need for change.

While change can be scary, it’s also an inevitable part of life and can lead to many positive outcomes, new opportunities, and fresh perspectives. In regard to senior planning, here are some positive changes you may find in addition to improving the quality of life and overall well-being of your loved one.

 

“There has been a shift toward person-centered care in senior living communities, focusing on individual preferences, needs, and goals. This approach emphasizes dignity, autonomy, and respect for seniors, allowing them to make choices about their daily routines, activities, and care.”

 

Person-centered Care

There has been a shift toward person-centered care in senior living communities, focusing on individual preferences, needs, and goals. This approach emphasizes dignity, autonomy, and respect for seniors, allowing them to make choices about their daily routines, activities, and care.

 

Increased Focus on Wellness

Many senior living communities now offer comprehensive wellness programs designed to promote physical, emotional, and social well-being. These programs may include fitness classes, recreational activities, educational seminars, and mental-health support services.

 

Age-friendly Design

Senior living communities are incorporating age-friendly design principles to create environments that are accessible, comfortable, and supportive of older adults’ needs. This includes features such as wheelchair ramps, grab bars, non-slip flooring, and well-lit common areas.

 

Community Engagement

There is a growing emphasis on fostering community engagement and social connections among residents in senior living settings. Communities offer social events, group outings, volunteer opportunities, and intergenerational programs to combat social isolation and loneliness.

 

Flexible Living Options

Senior living options have become more diverse and flexible to accommodate varying preferences and care needs. In addition to traditional assisted living and nursing home facilities, there are now more options for independent living, continuing-care retirement communities, and aging in place with home care support.

 

Culinary Excellence

Senior living communities are elevating their dining experiences by offering restaurant-style dining, diverse menus, and nutritious meal options tailored to seniors’ dietary preferences and health needs.

 

Emphasis on Lifelong Learning

Senior living communities are providing opportunities for lifelong learning and personal enrichment through educational classes, workshops, and cultural activities. These programs help seniors stay mentally stimulated, engaged, and connected to their interests and passions.

 

Family Involvement and Support

Senior living facilities are recognizing the importance of involving families in the care and decision-making process. They may offer family support services, communication channels, and family-engagement activities to foster collaboration and support among residents and their loved ones.

 

Advancements in Memory Care

For seniors living with Alzheimer’s disease and other forms of dementia, there have been advancements in memory-care programs, and specialized services. These programs focus on providing personalized care, sensory stimulation, and meaningful activities to enhance quality of life and preserve cognitive function.

 

A Challenging Transition

Many families struggle with navigating this type of change with their loved ones. While we recognize the benefits and importance of senior planning, it’s important to understand that the seniors in our lives come from a different generation and may not fully grasp how much the industry has evolved. Initiating a conversation can be the most challenging aspect. However, when explaining the need for change to a senior, it’s crucial to approach the discussion with empathy, respect, and clarity. Here’s how you might do so:

• Acknowledge feelings. Start by acknowledging any concerns or fears the senior may have about the proposed change. Let them know that it’s normal to feel apprehensive about new things, but change can also bring positive opportunities and improvements.

• Highlight benefits. Explain the reasons behind the proposed change and the potential benefits it could bring. For example, if you’re discussing a move to a senior living community, you might highlight the social opportunities, amenities, and support services available that could enhance their quality of life.

• Address specific concerns. Listen attentively to the senior’s concerns and address them one by one. Offer reassurance and practical solutions to alleviate any worries they may have. For instance, if they’re concerned about losing independence, you could discuss how the new arrangement will still allow them to make decisions and maintain control over their life.

• Focus on needs and preferences. Emphasize how the proposed change aligns with the senior’s needs, preferences, and goals. Help them see how it could better meet their current and future needs, whether it’s improved safety, access to healthcare, or opportunities for socialization.

• Involve them in decision making. Involve the senior in the decision-making process and respect their autonomy. Encourage them to share their thoughts, preferences, and concerns, and consider their input when making plans for change. This can help them feel more empowered and in control of the situation.

• Provide support. Offer practical support and assistance throughout the transition process. This could include helping with logistics such as packing, moving, and settling into a new environment, as well as emotional support to help them adjust to the changes.

• Highlight past successes. Remind the senior of times when they successfully navigated change in the past. Reflecting on past experiences of resilience and adaptability can help boost their confidence and willingness to embrace new challenges.

• Offer time and patience. Give the senior time to process the information and adjust to the idea of change. Be patient and supportive, and avoid pressuring them to make decisions before they’re ready. Let them know that you’re there to support them every step of the way.

• Stay positive and encouraging. Maintain a positive and encouraging attitude throughout the conversation. Focus on the potential opportunities and improvements that the change could bring, and express confidence in the senior’s ability to adapt and thrive in the new situation.

• Follow up and check in. After the change has been implemented, continue to check in regularly with your loved one to see how they’re adjusting and address any ongoing concerns or challenges. Offer ongoing support and encouragement as needed to help them navigate the transition successfully.

 

Bottom Line

By approaching the conversation with empathy, understanding, and support, you can help your loved one feel more comfortable and confident about embracing change and navigating new opportunities in the senior years of their life.

We genuinely believe that embracing change during your loved one’s golden years can be positive. As a family member, you’ll find comfort in knowing they’re receiving excellent care and enjoying a fulfilling experience.

Clowning Around in Franklin County

By Contributor
Opinion

Opinion

By Jessye Deane

 

A couple weeks ago, I brought my family to the circus. Thanks to our members at North Star in Sunderland, for the first time ever, Circus Smirkus, an award-winning, world-renowned traveling youth circus, made its debut in Franklin County. Those of us who were lucky enough to land underneath the big top are already counting down the days until the troupe returns next summer. 

The performers, ages 11-18, flipped and flew and blew the minds of clown-nosed, popcorn-eating audience members of all ages, my kids especially. Gill’s own 12-year-old Oscar Gradick represented Franklin County well with his unbelievable juggling and made me irrationally proud of him and the rest of the very young, very talented troupe. And while I watched these kids soar and spiral above the crowd, I couldn’t help but think that I really need to start stretching more.

But after that, I was struck by the parallels that can be drawn between performing in the circus and running a business. Let me explain.

As we know, on any given day, managing a business or nonprofit can be a circus in its own right; we’re all performing a constant balancing act, juggling work deadlines and family demands and trying desperately not to let any of the balls drop.

Both the circus and business require an obscene level of flexibility and artistry, forcing everyone involved with the organizations to continually bend and contort themselves in order to meet the unusually high expectations of spectators.

Effective risk management is the foundation of good business and the big top, with business owners and circus-ers both barreling through the ring of fire and walking the ever-present, fine tightrope line between success and fall-on-your-face failure. 

While the argument can be made that clowns can pop up in all industries, ultimately, it’s the showmanship, discipline, and the unspoken, figure-it-out factor that separates successful ringmasters from the rest — and maybe a little bit of magic, too.

All this to say that, as Franklin County business and nonprofit professionals, we don’t often have the luxury of the ‘not my circus, not my monkeys’ mentality, and I hope, if you are feeling the weight of all those standing on your shoulders, that you take this reminder from the circus and remember how talented and truly spectacular you are.

After all, the show must go on!

Let’s all stretch more, too.

 

Jessye Deane is executive director of the Franklin County Chamber of Commerce.

 

The Importance of Multi-factor Authentication in Cybersecurity

By Contributor
Cybersecurity

Layers of Protection

By Charlie Christianson

 

Today’s cyberthreats are constantly evolving, threat actors are increasingly sophisticated, and the risks of having accounts compromised through stolen or hacked passwords are very high.

One of the most effective ways to protect against having an account compromised is by using multi-factor authentication (MFA). MFA is a security process that requires users to provide two or more verification factors to gain access to a resource such as an application, online account, or VPN. By combining multiple forms of verification, MFA significantly reduces the likelihood of unauthorized access. In fact, many cyber insurance providers now require it.

 

Enhancing Security with Multiple Layers

The key advantage of MFA is that it provides multiple layers of security. Traditional authentication methods, such as passwords, are increasingly vulnerable to attacks. Many people continue to use weak passwords or the same password across many accounts.

Commonly used attack vectors include phishing, brute-force attacks (guessing weak passwords), and credential stuffing (using compromised passwords from one breach to access unrelated accounts) to compromise passwords. MFA addresses these vulnerabilities by requiring additional verification factors that are much harder to steal or replicate. These factors typically include:

• Something You Know. This could be a password, PIN, or an answer to a security question.

• Something You Have. This includes physical devices like a smartphone, security token, or smart card.

• Something You Are. Biometric verification may include fingerprints, facial recognition, or voice recognition.

By combining these factors, MFA ensures that, even if one factor is compromised (like a password), unauthorized access is still unlikely unless the attacker can breach multiple layers or the user is not paying attention and actually allows the access.

Charlie Christianson

Charlie Christianson

“The key advantage of MFA is that it provides multiple layers of security. Traditional authentication methods, such as passwords, are increasingly vulnerable to attacks.”

Mitigating the Risk of Data Breaches

Businesses can be devastated by a data breach through financial losses, reputational damage, and legal implications. Implementing MFA can significantly mitigate the risk of such an event. According to a report by Verizon, compromised credentials are one of the leading causes of data breaches. MFA makes it exponentially more difficult for attackers to use stolen credentials, as they would also need to defeat a second or third layer of authentication.

For instance, if a user’s password is compromised through a phishing attack, the scammer would still need access to the user’s mobile device or biometric data to complete the authentication process. This additional barrier is often enough to deter attackers or prompt them to move on to easier targets.

 

Compliance with Regulatory Standards

Most industries are subject to regulations that mandate the implementation of MFA. These include General Data Protection Regulation, the Health Insurance Portability and Accountability Act, and the Payment Card Industry Data Security Standard. All emphasize the importance of robust authentication mechanisms. Failure to comply with these standards can result in severe penalties and legal repercussions.

By implementing MFA, organizations will satisfy a major requirement of these regulations and enhance their overall security posture. Strong security practices also enhance customer trust and confidence.

 

Protecting Remote Workforces

A remote workforce presents several cybersecurity challenges. Employees accessing company resources from multiple locations with various devices increase the attack surface for cybercriminals. MFA is essential to ensure that only authorized individuals can access sensitive information and systems.

Remote access solutions, such as virtual private networks and cloud services, should be protected with MFA to prevent unauthorized access. This is an essential tool in preventing man-in-the-middle attacks and session hijacking, which are more prevalent in remote work environments.

 

Improving Incident Response and Risk Management

MFA also plays a critical role in improving incident response and risk management. By implementing MFA, organizations can better track and monitor access attempts, allowing them to identify and respond to suspicious activities more quickly. Better visibility aids in earlier detection of failed attempts and helps to mitigate threats before they become major incidents.

MFA helps to reduce the overall risk profile of an organization by minimizing the chances of unauthorized access. This is one of the reasons why cybersecurity insurers are requiring MFA on external accounts, internal administrator accounts, and even domain user log-ins.

If you are renewing your cyber coverages, be sure to read the cyber questionnaires carefully and make sure you are doing what you say you are doing. Cyber insurers will deny claims or even deny coverage altogether if they determine these critical controls are not in place.

