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Coronavirus Sections Special Coverage

The New Math

By George O’Brien

Julie Quink noted that, at her accounting firm — as well as most others — it is tradition to have a large party on April 15, the tax-filing deadline, or perhaps the 16th.

These are celebrations of hard work well done, she told BusinessWest, adding that staff members who have been under a great deal of stress and working long hours and long weeks can take a deep breath and relax, knowing that the worst is over for another year.

This April 15, there was no party at Burkhart Pizzanelli, the firm she serves as managing partner, or at most other firms. And it’s not just because the filing deadline has been extended to July 15 by both the state and federal governments.

It’s because there is still a great deal of stress, and the long hours continue as accounting firms play a huge role in trying to help their clients get to the other side of the COVID-19 pandemic.

“On a personal level, I’ve probably never worked as hard in my entire career as I have this year,” she noted. “I’ve put in many more hours than I have other years, and I know others have as well.”

Quink was one of several area accounting-firm executives to speak with BusinessWest as part of the latest in a series of virtual roundtable discussions concerning COVID-19. Those at the ‘table’ said these are, quite obviously, different times for accountants. While some of the work hasn’t changed, like all those tax returns, some of it has, including efforts to help clients of all sizes and in virtually every sector file for disaster relief (especially through the Small Business Administration’s Paycheck Protection Program), and — now that the money has started coming in — properly manage those funds so that the loans granted are forgivable.

But the work goes well beyond helping clients fill out the necessary paperwork, said Steve Erickson, CPA, partner in charge of Whittlesey’s Holyoke office. He said clients need to carefully manage cash flow, and they also need plans for the short and long term as they address life during — and after — this pandemic, and his firm, like others, has stepped in to assist with this often-difficult work.

“The biggest concern we see is cash flow and advising clients on what’s coming down the pike and making good long-term plans for whatever they’re doing,” he told BusinessWest. “And each one of them is unique; I can’t say that there’s one that’s very similar to the other.”

Meanwhile, the manner in which work is being done is obviously changing as well. Many of those we spoke with are working at home — some or all of the time — while discussions with clients and co-workers are now done mostly by phone, e-mail, or Zoom. And since accountants are working with clients’ sensitive financial information while at home, proper protocols and security measures have been added.

There are lessons being learned. Summing up the comments offered, it seems that those in accounting work much more efficiently — and certainly communicate much better — when they’re together in the same office, sharing ideas and collaborating. As for clients … the remote meetings have worked well, for the most part, and they may be the preferred method moving forward.

“From a positive standpoint, this has shined a bit of a light on our firm as far as our processes, our policies, how we can do things better, and what we should be looking to do better, said Patrick Leary, CPA, a partner with Springfield-based MP CPAs. “Hopefully, we’re going to learn from this and everyone else will learn from this and make themselves a stronger firm.”

Overall, this has been, and will continue to be, an intriguing, challenging, and in most all ways rewarding time for accountants, said those at the virtual table. Clients are calling them — and leaning on them for help — like never before, and as a result, relationships are being strengthened, and new ones are being formed.

Jim Barrett, managing partner at Holyoke-based Meyers Brothers Kalicka, said that, for some time, his firm — and most all firms, for that matter — have been working to broaden the umbrella of services to clients and develop relationships that are more advisory and consultative in nature.

The pandemic has in some ways forced the issue.

“This crisis has spurred us to do more consultative and advisory work with clients, not only with navigating the stimulus package, but also navigating any changes in their business, be it with employees or costs,” Barrett explained, adding that this work is certainly ongoing and is likely to continue for some time.

Beyond the Numbers

All through her career, Quink told BusinessWest, she’s prided herself on having the answers when clients have questions.

She still has most of the answers, but COVID-19 has changed that equation as well, because now, the questions are, well, different — in many cases, much different.

“This is my 29th year doing this, and I can’t recall a time when I’ve said ‘I don’t know the answer to that’ as much as I have these past few months, and follow it up with ‘I’ll have to get back to you,’”  she told BusinessWest, adding that, in many cases, the answers don’t come easily.

That’s because clients are asking about whether to furlough employees or lay them off; or about whether employees can be ordered back to work; or about how to handle a situation where a laid-off employee is making far more on unemployment than they would on the job — and, therefore, wants to stay laid off; or about what to do with employees who must stay on the payroll for the loan from the SBA to be forgivable, but have no work to do because the business can’t open yet because it’s not deemed ‘essential.’

“People who scrambled to apply for the loan as soon as they could for fear that the funds were going to run out are now starting to receive those proceeds, and they’re asking, ‘if I bring my employees back, what am I going to do with them?’” said Leary, noting that there are many types of businesses that fall into this category. “Do they paint the walls?

“If you’re a lower-wage earner, and you can make the same or more on employment, what’s the incentive to go back to work and help my employer have some of his loans forgiven?” he went on. “It’s a predicament that a lot of companies are facing, and we haven’t seen any real guidance on it.”

Coping with such questions is a new reality for accountants. Actually, it’s one of many new realities. And they all come on top of the oldest of realties — tax season.

Add it all up — pun intended — and this has been a very different start to the year for accountants. Things began as they generally do, with tax-return work starting to flow in during the winter months and building toward the annual late-March, early April crush. By mid-March, though, as the pandemic reached Western Mass., and especially after non-essential businesses were ordered closed on March 24, things changed dramatically.

Clients were suddenly thrust into a situation unlike anything they’d seen before, said Barrett, and they were calling their accountant in search of some answers and, more importantly, some guidance.

“There’s a lot of companies and medical practices who have never gone through this before, and they’re doing the appropriate thing … their financial people are going through their expenses, they’re going through what needs to be paid and what should be paid — basic business decisions that they’re trying to make under a period of duress,” said Barrett. “What we see is that either the company doesn’t have a financial person — it’s the owner asking us — or they do have a financial person, and that person is, for the most part, by themselves, and they’re looking for advice or just want to bounce their plan off someone to see that it makes sense.”

And as clients started calling with new and different needs, accountants were having to adjust to new ways to work.

Indeed, most have been working at home — another of those new realities that brings its own set of challenges — and thus communicating with clients and colleagues alike in ways other than face-to-face.

“We’ve instituted procedures and policies that we never had before because we’ve never had that many people working out of the office,” said Barrett, whose sentiments were echoed by others at the ‘table.’ “We’re still fine-tuning those moving forward, but it’s changing the way we work, without a doubt.”

Erickson agreed. He said Whittlesey closed its three offices on March 18 and went to remote access. Like everyone else who’s gone through it, he called it a learning experience.

“It was a little bumpy at first, just getting used to the whole thing and trying to stay out of the kitchen and all the snacks in there,” he noted. “But, overall, it’s gone smoothly.”

Quink noted that, while Burkhart Pizzanelli has closed its office to outside traffic, some staffers still come to the office most days, and carefully practice social distancing — while taking a number of other steps in the name of safety — while doing so.

“We’re not on top of each other; we have a nice layout so we can maintain the appropriate distance,” she explained. “At lunchtime, it might look like you’re looking at the royal family — there’s one on one end of the table and one at the other end, and we’re always going around and reminding each other about being safe and taking the steps to stay safe; we emphasize that, if one of us goes down, the entire firm is down.”

Forms and Function

But it’s the nature of the work, more than how it’s carried out, that has been the more dramatic, and impactful, change for accountants.

Much of it has involved filing for PPP relief and now helping clients carefully manage that money, but, as noted earlier, it goes well beyond that.

There are all those questions to answer, or try to answer, as the case may be, but there’s also the task of helping companies plan — something that’s very difficult to do in these times — for whatever might happen in the coming months.

“We have spent quite a bit of time with our corporate clients talking about cash-flow management and cash-flow projections,” said Leary. “We’re talking through ‘what-if’ scenarios with a range of clients that runs the gamut, from those in the cleaning-supply business who cannot get enough product in the door to those in the hospitality industry who have shuttered their doors.

“We’ve had some discussions with some distributors and manufacturers who are now being more cognizant of their suppliers and their inventory levels,” he went on, offering a specific example of the consultative work going on. “They’re looking at having redundant suppliers; instead of having just a West Coast supplier, they’re asking whether they should also have one from Canada or one in the Asia market. If borders get closed, do they have a redundant supplier, and what is the proper inventory level? There’s a lot of thoughtful planning going on.”

Erickson concurred, and noted that, while planning, clients of all sizes are grappling with the moment as well, and this means dealing with everything from cash flow to employment matters to discussions with the landlord and the bank about possible deferrals of payments.

Quink agreed and noted that, overall, there are important conversations to be had with clients. And while some of them, especially those with the cleaning companies that have more work than they can handle, are upbeat in nature, most are exactly the opposite.

“We’re having a lot of strategy conversations with clients, and the reality is that some of the clients we’re taking to … we know they’re not going to make it through this,” she said. “So we’re having the best conversations we can to position them so that when that happens — if it happens — they’re at least well-advised.”

While it’s difficult to see any silver linings to the current crisis situation, the accountants at the ‘table’ said they can find some in the way that clients are looking to learn from what’s happened and take steps to not only survive the pandemic but be a better, stronger company for the future.

“There are a lot of people proactively planning for the long term,” Leary said. “And to me, that’s positive; they’re not making impulsive decisions and thinking that this is going to close their doors permanently. It’s more, ‘when we come out of this, how do we do it better?’ And that’s encouraging.”

As for the accounting firms themselves, they’re dealing with the moment themselves, and it’s a challenging time. Most of the consulting work mentioned above is provided at the upper levels, by the partners, who, at the same time, are trying to manage younger staff members, many of them working remotely.

“We’re trying to juggle two things at once, and we’re frustrated that we can’t teach as much, and it’s difficult to manage younger people at home,” Barrett said. “Meanwhile, there’s that thought in the back of our minds … ‘boy, I hope we get paid for this.’”

Indeed, while firms are eager to help, they are advising clients knowing that the bills for their services may wind up at or near the bottom of the pile of those that get paid. Such fears are the basis for comments shared by many at the table that, while this will be a busy year, it may not be a good one when it comes to the bottom line.

This is just one of many stress-inducing matters to contend with during a year that will be unlike any other for the accounting firms in the region.

“The toll that this pandemic has taken on our team from the mental perspective is enormous,” said Quink. “It not just how it’s extended the season, but how it’s added a lot to our workloads.”

Bottom Line

Getting back to the annual April 15 celebration … Quink told BusinessWest there might be a party on July 15, when tax returns are now due. But maybe not.

Tax season will be over, but the work of helping clients navigate their way through COVID-19-generated whitewater will be ongoing.

That’s part of the new reality for accountants, and it will become the status quo for the foreseeable future. It will be a challenging time in many different respects, and one that gives new meaning to the phrase ‘taxing situation.’ 

George O’Brien can be reached at [email protected]

Coronavirus Sections Special Coverage

‘Eds and meds.’

That’s the phrase people use when talking about the backbone of this region’s economy. That’s short for education and medicine, and those two sectors really are the pillars when it comes to the economy in Western Mass.

There are others, to be sure — precision manufacturing, tourism and hospitality, financial services, and a huge population of nonprofit agencies. But eds and meds … those are the two areas that seemingly hold everything else up, from the service sector to the broad construction industry; from food and beverage to hospitality.

And now, these pillars of the economy are being seriously impacted by the COVID-19 pandemic. There will certainly be a trickle-down effect that will touch every sector of the economy, and it will be significant, but for these two sectors themselves, the pandemic brings them the sternest test they’ve ever faced.

Let’s start with healthcare. And the place to start there is there, with the hospitals that dominate that sector. Unable to perform elective surgeries and facing a host of new expenses because of the pandemic, these institutions, which employ tens of thousands of people between them, are facing serious cash-flow challenges.

Yes, these hospitals will receive some disaster relief from state and federal governments, and eventually, they will be able to return to something approaching normal — as in what was happening just six weeks ago — but hospitals are suffering fiscal wounds that will not heal quickly or easily.

As for the other many facets of the healthcare sector, many practices are closed or operating at far less than full capacity as the pandemic has many people reluctant to leave their homes for treatment that simply cannot be administered from six feet away.

Like businesses in other sectors, healthcare practices can apply for disaster relief, and some are receiving it, but almost every business in this sector is being negatively impacted, and some are simply in survival mode. The day will come when people will want to go back to the dentist, the optometrist, and the podiatrist, but one can only schedule so many appointments in a day.

Like other businesses, these practices are losing money they really can’t recover.

Overall, though, the ‘meds’ sector is strong, and it will eventually bounce back. And while the same is likely true for the ‘eds’ side of the equation, these are perilous times for this sector as well.

Indeed, the region’s colleges and universities are, for the most part, ghost towns at the moment. Campuses are essentially shut down, and learning is being carried out remotely. Schools that already seeing their endowments take big hits are facing huge losses as they reimburse students for room and board for this semester. And now serious question marks loom about the fall semester.

Behind closed doors, many college administrators are conceding that students may not be able to return in September, and they may not be able to come back until next spring. Meanwhile, many graduating high-school students, not to mention their parents, are wondering whether a crowded a college campus is the place to be — this fall, next spring, or in general.

This is the time of year when those seniors commit to colleges, with May 1 being a traditional deadline of sorts. Now, that deadline is being pushed back at most institutions in the hope that time will sharpen what it is, at the moment, a very fuzzy picture.

It is almost certain that, between the pandemic and the fiscal hardships it is causing to individuals and families, enrollment will be down, at a time when high-school graduating classes have been getting smaller and many colleges were already facing enrollment challenges.

Like the ‘meds’ sector, the ‘eds’ sector is strong and resilient. Many of the institutions have been around for 150 years or more, and they will survive this. But they likely won’t be the same.

And neither will the region, because these are the pillars of the Western Mass. economy, and they hold up everything else.

Coronavirus Sections Special Coverage

Dropped Shots

By George O’Brien

Ted Perez Jr. calls it a “non-winter.” And he’s seen more than a few during roughly a half-century of work at East Mountain Country Club in Westfield, where he’s now the president and head professional.

A non-winter is just what it sounds like — a winter that isn’t. And that’s what this region had in 2019-20, except for those few weeks in early December.

Thus, East Mountain, as it is whenever the weather allows, was open most days all through the first three and half months of this year, so much so that Perez said the club, built by his father in 1960, was on target for its best year in perhaps a few decades.

“Golf certainly isn’t what it was 25 years ago, and it’s been a long time since we’ve had a sustained good year,” he said, referring to a downturn that started with the Great Recession and has lingered since. “But we were on course to have as good a year as we’ve had in a very long time.”

Needless to say, the COVID-19 pandemic has certainly changed things in a hurry. All courses in the state were ordered closed in late March, as well as their 19th hole and banquet facilities. By then, pretty much every banquet and event through March, April, and May had been cancelled or postponed anyway.

All this is bad, but what makes it far worse is that Perez and other course owners and managers can’t understand the order — golf is played outdoors, and it’s relatively easy to socially distance — and they can’t plan because no one knows if or when the ban on play will be lifted.

“A golf course is almost like a public park,” said Antillio Cardaropoli, owner of Twin Hills Country Club in Longmeadow, a private club. “People can go out for a walk, and when you’re playing golf, the most people you have together is four, and they’re usually going in different directions on the course. This [ban] makes no sense to me.”

Perez agreed.

“I have 120 acres here — it’s very, very, very easy to maintain separation and keep six feet apart on the golf course,” he said. “I truly don’t understand why there’s even a discussion about it; there should be no debate about this whatsoever.”

To add insult to injury, if that’s the appropriate phrase, most other states, including neighboring Connecticut, have deemed that golf is essential. Well, they’re allowing the courses to open, let’s put it that way. And many in the Bay State are crossing over the line to play, said Cardaropoli.

“A golf course is almost like a public park. People can go out for a walk, and when you’re playing golf, the most people you have together is four, and they’re usually going in different directions on the course. This [ban] makes no sense to me.”

Overall, the pandemic has impacted every facet of the golf business, said Jesse Menachem, president of the Massachusetts Golf Assoc., adding that this is a long list. It includes greens fees and cart rentals, obviously, but also fundraising tournaments, leagues, food and beverages (a huge component of every club’s revenue stream), those banquets, retail (if people aren’t playing, they’re not buying clubs, balls, and new shoes), and more.

“Depending on how long this goes … if we cannot allow for golf operations to exist for another four, six, or eight weeks, that’s going to put courses in a very tough position,” said Menachem in early April, noting that the golf industry creates 25,000 jobs and is a $2.7 billion business. “This is prime time, not just for daily access, but for acquiring golfers and getting new members for private clubs.”

The best hope for course owners and managers is that, as the state begins to turn its economy back on — and that won’t happen before May 4 — golf courses will be on the list of businesses that can begin operating, with restrictions, to be sure. If that’s the case, courses will have lost several important weeks of on-course revenue and who knows how many weeks or months of banquet and food and beverage revenue.

“That’s certainly not ideal,” said Perez, “but we can cope with that.”

However, if courses can’t reopen on May 4 or soon thereafter, then what has been a challenging time for the golf industry will reach a new, unprecedented level of pain.

“From this point on, every week is critical to lose,” said Perez, noting that courses in this part of the country make more than 75% of their revenue between mid-April and mid-September. “This is revenue you just can’t make up.”

No Course of Action

It’s called ‘Good Friday, Bad Golf.’ It’s an annual event at East Mountain, a start-of-the-season gathering staged when most people have the day off from work and they’re eager to take the sticks out of the basement.

“It’s a huge golf outing — 140 players — and prime-rib dinner, the whole nine yards; when you add everything up, the golf, the bar, the snack bar, the dinner … it’s a huge day,” said Perez, noting that it obviously wasn’t a big day this year. “That’s gone; that’s been wiped out, and I can’t make it up.”

The question on everyone’s mind, and the question that can’t be answered, is how much more will be wiped out during the 2020 season?

Indeed, golf, like many other businesses, is in a state of limbo, or suspended animation. Courses can be maintained — that work has been deemed essential — but no one can play on them. Some still try, but such covert activities have drawn the ire of elected officials, if not the course owners themselves; Springfield Mayor Domenic Sarno’s very public threat to barricade the city’s two municipal golf courses to keep people off them made headlines across the state.

For those managing courses, they can deal with the present, and they are (more on that in a moment), but, as noted, they can’t plan for the future because they have no idea what it looks like.

Overall, it’s not a good place to be.

“You can’t give anyone any answers because no one knows what’s going to happen,” Cararopoli said. “The governor says it may be May 4. What it it isn’t? No one knows.”

Elaborating, he said the many question marks about the future are wreaking havoc on the banquet side of the ledger. “We’ve lost so many events already — weddings, bar mitzvahs, proms, showers, birthdays,” he noted. “And no one can rebook because they don’t know what’s going to transpire over the next few months.”

As for dealing with the present, club owners and managers are doing what they can to cope. Perez has filed an application for relief from the federal Paycheck Protection Program (PPP), and received initial approval. He was quick to note that this money can mostly be used for payroll, so when it comes to his myriad other expenses, he’s cutting corners in any way he can.

“I’m penny-pinching everything I can,” he noted, adding quickly that he’s not sure when he’ll be getting his PPP loan, adding to his cash-flow anxiety.

At Twin Hills, Cardaropoli has had to lay off a number of staff members — mostly on the banquet and food and beverage side of the house — and is unsure what to tell employees when it comes to if or when they might return.

As for the members … well, they are in a state of limbo as well, said Cardaropoli, adding that overall membership numbers are understandably down as some who might normally commit in the late winter or early spring — and that’s when a good number do — are waiting to see what happens before they sign on the dotted line and write a check.

“It’s made a big difference — March and April are the biggest months for having new members sign on,” he explained. “Now, because of the situation, fewer are signing on because they don’t know when they can start to play; membership is at a standstill.”

As for those who have signed up and started paying … if the season starts soon, fees may not have to be adjusted much or at all, Cardaropoli said. But if courses stay closed for several more weeks or months, that will certainly change, he went on, adding that it is unknown at this time just what services clubs will be offer to offer to members in 2020.

These scenarios are playing out at public and private courses across the state, said Menachem, adding that his organization continues to monitor the situation and diplomatically lobby the governor to let the courses open.

“We absolutely want to continue to advocate for our business and allow for access to golfers and enable these businesses to operate,” he said. “But we want to be respectful and realistic given what’s going on in this state, the country, and the world.”

Like Perez, Cardaropoli, and all other course owners and managers, Menachem sees golf as solid exercise and good release for those who are cooped up in their homes, and a business that should be open.

He said it would be easy to make adjustments that would enable people to play and stay safe. These include limiting carts to one passenger each — or eliminating them altogether and requiring people to walk; spacing out tee times to eliminate large gatherings at the first tee and reduce the number of people on the course at one time; limiting payments to contact-less options; pulling the cups out of the holes an inch or two to keep the ball from falling in; and keeping the flagsticks in the hole or eliminating them as well.

Perez agreed.

“Typically, we get eight foursomes an hour — a group goes out every seven and a half minutes,” he told BusinessWest. “Make it so you only have five tee times, one every 12 minutes, so you get a little more separation on the golf course. These are some of the things other golf courses are doing.

“I have a friend in Connecticut … this is what she’s doing. She’s gone with no carts, and she said it couldn’t have gone any smoother,” he went on, noting that more than 40 states allow golf courses to be open, with some restrictions. “And she’s getting 140 to 150 golfers a day. If I could get 100 players a day, I could weather this storm; zero a day just doesn’t work.”

Bottom Line

Indeed, it doesn’t.

That’s the reality for area course owners and managers today. They’re guardedly optimistic that things will change soon, but they simply don’t know.

Golf, the game, is hard. Golf, the business, has been just as hard for the past several years. And now, it’s become even more difficult.

Coronavirus

By George O’Brien

If one were to take a walk down Main Street — and I just did — it would be tempting to say that, if Springfield had any luck at all, it would be bad.

Yes, the pandemic is hitting every country, every state, every city and town, hard. As in very hard. But in Springfield, it seems worse, because things were — and I hope I don’t have to keep using the past tense — so much better. And the outlook was certainly bright and quite intriguing.

Now?

Now, we’re left to hope that, when this state gradually turns the economy back on again, the city can maybe pick up where it left off. That might be the best we can hope for at this point, but let’s stay optimistic.

After a quick walk around, it’s hard not to lament all that’s been lost, even though it’s clear that a shutdown was absolutely necessary to flatten the curve and put the region’s healthcare system in a position to do battle with this pandemic.

And it’s momentum that we’ve lost most of all.

Let’s start at MGM Springfield. It’s eerily quiet there, almost as if things are frozen in time. The doors that were never supposed to be locked are now locked. And who can say when they will open again? Likewise, who can say what business will be like when the doors do open again?

Casino floors are — in the best of times — crowded places with people sitting around blackjack tables, positioned just a few feet from each other at the rows of slot machines, jammed into the food court, and generally milling about, taking it all in. On a busy Friday or Saturday night, it’s difficult to find elbow room. When are people going to want to be in such a place again — especially the older population that makes up such a large part of this casino’s clientele? Indeed, the casino’s best customers are those most at risk.

But that’s just the casino floor. Perhaps the bigger contribution the casino has made has been to vibrancy in the downtown, the nightlife, through events in its ballrooms and shows at the MassMutual Center, Symphony Hall, and other venues. Who can say when there will be another concert, another convention, or even a fundraising dinner for a local nonprofit agency?

People are optimistically eyeing late summer or perhaps the fall as a time when we can return to something approaching ‘normal.’ But how realistic are those projections?

Walk around Springfield, and most of the signs of progress, the indicators that this was a city on the rise, are now as silent as the casino.

There’s the Amazing World of Dr. Seuss Museum, which was bringing families from every corner of the country to Springfield. It is now closed. So too is the Basketball Hall of Fame, which has undergone extensive renovations and was looking forward to a huge year as it inducts one of its most prestigious classes of honorees this fall.

The YMCA of Greater Springfield, which recently moved into Tower Square amid considerable fanfare as it started an intriguing chapter in its life, has seen both its fitness center and daycare center, its two largest revenue producers, shut down within just a month or two of opening.

At Union Station, the rail service that was starting to pick up steam has suffered a tremendous setback. People are now reluctant to get on trains, and even if they weren’t reluctant, there are really no places the train can take them — most workplaces are shut down, and so is every cultural attraction in New York.

Meanwhile, the restaurants that were such a big part of the city’s rebirth are now quiet, except for takeout, and many of the new businesses that had moved onto Bridge Street and other locations are locked down with their employees working from home — if they’re still working.

The lockdown, or shutdown, or whatever one wants to call it, isn’t even a month old yet. But it seems like an eternity. And for Springfield, it could not have come at a worse time — not that there’s ever a good time for a pandemic.

The pieces were starting to fall into the place, and the outlook was generally quite positive.

And now?

We have to hope that momentum is all we’ve lost, and that we haven’t lost too much of that precious commodity.

George O’Brien is the editor of BusinessWest; [email protected]

Coronavirus

Coping with a Changed Landscape

Kate Phelon says she misses her members.

Claudia Pazmany recalls the early days of this crisis, when she was bought to tears on an almost daily basis by the stories related to her by devastated business owners.

Nancy Creed says it’s become her mission to provide members with comprehensive and reliable information as they try to navigate their way through a crisis the likes of which they’ve never seen before.

Collectively, these chamber of commerce directors — Phelon in Westfield, Pazmany in Amherst, and Creed with the Springfield Regional Chamber — spoke not only for each other, but for colleagues across the country as chambers confront COVID-19.

And ‘confront’ is certainly the right word.

Indeed, as individual chambers work to keep members informed and assist them with the task of keeping the doors to their businesses open (figuratively if not literally — many of them have been ordered closed), they are in what amounts to survival mode themselves, especially since they are not at present eligible for federal stimulus money, though they’re lobbying to be included in the next stage of funding. And some of them may not, in fact, survive.

“I was on a call recently with our national association,” Creed recalled. “And they were saying that they expect 25% of the chambers not to survive this.”

The reasons for such dire predictions are obvious. Indeed, to serve their members, chambers rely on revenue from two primary sources — membership fees and events. And both are imperiled in some ways, the latter far more than the former, although overall membership and simply collecting fees that are due are certain to be impacted by this crisis.

Nancy Creed

Nancy Creed

“I was on a call recently with our national association. And they were saying that they expect 25% of the chambers not to survive this.”

As for those events, they range from the small — monthly after-5s, for example — to the large — the annual golf tournament in Westfield or Amherst’s Margarita Madness are in that category — to those in between, like regular breakfasts and legislative luncheons. Some events have been rescheduled for later in the year, but others have simply been lost, like Westfield’s popular St. Patrick’s Day breakfast — the first time it hasn’t been held in 40 years.

“At the same time as we’re worried about our members, we’re also worried about our chambers,” Phelon said. “There’s a huge concern for the chambers — we’re not having our events, which generate much of our revenue, and many of our members are really struggling.”

On March 6, the Springfield Regional Chamber staged its annual Outlook lunch at the MassMutual Center in downtown Springfield. For many business leaders in the Pioneer Valley, that was the last large gathering they attended. Everything since has been wiped off the calendar; BusinessWest has no need to publish its Chamber Corners section dedicated to listing upcoming chamber events because there are none for at least several more weeks.

But while chambers work to maintain their own bottom lines, their primary function of late has been a conduit of information to members who desperately need it.

They’re doing it through their websites and webinars, through polls — the Springfield Regional Chamber has conducted a number of them — and through conference calls with state and national leaders, during which they relay questions from their members, such as a Tele-Town Hall with U.S. Rep. Richard Neal, staged by the Springfield Regional Chamber on April 7.

Kate Phelon

Kate Phelon

“At the same time as we’re worried about our members, we’re also worried about our chambers. There’s a huge concern for the chambers — we’re not having our events, which generate much of our revenue, and many of our members are really struggling.”

Phelon said she and other chamber leaders have taken part in regular conference calls with Lt. Gov. Karyn Polito; Mike Kennealy, secretary of Housing and Economic Development; and a host of other officials. It started with one call a week, and now there are two, she noted, adding that such sessions have not only provided information to the chamber leaders, but provided them a chance to convey what’s on their members’ minds.

“They want to hear from us — they want to know what the issues are,” she said. “They take all our questions, and it’s been very helpful for us.”

Meanwhile, chamber leaders have been doing a lot of listening — and that in itself has been hard.

Pazmany said Amherst, a college town with no college students and restaurants, taverns, and museums that can’t open, has been particularly hard hit.

“It’s like summer here — only it’s far, far worse than summer,” she said. “No one needed for summer to arrive this soon; many businesses in this community have been just devastated by this.”

Overall, most chambers are experiencing what their members are experiencing — an ultra-challenging time dominated by questions that are often difficult to answer.

Plain Speaking

Since the pandemic fully arrived in Western Mass., and especially since the governor ordered all non-essential businesses to close, the primary function for area chambers has been to act as a combination sounding board and conduit for information.

And the emphasis has always been on providing information that is accurate and reliable, said those we spoke with, adding that there is plenty of news, if it can be called that, which does not fall into that category.