 

Conclusion

In an era where cyberthreats are increasingly sophisticated and pervasive, MFA stands out as a crucial component of any cybersecurity strategy. By requiring multiple forms of verification, MFA significantly enhances security, mitigates the risk of data breaches, ensures compliance with regulatory standards, protects remote workforces, and improves incident response and risk management.

Organizations that prioritize the implementation of MFA can better safeguard their digital assets and maintain the trust of their customers and stakeholders. As cyberthreats continue to evolve, the importance of including an MFA solution as part of your cybersecurity strategy is becoming essential in the fight to secure your digital assets.

 

Charlie Christianson is president of CMD Technology Group Inc. in East Longmeadow.

The Value of Investing in Training

By Contributor
Opinion

Opinion

By John Henderson

We’ve all heard the famous quote by Henry Ford, “the only thing worse than training your employees and having them leave is not training them and having them stay.”

When you invest in someone’s professional growth, how do you measure the return on your company’s investment? There are several models that can help you measure return on investment (ROI). One model that many people use is the Kirkpatrick Model of Training Evaluation. In this model, there are four levels to evaluate:

• Level 1: Reaction. This is simply noting how people directly respond to the training. Were they satisfied? You can measure that by evaluation responses.

• Level 2: Learning. What knowledge and skills did the employee acquire due to the training? This can be measured by observing the employee’s performance after the training — was there improvement?

• Level 3: Behavior. How did the employee’s behavior change? Has there been an increase in productivity, motivation, and employee engagement?

• Level 4: Impact. How has the training impacted the goals of the team and/or organization?

While the Kirkpatrick model is widely used, if you are looking for a more mathematical way to measure ROI, you can use a more traditional formula: simply calculate the dollar return (benefit: have sales increased, have efficiencies increased, has retention increased), and divide it by the cost of the investment (training).

Now, with all that said, let’s look at how to effectively get the most return on training investment.

First, determine the skills gap and identify the appropriate training course for the person to attend.

Second, set them up for success by doing the following:

• Explain to the person why you are sending him or her to the training session. I once had a participant during a break tell me he thinks he was sent to the leadership series because he was in trouble. I asked him if he would be comfortable asking his supervisor why he was selected to attend. When he returned to the next class, he proudly proclaimed, “I’m here because they think I have high potential to be a leader.”

• Provide the person with all the logistical information and an overview of what the content of the training will be.

• Provide the trainee’s supervisor with the same information.

• Encourage the trainee and supervisor to meet after the training is completed to discuss what was learned and how the employee intends to use the newly learned skills.

Investing in your employees’ training can bring great ROI if you make sure to follow the four steps outlined above. Don’t spend your learning and development dollars without ensuring that the participant is prepared and ready to learn.

 

John Henderson is director of Learning and Development at the Employers Assoc. of the NorthEast. This article first appeared on the EANE blog; eane.org

Addressing the Trend of Quiet Quitting in the Workplace

By Contributor
Employment

Motivation Matters

By Nicole Polite

 

Quiet quitting is a term that has recently gained traction, describing a workplace trend where employees strictly limit their tasks to what is outlined in their job descriptions, refusing to work longer hours or overextend themselves. While these individuals fulfill their basic duties, they establish clear boundaries to preserve work-life balance and resist the notion that ‘work is life.’

This behavior does not necessarily indicate a lack of commitment or intent to leave the organization. Rather, it often highlights a need to manage workplace stress or dissatisfaction effectively. This type of withdrawal could also suggest that an employee is reevaluating their career path or actively seeking new opportunities.

The concept gained notability during the period known as the Great Resignation, a time when many individuals reflected deeply on their careers, salaries, and how they are treated in the workplace. The primary motives behind quiet quitting often include a lack of advancement opportunities, insufficient pay, and a feeling of being undervalued. This isn’t a new phenomenon; workers have been adopting this approach for years in response to issues like poor compensation, unmanageable workloads, and inadequate growth opportunities.

 

Signs of Quiet Quitting

Quiet quitting can manifest in various ways, some of which include:

• Not attending meetings;

• Poor attendance;

• Arriving late or leaving early;

• Noticeable reduction in productivity;

• Lesser involvement in team projects;

• Avoiding participation in planning or strategy meetings; or

• A general lack of enthusiasm or engagement in work.

 

Ripple Effects of Quiet Quitting

Increased Workload for Others: With some employees dialing back their efforts, their colleagues often face increased workloads, which can result in burnout and further disengagement, perpetuating a harmful cycle.

Compromised Reputation: Quiet quitting can take a toll on an organization’s external image. Internal problems can tarnish its reputation as a desirable workplace, making it challenging to attract and retain skilled personnel.

Loss of Competitive Edge: In competitive sectors, where innovation is key, the lack of initiative resulting from quiet quitting can severely disadvantage a company.

Increased Turnover: If issues prompting quiet quitting, such as poor recognition, inadequate compensation, or limited growth prospects, aren’t addressed, employees may eventually leave the company. This turnover is not only disruptive, but also adds significant costs to the organization in terms of replacement and training.

 

Strategies for Employers to Mitigate Quiet Quitting

Employers aiming to combat quiet quitting and enhance employee engagement should focus on improving the overall employee experience through several strategic approaches:

Open Dialogue: Regularly engage with staff to understand their needs and address grievances. Genuine expressions of appreciation can significantly impact morale and motivation.

Realistic Workloads: Ensure that goals set for employees are achievable and reasonable, maintaining clear boundaries to prevent feelings of being overwhelmed.

Regular Check-ins: Create a supportive atmosphere by routinely checking in on employees’ well-being in informal settings. This can help foster a sense of belonging and care within the company.

Autonomy and Creativity: Encourage autonomy in daily tasks and problem solving to enhance creativity and personal investment in work.

Mental Health Prioritization: Develop and implement wellness programs that encourage employees to focus on their mental health. Foster an environment where mental well-being is regarded as essential as physical health.

Career Development: Actively discuss and facilitate potential career paths within the organization. Assist employees with clear, actionable steps to achieve their professional ambitions, showing commitment to their growth and development.

By implementing these strategies, organizations can not only address the issue of quiet quitting, but also cultivate a workplace culture that respects and values employee contributions and personal boundaries. Such an environment can lead to a more engaged and motivated workforce, ultimately benefiting the entire organization and leading to better overall productivity and employee satisfaction.

 

Conclusion

As quiet quitting continues to be a topic of discussion in many professional circles, it’s crucial for leaders and managers to take proactive steps to understand and address the underlying issues that lead to such behavior. By fostering an empathetic and supportive workplace, companies can ensure that their employees feel valued and motivated, reducing the inclination toward quiet quitting and boosting organizational health and effectiveness.

 

Nicole Polite is CEO of the MH Group, a staffing and recruiting firm in Massachusetts and Connecticut specializing in placing professionals in various industries with client companies.

How to Conduct an Effective Workplace Investigation

By Contributor
Law

A Road Map to Fairness

By Elaine Reall, Esq.

Managers, supervisors, and overworked HR professionals all face the specter of a sensitive workplace investigation from time to time. Allegations of illegal discriminatory behavior, workplace harassment and/or bullying, hostile-workplace assertions, or just straightforward favoritism based on a workplace romance between employees all regularly confront employers.

 

When to Investigate

The first question that employers need to ask is, does a formal or informal investigation need to take place? Not all workplace gripes or groans warrant an investigatory response.

Elaine Reall

Elaine Reall

“The first question that employers need to ask is, does a formal or informal investigation need to take place? Not all workplace gripes or groans warrant an investigatory response.”

For example, mandatory overtime in understaffed healthcare facilities is the subject of numerous complaints. And while it makes good employee relations sense to address such an issue, nothing in such a scenario rises to the level of warranting an investigation. However, if a formal or internal complaint indicates the possibility or probability of illegal discrimination, physical or emotional abuse, criminal misconduct, retaliation for whistleblowing, or OSHA-related safety or health issues, an employer would be wise to seriously consider initiating an investigation.

If an actual complaint exists (as opposed to vague rumors), prompt investigatory action is best practice, as it preserves evidence, prevents fading of witness memories, and demonstrates employer credibility. Yet, in a situation where only rumors and secondhand observations abound, an employer must weigh the pros and cons of pursuing an investigation without an actual complaint serving as an investigatory road map.

 

Who Should Investigate

Employers should begin by assessing the experience and background of managers and HR professionals working for the organization. Do such individuals have training and experience with internal workplace investigations? How critical is the confidentiality of information? Is there a high likelihood of legal action?

When considering inside versus outside investigators, consider this quick checklist:

• Do legal issues of document protection and privilege exist?

• Will the workplace benefit from a factual/credibility determination by a disinterested party?

• Evaluate the need for a general versus detailed findings/report.

• What is the likelihood of administrate agency (MCAD, etc.) or court action?

• Consider the need for professional demeanor.

• What is the value of inside managers/HR professionals being trusted in sensitive situations?

As a general rule of thumb, an experienced investigator (regardless of internal or external status) will be the most cost-effective.

 

Timing of Investigation

Prompt investigations are better investigations. Hoping that issues will simply go away is a surefire way for an employer to torpedo a strong result. Timely investigations deal efficiently with issues such as fresh witness memories, existing documentation, and lack of employee turnover. Investigatory urgency also lends a certain energy to the findings or report.

Unfortunately, employees often delay reporting serious issues and incidents to an employer for a variety of reasons. Often, the first evidence of a pattern of sustained harassment comes from information gathered during employee exit interviews. The best way to avoid this result is to actively encourage employees to report problems or concerns while they are still small (and fixable). The use of IT tools to make reporting of employee concerns simple and non-confrontational is a great adjunct to the traditional open-door complaint process used by many organizations.

 

Strategy, Strategy, Strategy

Nothing is more vital than extensive planning before starting a formal workplace investigation. Take all, or most, of the following actions:

• Gather and review relevant workplace documents;

• Read personnel files of potential witnesses and ‘suspects’;

• Do a deep Google dive on relevant parties;

• Do initial assessment of the nature of the complaint;

• Obtain legal advice about whether the subject matter may be legally privileged; and

• Outline the who, where, and why of the investigation (best investigator, best location for interviews, format for witness statements).

 

Limit Scope of Investigation

Finally, the workplace is not a judicial setting. Narrow the scope of your investigation to factual determinations. Examples: did X do/ask/physically touch, etc.? Did X violate employer policy? Do not introduce legal jargon or conclusions into the investigation. Example: don’t ask if someone created a hostile work environment.

 

Written Reports

Where a written report is appropriate or necessary, plain but detailed language is best for an investigator’s notes. Witness answers plus the investigator’s impressions and observations (example: tone of witness, loudness of response, marked body language) should be detailed.

Include specifics in the notes and in the final report. Outside third parties will view such detail as evidence of due diligence on the part of an employer. And, lastly, don’t depersonalize the report’s language; include actual names and identifying information (dates and times, locations, witnesses, and interview format [in-person versus Zoom]).

 

Written Versus Oral Report

If it has been a significant investigation, an employer needs to create a separate, stand-alone written report. Tip: do not file such a report in a regular employee personnel file. A distinct investigation file should be created. Written reports should not attempt to draw legal conclusions.

Consider notifying the complainant(s) and accused party of the general outcome of the investigation. Failure to do this almost always leads to such parties looking for answers outside the workplace, including talking with a lawyer.

Last, but never least, strive for a proper investigatory behavior and demeanor:

• Learn the value of silence and open-ended pauses;

• Don’t rush through questions;

• Ask a question and then actively listen;

• Remember to include open-ended questions to encourage witnesses to talk;

• Maintain a detached demeanor (avoid emotionally charged statements); and

• Absolutely avoid promises or guarantees.

 

Conclusion

Following the guidelines outlined above will help you create a solid investigatory road map. If you have any questions or concerns about the above policies, it is prudent to contact a labor and employment attorney so that the best investigatory practices can be followed and you can, hopefully, avoid unnecessary litigation.

 

Elaine Reall 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.

FTC Bans Non-compete Agreements for Nearly All U.S. Workers

By Contributor
Law

Sensible Move or Overreach?

By Meaghan Murphy, Esq. and John Gannon, Esq.

Meaghan Murphy

Meaghan Murphy

John Gannon

John Gannon

Non-compete agreements have long been the subject of intense debate. Some view them as a critical way to protect confidential and proprietary business information, while others view them as stifling the rights of workers to freely change jobs.

Taking the latter view, last year, officials at the Federal Trade Commission (FTC) proposed banning the use of non-compete agreements in the workplace. Because non-compete agreements prohibit workers from moving to or starting competing businesses for a designated period of time, from the FTC’s perspective, restrictions on employee mobility disadvantage workers who are seeking to change jobs, while at the same time harm businesses looking to hire employees. The net result, according to the FTC, hurts the economy overall and violates the Federal Trade Commission Act, which prohibits businesses from engaging in unfair methods of competition.

Just a few weeks ago, the FTC officially moved forward with its plan to eliminate non-compete agreements when it issued a final rule that will ban non-compete agreements nationwide starting Sept. 4, 2024. The new rule will impact an estimated 30 million workers — approximately one in five workers in the U.S.

“The rule does not impact non-disclosure and confidentiality agreements or non-solicitation agreements unless they prohibit a worker from, penalize a worker for, or function to prevent a worker from seeking or accepting work or operating a business.”

In this article, we take a closer look at what is required by the new rule, legal challenges to the nationwide ban, and strategies for employers who have non-compete agreements currently in place.

 

What Does the Rule Actually Say?

Here are the most important things businesses need to know about the new rule slated to take effect on Sept. 4 of this year.

Employers are prohibited from entering into or attempting to enter into a non-compete agreement with any employees. Also, with one limited exception (discussed below), employers will not be able to enforce non-compete agreements currently in place. Further, there is an affirmative obligation on employers to provide clear and conspicuous notice to workers with existing non-competes that those agreements will not be enforced against them.

There is a ‘senior executive’ exception: for senior executives, which are defined as those in “a policy-making position” earning more than $151,164 annually, it is unlawful to enter into new non-compete agreements after Sept. 4, but current non-compete agreements for senior executives will be allowed to stay in effect even after the effective date of the rule.

The rule does not impact non-disclosure and confidentiality agreements or non-solicitation agreements unless they prohibit a worker from, penalize a worker for, or function to prevent a worker from seeking or accepting work or operating a business. In other words, as long as those agreements are not worded so broadly as to essentially be non-compete agreements, they are safe.

As is often the case, there are some exceptions to the rule. For example, the rule does not apply to workers at nonprofits. Non-competes between franchisors and franchisees are exempted, so any such agreements remain lawful to have or enter into in the future. The same goes for non-competes between the seller and buyer of a business.

 

Legal Challenges

Business advocacy groups have taken issue with the non-compete ban from the get-go, arguing that the FTC’s actions are classic government overreach. The U.S. Chamber of Commerce — which touts itself as the world’s largest business-association advocacy group — announced its intention to file a lawsuit to block the rule months ago.

The chamber emphasized that non-compete agreements are — and should continue to be —upheld or struck down under well-established state laws and, further, that such a broad rule applied to all businesses across all sectors is not appropriate for the FTC to implement unilaterally.

In addition to the Chamber of Commerce’s lawsuit, a global tax services and software provider based in Dallas (Ryan, LLC) is challenging the rule in a federal district court in Texas. According to that company, non-competes are a valuable tool for firms to protect their intellectual property and foster innovation, and the FTC rule would upend businesses’ ability to do both.

Several motions have been filed in that case, and the court has suggested that it will issue a ruling on the legality of the FTC’s rule soon. Whichever way that court decides, employers can expect the losing party to appeal the decision to the Court of Appeals. After that, it’s possible the U.S. Supreme Court will weigh in.

 

What Should Employers Do?

Employers should collaborate with legal counsel to review all existing non-compete agreements and assess whether they will pass muster under the new FTC rule. If a business determines that most (if not all) of its non-compete agreements will be unenforceable come Sept. 4, management needs to craft a new plan aimed at protecting customer goodwill and shielding sensitive confidential information from disclosure.

As noted above, for the most part, non-disclosure and confidentiality agreements and non-solicitation agreements are not affected by the FTC’s non-compete ban. When properly drafted, these agreements can achieve the same goals as a non-compete without running afoul of the new FTC rule.

Businesses should also monitor the status of the FTC’s rule. We expect courts will issue important rulings in the FTC non-compete rule litigation very soon. If those decisions leave the rule in place in its current form, employers may need to issue notices compliant with the rule to those workers that fall within its protections, as well as refrain from requiring non-competes be signed by any workers in the future.

 

John Gannon is a partner with Springfield-based Skoler, Abbott & Presser, specializing in employment law and regularly counseling employers on enforcing restrictive covenants and protecting trade secrets. Meaghan Murphy is an associate with the firm and specializes in labor and employment law; (413) 737-4753.

Non-traditional Family Structures Challenge Modern Society

By Contributor
Law

The Decline of the Nuclear Family

By Julie A. Dialessi-Lafley, Esq.

 

Historically, a nuclear family (also known as an elementary family, atomic family, cereal-packet family or conjugal family), was the traditional family structure which is defined as a family group consisting of parents and their children (one or more), typically living in one home residence.

Statistically speaking, this is no longer the norm. In fact, 80% of households in the U.S. have a non-traditional family structure. Family structures that may be considered non-traditional or alternative include, but are not limited to, single-parent families (a single parent raises a child alone), cohabitation (an unmarried couple shares a household), same-sex families (two individuals of the same sex raise a family), grandparenting (grandparents raising grandchildren), and polygamy (marriage among at least three people).

Julie A. Dialessi-Lafley

Julie A. Dialessi-Lafley

“In the Baby Boom of 1960, there was one dominant family structure, with 73% of all children living in a family with two married parents in their first marriage. By 1980, 61% of children were living in this type of family, and today, less than half (46%) are in households with two married parents.”

Gay and lesbian households increased from 540,000 to 980,000 post-legalization of same-sex marriages, and multi-generational households have increased from 7 to 26%, which represents a 271% increase over a decade. The change in the common family structure from traditional to non-traditional happened quickly, and the laws have not moved as quickly to keep up with the times.

To highlight the change and how quickly it has taken place, consider that in the Baby Boom of 1960, there was one dominant family structure, with 73% of all children living in a family with two married parents in their first marriage. By 1980, 61% of children were living in this type of family, and today, less than half (46%) are in households with two married parents.

The formation of the non-traditional family, and the children that may result, can bring complex legal issues such as custody, visitation, child support, property division, estate planning, and constitutional issues, to name just a few of the most obvious ones. These are the legal issues only and do not even touch on social and emotional issues, which exist due to lack of understanding and/or acceptance in a society still rooted in traditional values.

 

Planning Is Paramount

Given how quickly the nuclear family has become the non-dominant family structure, one would think the members of non-traditional families would have all the resources they need available to them to address all the legal issues we face in our increasingly more complicated modern family society. Unfortunately, due to lack of concrete guidelines, non-traditional families are often forced to resolve these legal issues in a court process due to failure to understand the unique issues of their family structure or a lack of legal process.

By way of example, it is the unfortunate reality that some laws may not support the same federal estate or tax benefits in non-traditional households versus traditional ones. Federal benefits and retirement may not pass to non-married partners or same-sex spouses without actions taken specifically to designate beneficiaries. Proper tax planning and asset planning should be a priority in these households and relationships; however, these are areas often overlooked when dealing with the daily challenges of managing life and household dynamics.

When considering that most households have more than one income, likely have purchased real estate, have commingled assets, and may have blended families with children from other parents, non-married partners, or multi-generational households caring for children, the need to plan for the distribution of assets upon death is of paramount importance.

However, there is no specific, cookie-cutter estate plan for all non-traditional families to abide by. To ensure that property passes to your non-married partner, same-sex spouse, or non-biological and/or biological children, proper estate plans need to be put into place. These plans may include a will and trusts to ensure that goals of asset distribution are met upon a death.

In the same way, plans need to be put into place and properly documented to make sure that lifetime decisions such as health decisions, personal financial decisions, and end-of-life determinations can be made by your partner if not married, or by any person you chose. In the absence of estate planning, things may not be carried out as you would want them to be or by the people you would have selected had you taken the time to put a plan in place.

The non-traditional family should consider cohabitation agreements, prenuptial agreements, custodial agreements (if recognizable in your home state), as well as formal estate planning in order to protect themselves and their families in the event of a breakup, divorce, dissolution of a household, or death.

 

Seeking Answers

It can be difficult for partners or single parents to protect their rights as a family. There is no definitive answer to these challenges with custody and parenting arrangements. Many of the outcomes are fact driven and left to the discretion of a court when agreements cannot be reached by the parents or caregivers. When relationships break down, parties are less likely to be able to put the best interests of the children at the forefront in order to reach an agreement.

Does a non-married person who has raised a non-biological child automatically have parenting rights? Are they financially responsible for the child(ren)? Do grandparents who have been a caretakers to a grandchild get visitation if the child returns to the care of the biological parent? The answers are not as clear and obvious as you would think or hope they would be when considering the relationships that may have existed between children and caretakers of any kind.

The law, again, is fact-specific and gives great discretion to the courts in reaching a decision when parties cannot resolve these issues among themselves. Thus, while many partners find informal custodial arrangements and other systems work well for them, the majority face issues when problems arise.

Frequently, mainstream advice is given with traditional families in mind, which undoubtedly creates confusion for unconventional arrangements. All family units of any structure, but especially for certain non-traditional families, should consult knowledgeable family-law attorneys and financial professionals to develop the plans that best meet the unique needs of their chosen life.

 

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]

The Case for a Receiver

By Contributor
Law Special Coverage

Such a Move Could Bring Order to Cannabis Control Commission

By Scott Foster, Esq. and Johannah Huynh

For business and civic leaders in Springfield, the appointment in 2004 of the Springfield Control Board remains a watershed moment in the city’s fiscal history.

Regardless of how one felt about the city being plunged into receivership by the Legislature through the appointment of the Control Board, the results were unmistakable, as the city went from having an annual budget deficit of $41 million in 2004 to having cash reserves of $34.5 million when the Control Board was disbanded in 2009. Springfield has continued to enjoy the fruits of the newfound fiscal responsibility with an ever-increasing bond rating since 2009.