Claudia Pazmany

Claudia Pazmany

“It’s like summer here — only it’s far, far worse than summer. No one needed for summer to arrive this soon; many businesses in this community have been just devastated by this.”

“We’re trying, on a daily basis, to grab credible sources, and we really rely on the administration, because that takes rumor out of it — it comes straight from the horse’s mouth,” said Creed. “Our polls are just to get a pulse of the community so we can see what’s going on and pivot as we need to and gauge the sentiment of the business community — so it’s by no means scientific.”

Elaborating, she said her chamber has been partnering with other groups, such as the Employers Assoc. of the NorthEast, in an effort to inform business owners, but without overwhelming them.

“If there are other subject-matter experts out there, we want to partner with them instead of recreating the wheel,” she explained, “because there’s so much information, so much activity, that we certainly don’t want to overwhelm members — they already have enough on their plates.”

Pazmany said her chamber has created a ‘Resources for Business’ page on its website that is updated daily in an effort to help keep members informed at a time when they cannot gather in a room for a breakfast or educational seminar.

Phelon said her chamber, like all others, has been focused on providing information and connecting members to resources, which is what it has always done, except now it’s doing more of it, and that role has perhaps never been more important.

“Some chambers are putting information out daily, and we’re doing it at least weekly,” she said, adding that chambers are doing all this under unique circumstances.

“Most of us are dealing with reduced staff, some of us are working at home, some of us are in the office,” Phelon went on, noting that chambers are considered ‘essential.’ She does go into the office, but remains at least six feet away from her assistant and sanitizes the space on a daily basis.

Pazmany said her chamber, located on Main Street in downtown Amherst, has closed that office and has staffers working at home, in a nod to edicts concerning social distancing.

“We have a very small space, and we’re used to getting a lot of people in the door, and we thought that keeping the office open wasn’t the right thing to do given the circumstances,” she explained. “We like to say that, while the door may be locked, we’re open for business.”

While life has changed for chambers, it has for their members as well, certainly, and chambers are adjusting as these members struggle to keep their own doors open.

“We’re giving our members options on payments, and we’re even deferring it for 60 days,” Phelon explained, noting that many chambers are doing the same. “We understand the impact this is having on their business, and we want to be sympathetic.”

She noted that one additional challenge for chambers is that the needs of the members vary, generally with the size of the venture, and there isn’t a one-size-fits-all formula for providing assistance.

“We’ve got our very small micro-businesses that really need the help — it’s overwhelming for them; they’re struggling, and they don’t know if they’re going to make it,” she explained. “We also have major corporations that have an HR department and have significant resources, and everything in between. So it’s challenging.”

Lost Days

Beyond providing information, the other major role for chambers, historically, has been to provide networking opportunities for members. And it is this role that has been most impacted by the pandemic.

Indeed, gatherings of more than 10 people have been banned, which effectively eliminates after-5s, breakfasts, tabletop events, golf tournaments, annual meetings, legislative luncheons, and more — events staged to inform, bring members together, and generate revenue.

While some events have been pushed back or canceled altogether (like the St. Patrick’s Day breakfast in Westfield), chambers are looking to create what are being called ‘virtual networking events.’

They’re not exactly like the real thing, said those we spoke with, but they do enable people to see one another and interact, even if it’s on a computer screen, rather than in a local restaurant, golf course, banquet hall, or the showroom at Mercedes-Benz of Springfield. That was the site of a large after-5 involving a number of chambers early in March, said Pazmany, adding that, in a number of ways, that seems like a long time ago.

“We had 300 people there — it was a great event,” she recalled. “Who could believe that we’re now all sequestered in our homes?”

While looking to stage some events virtually, chambers are pushing their spring events further back into the calendar year. Phelon had a legislative luncheon slated for later this month and is now eyeing June. Meanwhile, her golf tournament, that chamber’s largest fundraiser, slated for East Mountain Country Club, was set for May, but it’s now rescheduled for June 22, with the hope that this is far enough out.

Pazmany said all of her chamber’s events into June have been canceled or moved back. Margarita Madness has been rescheduled for Sept. 24, but she’s not sure if that will work.

“We thought it was a safe date, but you just don’t know,” she said. “Every day I look at all the statistics, and I can’t tell you that date is safe.”

Creed told BusinessWest that the Springfield Regional Chamber is fortunate in several respects. For starters, it was able to stage perhaps its largest fundraiser of the year, the Outlook event, before the ban on large gatherings was put in place. Also, the chamber has reserves that it has not had to tap into as yet, and it has been able to “repurpose” staff members — its events coordinator has been shifted to member-engagement duties, for example — rather than lay them off, as some chambers have.

While the Outlook lunch went on as scheduled, the Springfield Regional Chamber has been forced to move its Fire & Ice signature cocktail event, which gave area bars and restaurants a chance to shine, said Creed, noting that it was scheduled for March. The next large fundraiser is the Super 60 event, which is scheduled for mid-fall and thus has not been impacted yet.

“Our events are so diversified that, if we lost one, we would still be in good shape,” she noted.

It remains to be seen if other chambers can say the same.

Spreading the Word

Summing up the situation for the business community and the chambers serving it, Phelon again spoke for all her colleagues.

“We’re all feeling … I wish I knew the right word; we’re all feeling the pressure and the concern,” she told BusinessWest. “We’re trying to stay positive, too, thinking ‘this will pass.’ But there are so many unknowns. This is unprecedented.”

It is, and for chambers, it’s an extreme challenge that comes when they already had their full share of challenges.

Like their members, to come out on the other side, they’re going to have to be resourceful, persistent, and willing and able to find new ways to do business.

George O’Brien can be reached at [email protected]

Coronavirus

Progress Report

U.S. Rep. Richard Neal

U.S. Rep. Richard Neal

U.S. Rep. Richard Neal, chairman of the House Ways and Means Committee, took part in a Tele-Town Hall staged by the Springfield Regional Chamber on April 7 to talk about some of the relief measures flowing out of Capitol Hill to help families and businesses battered by the COVID-19 pandemic — specifically, the large-scale economic shutdown it has caused. Here are some takeaways from that conversation.

Why was it important to take action in Washington quickly?

“We’re weathering an unprecedented public-health crisis, one that demands an unprecedented response from the federal government,” Neal said. “I’m proud of what we were able to do quickly.”

Those measures include the Families First Coronavirus Response Act, which provides paid-leave benefits to employees affected by the coronavirus emergency and new tax credits and tax relief to employers; the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which delivers tax rebates to families, a payroll-tax credit to employers, and expanded unemployment assistance to states; and the Paycheck Protection Program (PPP), which authorizes up to $349 billion in forgivable loans to businesses to pay their employees during the crisis.

Implementation of these three phases of relief has been challenging, Neal conceded, but once problems are worked out, lawmakers will move on to a fourth phase, expanding on much of what has already been set in motion while eyeing large-scale economic investments like infrastructure (more on that later).

He stressed that the pandemic is a health crisis first, and praised the healthcare workers on the front lines of the crisis. “They have done a first-class job trying to contain this disease. It’s important to understand that we can’t get back to rebuilding our economy until we’re able to corral the healthcare challenges.”

“Economists agree that we need to get money into the hands of people in the lower and middle income groups fastest because not only do they need it, but they’ll spend it.”

That’s why short-term relief measures are so critical, he went on. “The most important thing to do was to get a cash infusion to people on the middle and lower economic scale, who will spend that money on the day-to-day necessities families need,” he said, listing food, rent, and medications among them.

So, when are the rebates coming?

Neal noted that people whose direct-deposit information is on file with the IRS will see the funds — $1,200 per adult and $500 per child, in most cases — as soon as this week. After that, paper checks will begin to flow, starting with those on the lower end of the income scale.

“Economists agree that we need to get money into the hands of people in the lower and middle income groups fastest because not only do they need it, but they’ll spend it,” he said. “The most important thing we did is get cash to taxpayers quickly, to make sure there’s cash in their pockets to put food on the table.”

Why are some small businesses struggling with the loan-application process?

“Part of the problem is there’s no book on the shelf for this one,” Neal said, adding that banks are concerned about liability. One solution might be to relax what are commonly called ‘know your customer’ standards, so banks are willing to take on new clients in this situation.

How does the CARES Act address organizations helping people avoid loss of housing?

The CARES Act and PPP apply to all nonprofit organizations as well as for-profit entities, Neal noted. As he and his colleagues have heard about increased housing needs as people’s income situations become more uncertain, they’ve been talking about ways to address this, such as bolstering the low-income housing tax credit. As it stands, the CARES Act does include $4 billion for homeless assistance.

Does the CARES Act discourage people from working by dramatically expanding unemployment assistance?

With some people already having trouble making ends meet, to cut their salary to the level unemployment benefits would typically pay — at a time when the economy is being put into what one of his staffers called a ‘medically induced coma’ — is too much to bear, Neal said.

“We had long, contentious conversations that went on for a couple of days, and I understand the argument made by the other side, and they understand our argument as well,” he added. “In the end, the better idea is to get people what they need right now.”

What can we expect in phase 4?

“I think infrastructure is the immediate need,” Neal said. “The president has already volunteered a number of $2 trillion, and I’m accepting of that. We need, at this time, to address this very core economic issue, and we have the opportunity to do it, given that interest rates are close to zero.”

One area of focus should be broadband access, he noted. “There are areas of this country that don’t even have 911 access, areas of Massachusetts where parents drive to the library parking lot at night so their kids can do homework.”

Then, of course, are needed improvements to highways, bridges, airports, water and sewer, and rail, the latter being a particular interest among lawmakers and municipal officials in Massachusetts. “Infrastructure is investment, and that’s how we should treat it — and, by the way, it’s badly needed.”

When should people expect to get back to work?

Simply put, “when we rein in the pandemic,” the congressman said, noting that health professionals at all levels are constantly assessing the track of the virus to make those determinations, but no one should expect the economy to rev back to life soon, despite President Trump’s stated wishes to the contrary. Instead, Neal said, people should listen to people like Dr. Anthony Fauci, the director of the National Institute of Allergy and Infectious Diseases, who has emerged as the public-health face of the pandemic.

“It’s the role of the professionals to advise when the pandemic is under control, because it could flare up again,” Neal said. “I think every time Dr. Fauci steps to the microphone, people should say, ‘this is the standard; this is what we should be doing.’ He has wide regard from Democrats, Republicans, and everyone else on Capitol Hill.”

Do you have any final thoughts?

“People are actually taking the advice of public officials in social distancing,” Neal said, and that’s good — and he understands how frustrating that routine may become as the weeks drag on. But there are worse sacrifices to make. “I saw a cartoon describing veterans and what they went through — Vietnam, Korea, World War II — and all we’re being asked to do is stay six feet from each other.”

At the same time, Neal said, “we’ve heard from those on the ground about the need for more supplies and personal protective equipment, and once a vaccine is available, we want to make sure it gets to people for free.” Other healthcare-related measures being put in place are 90-day medication refills so people don’t have to visit pharmacies as often, and expanded telehealth services so people can see their doctors from home.

As for the fiscal measures put in place so far, “even though it’s been described as stimulus, many of us consider it relief and recovery,” he went on. “I will predict unemployment insurance has to be extended, and we need more money for small-business assistance … as well as more direct payments to American families.”

—Joseph Bednar

Coronavirus

The Bottom Line

By Michael A. Fenton, Esq. and Mark J. Esposito, Esq.

The COVID-19 pandemic has touched the lives of billions across the globe. In Massachusetts, Gov. Charlie Baker recently extended an emergency order directing that all non-essential businesses cease in-person operations and banning large gatherings.

Michael A. Fenton, Esq.

Michael A. Fenton, Esq.

Mark J. Esposito, Esq.

Mark J. Esposito, Esq.

With each closure, cancellation, or indefinite postponement comes a flurry of legal questions pertaining to contract law. Indeed, the postponement of the comic-book convention scheduled to take place in Boston in March has already resulted in a lawsuit stemming from a disagreement over a contract.

This article focuses on how contracting parties may be excused from certain obligations due to COVID-19.

To a great extent, businesses are in uncharted waters. The last comparable public-health emergency occurred more than 100 years ago: the Spanish Flu of 1918-19. Partly as a result of that rarity, instructive legal precedents are also few and far between. In these unprecedented times, the often-overlooked doctrine of impossibility of contract and the underlying legal concept of force majeure are positioned to play primary roles in the interpretation of contracts during the coming weeks and months.

Doctrine of Impossibility of Contract

The doctrine of impossibility of contract may be raised as a defense in response to a lawsuit seeking to enforce a contract. Under the legal theory, if both parties entered into the contract assuming that a certain state of facts would continue to exist, and that assumption turned out to be wrong, without the fault of either party, the obligation to perform under the contract would be excused (Chase Precast Corp. v. John J. Paonessa Co. Inc., 409 Mass. 371, 373 [1991]). While the doctrine of impossibility of contract may be (somewhat) succinctly summarized, it is not necessarily so easy to interpret in practice.

The circumstances triggering the doctrine of impossibility need not be written into an agreement in order for the doctrine to apply. However, the applicability of the legal theory can be expressed in a contract through what is called a force majeure clause.

Force Majeure

Black’s Law Dictionary defines force majeure as “an event or effect that can be neither anticipated nor controlled; esp., an unexpected event that prevents someone from doing or completing something that he or she had agreed or officially planned to do. The term includes both acts of nature (e.g., floods and hurricanes) and acts of people (e.g., riots, strikes, and wars).” Force majeure intersects with the doctrine of impossibility when a contract cannot be performed as intended because of a war, natural disaster, or the like.

The general definition of force majeure can be customized in an individual contract. Each contract should be reviewed carefully to determine how force majeure is defined, if at all, and to assess whether the current pandemic circumstances preclude enforcement of the contract obligations.

Force majeure clauses are clearly implicated if they explicitly include pandemics or public-health crises within the contractual definition, but what about less obvious situations? Does the COVID-19 crisis qualify as an unanticipated, uncontrolled ‘act of nature’ or ‘act of people’? The pandemic certainly is an unexpected event that is preventing a great many people from doing or completing a great many things. But an insurer being sued in Louisiana disagrees.

Which Applies?

In the midst of the current health crisis, parties with (and some without) a force majeure clause in their agreements find themselves wondering if the doctrine of impossibility of contract applies. Is a commercial tenant required to continue to pay rent to a landlord, when the leased premises have been ordered closed by the governor because of a public-health emergency? What rights does the landlord have in the same situation? Surely the tenant anticipated that it would be able to operate its business out of the space; otherwise, there would have been no reason to rent it. What specifically did the parties think at the time that they entered the agreement?