Bruce Stebbins, a longtime resident of Western Mass., but then a recent resident, was elected to Springfield’s City Council in the midst of the Control Board’s tenure and had a ringside seat to the Control Board’s temporary reign over the city. He continued to serve on the council through the end of the Control Board and then became become Springfield’s Business Development administrator, reporting to the city’s chief Development officer.

Scott Foster

Scott Foster

Johannah Huynh

Johannah Huynh

Stebbins’ experience engaging with the Control Board and helping bring the city to financial stability may prove immensely valuable if the Massachusetts Office of the Inspector General (OIG), the top watchdog agency in Massachusetts responsible for preventing fraud and waste and abuse of public funds, get its wish.

In a recent six-page letter addressed to the Commonwealth’s top elected officials, the OIG strongly urged the Massachusetts Legislature to immediately appoint a receiver to run the day-to-day operations of the Cannabis Control Commission (CCC) while the Legislature concurrently reviews the CCC’s statutory governance structure.

Over the past two years, the CCC has been plagued by internal turmoil, which the OIG suggested is partially a result of the CCC’s enabling statute failing to clearly define or delineate the duties and responsibilities of the leadership hierarchy. The OIG’s recommendations for the Legislature to overhaul the governance structure seek to address the root of the CCC’s problems.

“Not only might the temporary appointment of a receiver allow the Legislature to resolve the CCC’s governance structure, but it could also better promote the efficiency of a regulatory body, which would be a welcome development for the hundreds of businesses that rely on the CCC’s oversight.”

Since the enabling statute is, according to the OIG, “unclear and self-contradictory with minimal guidance on the authority and differing responsibilities of the CCC’s commissioners and staff,” it’s surprising that the CCC has been able to oversee $322 million in tax and non-tax revenue in the most recent fiscal year.

The OIG was also concerned that, despite spending $160,000 on mediation services since May 2022 to draft a governance charter, the commissioners have yet to release meeting minutes relating to the discussion of the charter, publicly release a draft charter, approve the new charter, or even provide assurance that the mediation process is complete. Even if a governance charter were adopted, the OIG emphasized, such a charter would not have the force of law — only binding the CCC to the extent the commissioners agree.

 

Internal Strife

Acting CCC Chair Ava Callender Concepion has pushed back on the call for a receivership by citing the commission’s recently proposed blueprint of a governance structure in its final stages of legal review subject to a public meeting.

The ongoing lack of an official chair of the CCC was also cited by the OIG as an area of concern. Amidst the suspension of CCC Chair Shannon O’Brien by the treasurer since Sept. 14, 2023, the commissioners have disagreed on who held the appropriate authority to appoint Callender Concepcion to the role of acting chair. Just last month, the CCC voted to relieve the acting executive director, Debbie Hilton-Creek, of her day-to-day responsibilities, leaving the CCC without a duly appointed leader to oversee the operations of the agency.

Even in the absence of clarity on who has authority to do what, the OIG notes that compliance with the Open Meeting Law, which prohibits two or more commissioners from discussing matters outside of a publicly posted meeting, is simply impractical with respect to a large state agency overseeing day-to-day operations.

With such decentralization of management and ambiguous authority at the CCC, the OIG has stressed the urgency of appointing a receiver with the authority to manage the day-to-day operations of the CCC. Specifically, the OIG recommended that the receiver should be expressly authorized to both carry out the daily administrative functions of the CCC and carry out said functions notwithstanding any assertion of by the chair, acting chair, or commissioners under Chapter 76.

If the Legislature were to heed the OIG’s findings, the appointed receiver would have unchallenged authority to carry out the CCC’s administrative operations until the Legislature has resolved the CCC’s governing structure.

In this context, for an agency responsible for bringing in approximately $322 million in tax and non-tax revenue in FY 2023 alone, a receiver that was statutorily authorized to do what the CCC cannot, per the OIG, would be in the best interests of the cannabis industry, its consumers, and ultimately the constituents.

Not only might the temporary appointment of a receiver allow the Legislature to resolve the CCC’s governance structure, but it could also better promote the efficiency of a regulatory body, which would be a welcome development for the hundreds of businesses that rely on the CCC’s oversight.

 

Scott Foster is a partner at Bulkley Richardson in Springfield, and Johannah Huynh is a summer associate at the firm.

A New World of HR Leadership

By Contributor
Opinion

Opinion

By Allison Ebner

Over the past several decades, the human-resources position has slowly evolved from a very tactical and compliance-heavy role to a more holistic and thoughtful voice that helps lift an organization to bigger heights.

That slow pace of evolution has had a few Red Bull energy drinks recently and is now moving at the speed of light, threatening to leave behind HR professionals who are not moving to gain new competencies and tools.

The ‘new world of work’ is comprised of a complex ecosystem of operations, technology, and integration of human capital. In short, this symphony sounds perfectly harmonized only if all parts of the orchestra are playing the right notes. Like the meteoric rise in AI technology, the skills we must bring to our organization as the people professionals have taken a giant leap forward.

So, what are these new competencies that HR professionals need to bring to the table today? Let me quote my colleague, Kim Dunn for the simple definition first: “business first, people always.”

Business Acumen: Do you know the financial picture of your entire organization? Can you read a P&L or balance a full budget? Do you follow your industry trade publications or attend events to become more educated? Travel with your sales teams to talk with your customers and clients? It’s only when you have a full understanding of your business operations that you can effectively create a talent plan to support it.

Data Literacy: Does your current HR technology support the needs of your organization? Are you maximizing the tech that you have now? Reporting and metrics tied to your people operations are critical components of your strategic plans and initiatives.

Problem Solving and Critical Thinking: Ready to get uncomfortable? Figure out how to build relationships with people you don’t really like. Why? They probably think differently than you do. And that means they have a perspective that you don’t. As HR people leaders, we need to be able to clearly evaluate all sides of an issue or problem, and we can’t do that in a vacuum. By the way, this also includes building and flexing your negotiation skills.

Creating People-centric Cultures: This one feels closest to home for most HR professionals. But we need to expand our skills around helping our employees build resilience and understand that change and uncertainty are here to stay. They’re part of our daily lives now, and we need to learn to function in a world of VUCA — volatility, uncertainty, complexity, and ambiguity.

Organizational Transformation: This includes skills like refreshing your employer brand for talent development, updating your EVP (employee value proposition), and rebuilding your performance management system — big initiatives that put you at the center of the strategic table in your organization.

You may be feeling very comfortable with some of these competencies and less confident in others. That’s OK. Conduct an honest assessment of where you need to focus your attention and find resources that can help you build those skills.

EANE is here to help you with that initiative. Our HRYOUniversity programs are designed to help you be a well-rounded HR professional with all the talents you need to take your career to the next level. For a discussion about building your own learning pathway, contact me, and I’ll be happy to send you our self-assessment form and a few other resources to get you started.

 

Allison Ebner is president of the Employers Assoc. of the Northeast. This article first appeared on the EANE blog; eane.org

Report Calls for More State Investment in Regional Transportation

By Contributor
Features Travel and Tourism

Funding Drive

Regional public transit plays a vital role in communities across Massachusetts, but the current funding approach is fragmented, unfair to those living in rural areas, and unable to fully meet the needs of residents statewide, according to a report released by the Health Foundation of Central Massachusetts and the Quaboag Connector.

Research support was provided by the Center for State Policy Analysis at Tufts University, which examined the operational funding landscape for regional transportation providers, including the “patchwork” of 15 regional transit authorities (RTAs) that offer fixed-route and on-demand bus and shuttle service to millions of residents living outside of Greater Boston, which is served by the Massachusetts Bay Transportation Authority (MBTA).

Regional public transit connects people to jobs, healthcare, education and many other daily activities and is a lifeline to those who cannot afford a car, choose not to own one, or cannot drive.

“Where residents live in Massachusetts should not determine their mobility or access to opportunity.”

The report found that the funding mechanism for RTAs lacks transparency, is overly reliant on local contributions relative to the MBTA, and does not adequately account for issues of regional, rural, or economic equity. It argues that a sustainable funding model is necessary to improve the efficacy and fairness of the transit system as a whole and to fill gaps in the current system.

“We must do more to eliminate transportation deserts and to ensure that urban and rural regions alike have access to public transit, not only within each region, but across a more connected system across the state,” said Dr. Amie Shei, president and CEO of the Health Foundation of Central Massachusetts. “Transportation is a public good, and we must invest in it today so we can achieve the Commonwealth’s climate, economic-development, health, and housing goals of tomorrow.”

RTAs are more reliant on local contributions from the communities they serve than the MBTA system — about 20% versus just 8% to cover operating expenses. Setting aside any federal dollars, the gap is even wider, with 32% of the RTA system funded by local contributions versus 12% of the MBTA. In rural parts of the state, where the tax base is limited, these contributions amount to a significant financial burden for local municipalities and taxpayers.

The study was commissioned by the Quaboag Connector, a micro-transit initiative serving 10 rural communities west of Worcester and funded through a Synergy Initiative grant from the Health Foundation of Central Massachusetts. The Quaboag Connector, led by the Quaboag Valley Community Development Corp. and the town of Ware, has provided more than 66,000 rides over the past several years, serving as a lifeline for local residents.

“Where residents live in Massachusetts should not determine their mobility or access to opportunity,” said Melissa Fales, executive director of the Quaboag Valley Community Development Corp. “This report underscores the critical need to incentivize connectivity across RTA service areas, particularly in rural areas, and to identify dedicated funding streams to support independent micro-transit efforts that are working to fill gaps across the Commonwealth.”

Advocates for transportation equity have called for increased state funding to support RTA operating expenses. “Providing accessible, affordable transportation to rural communities can have transformative impacts on community health, but there is currently no funding mechanism that incentivizes large-scale development of these programs or supports them sustainably in the long run,” said Jen Healy, Quaboag Connector program manager.

The report notes that, in addition to more funding, which should be based on publicly shared principles and stable funding over time, the distribution of funding across the RTA network should be reassessed, along with the incentives to expand service by RTAs or independent transit providers to underserved populations.

“Given how important regional transit is for mobility and economic opportunity around the state, there’s tremendous value in thinking about how best to support RTAs and other innovative players,” said Evan Horowitz, executive director of the Center for State Policy Analysis.  “The funding-by-inertia process we’ve got really isn’t up to the task.”

The report, titled “Regional Transit in Massachusetts: Where We Are and Where We Need to Go,” is available online at www.rideconnector.org/report.

“This report highlights the need for sustainable funding for regional transit and robust, coordinated planning to better provide transportation options for residents, particularly in rural areas,” said Pete Wilson, senior policy director of Transportation for Massachusetts, a statewide coalition focused on improving the Commonwealth’s transportation systems.  “Implementing the recommendations of this report will increase regional equity and sustainability for access to public transportation for all residents.”

 

How to Qualify and Comply with Massachusetts Requirements

By Contributor
Workforce Development

Certified Diverse Businesses

By Julie A. Dialessi-Lafley, Esq. and Britaney N. Guzman-Bailey, Esq.

It is no secret that running a profitable business can be difficult. It can be even more difficult, however, for women, minorities, veterans, persons with disabilities, and members of the LGBTQ+ community, who often face systemic obstacles to achieving sustainable economic status for their businesses.

Julie Dialessi-Lafley

Julie Dialessi-Lafley

Massachusetts has created various public programs for certain diverse business enterprises to address this issue, such as the state’s certification program through the Supplier Diversity Office (SDO).

The SDO currently certifies the following business categories: Minority (MBE), Women (WBE), Portuguese (PBE), and Veteran (VBE). The SDO also has agreements with third-party organizations to certify additional business categories: Service-disabled Veteran (SDVOBE), Lesbian, Gay, Bisexual, and Transgender (LGBTBE), and Disability-owned (DOBE).

The qualifications and requirements for each are easily found on the Commonwealth’s website. For a quick list, an interested business may review the SDO certification program at www.mass.gov/certification-program-for-sdo.

In addition to certifying businesses, the SDO also provides certified diverse businesses with networking opportunities to market their goods and services to potential buyers. The SDO certification may give business enterprises a competitive edge when seeking contracts with the government because the SDO sets benchmark spending goals for state-agency buyers to purchase goods and services from certified business.

Additionally, applica nts enjoy the marketing benefit of being listed in the SDO’s directory of certified businesses. A complete list of SDO-certified businesses can be found again at the Commonwealth’s website.

For certification, a business entity must be both owned and controlled by eligible persons and or principals, be free of any conversion rights, be independent, and be ongoing. An eligible person is an adult permanent resident of the U.S. who is a minority, veteran, person of Portuguese origin, LGBT individual, person with a disability, and/or a woman. An eligible principal must own at least 51% of the business enterprise or, if a nonprofit organization, must be in control of the organization.

Clarification of the categories is helpful and may result in being eligible based on more than one criteria. For example, in order to qualify as a minority, one is defined as an Indian or Indigenous, Asian, Black, Hispanic, or Portuguese person.

 

Careful Consideration

The Commonwealth looks carefully at all requirements. In order to meet the requirement of being free from conversion rights, neither the applicant nor the eligible principals may be subject to a scheme that, if exercised, could result in diluting the ownership of the eligible principals below 51% or cause the entity to not be independent or not controlled by eligible principals.

Under the independence requirement, the applicant cannot be dependent or affiliated with, or influenced by, legally or in practice, any other business enterprise or organization regarding its day-to-day or long-term affairs. The applicant cannot rely on or regularly utilize employees or workforce who, while performing work for the applicant, are in the course of employment with or under the direct control of another person or business entity other than the applicant. The SDO will deem an applicant not independent if the applicant presents insufficient evidence of having the capability to perform, with its own workforce, equipment, and facilities, the work it contracts to perform.

As to the ongoing requirement, the applicant must show that it was not formed for the of taking advantage of the certification program. Reorganization and/or ownership changes that subsequently render an applicant eligible for the SDO certification that occurred within the 12 months prior to application will create a rebuttable presumption that the changes were made to take advantage of the program. In order to rebut the presumption, the applicant must show that it has available resources that are appropriate for a business of its type and that it actively seeks out contracts for services. Essentially, demonstrating ongoing business and having financial resources will demonstrate the legitimacy of the business seeking certification.

Part of the application process includes attendance at a mandatory, two-hour workshop before applying for the SDO certification. It is only after attending the workshop that an applicant may gain access to the application portal. The certification process may take up to 60 days following the submission of an application.

In order to determine if a business may qualify before undergoing the rigor of the workshop and application process, the SDO offers a self-assessment tool for anyone unsure if their business may qualify for a SDO certification. The assessment can be found at www.mass.gov/forms/take-the-certification-self-assessment.

SDO certification typically lasts for three years, at which point the certification will automatically expire. Companies are removed from the SDO directory after expiration unless certification is renewed in a timely manner.

If there have been no material changes regarding the business, the applicant should submit a renewal affidavit attesting to the same and comply with any requests for information from the SDO certification specialist. Changes in ownership, control, or independence are some of the circumstances identified as a material change; naturally, if there have been material changes, the applicant must notify the SDO. The applicant has within 30 days of the change to notify the SDO or risk decertification.

 

Opportunity Knocks

As of June 5, 1,924 Massachusetts businesses are registered as WBE, 1,442 MBE, 576 DBE, 111 VBE, 74 SDVOBE, 60 PBE, 44 LGBTBE, and 20 DOBE.

Of these registered businesses, 154 of them are nonprofits, and the major business industries include service, construction, goods, technology, transportation, and manufacturing. Although 3,050 Massachusetts businesses are certified, only 223 of those businesses are registered from Hampden County, 69 from Hampshire County, 52 from Berkshire County, and 16 from Franklin County.

There is a lot of opportunity for a registered business, and the numbers indicate there are numerous businesses in the local footprint that would likely qualify but have not registered yet. In addition to the publicity around the certification, the certification also provides the business access to exclusive contracts and subcontract opportunities to help its bottom line. Clearly, well-positioned businesses and entrepreneurs understand getting an edge on the competition may help secure their foothold in the marketplace, and being a certified diverse business in the Commonwealth may be one such way to stand out.

Becoming a certified diverse business may also result in new networking and marketing opportunities and expanded opportunities to contract with the Commonwealth of Massachusetts. As the requirements for certification may differ based on the location of the business and business type, it is important that you obtain legal advice for your business on its potential eligibility and to assist through the certification and/or recertification process.

 

Julie Dialessi-Lafley is a shareholder and Britaney Guzman-Bailey is an associate at Bacon Wilson, P.C.

Small Businesses Can Gain Big with Outsourced Accounting

By Contributor
Accounting and Tax Planning

Thinking Outside the Firm

By John Trusler, CPA

 

Small-business owners often wear many hats, juggling various roles across their operations. But let’s face it: doing it all is not feasible in the long term.

One often-overlooked yet game-changing tool is outsourced accounting. Outsourcing your business’s accounting function provides considerable benefits beyond number crunching. It allows owners to devote more time and resources to core business functions like strategic growth and nurturing customer relationships, which are crucial for long-term success. Continue reading to explore more ways small businesses can thrive through outsourced accounting.

“Outsourcing your business’s accounting function provides considerable benefits beyond number crunching. It allows owners to devote more time and resources to core business functions like strategic growth and nurturing customer relationships, which are crucial for long-term success.”

 

Scalable Solutions for Growing Businesses

As your business grows, its financial needs become more complex. Outsourced accounting services can seamlessly adjust to the size and needs of your organization. This scalability ensures that, as your operations grow, your financial oversight and capabilities expand alongside them, eliminating the need to hire additional in-house staff.

Additionally, outsourced accounting teams help streamline your annual tax preparation and compliance processes. It also offers comprehensive advisory services, including forecasting, IT support, and HR services.

 

Expertise and Professional Oversight

An outsourced accounting team provides businesses with the expertise of certified public accountants (CPAs) who have both private and public experience and a background working with multiple clientele within your industry. These experts deliver insight into financial reporting, automating transaction recording and account reconciliations, plus strategic planning often unattainable for small businesses.

Also, with in-house accounting staff, turnover can be a significant disruption. Outsourcing your team ensures continuity, mitigating the impact of such transitions.

 

Cloud-based Advantage

Outsourced accounting offers businesses a cloud-based advantage that enhances efficiency and transparency. Cloud-based technologies enable companies to access their financial records anytime, allowing for real-time, informed decision making. This approach enhances internal controls by improving bill-payment approval functions and overseeing the account reconciliation processes.

 

Conclusion

Outsourced accounting is much more than a cost-saving measure for small businesses. It’s a strategic choice that brings expertise, efficiency, technological advancement, and focused business growth.

By embracing outsourced accounting, small businesses can streamline their financial processes and gain valuable insights and stability, allowing them to concentrate on what they do best: growing their business and nurturing their customer base.

 

John Trusler is a tax director in the Hartford, Conn. office of Whittlesey. He has more than 19 years of experience in public accounting and four years in the private sector serving as the chief financial officer for one of the largest multi-specialty, for-profit medical groups in the Northeast. He is a member of the American Institute of Certified Public Accountants and the Connecticut Society of Certified Public Accountants.

Creating a Drama-free Workplace

By Contributor
Opinion

Opinion

By Kim Dunn

 

Many organizations face the challenge of creating and keeping their workplaces free from conflict and drama. Although drama comes from many places and in many forms, the only sure way to rid your organization of it is to get to its true source.

Identifying the cause or source is where you get to put your detective skills to work. Digging down to the root of the problem starts with asking deep and meaningful questions to draw out what the true issues are that are creating the conflict. To do this, you will need to become an expert fact finder, which is often easier said than done. In many instances, there is not just one issue, but many, and the path to identifying what has created the tension or conflict between employees is murky and blurred with emotions.

It is interesting that there are some organizational cultures that seem to breed drama and others where there is rarely an issue. My research and experience with managing conflict in the workplace has reinforced that failing to address the following items will almost always lead to workplace drama.

• Inauthentic Leadership. A lack of authenticity creates a belief that management is hypocritical and that they only talk the talk, but do not walk the walk. In this environment, employees lose enthusiasm for their jobs, passion for what the company represents, and, most dangerously, they lose trust.

• Lack of Transparency. Misguided attempts at confidentiality can create the sense that everything is a secret. In the face of lacking information, employees will write their own story, which is almost always dangerous. Remember, employees usually know more than you think they know. Old-fashioned though it may sound, it pays to be open with as much information as possible.

• Not Addressing Bad Behavior. Many leaders hope drama will just go away if they ignore it. We know all too well that bad behavior never goes away on its own. The fact that the drama exists must be acknowledged and accepted so that action can be taken to address it. Inconsistency in dealing with conflict not only leads to the erosion of trust, but also increases the chance that it will return for a second act.

What all of these causes have in common is that they lead to a lack of trust in leadership. When employees do not trust and respect leadership, they will quickly become disengaged.

Drama can be created from many sources, and once you have identified the ‘what’ and the ‘why,’ you can begin to take the action necessary to repair the damage or at least stop the bleeding.

If drama is alive and well in your organization, do not wait to take action to uncover and address the issues that are creating or feeding it. Drama impacts the bottom line because it takes up time, and time costs organizations money. That alone is reason enough to make it a top leadership priority.

In taking the steps to address workplace drama, it is important to remember that not all drama is created intentionally. It can be driven by insecurity, fear, or other emotional issues that have not been identified and dealt with. In many organizations, drama is created because people simply do not have the skills to manage conflict. Not many of us wake up in the morning looking forward to managing conflict; however, not having the skills to deal with it can lead to disastrous and expensive drama-filled workplaces.

The culture that you and the leaders are creating and cultivating in your organization must be a priority. By modeling the behaviors of collaboration, support, and customer focus, you will create a foundation where destructive behaviors are quickly identified and corrected. You can even take it a step further and build these behaviors into your performance-management system, which will help reward the best and address the rest.

The one thing we know for sure is that if conflict, aka drama, is not dealt with quickly, thoroughly, and consistently, it will never go away.

 

Kim Dunn is a Strategic Human Resources consultant at the Employers Assoc. of the Northeast. This article first appeared on the EANE blog; eane.org

Mid-year Tax Planning

By Contributor
Accounting and Tax Planning Special Coverage

With Legislation Stalled, 2024 Sees Few Changes

By Kristina D. Houghton, CPA

 

After overwhelming approval by the House Ways and Means Committee on Jan. 19, the Tax Relief for American Families and Workers Act of 2024 was sent to the House under rules that would limit the ability to amend the text but would require approval by two-thirds of the chamber.