The general definition of force majeure can be customized in an individual contract. Each contract should be reviewed carefully to determine how force majeure is defined, if at all, and to assess whether the current pandemic circumstances preclude enforcement of the contract obligations.

The general definition of force majeure can be customized in an individual contract. Each contract should be reviewed carefully to determine how force majeure is defined, if at all, and to assess whether the current pandemic circumstances preclude enforcement of the contract obligations.

If the doctrine of impossibility of contract applies, whether through the express provisions of a force majeure clause or otherwise, contracting parties must determine what obligations are excused and to what extent. Most contracts will not be completely invalidated by a force majeure event. Rather, force majeure will operate to relax certain obligations based on the facts and circumstances (e.g., extending deadlines, waiving mandatory production requirements, abating rent, or other payments owed).

It is worth noting that many commercial leases have provisions that expressly define what qualifies as force majeure and narrowly enumerate what obligations can be excused under it. Many commercial leases state plainly that the tenant’s obligation to pay rent cannot be excused by triggering the force majeure provisions. Where losses are realized as a result of the doctrine of impossibility of contract and/or force majeure provisions in a contract, an aggrieved party might reasonably consult with their insurance carrier as business interruption insurance could conceivably be a useful tool in mitigating these losses. Unfortunately, insurance companies are almost uniformly denying such claims.

Uncertain Times

The COVID-19 pandemic has turned our lives upside down. While contractual obligations are the last thing many of us want to be thinking about during this time, it is an undeniable truth that business and professional obligations are on the minds of many as we struggle to honor our commitments. For some, the doctrine of impossibility of contract and force majeure contractual provisions may provide some measure of relief from obligations, while it will only further compound the damage for others who seek to enforce such obligations.

Michael A. Fenton, Esq. and Mark J. Esposito, Esq. are attorneys at Shatz, Schwartz and Fentin, P.C., and specialize in business and estate planning, commercial and tax-exempt bond financing, real estate, litigation, and bankruptcy; (413) 737-1131; ssfpc.com

Coronavirus Cover Story

On the Home Front

On one hand, it’s good to be working — many people during the COVID-19 crisis have lost their jobs. However, those who continue to clock in every day, only from home, often face challenges they never had to contend with before, from balancing work with their kids’ education to the anxiety and loneliness that can accompany a lack of face-to-face contact. But that’s today’s new normal, and no one can predict for sure when people might start heading back to the office.

As the office manager at Architecture EL in East Longmeadow, Allison Lapierre-Houle has plenty to do, but enough time to do it. Usually.

“I handle all the administrative tasks — anything HR-related, financial-related, pretty much everything outside what the architects do,” she said, adding that she’s never had to work outside her set hours — until recently.

“Now, I’ve been working on weekends a little bit, at night a little bit, because I have to take constant breaks in between for homeschooling, and all of the distractions that come with running a house and doing my job at the same time.”

Like so many others right now, Lapierre-Houle is still doing that job, only she’s doing it from home — as a single mother of a first-grader and a third-grader, ages 6 and 9.

While the school provides a remote learning plan that students are expected to follow, and daily assignments to complete every day using Chromebooks and Google software — as well as Zoom meetings with classmates — children that young aren’t exactly self-directed, she noted.

“If they were in high school, it would be completely different. In first grade, she literally just learned to read, and now she’s expected to go on the Chromebook and complete assignments. So I do lot of side-by-side work with the kids, while also trying to manage the eight employees for the company, who are all working remotely as well. That’s been the biggest challenge.”

Allison Lapierre-Houle to balance working at home

It’s challenging for Allison Lapierre-Houle to balance working at home with two young kids — but at least they can help take a photo for BusinessWest.

David Griffin Jr., vice president of the Dowd Insurance Agencies in Holyoke, is able to split the child-tending duties with his wife, who works for Travelers in Hartford. They’re both home these days, juggling their jobs and home responsibilities as parents of two young ones, ages 2 and 3.

“We’re making the most of it,” Griffin said. “She has a more set schedule than me. Obviously, I have clients calling me, and I can’t plan when the client calls me with questions I have to go through. I get as much done as I can in the morning and late at night, and answer calls and help customers throughout the day. Right now is their greatest time of need, so I have to make myself available and be there for them to lend an ear and give some advice.”

Jim Martin knows that feeling — of working from home at a time when customers have more pressing needs than perhaps ever before. As a partner at Robinson Donovan specializing in corporate law and commercial real estate, he’s been working with clients on their submissions for the Paycheck Protection Program, deciphering the regulations and grappling with an ongoing series of often-confounding changes to them. “My clients need straightforward legal advice on what needs to be included,” he told BusinessWest.

“I do lot of side-by-side work with the kids, while also trying to manage the eight employees for the company, who are all working remotely as well. That’s been the biggest challenge.”

He’s providing that advice — and much more — largely from home, as the firm’s Springfield office is maintaining the core minimum of personnel needed to connect everyone else during a trying time.

“We were well-prepared for this; we had anticipated this may be necessary, so we had a network in place that allowed people to remotely access their desktops from home,” he explained. We got everyone equipped, so when someone comes in with mail, it’s scanned and distributed to every lawyer and the support staff. And we have remote dictation, so I can dictate right to my adminstrative assistant from home. We feel we were pretty well-prepared to make the transition to working remotely.”

While Martin doesn’t have children at home, he empathizes with those who do, as day cares are closed and people generally can’t come by to babysit.

He does, however, sometimes have to vie for the landline with his wife, a clinical doctor of psychology who continues to see patients, who are dealing with all sorts of issues, from depression to anxiety to domestic violence, all of which can be exacerbated by the current health and economic crises.

“People who need therapy, they need it more now,” he said. “She fortunately has access to certified confidential means of communication, video communication and things, but sometimes it’s over the phone if folks don’t have technology. So, I’m in one room, she’s in another, and sometimes it’s stressful in the house.”

Workers from most sectors are dealing with the same situation — doing their part to keep their companies afloat while often keeping a household together. But they’re recognizing something else as well — a general patience and understanding among those they deal with, and a recognition that we’re all in this together, even as people grow more anxious to get back to their old routines.

Alone Time

Before COVID-19, Seth Kaye, a Chicopee-based photographer, would get up each morning and go to his office to work and have meetings with clients.

“For me, that’s the biggest difference right now, just not being around people at all,” he said. “I would routinely have coffee breaks or lunch with friends and colleagues; that’s how meetings would be done, face to face. Right now, everything’s over Zoom, which has been fantastic, but nothing face to face.”

Seth Kaye

Seth Kaye is among many professionals who miss face-to-face interaction with clients.

He brought his entire workstation home, so he’s able to stay in contact with clients and even book new work.

“In terms of contracts, there’s nothing for me to photograph right now, as the commercial events have all been canceled for the foreseeable future. Weddings are the lion’s share of what I do, and people are postponing those to later this year or 2021. But business is still going on. People are still getting engaged. I’m still booking new couples to 2021. The world hasn’t stopped, and people are still planning for the future. That gives me an enormous amount of optimism.”

And also a chance to pivot to other business needs, Kaye added. “I’m trying to take the to work on my marketing and work on personal projects and try new things.”

Griffin said the team at Dowd is pivoting in other ways. “We have five offices and 47 employees, and we’ve been able to get everyone up and running from home; we’re still at full capacity. Of course, the insurance industry is considered an essential business.

“Everyone wants to make this work, but it’s been tricky to say the least,” he added, noting that technology has been a huge help. Because the company uses an internet-based telephone system, everyone was able to take their phones home and plug them into their computers.

“Our receptionist is working from home, and she answers live and transfers the calls,” he said. “And most of the staff have two computer screens in the office, and they brought one of the screens home. So it’s funny — if you go into the office and see all the desks with nothing on them, it looks like we’ve been robbed, but that’s not the case.”

Lawyers are as busy as insurance agents these days, and Martin is a good example, whether it’s helping small businesses with federal stimulus programs or assisting companies scrambling to prepare for all contingencies during the pandemic.

“I spent some time over the last two weeks dealing with transfer ownership issues between shareholders and and/or partners, so if people own a company, either shares or in a partnership, they are now feeling it’s important to establish and confirm in writing how the shares will be transferred … and what the conditions are,” he explained.

Meanwhile, employment laywers are dealing with unemployment and leave issues, while real-estate attorneys grapple with pending projects held up by wholesale postponements of meetings with planning and zoning officials, and estate planners see an uptick in business from families getting their affairs in order (see story on page 24).

The list goes on — and most of the work is being done remotely.

“It is a challenge, if you haven’t worked from home before,” Martin said. “I know some people work from home regularly, but for those of us who haven’t, it’s a big adjustment period. At least it is for me.”

It certainly has been for Lapierre-Houle, and also her kids.

“I definitely find myself, especially in the evening, saying to them, ‘it’s a school night,’” she said. “For them, it doesn’t feel like a school night. They think they can get up whenever they want and stay up as late as they want, but I’m trying to keep us on schedule — they get up like for school, and I sign on to work at 8.”

Convincing students to treat these days like regular school days is undoubtedly something parents of older kids grapple with as well. And kids of all ages are likely tiring of the social isolation.

“They can’t see their friends except behind a computer screen … that’s a significant emotional challenge because they don’t understand the social aspect. But they still have to learn and do their schoolwork,” Lapierre-Houle noted, adding that the warmer weather gives a reprieve in that they can go outside — but also provides an additional distraction because they want to be outside, rather than inside doing schoolwork.

She does appreciate her boss, company president Kevin Rothschild-Shea, who, she says, has always emphasized work-life balance, which has made this transition a little easier for employees. “He’s always been very flexible with families or children, but there’s still pressure to get work done, not to mention all the distractions at home.”

New Routine

Clients have been equally understanding of the current situation, Griffin said. “They’re not giving us a hard time — ‘I need this in two hours.’ Again, turnaround times are out the window, and people have been very accommodating and very understanding of that.”

On a personal level, he does miss meeting clients in person. “There’s nothing like going out and seeing clients face to face and talking with them, trying to see what their energy level is, how business is going … I do miss that. I’ll be excited to get that aspect of things back because it is missed. Now we have to make do with what we have, and everyone is in the same boat together — it’s not like we’re at a competitive disadvantage because of it.”

“It’s funny — if you go into the office and see all the desks with nothing on them, it looks like we’ve been robbed, but that’s not the case.”

Kaye told BusinessWest that’s been a challenge for him as well.

“I would see people regularly, just in passing or at the coffee shop — the day-to-day stuff we take for granted, now that we’re not able to have that routine. The routine now is different,” he said. “Hopefully, it’s a temporary new normal, but that human contact is gone right now.

“I’m taking the quarantine thing seriously, aside from pharmacy drives and having people put food into the trunk of my car when I order it from local farms,” he added. “I haven’t had any face-to-face contact in about three weeks. Some of my friends are doing the same. Some of our parents are not, which is interesting. But the social aspect being gone is definitely challenging.”

As the virus has still not peaked, the next couple weeks will bring more of the same, and though people he talks to are starting to go a bit stir crazy, they’re adapting as best they can, Kaye said.

“The people I’ve been speaking with, whether it’s clients not sure what their plans are going to be for 2020 or talking about postponements, they’ve been really nice about it. They have their needs as business owners, and I have my needs and concerns, and so far everyone has been really great.”

That first coffee-shop meeting will still be pretty satisfying, though — whenever that might be.

Joseph Bednar can be reached at [email protected]

Coronavirus

By George O’Brien

“Experience is what you get when you didn’t get what you wanted.”

That was one of the many — as in many — poignant thoughts left with the audience as Randy Pausch, the 45-year-old professor of computer science, human-computer interaction, and design at Carnegie Mellon, who had been recently informed that his pancreatic cancer was terminal, delivered what became known, famously, as the “Last Lecture.”

I was thinking of that quote — and some of the others — as a I contemplated what this pandemic has wrought — not only for business owners and managers, but for everyone. Indeed, it was Pausch who said, “time is all you have, and you may find one day that you have less than you think.” Tragically, so many have had such a day because of this crisis.

But it is that remark about experience that has been on my mind lately.

None of us wanted any of this, and we’re getting plenty of experience, which we have to hope will make us all stronger one of these days.

These thoughts about experience are especially relevant to the entrepreneurs out there — all of them, but especially the younger ones, the ones this region has devoted so much time and energy to nurturing in recent years.

Indeed, there has been what amounts to a movement, a strong movement at that, in Western Mass. to encourage entrepreneurship and mentor those who aspire to work for themselves. We see it in the programs administered by Valley Venture Mentors, EforAll Holyoke, and other organizations, and in the work of the Grinspoon Foundation and the massive gathering its hosts each spring to recognize entrepreneurs at each of the region’s many colleges and universities.

Almost every one of the entrepreneurs, whether they’re developing an app or baking cupcakes, brewing beer or planning to put a food truck on the road, has a business plan. And it’s quite safe to say that not one of those business plans has a page with contingencies for a global pandemic.

It’s just not something you can remotely plan for. And for many of these entrepreneurs, it will provide the sternest of tests.

The pandemic has brought life, and almost all forms of commerce, to a halt. For those already in business, the crisis will certainly set them back in some way. It might force some of them to close their doors.

As for those still in the aspirational stages, this will likely put some dreams on hold — or perhaps inspire some different dreams.

What we all have to hope in this region is that these young entrepreneurs, whether their venture survives this crisis or not, never stop dreaming — because those dreams form the basis of the economy in this region in the decades to come.

As they contemplate the present and the future, and gain all this experience from not getting what they wanted, these young entrepreneurs may want to remember some other remarks from Pausch’s last lecture.

“We cannot change the cards we are dealt,” he noted, referring to his own situation and his response to it, but also life in general, “just how we play the hand.”

He also said this: “it’s not how hard you hit; it’s how hard you get hit … and keep moving forward.”

Everyone’s getting hit extremely hard right now, and they have to dig deep and find some way to keep moving forward.

“And experience is often the most valuable thing you have to offer.”

George O’Brien is the editor of BusinessWest.

Coronavirus

A Time to Collaborate

Editor’s Note: This is the second in a series of virtual roundtable discussions with area business leaders concerning the COVID-19 pandemic and its impact on virtually every aspect of life and business. For this installment, we talked with five area bank presidents — Steve Lowell at Monson Savings Bank, Chuck Leach at Lee Bank, Tom Senecal at PeoplesBank, Jeff Sullivan at New Valley Bank & Trust, and Michael Tucker at Greenfield Cooperative Bank — about how this crisis is impacting this important sector and in what ways the region’s banks will be assisting those businesses impacted by the pandemic.