After a delay caused by a minor revolt of some GOP members who were trying to get an increase in the state and local tax deduction limit added to the bill as well as modifications of the child tax credit, an agreement was made to consider those in a separate bill in the near future, so the legislation passed by the House is the same version that was passed out of committee.

The bill provides for increases in the child tax credit, delays the requirement to deduct research and experimentation expenditures over a five-year period, reinstates the depreciation and amortization add-back through 2025 for purposes of calculating the business interest limitation, extends the 100% bonus depreciation through 2025, and increases the Code Sec. 179 deduction limitation, among other business-friendly provisions.

“Standard deduction amounts for 2024 have been inflation-adjusted and are higher than they were last year.”

Unfortunately, the Senate never addressed the bill. Due to the large number of provisions that are retroactively applicable to the 2023 tax year, and in some cases even earlier, the original hope was to get the bill passed before the start of the 2024 filing season. Since that deadline has passed, the goal is still to get the bill passed as soon as possible to minimize the administrative burdens on the IRS. There is no current date set for a Senate vote, and with this being an election year, the likelihood is slim.

As a result, planning for 2024 will not be much different than 2023, but let’s summarize the few changes, primarily inflation-related adjustments, effective for 2024. Pay attention to these changes because they can hurt or help your bottom line. Use this information now so you can hold on to more of your hard-earned money when it’s time to file your 2024 federal income tax return in early 2025.

 

Individual Tax Changes

Retirement Savings

Key dollar limits on workplace retirement plans and IRAs increase in 2024. The maximum 401(k) contribution is $23,000. People born before 1975 can contribute an extra $7,500. These limits also apply to 403(b) and 457 plans.

SIMPLEs have a $16,000 cap, plus $3,500 for individuals age 50 and older.

The 2024 contribution cap for traditional IRAs and Roth IRAs is $7,000, plus $1,000 as an additional catch-up contribution for individuals age 50 and older.

The income ceilings on Roth IRA pay-ins are higher for 2024. Contributions phase out at adjusted gross incomes of $230,000 to $240,000 for joint filers and $146,000 to $161,000 for single filers.

2024 deduction phaseouts for traditional IRAs range from adjusted gross incomes of $123,000 to $143,000 for joint filers covered by 401(k) plans and $77,000 to $87,000 for single filers and heads of household. If only one spouse is covered by the plan, the phaseout range for deducting pay-ins for the uncovered spouse is $230,000 to $240,000.

 

Adoption Tax Credit

The adoption credit is taken on up to $16,810 of qualified expenses in 2024. The full credit is available for a special-needs adoption even if it costs less. The credit phases out for filers with modified AGIs over $252,150 and ends at $292,150.

 

Standard Deduction

Standard deduction amounts for 2024 have been inflation-adjusted and are higher than they were last year.

The income-tax brackets for individuals are much wider for 2024 because of inflation during the 2023 fiscal year. Tax rates are unchanged.

 

Capital Gains and Qualified Dividends

The favorable tax rates on long-term capital gains and qualified dividends do not change. But the income thresholds to qualify for the various rates go up for 2024. The 0% tax rate applies at taxable incomes up to $94,050 for joint filers, $63,000 for heads of household, and $47,025 for single filers. The 20% tax rate starts at $583,751 for joint filers, $551,351 for heads of household, and $518,901 for single filers. The 15% tax rate is for filers with taxable incomes between the 0% and 20% break point.

The annual gift tax exclusion for 2024 is $18,000 per donee. That means in 2024, you can gift up to $18,000 ($36,000 if your spouse agrees) to each child, grandchild, or any other person without having to file a gift-tax return or tap your lifetime estate and gift tax exemption. Annual gifts over the exclusion amount will trigger filing of a gift tax return for 2024, but no gift tax will be due unless your total lifetime gifts exceed $13,610,000.

 

Business Tax Changes

Depreciation

First-year bonus depreciation isn’t as valuable in 2024. Last year, businesses could deduct 80% of the cost of new and used qualifying business assets with lives of 20 years or less. This year, the 80% writeoff decreases to 60%.

However, Section 179 expensing is higher. $1,220,000 of assets can be expensed in 2024. This limit phases out dollar for dollar once more than $3,050,000 of assets are put into use in 2024.

Note that the amount of business assets expensed can’t exceed the business’s taxable income. Bonus depreciation doesn’t have this rule.

 

Pass-through Income

A key dollar threshold on the 20% deduction for pass-through income rises in 2024. Self-employed individuals and owners of LLCs, S-corporations and other pass-throughs can deduct 20% of their qualified business income, subject to limitations for individuals with taxable incomes of more than $383,900 for joint filers and $191,950 for all others.

 

Conclusion

It is difficult to do tax planning in anticipation of what might happen in Washington, especially with this being an election year and the great divide on tax policy between the parties. Maybe the best planning would be to plan for possible tax changes in 2025 depending not only on the party that wins the presidential election, but also on the mark-up of the House and the Senate.

It could well be time to accelerate gifting, accelerate income, and postpone deductions. Perhaps with optimism, you can imagine that those postponed R&D and interest deductions will give you a deduction at a higher tax rate, and maybe this can lessen the pain of accepting possible increased tax rates.

Finally, remember that this article is intended to serve only as a general guideline. Your personal circumstances will likely require careful examination and should be discussed with your tax adviser.

 

Kristina D. Houghton, CPA is a partner at the Holyoke-based accounting firm Meyers Brothers Kalicka, P.C.

Eversource Offers Advice for Working Around Electricity

By Contributor
Building Trades

Safety First

 

As the weather warms up and people spend more time outside getting their yards and homes ready for the summer, it’s important to keep safety in mind before taking on that next project, especially when dealing with electricity. Eversource is reminding customers that working around electric lines or equipment can be dangerous or even fatal if proper precautions aren’t taken.

“Safety is something we think about every day; it’s part of our daily workflow and is ingrained in all that we do,” Eversource Vice President of Safety Ken Bogler said. “Our crews work around electric equipment in all kinds of weather conditions and receive extensive training to make sure any repair, upgrade, or maintenance work is done as safely as possible. We want to make sure our customers are armed with the information they need so they can remain vigilant and take the necessary precautions when around electric equipment.”

“We want to make sure our customers are armed with the information they need so they can remain vigilant and take the necessary precautions when around electric equipment.”

Customers should always assume power lines are live. Anyone planning to work outside with ladders or power tools should know exactly where electric equipment is located, know what it’s touching, and have a plan to avoid it. Even a quick brush against an energized wire can cause serious harm.

Eversource encourages all customers to keep these additional safety tips in mind throughout the year:

 

Outdoor Safety Tips

• Don’t touch anything or anyone that’s touching a downed wire.

• Stay as far away as possible from downed wires and fallen trees that could have wires caught in them. Broken power equipment can feed electricity directly into the ground, charging the ground.

• For anyone in an accident with a car or other vehicle near a downed power line, stay in the vehicle until an Eversource worker or first responder says it’s safe to exit.

• Call before you dig. Call 811 or (888) 344-7233 at least three days prior to digging so that utilities can mark underground wires, cables, and pipelines.

• Keep kites, Mylar party balloons, model planes, and drones far away from power lines.

• Always store electrical equipment indoors and never use corded power tools in wet or damp conditions.

 

Indoor Safety Tips

• Avoid touching any bare wires, faulty appliances, or electrical outlets; always assume a wire or electrical appliance is energized.

• Cover unused wall outlets with plastic safety caps to protect small children and pets; consider installing tamper-resistant receptacles if your outlets do not currently have them to prevent foreign objects, other than electrical plugs, from being inserted into the outlet.

• Never overload outlets by using multiple adapters or power strips as this can cause overheating and fire.

• Regularly check wires and extension cords for signs of wear and replace those that are frayed or cracked.

• Keep an all-purpose fire extinguisher on every floor of a home; never attempt to put out an electrical fire with water.

• Install outlets with a ground fault circuit interrupter in rooms where water and moisture are present.

• Unplug appliances while cleaning or repairing them.

 

HCC, I Found Light Against All Odds Partner to Help Women at Risk

By Contributor
Education

Giving a Hand Up

 

On April 30, representatives from Holyoke Community College and the Springfield-based nonprofit I Found Light Against All Odds agreed to work closely to increase educational and workforce training opportunities for young women at risk for homelessness. 

HCC President George Timmons and Stefan Davis, CEO, president, and founder of the Springfield-based I Found Light Against All Odds, met at the college to sign a memorandum of understanding outlining the terms of the agreement.  

I Found Light Against All Odds provides support services for young women to help address social and economic issues that can lead to poverty and homelessness. Specifically, by signing this memorandum, HCC and the foundation agree to broaden support services for area women, ages 18-20, to help them obtain safe housing and career opportunities through education and training. 

“This agreement is firmly in line with HCC’s mission and vision to remove barriers to student success, to break cycles of poverty, and provide opportunities for education and training that will allow more young women to be successful, earn a livable wage, and enjoy all that life has to offer,” Timmons said.

According to statistics cited in the memorandum of understanding, Hampden County has a poverty rate of 16.9%, which is higher than the national average of 11.5%. Meanwhile, the poverty rates in Springfield and Holyoke are even higher at 25.5% and 26%, respectively. 

“This agreement is firmly in line with HCC’s mission and vision to remove barriers to student success, to break cycles of poverty, and provide opportunities for education and training that will allow more young women to be successful, earn a livable wage, and enjoy all that life has to offer.”

“At the same time, research shows that many community-college students in Massachusetts experience hunger and/or homelessness, as well as other types of basic needs insecurity that can serve as barriers to degree completion and thereby limit economic sustainability and mobility,” the memorandum states.

Davis thanked Timmons and HCC faculty for the partnership. “We look forward to working with you and your staff to help these young women that are in darkness, searching for light and education. These women have dealt with a lot of trauma throughout their lives and are looking for ways to end the cycle of poverty. This collaboration proves that we care about them and that they have our support.”

Through the agreement, the foundation is looking to connect with HCC’s existing academic support services, such as admissions and financial-aid counseling, as well as career and transfer advising and more. 

“It’s a natural fit between an agency that works to support young women and a college, HCC, which is known for its wraparound support model,” said Jeff Hayden, HCC’s vice president of Business and Community Services.

Before the signing, Davis introduced a video about I Found Light Against All Odds that featured interviews from two of its consumers. One of them was Alisandra Pantoja from Springfield, who attended the April 30 event. 

Pantoja also stood beside Davis as he put pen to paper. She will be taking advantage of all the opportunities outlined in the agreement as a student at HCC starting in September, and plans to major in human services. “I like working with people,” she said.

Massachusetts Senate Proposes Free Community College for All

By Contributor
Education

Expanded Opportunity

 

On May 6, Senate leaders unveiled MassEducate, a proposal for tuition-free, universal community college for all Massachusetts residents, aimed at boosting the state’s workforce and expanding opportunity for students and families in every part of the Commonwealth.

The announcement was made during an event at Middlesex Community College in Lowell, where Senate President Karen Spilka, Senate Ways & Means Chair Michael Rodrigues, and Senate Higher Education Chair Jo Comerford gathered with members of the Senate, presidents of the Commonwealth’s 15 community colleges, business leaders, students, and advocates.

“Today, we shift conversations about college from ‘I wish’ to ‘I will’ for thousands of students and families in Massachusetts,” Spilka said. “We are investing in talent that is right here at home and opening the workforce floodgates to employers who are starved for graduates, so Massachusetts keeps the competitive edge that we pride ourselves in.”

MassEducate would invest $75.5 million in new spending to cover tuition and fees for all residents, as well as up to $1,200 for books, supplies, and other costs to students who make up to 125% of median income in the state. Pell-eligible students already eligible for a books stipend through state financial aid would also be eligible for a stipend for books, supplies, and costs of attendance, for a combined amount of up to $2,400 per year.

“Today, we shift conversations about college from ‘I wish’ to ‘I will’ for thousands of students and families in Massachusetts.”

“With the historic investments announced today, ushering in universally free community college and more, the Senate doubles down on our commitment to build back the power and promise of public higher education,” Comerford said. “The Senate investments will propel the Commonwealth forward toward greater social equity and greater economic competitiveness.”

The Senate’s plan, which will be included in the chamber’s FY 2025 budget, would continue to invest in programs created in the FY 2024 budget, including $18 million in free nursing programs at community colleges and $24 million in free community college for residents over age 25.

Students would be eligible for free tuition, fees, and the stipend in the fall 2025 semester if the proposal is included in the Commonwealth’s final FY 2025 budget.

To support students whose education paths can be jeopardized by unanticipated life events, Senate leaders announced the creation of the Student Persistence Fund, a $10 million investment that would go directly toward aiding community colleges and state universities in supporting low-income students with such costs that are shown to put someone’s chance of finishing school at risk, such as transportation, childcare, or food insecurity.

Understanding that retention and graduation is directly tied to support systems like advising and career planning, the Senate also proposed an $18.3 investment in the Supporting Urgent Community College Equity through Student Services (SUCCESS) program, which is designed for community colleges to invest in wraparound supports and services using models proven to strengthen outcomes for students facing systemic barriers, especially for colleges’ most underserved populations.

To ensure the long-term fiscal sustainability of the program, the Senate’s proposal would institute annual tuition-increase caps at community colleges set at an inflation index. And to hold community colleges accountable for producing positive outcomes, the proposal creates a working group to re-evaluate community-college performance funding, aimed at better aligning state funding with key metrics such as student success and workforce alignment.

Recognizing that many Massachusetts students opt directly for four-year universities, the budget makes a $105 million investment in the Massachusetts financial-assistance program MassGrant Plus, which keeps college costs low for students at all public colleges in the Commonwealth. This increased investment builds on recent investments that have allowed all Pell-eligible students in Massachusetts to go to a community college, state university, or UMass campus without paying tuition or fees.

The proposal additionally includes policy directives to study future paths to success for the Commonwealth’s students. It directs the Department of Higher Education to improve the credit transfer pathway between two- and four-year institutions so students can easily transfer to a public four-year institution. It also creates a new commission to evaluate current state financial assistance for students to attend state universities and UMass and evaluate ways to further ensure accessibility and affordability of an education at these institutions.

Research Probes Relationship Between Sleep, Memory in Infants

By Contributor
Technology

The Science of Naps

A UMass Amherst sleep scientist, funded with $6.7 million in grants from the National Institutes of Health (NIH), has launched two unprecedented studies that will track over time the brain development of infants and preschoolers to confirm the role of napping in early life and to identify the bioregulatory mechanisms involved.

Rebecca Spencer, a professor of Psychological and Brain Sciences who is well-known for her groundbreaking research into napping, is testing her theories about what’s happening in the hippocampus — the short-term-memory area of the brain — as babies and young children undergo nap transitions.

This new research is expected to become the gold standard of scientific evidence that emphasizes the importance of healthy sleep for young children as their brains develop. The findings will help inform nap policies for preschool and pre-kindergarten and be useful to teachers and parents of both neurotypical and neurodiverse children.

“The work we’ve been doing has always pointed to this interaction of sleep and brain development,” said Spencer, who carries out research in her Somneurolab at UMass Amherst. “We think that kids get ready to transition out of naps when the brain is big enough to hold all the information of the day until nighttime sleep.”

The study involving preschoolers is a collaboration between Spencer at UMass Amherst; Tracy Riggins, a developmental psychologist specializing in memory development at the University of Maryland (UMD); and Gregory Hancock, a UMD professor of Human Development and Quantitative Methodology. Previous research by Spencer and Riggins showed differences in the hippocampi of kids who nap compared to those who have transitioned out of naps.

“The work we’ve been doing has always pointed to this interaction of sleep and brain development. We think that kids get ready to transition out of naps when the brain is big enough to hold all the information of the day until nighttime sleep.”

“So far, we’ve used cross-sectional approaches,” said Spencer, referring to research that analyzes data at one point in time, as opposed to longitudinal studies that involve repeated observation over time. “We really need to show longitudinally within a child that the point when they transition out of naps is predicted by a transition in the development of their hippocampus.”

The hippocampus is the short-term location for memories before they move to the cortex for long-term storage. Naps allow children with an immature hippocampus to process memories. Young children give up their afternoon nap, not based on their age, but their brain development, Spencer hypothesized.

“Naps are beneficial to everybody. Naps protect memory for everybody, no matter what age. Kids who are habitual nappers really need the nap. If they don’t nap, they get catastrophic forgetting. That’s the difference between habitual and non-habitual nappers — not how good is the nap, but how bad is staying awake,” she explained.

Added Riggins, “in the end, being able to tell parents that those little deviations from routine that keep their children from napping might not have these huge implications for a neurotypical child in the long run would be great. And the more we know about how the brain works in a typically developing child during this nap transition, the more we will be able to know about where we could possibly intervene to help neurodiverse children — like children with autism and ADHD, whose sleep patterns tend to be disrupted — since we will have some sort of scientific basis.”

 

Go to Sleep

The research team is recruiting 180 children, ages 3 to 5. The researchers will track their brain development, memory performance, and nap status over the course of one year at three checkpoints. During the first and second sessions, the children will wear activity-tracking watches and EEG equipment to record naps and overnight sleep. They will also play memory games before and after naps. The children will undergo an MRI brain scan during the third session.

Monica and David Dumlao signed up their son Miles, 4, for the preschool study after watching the Netflix documentary series Babies, which features Spencer in the episode about sleep. “We like learning about the neuroscience behind brain development,” Monica Dumlao said at a recent study session in Spencer’s lab. “We thought this was a good opportunity to contribute to the science about the importance of naps.”

In the three-part infant study on nap transitions and memory, Spencer is studying the period before and after babies transition from two naps — one in the morning and one in the afternoon — to one, richer afternoon nap. She is recruiting 140 infants 7 to 9 months old. The babies will play a memory game before and after their naps. Their brain activity will be recorded during their naps using a non-invasive electrode cap. The sessions will take place at 9, 12, and 15 months.

“We think as they are getting ready to drop the morning nap, staying awake in that morning interval will be less and less damaging to their memory,” Spencer said. “But we don’t think that’s going to happen with the afternoon nap at this age. We think the afternoon nap stays superimportant.”

Fostering a Culture of Respect

By Contributor
Opinion

Opinion

By John Henderson

Let’s face it: we are living and working in a socially and politically divisive world that can have a negative impact on a company’s culture. So what can an organization do about this in order to create and sustain a culture of respect in their workplace?

It really comes down to courtesy — being polite and aware of other’s concerns and feelings, and practicing the good manners of saying “hello,” asking “how are you?” and actually waiting for the person to respond rather than continuing to walk by them.

We foster a culture of respect by appreciating everyone for their uniqueness and intrinsic worth as a person — what they bring to the team and organization. We realize that we must create a place where people can be their authentic self at work. We show that we value and support others. And the most important thing is that we accept people for who they are and what they do, but we don’t necessarily need to agree with their opinions or values.

The last one is where many organizations fall short by allowing people’s differences to get in the way of having a productive and positive environment where people feel valued and feel that they belong.

As in real estate, where the most important things are location, location, and location, the things that are most important to creating a respectful workplace are communication, communication, and communication. We must lead by example and communicate openly and constructively.

We must also have embedded in our culture the willingness to effectively address disrespectful behavior, not turn and walk away from it. When communicating, make sure it is clear, specific, and understood by the recipient by asking them to repeat back what they heard and what you agree upon. Most importantly, remember that our non-verbal communication is 70% of what is conveyed.

To foster a culture of respect does not have to be a difficult undertaking. Ensuring that the values and norms of the organization are understood by all is the first step, but living them is the next step that needs to be part of everyday life in your organization.

 

John Henderson is director of Learning and Development at the Employers Assoc. of the NorthEast. This article first appeared on the EANE blog; eane.org

Weight Loss, Miracle Medications, and the Workplace

By Contributor
Law

Gainful Employment

By Abby M. Warren, Esq. and Virginia E. McGarrity, Esq.

 

Whether you are picking up a well-respected periodical or a celebrity newsmagazine, you cannot avoid reading about semaglutide injection drugs — drugs used to control blood-sugar levels for individuals with type-2 diabetes and weight loss.

‘Ubiquitous’ is the only word to describe the news coverage of these ‘miracle medications.’ As news has spread about these medications, their use has expanded far outside of Hollywood to individuals across the country, ultimately leading to a reported shortage. So, what impact, if any, does weight, weight loss, or the spread of such medications have on the workplace?

 

Weighty Considerations

First, studies have long concluded that discrimination based on appearance, including weight, occurs in employment and other areas of life and that it may disproportionally impact a specific group or groups of individuals. Likely in response to such evidence, effective Nov. 26, 2023, New York City passed a law protecting individuals who live in, work in, or visit the city from discrimination based on their height or weight regarding employment, housing, and public accommodations.

While New York City may be an early adopter of such a law, there may be more jurisdictions that follow this trend. Further, on the federal level, the Equal Employment Opportunity Commission has long taken the position that height and weight are generally unacceptable pre-employment inquiries as they may disproportionately impact employees of different protected characteristics. In short, weight has always impacted the workplace, including workplace decisions.

Second, there may be harassment or workplace bullying related to appearance, including weight. Harassment, whether sexual or based on other protected characteristics, can involve comments or actions related to the physical body and appearance. The same is true of bullying and targeting in the workplace. In today’s climate, where millions of employees are being prescribed or taking weight-loss drugs, this may include employees asking questions of a co-worker who has lost weight, asking whether a co-worker is taking a weight-loss drug, making judgmental statements, stigmatizing such individuals, and similar behavior.

While harassment and bullying related to appearance may not be new, such treatment based on the perception that an employee may be taking a weight-loss drug could be a more recent area with which human resources must grapple.

Third, workplace culture may be impacted by the recent focus on weight and weight-loss medications, and the level of such impact may depend on several factors. For example, the employer’s geographic location, the industry, the overall focus on health and wellness in the workplace, and the employer’s commitment to inclusivity and belonging may all impact how weight and height will be viewed, including using such weight-loss medications.

In light of these workplace considerations and the attention that these weight-loss medications have received in recent months, a number of employers have opted to implement clinical lifestyle programs and personalized weight-loss management plans. The goal of these programs is to reduce the number of employees who might benefit from weight-loss medications like Wegovy.