By George O’Brien

Steve Lowell

Steve Lowell

Michael Tucker

Michael Tucker

Tom Senecal

Tom Senecal

Jeff Sullivan

Jeff Sullivan

Chuck Leach

Chuck Leach

Steve Lowell called it a “fireside chat.”

That’s how he chose to describe his efforts to reach out to customers during this time of crisis and communicate a number of key points.

“With my wife holding my phone in front of me and me speaking onto the camera … we put it on our YouTube channel and sent out an e-mail blast with a link to it for our customers to get an update,” said Lowell, president and CEO of Monson Savings Bank, adding that, like the creator of the original fireside chat, Franklin Roosevelt, he used his to talk with people directly and work to calm fears at a time when many are afraid. “We wanted to assure our customers that we’re here, we’re operating, and we intend to remain here and continue operating.”

The need for a fireside chat and the method of delivering it show just how different these times are for banks and their customers, commercial and consumer alike. Most of those in both categories are in some form of distress, and they’re looking to their bank, especially if it’s a smaller community bank, for help.

And the banks are providing it, in the form of everything from deferments on mortgage payments and commercial loans to interest-only payment options if customers prefer that option, to refinancing large numbers of mortgages to enable consumers to take advantage of lower interest rates.

And, for commercial customers, these banks will be the conduits for federal assistance to be provided to distressed businesses as part of a $2.2 trillion relief package. A key part of that package is the so-called Payroll Protection Program, which includes $350 in forgivable loans for companies that keep everyone employed.

The system went live, if that’s the right term, on Friday, April 3, and in a manner of minutes, area banks were being overwhelmed by business owners desperate to apply.

“We had more than 300 calls Friday morning,” said Michael Tucker, president and CEO of Greenfield Cooperative Bank. “We sent an e-mail blast out to all our commercial customers at 11 in the morning saying, ‘hey, guys, you’re tying up the phone lines!’ And that was actually well-received — the calls slowed down a little.”

Tom Senecal, president and CEO of Holyoke-based PeoplesBank, reported a similar response at his institution.

“On Friday morning, we put up a link on our website and an e-mail blast to all our commercial customers, and in the first hour we had 1,300 clicks on our link for that application,” he said. “There’s an enormous amount of demand, curiosity, and need for this process.”

Indeed, there is, and as a lead player in funneling these funds, banks that were already challenged in many ways will have exponentially more work and stress — this at a time when all of them have many staffers working remotely and taking in new responsibilities.

Meaning their role will change and become broader in scope.

“In many ways, it’s analogous to what some of the manufacturers are doing now: a company that was making clothing for a baseball team a few months ago is now making masks and gowns,” said Jeff Sullivan, president and CEO of Springfield-based New Valley Bank & Trust. “We’re going to go through a version of that and have to retool and pivot and think about the new SBA loans that are part of the relief package as different than how we usually do business.”

 Meanwhile, the banks are coping with a new reality when it comes to how buainess is done in the wake of the pandemic. Most have closed their lobbies or reduced hours to a large degree, with business conducted by appointment only. This means more customers are using online banking and automated tellers, technology that is new to many, and that brings its own set of challenges — and opportunities. Meanwhile, employers are working remotely and finding new ways to work as well.

“On Friday morning, we put up a link on our website and an e-mail blast to all our commercial customers, and in the first hour we had 1,300 clicks on our link for that application. There’s an enormous amount of demand, curiosity, and need for this process.”

“For some who didn’t bank digitally, they’re beginning to be forced to use it, and at our institution, for the most part, we’re getting extremely positive feedback on this,” said Senecal. “Surprisingly, many people who were afraid to use it are liking it now, and I do think this will change the behavior of people in the future to adapt to it more quickly.”

Chuck Leach, president and CEO of Lee Bank, agreed that both customers and employers are adapting to new ways of doing things.

“We’re getting everybody — customers, clients, and employees — more on board with a different way of working through electronic channels,” he told BusinessWest. “As for employees, we were thinking more about working from home before this; we were having conversations already, and we knew we could do it technology-wise, but this just triggered an acceleration of that, which has been healthy for us.”

Overall, these are different and somewhat complex times for banks in that they and their customers are relying more heavily on technology to do business. And yet, it’s a time when many customers need a close banking relationship perhaps more than they ever have.

“Whether it’s in traditional retail or banking, there’s been this drumbeat of ‘everything’s going digital,’” Leach said. “But what this crisis has also illuminated is the need for human contact, albeit by phone or e-mail. When you’re trying to go back and forth with a bank on deferment or interest-only — when you’re solving problems — you still want to talk with someone. Those are not transactional exercises.”

What banks won’t be focusing on this year, said Senecal and others, is earnings. That’s because the bottom line clearly will not be as attractive as it has been in recent years — not with interest rates down to zero, residential customers refinancing their mortgages to take advantage of these lower rates, and other revenue streams being heavily impacted by the pandemic (more on that later).

Lending a Hand

The size and scope of the pandemic’s impact on the local business community was already abundantly clear before those phone calls and e-mails regarding the Payroll Protection Program started coming in that Friday morning. But within just a few hours, area bankers had some fresh perspective.

Indeed, desperate for some relief from their cash-flow headaches and concerned that the well would run dry, even with $350 billion dollars in it, owners of businesses of all shapes and sizes were frantic to initiate the process of staking a claim to some of the relief money.

“They were advised to call their local banker, and … they did,” said Senecal, adding that the banks, often working with a third party to assist with the workload, constitute the front end of this process — taking the applications and, eventually, cutting checks to the companies whose loans are approved.

The U.S. Small Business Administration (SBA), which does the approving, constitutes the back end, and right now, that back end is backlogged.

“I heard on a conference call recently that the SBA typically does roughly $3 billion a year in SBA loans,” said Senecal. “Now, they’re trying to do $350 billion in a week. They are not equipped for the volume that we’re all giving them, or trying to give them.”

Senecal and others said the sheer volume of applications has caused the system to crash temporarily on occasion as banks and the third-party companies many are working with flood the SBA with loan applications.

Lowell said his bank, which is processing the applications itself instead of using a third party, started submitting applications first thing on April 4 (a Saturday), and by noon, it had received word that a number of them had been approved — maybe $20 million worth of loans.

But that’s merely the first, or second, step in the lengthy process of getting money into the hands of business owners, he went on. “No loans have been closed, and they can’t be closed until the SBA comes up with the promissory note that they want us to use. Until they do that — and they say it could be any day — nothing can close.”

 Such closures may begin this week, but that would be a best-case scenario, said those we spoke with, adding that, thus far, loan requests are coming in all sizes and from businesses in every sector.

“The SBA typically does roughly $3 billion a year in SBA loans. Now, they’re trying to do $350 billion in a week. They are not equipped for the volume that we’re all giving them, or trying to give them.”

The good news, amid all this talk of backlogs and computer crashes, is that it is highly unlikely that the money will run out. And if it should run out, there will likely be additional stages to the overall stimulus package.

“There’s $350 billion to disperse,” said Senecal. “I heard that, as of yesterday [April 6], $38 billion had been approved. That’s roughly 11% of the entire amount. For people to start thinking, ‘they’re going to run out of money’ — that’s not going to happen. It’s just a very slow process.”

A New Normal

As noted earlier, while banks are still conducting business, it is certainly not business as usual. Most all establishments have either closed their lobbies or established ‘by-appointment-only’ policies, in efforts to safeguard both customers and employees.

Drive-through windows are open, as are ATMs, and institutions with ITMs (interactive teller machines) report a dramatic increase in usage — out of necessity. Overall, those we spoke with reported a few bumps and a slowing of the pace of activity as customers began using new technology, but, overall, a relatively smooth transition, if it can be called that.

“It’s been surprisingly smooth,” Lowell said. “And I say surprisingly because I wasn’t sure how customers would respond. But they have been great. We’ve had people getting documents notarized, opening accounts, and more right through the drive-up. And while it was very busy initially, it has slowed down; we extended hours originally because we didn’t know what to expect, but we’re thinking of reducing things and going back to our normal hours to give our staff a break.”

Returning to the subject of digital banking, Senecal, speaking for all the others at the ‘table,’ said his bank has been gently pushing its customers to embrace new technology like ITMs. The pandemic has provided a great assist in these efforts, and most customers are enjoying the ride, if you will.

“Whenever a customer has done it, you get this reaction like, ‘oh, my God, this is unbelievably easy,’” he said of ITM use. “Like all of us, you need to be pushed toward new technology — it can be intimidating — and the more we push or force people, and they understand the environment we’re in, they’re learning that it’s not so bad.”

But the pandemic has also brought some staffing challenges, said many on the panel, noting that, as they try to keep employees safe, they are limiting the number of people working at one time. And there are other constraints as well.

“We have people in some critical positions who are in the National Guard,” Senecal said. “So we’ve had to readjust some of some our staffing. But otherwise, we have not diminished our services at all; we’re doing everything through the drive-up.”

Michael Tucker, president and CEO of Greenfield Cooperative Bank, said one of his branches actually had to be closed for a short period because the spouse of one of his workers, a first responder, had come in contact with someone who had tested positive for the virus.

“We had split our staff into Team A and Team B at each location,” he explained, noting that the employee in question is on Team A. After deep cleaning and sanitizing the office, it reopened with Team B, with Team A on self-quarantine.

Such developments could not have been imagined even three weeks ago, but they are now part of a new norm for banks.

As for the types of business conducted, the bank presidents we spoke with said that, by and large, people understand that their money is safe, and there has been an inflow when it comes to deposits, rather than anything approach a rush to withdraw money. Meanwhile, commercial activity has slowed tremendously, as might be expected. But on the residential-mortgage side, business has been booming.

‘Crazy’ was the word used by most all them.

Meanwhile, another word uttered over and over by those around this virtual roundtable was ‘outreach.’ Indeed, while taking calls from commercial clients with questions and issues, area banks have been making them as well.

“We’ve been doing a ton of customer outreach, particularly in the hospitality area, and there is a large concentration of those types of businesses in Berkshire County,” Leach said. “We’ve done a lot of proactive outreach with that sector, and there has been a significant number of loan modifications, including more than 80 interest-only and three full deferments on the commercial side.”

All methods of communication have been used, from snail mail — although not much of that anymore — to e-mail, to that fireside chat Lowell gave with the assist from his wife.

“We’ve been trying to be creative as to how we get the word out,” Lowell said. “I recently recorded several commercials that are going to be on radio stations, as well as a brief TV spot using my phone; we’re trying to be creative and take advantage of technology.”

Tucker agreed, noting that his bank has used videos on its Facebook page and other vehicles for communicating a simple but direct message: “we’re here, and we’re going to try to help.”

Earnings Statements

While the banks will play a large role in helping businesses stay afloat during this crisis, they will have to be mindful of their own bottom lines as well. Those we spoke with are projecting that this will be a very challenging year in that regard for all those reasons mentioned above.

“Margins were shrinking before this,” Tucker said. “And now, with no interest coming in for a while, that’s going to put even more pressure on banks. The good news is that the banks here are well-capitalized and have the ability to weather this, but 2020 will be a very difficult year at the end of the year when you see the numbers.”

The banks we spoke with are all mutual banks, meaning there are no stockholders. And their presidents said their respective boards understand the unusual circumstances as well as the need for these institutions to step up and help the community get to the other side of the pandemic.

“None of us are focused on earning this year; we’re doing everything to make sure our communities get through this and economically come out of this in a great position.”

“Most of us, if not all of us, are sitting on a good amount of liquidity, so we’re in a position to take these steps, suffer through a few months of losses, and still fund things that need to be funded,” Lowell said. “And on the regulatory front, everything that we’ve heard from the FDIC, federal examiners, and others is that they are encouraging us to keep this economy running and help people — and they won’t hold it against us, as long as we do it within reason and do it within the confines of safety and soundness and don’t take on excessive risk.

“I think we’re going to be prudent, and the last thing we want is to see any of our customers not get through this,” he went on. “We’re going to be looking to our existing customers first, and then, if we can help other people, we’ll try to do that, whether it’s through the SBA or direct lending, or some of the other programs.”

Sullivan agreed, saying this will be a unique opportunity for the banking community to collaborate, as perhaps never before, and work collectively to steer the economy out of extremely dangerous whitewater.

“I don’t see this as competition or anyone trying to be opportunistic about this,” he told BusinessWest. “The size and scope of this problem is huge, and part of what we want to message to the community is that the industry is collaborating to get through it.”

Senecal agreed. “The focus is to get through this year and be there in support of the community,” he said. “As mutual banks, we’re here for the community, and all of us have enough capital to sustain a really bad year. None of us are focused on earning this year; we’re doing everything to make sure our communities get through this and economically come out of this in a great position.”

Lowell might have summed up the situation, and the sentiments of everyone at the ‘table,’ by saying in conclusion: “it will be an interesting year; I don’t anticipate any of us are going to make a lot of money, but we’re all in good shape at the start of this, and I see us all coming through it the end while helping people stay in business.”

George O’Brien can be reached at [email protected]

Coronavirus Sections Special Coverage

Signs of the Times

By George O’Brien

Hyman G. Darling

Hyman Darling

Liz Sillin

Gina Barry

Hyman Darling says the calls started coming in several weeks ago.

At first, there were a few, and then, as the news about the COVID-19 pandemic became steadily worse and the grim reality of the situation became ever more apparent, the volume started increasing.

On the other end of the line were people looking to update a will or estate plan, or, more likely, finish the one they’d started but never finished or finally get started with one, he said, adding that there are obvious reasons why.

“Everyone knows someone who knows someone who has the virus, and they’re worried — about their parents, their brothers, their cousins … somebody,” said Darling, a partner with the Springfield-based law firm Bacon Wilson and one of the region’s pre-eminent estate-planning specialists. “And there’s more people sitting at home with less to do; they’re paying attention to this and thinking about it. The news is very distressing, and people are responding to it.”

Meanwhile, healthcare workers, and especially those on the front lines of the crisis, don’t have to watch on TV — they can see it right in from them — and, thus, they’re responsible for many of these calls to Darling and specialists like him across the area.

This phenomenon, if it can be called that, is certainly keeping area estate planners much busier than they were, providing some much-needed peace of mind to those who are watching the news and seeing the death tolls rise, and even adding some new phrases to the lexicon, like ‘driveway signing.’

That’s the phrase Liz Sillin, an estate-planning specialist with Springfield-based Bulkley Richardson, summoned as she talked about one of the more challenging aspects of this development: documents need to be signed and notarized, and at this moment (things may well change), Massachusetts does not allow electronic signatures for such documents as wills and healthcare proxies.

That’s why there really are signings in the driveway — and with all the proper precautions taken for preventing or at least minimizing the spread of the virus.

“We take as many steps as possible to keep us all away from one another and not cross-contaminate the paper,” said Sillin, who has now been part of a few of these elaborate exercises, which involve the lawyers and four participants — the party creating the document, two witnesses, and a notary. “Everyone brings their own pen, and everyone steps back while one person signs, preferably without touching the paper with his or her hand. We use lots of hand sanitizer; we use a clipboard, and we sanitize the clipboard. It’s kind of a bizarre process, but there are people for whom getting these documents done is paramount, and if remote signing isn’t legal, this is the only way we can do it.”

Mike Simolo, an estate-planning specialist with Springfield-based Robinson Donovan, who, like most all of his counterparts, has taken part in a few driveway signings himself, agreed. And, like others we spoke with, he said that, while it’s unfortunate that it took a pandemic to get people to do what they should have some time ago, he’s glad that many have been motivated to get this important work done.

“People who had been putting this off for one reason or another are suddenly deciding not to put it off anymore,” he said. “They’re calling up, hoping to get a plan a plan in place sooner, rather than later.”

With the accent on sooner.

And while their phones are ringing more often, those we spoke with noted that they are apprehensive that some, in an effort to get something done, and in a hurry, will take shortcuts, perhaps visit one of the legal websites out there, or, worse still, take the DIY route.

“This is LegalZoom’s dream situation,” said Simolo, referring to the popular website that provides legal assistance. “People are waking up, watching the news, and realizing, ‘I don’t have anything.’”

He said that, while people can certainly take that route, he projects that many who do will leave out something or make a mistake that could have serious implications later, when loved ones are left to settle an estate (more on that later).

For our upcoming issue’s focus on estate planning, BusinessWest looks at how the COVID-19 pandemic is prompting many to get important estate-planning work done, and how the legal community is responding.

Where There’s a Will…

As she talked about her greater workload and when and why it came about, Gina Barry, another partner and estate-planning specialist with Bacon Wilson, used the story of a pharmacist at one of the local hospitals — an individual with a number of the health risks that make him especially vulnerable to the virus — to touch on a number of the relevant points in this intriguing development.

“He’s working long hours in the hospital,” she said, “and he was terrified — and he probably still is — that, because of his high-risk concerns, he would be one of those who would contract the virus and not survive it.

“We started his plan a few years back,” she went on. “Recently, he e-mailed me and said, ‘I have no right to ask this, given that I delayed a bit, but can you rush?’ And I said, ‘absolutely, I can rush.’ I dropped everything and got it done.”

Continuing that story, Barry said this individual managed to get the notary from the hospital and two of his co-workers together to sign these documents, and she Zoomed in for the gathering to make sure everyone was signing in the right place.

As noted, this anecdote touches on a number of the many elements of this story, from the fear exhibited by healthcare workers to the need to move fast; from the logistics involved with getting a signing done to the technology used by lawyers to get the documents signed, sealed, and delivered.

And it’s a story that is now playing itself out countless times across the region.

Indeed, while not everyone calling to write or update a will or a related document is in healthcare — and the lawyers we spoke with said these individuals have been given first priority —  most everyone is terrified. And they’re also in a hurry.

And, for the most part, estate-planning specialists are able to accommodate them.

Simolo said a process that might normally take several weeks can be expedited and handled in perhaps a week to 10 days, with a fairly simple will being done in just a few days.

Meanwhile, many of these wills and other documents — living wills and healthcare proxies are also being sought — are being created in what would be considered non-traditional ways. Indeed, since face-to-face meetings are all but out given new social-distancing guidelines, estate-planning specialists are using the phone, Zoom, and other vehicles for communicating with clients and getting documents reviewed.

“People don’t care about coming in now,” said Darling. “They’re happy to do the telephone messaging, e-mails, Zoom … as long as it gets done, they don’t care if they meet us in person.”

Interest in getting documents written and notarized is especially acute among those in healthcare, and often it’s those individuals’ loved ones who are getting the ball rolling.

“I’ve been contacted by the husbands and wives of doctors,” Simolo said. “They’re saying, ‘let’s get this done as soon as humanly possible.”

Sillin agreed, and noted that there is interest among those old and young to have their affairs in order.

“Just today, I got a call from someone who is a doctor  — he’s very young and has a young family,” she explained. “He’s in a facility that has cases around him, and he’s like, ‘yikes, I have to do something.”

But interest is across the board, said those we spoke with, adding that some of those calling are finally getting around to having these documents written, while others are realizing that the ones they have are dated and need to be made current.

“People are at home reading about nothing but COVID-19,” said Sillin. “They begin to contemplate this aspect of life, and we’ve been getting a lot of calls from people of all ages who want to get going on some estate planning.”

Simolo agreed.

“It’s mostly been people who don’t have a plan in place or had a plan in place 25 years ago, when the kids were 3,” said Simolo. “Now, the grandkids are 3 — that kind of thing.”

But while those we spoke with are certainly pleased that their phones are ringing more — for themselves, but especially for their clients — they are concerned that many may try to do this work online or even draft something themselves.

“It’s been my experience that, nine times out of 10, something’s missing from those documents,” said Darling, adding that, in many other cases, documents are not signed properly. “You get what you pay for, and mistakes made now can be very costly later — not for the deceased, but for their loved ones; litigation is very expensive in a will contest, not to mention the emotional stress that it brings on family members.”

Barry agreed and summoned an analogy she’s used many times during her career — too many to count by her estimate — when talking about do-it-yourself wills and related documents.

“You can pull your own tooth, too,” she said. “But would you rather visit a dentist or tie a string to a doorknob and try it that way?”

Peace of Mind

Finishing her story about the pharmacist in one of the local hospitals, Barry said that, at the conclusion of the signing — which, again, she witnessed via Zoom — she asked her client if he now had some peace of mind.

“He signed, and his shoulders must have dropped like four inches visibly,” she told BusinessWest. “They were up around his ears, and he just relaxed and dropped his shoulders. And I said to myself, ‘this is why we’re doing this.’”

And doing a lot of this.

There aren’t very many bright spots to be found in the midst of this pandemic, but this is clearly one of them. People across the region are becoming proactive and getting needed documents in place.

And that’s allowing many more people to sigh, relax, and drop their shoulders.

George O’Brien can be reached at [email protected]

Coronavirus

I called Evan Plotkin for a story I was doing on the COVID-19 pandemic and its impact on the commercial real-estate sector.

It’s one of many stories I and others here have been working on as this crisis unfolds, and I had many questions for him involving everything from how property owners can assist tenants hard hit by the virus to what may happen to the office market after all this is over.

And Plotkin, president of NAI Plotkin, a family-owned business that manages a number of properties across the region, was — as he seemingly always is — more than willing to discuss such matters.

But first, he wanted to talk about his mother, Judy.

A resident of a local nursing home, she was displaying symptoms of COVID-19 and had been taken to the hospital. And he was naturally quite concerned. He answered all my questions, but the tone of his voice made it clear that his mind was elsewhere — and where it should have been.

Less than 48 hours later, he posted a message on Facebook that his mother had passed away, providing more tragic evidence of something all of us already knew: this virus wasn’t somewhere else anymore. It’s here. And it’s killing people.

For months, it had been somewhere else. First, it was in China and a place none of us had ever heard of before called Wuhan. Then it was in South Korea, Italy, and Spain. And when it came to this country, it was still somewhere else. It was in Washington State and California, New York and New Jersey.

Not anymore. Now, it’s here.

This became all too apparent during a week we won’t forget, although we’re certain to see more like it.

This was the week we (and everyone else in this country) learned of the tragedy at the Soldiers’ Home in Holyoke. Many heroes of a number of different wars have contracted the virus, and more than a dozen have died, some with strong ties to this area. The sorrow being expressed across the region — almost everyone knows someone in that home or knows someone who has a father or grandfather there — is tinged with controversy surrounding reports of missteps in the handling of the virus and an unwillingness to take the matter as seriously as was necessary.

During that same week, Colleen Loveless, president and CEO of Revitalize Springfield, posted a note on Facebook that her father had died in a Hartford Hospital soon after testing positive for COVID-19.

“This virus is devasting and cruel,” she wrote as she explained that she and other family members could not be with her father as the end came. “His healthcare professionals are heroes! Do your part to help all of us — STAY HOME!”

Loveless, as you might know, was honored by BusinessWest with its Difference Makers Award in 2014. And in the ‘gee, it really is a small world’ department, Evan Plotkin received that same honor a few years later.

It is a small world, and this virus is making it even smaller — in every way we can imagine.

It used to be somewhere else, this virus, this invisible menace. But not anymore. It’s right here, right now.

Plotkin, the Difference Maker, honored for all he has done to help revitalize Springfield and restore the vibrancy he remembered from his youth, wanted to talk about how his mother was a difference maker in her own right.

“She was a career volunteer for Baystate Medical going back to the late 1960s,” he wrote in an e-mail the day before she died. “She served as chair of the board of trustees, the first woman to hold that position. My entire life growing up, I thought my mother was an employee of Baystate; it wasn’t until later on that I realized that she did this as a volunteer.”

Judy died in the hospital she served for so many years on April 3.

And, tragically, she won’t be the last.

In case there was any doubt at all, the virus isn’t ‘somewhere else’ anymore. And it’s time to heed Colleen Loveless’s advice.

George O’Brien is the editor of BusinessWest; [email protected]

Coronavirus

Pitching In

By George O’Brien

It’s called an ‘intubation box,’ or an ‘InTuBox,’ to be more specific.

As that name suggests, this is a box that helps shield healthcare workers while they are intubating a patient, thus helping reduce the likelihood of spreading infection.

Pia Kumar says the product was conceptualized by an anesthesiologist in Taiwan, and in what would still be considered limited use, it has proven successful in doing what it was designed to do. And now, the company she serves as president, Universal Plastics in Holyoke, will start to produce them for healthcare providers, with the first boxes due to roll out of the plant on Whiting Farms Road in Holyoke early next week.

Production of the boxes is part of the company’s efforts — which mirror those of manufacturers across the region and, indeed, across the country — to adjust and retool for what many are calling a ‘wartime’ economy, while helping a healthcare sector desperate for essential equipment.

Indeed, in addition to the intubation boxes, the company is also producing face shields that can be used by those in healthcare industry and other sectors as well. Even individuals with compromised immune systems can use them at a time when everyone is trying to reduce their exposure to the dangerous virus.

Production of those shields commenced recently, and the company is on pace to produce roughly 1,000 of them per day, said Kumar, adding that these efforts were inspired by need, and the company’s desire to help meet it.

In a way, the story of how Universal has launched these initiatives — and how it is carrying out this specific mission — is a microcosm of the many-tentacled saga of COVID-19, touching almost every aspect of the pandemic, from the economic impact to the plight of the healthcare community as it girds for days that will be even worse than they are now, to the manner in which companies and individuals are going above and beyond.

Let’s start with the economic impact. Universal, like most every company in every sector, has been hard hit by the pandemic. Some of its major customers are in aerospace, one of the hardest-hit sectors, and many of its products — from seat backs to tray tables to arm rests — wind up in commercial airliners.

“It’s been very tough … we have a good company and a great workforce, and we’ll rebound from this, but this is certainly a very difficult time,” she explained. “Our number-one business is aerospace and airline interiors, and I don’t have to tell you how that’s doing these days, so our work has really slowed down.”

So the company was looking for ways to keep people employed and also contribute to what in many ways has become a war effort, said Kumar, adding that the company already produces a number of products for the healthcare industry — from diagnostic testing equipment to containers for sharp instruments — and has been hard-pressed by those customers to keep producing them in this time of great need.

“We were seeing how this situation was getting worse and how there was a shortage of PPE [personal protective equipment], and we thought about what we could make in-house that we could give to hospitals and other healthcare provides locally and across the country,” she told BusinessWest, adding that two items that quickly emerged were face shields and the intubation boxes.

With the former, it’s a relatively simple product and one that it is certainly in demand. “We offered it around, and we’re getting a lot of interest from a lot of hospitals,” said Kumar. “That’s because these are reusable, they’re durable, and they can used by a number of people.”

She listed doctors, nurses, anesthesiologists, and workers in nursing homes, among others in the healthcare profession, and even individuals going to the grocery store — although those in healthcare are the company’s first priority.

As for the intubation boxes … as information about the product, which was conceptualized as the COVID-19 virus started its spread, started to filter into the healthcare community, some doctors approached Universal with inquiries about whether it could produce the item.

“It really started just last week,” she explained. “Baystate Medical Center reached out, as did a hospital in Miami, and we just thought the product was practical and made a good deal of sense.”

The company created a prototype and is slated to begin production on April 6, she went on, adding that some orders have been placed for a few hospitals in other markets, and Baystate is currently testing the product.

But producing these items will pose some challenges, said Kumar, noting that many employees at Universal, fearful of the spread of the virus, have not been coming to work.

But production of the face shields and the intubation boxes proceeds as remaining employees press on, assisted by some front-office workers who have stepped into the breach.

“People have rallied behind this PPE effort with the face shield and the intubation boxes,” she told BusinessWest. “Some of the people in our front office are helping with the assembly of these face shields — everyone is pitching in, rallying behind this, and coming together.

“We’re not looking to turn a profit here — we’re selling these items at cost,” she said in conclusion. “We’re just trying to keep ourselves busy and do a little good if we can.”

From all appearances, she and her staff are succeeding with both missions.

George O’Brien can be reached at [email protected]

Coronavirus

Opinion

Everywhere you look, the news on the COVID-19 pandemic is sobering and, in many cases, frightening.

But what we’re reading and hearing about what has gone on at the Soldier’s Home in Holyoke goes beyond that. This news is heartbreaking and, at the same time, disheartening.

We don’t know all the details, but what we do know is that people have died (six was the latest count at press time last week), many others have tested positive for the virus, and protocols were not followed. And it’s clear that the first two developments are a result of the third.

Holyoke Mayor Alex Morse told the media this week that people started dying at the facility very early in March, and no one was told about this — not him, not anyone in state government, and none of the family members of the veterans receiving care at the facility. This at a time when it was clear — or should have been clear to all — that the virus was spreading like wildfire through the facility.

According to various media reports, Morse, frustrated in his efforts to get information and receive assurance that a very dangerous situation was being addressed, resorted to calling Lt. Gov. Karyn Polito. Soon thereafter, a team of health specialists was dispatched to the 68-year-old facility.

As details continue to emerge, the story becomes more distressing and alarming. It appears that, from the start, the virus was not taken seriously, not by Bennett Walsh, the facility’s superintendent, who has since been suspended, and apparently not by Secretary of Veterans’ Services Francisco Urena.