To the extent employers have control over their healthcare coverage (fully insured plans are typically subject to state insurance laws and individual determinations made by insurance carriers), the decision of whether to cover these weight-loss medications is a challenging one. While these drugs have potential for long-term improvement in the health of employees and can drive future cost savings for the health plan, the cost of covering them today may not align with budget constraints and sustained increases in healthcare spending over the long term.

For example, the current list price of Wegovy is more than $1,300 per month, and most patients take it indefinitely to maintain their weight loss. North Carolina recently announced it would no longer cover Wegovy and other similar weight-loss medications for its employees, estimating that such continued coverage would cause premiums to double for all employees (not just those who are taking the medications). While it is difficult to determine how many private-employer health plans are covering these weight-loss medications, it does not appear that such coverage matches the rampant surge in popularity these medications have experienced in the past year.

 

Advice for Employers

At this juncture in history, where celebrities, media, and the American public are hyper-focused on weight, including weight-loss medications, what actions can employers consider?

First, it is essential to continue fostering a positive and inclusive work environment that extends to weight, height, body shape, and appearance. Trainings, policies, town halls and education, and other visible commitments to such inclusivity can all support such a culture.

Second, businesses should establish specific training of managers, supervisors, and individuals involved in recruiting and hiring about weight and height discrimination and bias (including studies that have demonstrated the existence of this bias), and how these employees can foster an inclusive work environment, and remove any relevant barriers that may exist.

Lastly, employers may wish to review their current culture, policies, and benefits to determine if the employer is supporting the health and well-being of employees and their health journeys, and whether there are potential areas of improvement.

 

Abby Warren and Virginia McGarrity are partners at Robinson+Cole in Hartford, Conn. Warren is a member of the firm’s Labor, Employment, Benefits, and Immigration Group, while McGarrity is a member of the Employee Benefits and Compensation Group.

MiraVista Expands with New Adult Inpatient Treatment Beds

By Contributor
Healthcare News

Meeting a Need

 

MiraVista Behavioral Health Center recently announced the expansion of its facilities with the opening of new adult inpatient treatment beds. These adult beds are in addition to the 16-bed adolescent unit which was recently renovated and now reopened.

The addition of these specialized beds reflects MiraVista’s ongoing commitment to meeting the growing demand for high-quality mental-healthcare services. With mental-health challenges on the rise globally, the Holyoke facility recognizes the importance of providing comprehensive and compassionate care to individuals with mental illness.

“We believe that everyone deserves access to effective treatment in a supportive environment, and these new beds will enable us to provide specialized care to more individuals in need.”

“Our decision to expand our inpatient treatment capacity underscores our dedication to serving our community and the Commonwealth and addressing the increasing need for mental-health services,” said Shelley Zimmerman, MiraVista’s hospital administrator. “We believe that everyone deserves access to effective treatment in a supportive environment, and these new beds will enable us to provide specialized care to more individuals in need.”

The new adult inpatient beds will offer a range of therapeutic interventions tailored to meet the unique needs of each patient. MiraVista’s multi-disciplinary team of experts, including psychiatrists, psychologists, social workers, and nurses, will work collaboratively to develop personalized treatment plans focused on promoting healing and recovery.

In addition to individualized therapy sessions, patients will have access to group therapy, medication management, recreational activities, educational workshops, and peer support, all designed to foster personal growth and empowerment. MiraVista’s holistic approach to treatment emphasizes wellness and resilience, empowering patients to achieve lasting positive change in their lives.

Direct admission without first being seen in an emergency department is a new process MiraVista introduced with the reopening of its adolescent unit.

 

Hope and Support

MiraVista also recognized May as Mental Health Awareness Month with a flag raising on May 9 and by illuminating its façade green.

“Green is used for the month to symbolize hope and support for individuals living with a mental illness,” said Kimberley Lee, chief of Creative Strategy and Development. “Our clinicians work across populations to help patients successfully manage their mental-health challenges and lead fulfilling lives in community.”

In conjunction with the Substance Abuse and Mental Health Services Administration’s (SAMHSA) observance of the month, Lee explained, MiraVista will highlight on its social media the diverse mental-health needs of various populations and encourage people to wear green.

“These 31 days are about advancing better understanding of mental health as a component of overall health and the importance of seeking evidence-based treatment for it when needed,” she said. “Whether someone is navigating personal challenges or extending empathy to others, this month holds significance for us all in showing support for mental healthcare.”

Lee said MiraVista will follow SAMHSA’s suggested weekly themes in highlighting the mental-health needs of older adults, children and teens, marginalized racial and ethnic groups, and those who identify as LGBTQIA+ and, as a result of bullying and discrimination, are at high risk for mental-health conditions.

“We are amplifying our efforts during May to destigmatize mental health, enhance understanding, and cultivate a supportive environment,” Lee said. “Promoting mental health and treatment for it benefits everyone — from the individual managing it to the family and friends who love them, to the community in which they live and contribute.”

Non-compete Agreements May Be in Jeopardy

By Contributor
Law Special Coverage

Challenging the Rule

By Trevor Brice, Esq.

 

On April 23, the Federal Trade Commission (FTC) issued a final rule banning non-competition agreements for all employees. While this action by the FTC was expected, there were many unanswered questions about the final impact of the non-compete rule in regard to existing non-compete agreements and its scope as applied to future non-compete agreements. These questions were answered under the final rule as promulgated.

 

Most Non-competition Agreements Banned

The FTC’s final rule banning all non-competition agreements is effective 120 days after its publication in the Federal Register. As of the effective date, all non-competition agreements are banned, with close to no exceptions, except for franchisor/franchisee relationships and for sales of a business between buyer and seller.

Independent contractors are also included under the umbrella of employees that would no longer be subject to non-competition agreements under the final rule. This would effectively mean that many employees in industries such as film, finance, and other professional services now have the right to switch between employers, which the FTC states “will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to the market.”

Trevor Brice

Trevor Brice

“The U.S. Chamber of Commerce has already vowed to block the rule, calling it ‘an unlawful power grab’ and arguing that the authority to govern non-competition agreements should be left to the states.”

However, and of note, the FTC does not have jurisdiction over nonprofit employers, so non-competition agreements are enforceable in this regard despite the FTC’s final rule.

 

Final Rule Retroactive as to Lower-wage Workers

In addition to prohibiting all non-competition agreements after the effective date of the final rule with limited exceptions, the FTC’s rule is retroactive, prohibiting certain non-competition agreements before the effective date of the rule as well.

Existing non-competition agreements can remain in effect as to senior executives, which are defined in the rule as employees in ‘policy-making positions’ making at least $151,164 per year. Existing non-competition agreements with employees who do not meet this definition are no longer enforceable per the final rule.

Despite the final rule, employers do not need to modify existing non-competition agreements by rescinding them. Employers do, however, need to notify their workers that the employer will not enforce non-competition agreements in the future. The FTC has included in its final rule model language for informing employees of this change, which can be communicated through email, text, or in paper format.

The final rule does not generally impact non-disclosure agreements or non-solicitation agreements unless they prohibit a worker from seeking or accepting work or operating a business. Employers should be aware that more restrictive state laws governing non-competition agreements remain in effect.

 

Challenges to Final Rule Looming

As of the announcement of the FTC’s final rule, challenges are already looming. The U.S. Chamber of Commerce has already vowed to block the rule, calling it “an unlawful power grab” and arguing that the authority to govern non-competition agreements should be left to the states.

The statement issued by the Chamber of Commerce goes on to note that, “since its inception over 100 years ago, the FTC has never been granted the constitutional and statutory authority to write its own competition rules. Non-compete agreements are either upheld or dismissed under well-established state laws governing their use.”

This announcement by the U.S. Chamber of Commerce will undoubtedly lead to other challenges through the court system. Indeed, a Dallas-based global tax-services and software provider has already filed suit against the Federal Trade Commission over the impact of the final rule.

The FTC, as the Chamber of Commerce rightly points out, has no authority to write its own competition rules. The FTC can, however, make rules if it goes through the proper rule-making process, including introducing proposed legislation and leaving it open to comment for a certain amount of time, which did occur here.

However, even following this process does not ensure that the rule will stand. The rule still remains open to court challenges from the Chamber of Commerce, individuals, or organizations affected by the rule or any other stakeholders within the final rule. This could mean that changes would be on the horizon for the rule, and possibly a narrowing of its already expansive application.

 

Takeaways

As noted, the FTC’s final rule is already being challenged through the court system, and a challenge from the Chamber of Commerce will most likely follow suit. Therefore, if an employer has existing non-competition agreements, the employer may not need to rescind them just yet.

Further, if employers are intending to enter into non-competition agreements that are reasonable and enforceable under existing state laws, other options, such as non-disclosure agreements and non-solicitation agreements, may have to be used, but it would be prudent to wait on further ruling from the existing challenges to the final rule.

In the meantime, consultation with an attorney will aid in navigating the changing landscape of non-competition agreements.

 

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 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.

MHA Launches New Community Support Program

By Contributor
Health Care Special Coverage

Toward Their Best Life

 

The Mental Health Assoc. (MHA) recently announced the launch of its new community support program (CSP), which is part of its BestLife Clinic.

The program aims to help individuals who are facing social, economic, and environmental factors that significantly impact their ability to access healthcare and live independently. CSP is a mobile, short-term (three to six months), intensive case-management service that helps clients who are dealing with unemployment, food insufficiency, transportation, and housing issues.

CSP services are available to individuals who have been diagnosed with a mental-health, substance-use, or co-occurring disorder. To qualify for these services, individuals must have had either a psychiatric hospitalization discharge within the past six months, multiple emergency-room visits within the past 90 days, or documented barriers to accessing and consistently utilizing essential medical and behavioral-health services. Clients must be at least 18 years old and actively enrolled in therapy, and they must be residents of Hampshire or Hampden county and not receiving other case-management services.

“The services they provide allow for our clinicians, recovery coaches, and medication prescribers to focus on their main tasks of providing therapy, peer support, and treatment, while they also serve as another set of eyes helping to monitor our participants’ needs and overall well-being.”

“Community support programs are very important for our participants as well as for our other service providers, such as clinicians, recovery coaches, and medication prescribers,” said René Piñero, vice president of Behavioral Health and Clinical Operations. “The services they provide allow for our clinicians, recovery coaches, and medication prescribers to focus on their main tasks of providing therapy, peer support, and treatment, while they also serve as another set of eyes helping to monitor our participants’ needs and overall well-being.”

Clients who qualify will work with MHA’s behavioral-health case managers to improve their overall lives by developing their daily living skills and helping them access critical resources such as benefits, housing, and healthcare. Clients will also receive assistance with accessing recovery-oriented peer-support groups and temporary assistance with transportation to essential medical and behavioral health appointments.

CSP services are available via community outreach, telehealth, and in-person. MHA accepts referrals through its Central Intake Department and accepts MassHealth and some insurances. To get in touch, call (844) 642-9355 or email the BestLife Clinic at [email protected].

MHA provides access to therapies for emotional health and wellness; services for substance use recovery, developmental disabilities, and acquired brain injury; services for housing and residential programming; and more. Its goal is to provide person-driven programming to foster independence, community engagement, wellness, and recovery.