Indeed, there are troubling reports that a Soldiers’ Home staffer who wore protective gear after treating the first veteran who displayed symptoms of the virus was reprimanded for doing so and sent a letter saying his behavior “unnecessarily disrupted and alarmed staff.”

There are other reports that veterans from infected areas were mixed with veterans from other floors, prompting comments that the spread of the virus through the facility could have been halted or slowed.

In comments to the press about the matter, Gov. Charlie Baker called what’s happening at the Soldiers’ Home a “gut-wrenching loss that is nothing short of devastating to all of us.” He went on to say that the first priority is to stabilize the situation and support the health and safety of residents and families, and the second priority is to get to the bottom of what happened.

He’s right, but he can’t forget about the second part of this equation. It seems clear that this situation was mishandled from the beginning and there was a disturbing lack of transparency with regard to how the matter was addressed. People are angry, and they have every right to be.

What’s most disturbing about this travesty is the setting in which it took place. The Soldiers’ Home cares for those who served their country in times of war and then looked to that same country to take care of them when they needed help. To say that the leaders of the Soldiers’ Home failed them — and their families — is a huge understatement.

As one family member of a resident told the media, “there are a lot of heroes in that building.” He’s right, and those heroes certainly deserve better.

Coronavirus Sections Special Coverage

Strong Medicine

As COVID-19 continues to upend nearly every aspect of life in the U.S., Congress has been working to relieve suffering Americans. Having passed the Families First Coronavirus Response Act on March 18 in an effort to limit the spread of the pandemic and support relief efforts, Congress turned to stabilizing the economy. After days of furious negotiations between Republicans and Democrats on Capitol Hill and Trump administration officials, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. With a $2.2 trillion price tag, the act is the most expensive piece of legislation ever passed.

The act passed in the Senate by a unanimous vote late on March 25 and was passed in the House of Representatives on March 27. The President signed the bill into law later that day.

The CARES Act looks to make a significant impact on the economy by providing loan forgiveness, supporting small businesses, enhancing unemployment insurance, and providing federal loans to industries severely impacted by the pandemic. In addition, it provides tax relief and tax incentives for individuals and businesses alike. The majority of the tax relief is designed to increase liquidity in the economy, largely through the relaxation of limitations on business deductions and the deferral of taxes, but also with the introduction of recovery rebates for individuals.

In this article, Meyers Brothers Kalicka, P.C., in conjunction with its affiliation with CPAmerica, presents some of the key elements of the CARES Act and how they will impact individuals and businesses.

INDIVIDUAL TAX RELIEF

Recovery Rebates

The most well-publicized provision is the $1,200 recovery rebates for individual taxpayers. The rebate amounts are advance refunds of credits against 2020 taxes, and equal to $1,200 for individuals, or $2,400 for joint filers, with a $500 credit for each child. The amount of each rebate is phased out by $5 for every $100 in excess of a threshold amount. This threshold amount is based upon 2018 adjusted gross income (unless a 2019 return has already been filed), and the phaseout begins at $75,000 for single filers, $112,500 for heads of households, and $150,000 for joint filers. Thus, the rebates are completely phased out for single filers with 2018 (or 2019, if applicable) adjusted gross income over $99,000, heads of household with $136,500 (or higher, depending upon whether status is established because of children), and joint filers with $198,000.

In order to be eligible for a recovery rebate, the individual must not be: (1) a non-resident alien, (2) able to be claimed as a dependent on another taxpayer’s return, or (3) an estate or trust, and must have included a Social Security number for both the taxpayer, the taxpayer’s spouse, and eligible children (or an adoption taxpayer identification number, where appropriate). The act includes additional rules for the application of the credit.

The Secretary of the Treasury has been directed to provide the rebate as rapidly as possible.

Retirement Plans

The CARES Act also waives the 10% penalty on early withdrawals up to $100,000 from qualified retirement plans for coronavirus-related distributions. For purposes of the penalty waiver, a coronavirus-related distribution is one made during the 2020 calendar year to an individual (or the spouse of an individual) diagnosed with COVID-19 with a CDC-approved test, or to an individual who experiences adverse financial consequences as a result of quarantine, business closure, layoff, or reduced hours due to the virus. Any income attributable to an early withdrawal is subject to tax over a three-year period, and taxpayers may recontribute the withdrawn amounts to a qualified retirement plan without regard to annual caps on contributions if made within three years.

This relief is commonly granted by Congress in the wake of major disaster declarations, such as those made after a major hurricane.

The act also waives all required minimum distributions for 2020, regardless of whether the taxpayer has been impacted by the pandemic.

Charitable Contributions

The CARES Act enhances tax incentives for making charitable contributions for the 2020 tax year. First, it allows an above-the-line deduction of up to $300 for charitable contributions made by individuals. This allows an individual to claim a deduction for a charitable contribution, even if the individual does not itemize deductions.

Additionally, the percent-of-adjusted-gross-income (AGI) limitations are increased for all taxpayers as well as for specific types of contributions. For the 2020 tax year, individuals can claim an unlimited itemized deduction for a charitable contribution, which is normally limited to 50% of AGI. In the case of corporations, the usual 10%-of-AGI limitation is increased to 25% for the 2020 tax year. Finally, the contribution of food inventory, the deduction for which is normally limited to 15% of AGI, is increased to 25% for the 2020 tax year.

Student Loans Paid by Employers

The act provides for an exclusion of up to $5,250 from income for payments of an employee’s education loans. In order for the exclusion to apply, the loan must have been incurred by the employee for the education of the employee (so, for example, the loan must not have been incurred to pay for the education of the employee’s child). The payment can be made to the employee or directly to the lender. The exclusion only applies for payments made by an employer after the date of enactment and before Jan. 1, 2021.

The $5,250 cap applies to both the new student-loan repayment benefit as well as other educational assistance (e.g., tuition, fees, books) provided by the employee.

BUSINESS TAX RELIEF

Employee Retention Credit

The CARES Act grants eligible employers a credit against employment taxes equal to 50% of qualified wages paid to employees who are not working due to the employer’s full or partial cessation of business or a significant decline in gross receipts. The credit is available to be claimed on a quarterly basis, but the amount of wages, including health benefits, for which the credit can be claimed is limited to $10,000 in aggregate per employee for all quarters. The provision contains several requirements defining qualified wages, qualified employees, and qualified employers. The credit applies to wages paid after March 12, 2020 and before Jan. 1, 2021.

This is very similar to the paid leave credits granted to employers under the Families First Coronavirus Response Act signed into law on March 18, with some changes to the requirements. Most significantly, neither the employee nor the employer have to be directly impacted by infection.

This is also similar to the employee retention credits Congress provides after major disasters, but with different requirements and limitations.

Payroll Tax Deferral

In order to free up employers’ cash flow and retain employees during times of quarantine or shutdown, the CARES Act defers the payment of payroll taxes. Payroll taxes due from the period beginning on the date the CARES Act is signed into law and ending on Dec. 31, 2020, are deferred. The 6.2% OASID portion of payroll taxes incurred by employers, and 50% of the equivalent payroll taxes incurred by self-employed persons, qualify for the deferral. Half of the deferred payroll taxes are due on Dec. 31, 2021, with the remainder due on Dec. 31, 2022.

Net Operating Losses

The act allows for a five-year carry-back of net operating losses (NOLs) arising in 2018, 2019, or 2020 by a business. Businesses will be able to amend or modify tax returns for tax years dating back to 2013 in order to take advantage of the carry-back. Under current law, only farming NOLs are allowed to be carried back, and the carry-back is limited to two years.

The Tax Cuts and Jobs Act (TCJA) eliminated the carry-back of NOLs for tax years ending after 2017 and allowed for the indefinite carry-forward for NOLs. Prior to the TCJA, an NOL could be carried back two years, with longer carry-back periods for NOLs arising from a casualty or declared disaster or farming losses.

The CARES Act also eliminates loss-limitation rules applicable to sole proprietors and pass-through entities to allow them to take advantage of the NOL carryback. Additionally, the act allows for NOLs arising before Jan. 1, 2021 to fully offset income. Under current law, NOLs are limited to 80% of taxable income.

Minimum Tax Credits

The TCJA eliminated the alternative minimum tax for corporations for tax years after 2017, but allowed corporations to claim a refundable portion of any unused minimum tax credits through 2021. The amount of the refundable credit is limited to 50% of any excess minimum tax in 2018 through 2020, before being fully refundable in 2021. The act accelerates the year for which a fully refundable credit can be claimed to 2019, and allows corporations to elect to claim the fully refundable minimum tax credits in 2018.

Business Interest Expense Limitation

The TCJA limited the amount of allowable deductions for business interest (regardless of the type of entity) for tax years beginning after 2017. The limitation is generally the amount of business interest income for the year plus 30% of the taxpayer’s adjusted taxable income for the year. The limitation does not apply to taxpayers with average annual gross receipts for the prior three year below an inflation-adjusted amount. For 2020, this amount is $26 million or less.

The act increases the limitation amount to 50% of the taxpayer’s adjusted taxable income for 2019 and 2020 (with a special allocation election required for partnerships for 2019). In calculating the limitation for 2020, the taxpayer may elect to use adjusted taxable income for 2019.

The option to use 2019 adjusted taxable income in calculating the limitation is meant to counteract the likelihood that incomes will not be higher in 2020 because of the economic environment, whereas 2019 was generally a very high revenue year for businesses.

Qualified Improvement Property

When Congress drafted the TCJA, it allowed for 100% bonus-depreciation rules to apply to all MACRS property with a recovery period of 20 years or less. Before the TCJA, qualified improvement property was depreciated as 39-year residential real property, unless it separately qualified as 15-year qualified leasehold improvement property, 15-year retail improvement property, or 15-year restaurant property. Congress eliminated the three separate categories of 15-year improvement properties with the intention of making all qualified improvement property 15-year property. However, it failed to do so, and as a result, qualified improvement property is depreciated as 39-year property and not qualified for bonus depreciation.

This is known in tax circles as the ‘retail glitch.’ A technical amendment has long been promised and had been included in early drafts of several pieces of legislation since the TCJA became law in December 2017. However, it never made it into the final version of any piece of significant legislation voted on by either chamber of Congress.

The CARES Act corrects this congressional oversight by defining qualified improvement property as 15-year property, thus allowing 100% of improvements to be deducted in the year incurred. The change is made as if included in the TCJA and, thus, is effective for property acquired and placed in service after Sept. 27, 2017.

The closures and quarantines related to the COVID-19 pandemic have been especially hard on small businesses, which include restaurants and local retail stores. This technical correction allows any expenses incurred by owners to make improvements to the physical premises related to these businesses to be accelerated into the 2017 or 2018 tax year on an amended return, or the 2019 tax year on a return due July 15, 2020.

Excise Tax Relief

The act also provides a temporary exception from alcohol excise taxes for alcohol for use in or contained in hand sanitizer produced or directed by the U.S. Food and Drug Administration related to the pandemic. The act also suspends excise taxes on aviation and kerosene used in aviation fuel. The exception and suspensions are applicable to 2020 only.

ADDITIONAL PROVISIONS

The CARES Act is a massive act, the majority of which does not have a tax impact. However, some smaller, but no less significant, provisions impacting federal tax are sprinkled outside of the tax-related division of the act. These provisions include:

• The exclusion from tax of any forgiven small-business loans, mortgage obligations, or other loan obligations forgiven by the lender during the applicable period;

• A safe harbor from the definition of a high-deductible health plan permitting telehealth services to be included, even though such services do not carry a deductible;

• The inclusion of over-the-counter menstrual products as qualified medical expenses for purposes of distributions from health savings accounts and health flexible spending arrangements;

• Pension funding relief for failures to meet contribution requirements to defined benefit plans during 2020; and

• Allowing certain charitable employers whose primary exempt purpose is providing services to mothers and children to use small employer charity pension plan rules.

Coronavirus

Quick Action

Mike Vann says the phone started ringing only a few moments after the e-mail blast went out last Friday to clients and other companies across the region.

It wasn’t a flood of calls, but there were several, and he expects there to be many more in the days and weeks to come. That because his company, the Vann Group, a business consulting firm with a number of specialties, has assembled what it is calling a ‘COVID-19 Crisis Response Team’ to help businesses deal with the fallout from the pandemic.

And a good number of businesses are already in what could be called crisis mode, and the ones that aren’t will likely end up there.

“A lot of companies are going to hit with serious cash-flow issues; if they’re not there now, we probably will be at some point,” he said, adding that a major trust of this new service will be helping companies make sense of the massive, $2 trillion federal stimulus package passed last week, as well as other forms of assistance, and decide which path is best for them.

“There’s a number of different options there — there’s the payroll-protection program within the CARES Act, which will certainly get the most attention, but there’s also the SBA disaster loans and whatever the states are doing,” he explained. “And there’s a variety of options on the federal side; we’ll help people navigate what makes the most sense.”

Vann said creation of the team — comprised of himself, his father and company founder Kevin Vann, and Vann employee Nick Carella — was inspired by incoming calls from clients who had questions that needed answering and a desire to get on top of the situation, to whatever extent that’s possible.

“They’re calling and asking, ‘what does this mean, how do we go about it?’” he noted. “So we thought we would try to get ahead of it a little bit and formalize something so people know they can come to us to help them out.”

The team will provide resources and guidance to support businesses as they navigate those critical strategic, financial, and general business issues that are impacting their organization. More specifically, the team will be assisting organizations with:

• Assistance with the identification and submittal of applications for grants, loans, and other relief programs that a business may qualify for;

• Negotiation support with lenders, landlords, and vendors as well as practical guidance on how to deal with hard business issues; and

• Development of cash-flow models to provide a plan for managing the financial aspects of the business, which will be necessary in determining loan and grant requests.

The team is also launching what it’s calling the “Getting to Next” workshop to help individual companies formulate a strategic action plan for getting through the current period of uncertainty while being ready to capitalize on opportunities once the curve is flattened. The facilitated session is approximately two to three hours and results in a clear and concise plan of attack for the next 30-90 days.

Vann told BusinessWest that how companies respond to the many challenges they’re facing in the coming weeks will be critical to their survival. In such an environment, a proactive response is needed, he added.

Looking for such a response, a number of companies have already called looking for help. And, as might be expected, they cover a wide spectrum of business sectors because virtually all of them are being impacted in some way, shape, or form.

“We’ve heard from financial-services companies, a printing company, a landscaper, and some pretty good-sized service businesses,” he noted. “And, of course, there’s the restaurant scene as well; it runs the gamut.”

Some of these businesses were existing Vann Group clients, but others were not, he went on, adding that this could well become a solid opportunity for the firm.

“A lot of business owners will need help with just stabilizing the business,” he told BusinessWest. “That includes cash-flow projections and looking out from that standpoint, because we’re in completely uncharted territory.”

—George O’Brien

Coronavirus Sections Special Coverage

A New Reality

The massive federal stimulus that took shape last week brought some clarity to how the government would address troubling impact of COVID-19 and the large-scale economic shutdown that has emerged in response to this public-health crisis. Other efforts on the state and local levels aim to help businesses and families struggling with job loss and the suspension of livelihoods. Of course, the true relief will come when this viral threat subsides and businesses ramp back up. But no one knows exactly when that will be.

The news came in quickly — and landed hard.

Last Thursday morning, the Department of Labor issued its first unemployment-claims report since much of the country began implementing, in various ways and at various speeds, some form of economic shutdown to slow the spread of coronavirus and the respiratory illness it causes, known as COVID-19.

The news was not good. The number of Americans filing for unemployment benefits skyrocketed to a record-breaking 3.28 million for the week ended March 21 — nearly doubling expectations of 1.64 million claims. The previous record was 695,000 claims filed during October 1982.

It’s a big problem — and sometimes, big problems require big solutions. Which is why lawmakers in Washington spent much of last week hammering out a $2 trillion stimulus package aimed at helping families facing sudden job loss, small-business owners trying to survive, and entire battered industries ride out what is increasingly looking like a severe disruption to America’s economic way of life.

“Business owners … will be receiving a lifeline from the federal government that is unprecedented in scope, speed, and breadth,” Scott Foster, a partner with Bulkley Richardson, said the morning after details of the stimulus became known.

Among its many provisions, the Keeping American Workers Paid and Employed Act appears to apply to every for-profit business with fewer than 500 employees, including sole proprietors, Foster noted. The act would allow these businesses to obtain a loan — at 4% interest with a 10-year repayment term — to cover payroll costs, including healthcare premiums and paid time off, rent, utilities, mortgage payments (interest, not principal), and interest on other pre-existing loans for any eight-week period falling between Feb. 15 and June 30.

“To summarize, if you are a business and are willing to keep your employees on the payroll, pay your rent or mortgage, and stay in business, the federal government is prepared to pay your rent, your utilities, and your payroll — for employees making under $100,000 annually — for eight weeks, and the payment is tax-free,” Foster said. “It sounds too good to be true, but the public policy is sound — the easiest and best way to get financial support to the most Americans is through their employers.”

Unlike most other loans, this one will be forgiven in an amount equal to the sum of payroll costs, payments of interest on any covered mortgage, payments on any covered rent obligations, and covered utility payments. And to encourage businesses to retain their employees, the amount to be forgiven would be reduced if the business reduces its workforce.

“Business owners … will be receiving a lifeline from the federal government that is unprecedented in scope, speed, and breadth.”

Families will receive a simpler but shorter-term fix — a tax rebate totaling $1,200 for most adults and $500 for each child — which will be distributed as checks in the coming weeks. Meanwhile, states will get help in the form of a $150 billion grant fund, to be distributed proportional to population size, with a minimum of $1.25 billion for states with the smallest populations.

For many of the impacted, it’s a start, at a time of unprecedented anxiety — after all, the country has never voluntarily shut down activity on a massive scale due to a health threat, or for any other reason. This issue of BusinessWest details many of the ways businesses and families are coping, and plenty of advice from local professionals on the best ways to do so. It’s a story that changes by the day, but read on for a snapshot of where we are now.

Targeted Assistance

For many, the COVID-19 threat really hit home the morning — March 23, to be exact — when Gov. Charlie Baker issued an emergency order requiring all businesses and organizations that do not provide “COVID-19 essential services” to close their physical workplaces and facilities to workers, customers, and the public at least until April 7, while continuing to operate remotely when possible.

Those ‘essential’ businesses include healthcare and public health; law enforcement, public safety, and first responders; food and agriculture; critical manufacturing; transportation; energy; water and wastewater; public works; communications and information technology; financial services; defense industry base; chemical manufacturing and hazardous materials; and news media.

Everyone else is being asked to work at home, and most area companies were already moving in that direction before Baker’s mandate. The Springfield Regional Chamber polled its members last week about how the order impacted their operations. Almost two-thirds — 62% — said their employees were already working remotely, 27% said they began remote work after March 23, and 11% said they temporarily closed all operations because they cannot work remotely.

The threat of a longer shutdown looms, and may be foreshadowed by the governor’s order last week to keep all schools and most childcare programs closed at least until May 4, while requesting that educators gear up for the long haul by developing and enhancing online-learning capabilities.

“It sounds too good to be true, but the public policy is sound — the easiest and best way to get financial support to the most Americans is through their employers.”

In the meantime, a number of relief efforts have popped up at the federal, state, and local levels. For example, the U.S. Small Business Administration (SBA) will offer low-interest federal Economic Injury Disaster Loans for working capital to Massachusetts small businesses suffering substantial economic injury as a result of COVID-19. Applicants may apply online at disasterloan.sba.gov/ela.

This week, the Baker-Polito administration also announced economic support for Massachusetts small businesses with the Small Business Recovery Loan Fund, a $10 million fund that will provide emergency capital up to $75,000 to Massachusetts-based businesses impacted by COVID-19 with under 50 full- and part-time employees, including nonprofits. The application is at empoweringsmallbusiness.org.

Meanwhile, Common Capital offers a Fast Track Loan Program to address the needs of local businesses that need quick access to capital. Applicants seeking funding from the program to help mitigate the effects of the COVID-19 pandemic can contact Kim Gaughan, loan fund manager, at (413) 233-1684 or [email protected] for more information.

The Baker-Polito administration also announced steps last week to keep vulnerable families in their homes, preserve the health and safety of low-income renters and homeowners, and prevent homelessness due to reduced or lost income. Specifically, the Department of Housing and Community Development (DHCD) will temporarily suspend terminations of federal and state rental vouchers under its purview, while MassHousing is transferring $5 million to the DHCD for a COVID-19 Rental Assistance for Families in Transition fund to assist families facing rent insecurity.

In addition, the state Division of Banks has issued new guidance to financial institutions and lenders urging them to provide relief for borrowers — several banks have already committed to do so — and will advocate for a 60-day stay on behalf of all homeowners facing imminent foreclosure on their homes. Finally, affordable-housing operators are being urged to suspend non-essential evictions for loss of income or employment circumstances resulting in a tenant’s inability to make rent.

Meanwhile, Massachusetts will delay the collection of sales tax, meals tax, and room-occupancy taxes in the restaurant and hospitality sector for up to three months, while waiving all penalties and interest. And, of course, the IRS has informed all taxpayers that this year’s filing deadline has been moved forward three months to July 15.

Nonprofits are being squeezed by the crisis as well. In response, the Community Foundation of Western Massachusetts (CFWM) established the COVID-19 Response Fund for the Pioneer Valley with a lead gift of $1 million from MassMutual and contributions from a number of area businesses. The fund will provide resources to Pioneer Valley nonprofits serving populations most impacted by the crisis, such as the elderly, those without stable housing, families needing food, and those with health vulnerabilities. To make a gift, visit communityfoundation.org/coronavirus-donations or e-mail [email protected].

Meanwhile, Berkshire United Way and Berkshire Taconic Community Foundation have established the COVID-19 Emergency Response Fund for Berkshire County to rapidly deploy resources to community-based organizations as they respond to the impact of the coronavirus in Berkshire County. Numerous corporate funders have already emerged. To donate, visit berkshireunitedway.org/donate. Nonprofits can request funds at berkshireunitedway.org.

Finally, to help individuals in need, the United Way of Pioneer Valley established the COVID-19 Recovery and Relief Fund to provide aid and resources to those affected by the current public-health emergency. Funds collected will help families and individuals impacted by the pandemic to meet their basic, childcare, housing and financial needs. Visit www.uwpv.org for more information.

Hunkering Down

Resources such as these are critical because there’s really no telling when the region and country can return to some semblance of economic normalcy. Judging by what the medical community knows about how aggressively coronavirus spreads, the health costs of emerging from this collective cocoon too soon are too great — the healthcare system would simply be overrun. That’s why ‘flattening the curve; has become the watchword of the day.

Unfortunately, many businesses feel overrun in a different way. The Springfield Regional Chamber conducted a different poll recently, asking members what level of impact they expect the COVID-19 crisis have on their business.

More than four-fifths have major concerns; 34% say the crisis may put them out of business, while 47% say it will significantly impact their financials. Another 15% say they’ll be impacted financially but expect to weather the storm, while 4% say it’s too early to know.

In many ways, it’s too early to predict many things related to COVID-19 and its impact. Meanwhile, a nation increasingly shelters in place, seeking relief and solutions where they can find them, and hoping for the best.

Joseph Bednar can be reached at [email protected]

Coronavirus

By George O’Brien

By most accounts, this region is still in the beginning stages of the COVID-19 pandemic. Many of the experts are saying it will several months before things will return to something approaching ‘normal.’

But while we have a long way to go, it’s certainly not too early to begin speculating about what ‘normal’ will be, whenever we get there. And it’s fair to say that ‘normal’ won’t look like it does now. In fact, it could look much different because of what we’re all experiencing — and what we’re all learning — during these unprecedented times.

Some questions come to mind even as we’re only about a week into the state’s shutdown of non-essential businesses. In no particular order:

• Will men ever wear ties again?

• Will anyone ever print out a document again?

• Will anyone ever go into a bank branch again?

• Will anyone visit a car dealership again?

• Will companies ever again lease out all the space they’re leasing out now?

• Will we still need college campuses?

• Will we ever need to meet anyone in person again?

The answer to all these questions is ‘yes.’ But the more accurate answer, when we examine things closely, is probably ‘yes, but certainly not as much.’

OK, maybe guys will go back to wearing ties as much as they used to, but … then again, maybe not. Probably not. A good number of them had decided they no longer needed to long before this crisis, and now, this club, if that’s what you want to call it, is certain to get bigger. Maybe much bigger.

As for the rest of those questions, life with COVID-19 has certainly changed how we do things, and maybe for the rest of time, not just until we get that signal that it’s safe to go back in the water, whenever that might be.

Let’s start with paper. Most offices were at least trying to use less paper, but many weren’t exactly fully committed to the task. Now, as offices are relying on other forms of communication, and in many cases, they can’t hit the ‘print’ button, many are learning that it’s OK not to have a print copy of everything. And when the smaller bill comes in from the office-supply company, it’s a good bet that things won’t go back to the way they were.

As for leasing office space, some companies will go back to the same footprint. But it’s safe to say many will find that having employees work at home when they can isn’t just for snowstorms and pandemics. Not everyone wants to work at home, certainly, but if the spouse and the children are not at home at the same time as you are when you’re working — unlike now — it begins to look more doable and more attractive.

Yes, there are limitations, and some people have already found that working at home is like being retired in that you lose track of the day and date. Meanwhile, it can be lonely, and many are finding they need to be around others and just hear the sound of a human voice. But now that some are doing it, they find they can do it.

Bank branches? Some young people can boast that they’ve never been in one. And now, many who are not so young are joining those ranks. People who were intimidated by new banking technology found themselves without a choice — and many have now found themselves saying ‘that wasn’t so bad’ or even ‘that’s pretty cool.’ And, by that way, the same goes for office technology as well.

As for meeting people face to face, this will probably stage some kind of comeback. Skype, Zoom, and all those other platforms are fine, but there’s nothing like sitting across the desk or the coffee-shop table from someone. Although … many people are starting to think those aforementioned options are almost as effective, and they save time, gas, and money. They’ve been around for a while, but now that people have a need to use them, they are.

This doesn’t mean auto dealers, bankers, college presidents, and insurance agents won’t ever meet as a group or an association again. But technology is now showing us that there are other ways to meet collectively.

As noted, we’re still in the beginning stages of this crisis, but we’re already learning things. We’re learning that the technology we were afraid to use for some reason is nothing to be afraid of. We’re also learning new and different ways to do things, and it’s likely we’ll keep doing them that way when this crisis is over.

That’s why things on the other side will certainly look much different.

George O’Brien is the editor of BusinessWest.

Coronavirus Opinion

Opinion

By George O’Brien

 

Remember that classic scene in Young Frankenstein (even you Millennials have seen it, I’m sure) when Gene Wilder (Dr. Frederick Frankenstein, pronounced Frankensteeen), and Marty Feldman (Igor) are in the graveyard digging up the corpse that will become the monster. Wilder says, “what a filthy job!” Feldman says, “it could be worse.” Wilder asks, “how could it possibly be worse?” Feldman says, “could be raining.”

And then it starts pouring.

Life has felt like that these past few weeks. Someone will say, ‘how could it be worse?’ And it starts raining, in a proverbial sense. People have lost their jobs. Businesses have lost some, most, or all of their revenue streams. People are running out of toilet paper — or they’re really, really afraid that they will. We lost Tom Brady to the Tampa Bay Buccaneers! (The who?) People stuck at home are losing their patience, if not their minds, and we’re just really getting started with this pandemic. And then it snowed on Monday!

There are no sports! How many times can we watch the Patriots beat the Falcons in replays of Super Bowl LII? We know how it ends! The Masters has been postponed if not cancelled. Golf courses are apparently not on the ‘essential’ businesses list put out by the governor’s office. How can golf courses not be on the essential businesses list?

If anyone says ‘it could be worse,’ our immediate temptation is to say, ‘no, it can’t.’

To borrow from Dickens, these really are the worst of times. This is worse than any downturn in the economy, worse than 9/11, worse than the Great Recession. It’s worse because there is so much uncertainty — about today, tomorrow, three months from now, and a year from now.

Not only that, but life is different now. Everything is weird. If we’re actually out on the sidewalk walking and we approach other people, we avoid them like a game of Frogger. If we’re out at the store, we look at everyone as if they might have the virus, and the look isn’t a good one.

Everyone is on edge about their jobs, their life savings, their 401(k), their health, the health of their loved ones. You can see it in their faces, and if you’re talking to them on the phone (which we all are), you can hear in their voices. You can also hear them yawn, because people are not sleeping, by and large. Who could sleep with all this going on?

If we’re actually out on the sidewalk walking and we approach other people, we avoid them like a game of Frogger.

And yet, there is something else, something far more powerful and positive going on, and it’s worth noting.

Yes, there are now security guards and even off-duty police in the toilet-paper aisle in many supermarkets. And yes, sales of guns and ammo are skyrocketing. And yes, we’re already starting to see a rise in reported instances of domestic violence. But despite all this, it’s abundantly clear to me that people are caring more about each other.

And it’s about time.

People don’t just put their initials at the end of an e-mail anymore. They say ‘be well,’ ‘stay well,’ or ‘take care of yourself.’ And they mean it. People are bringing food and coffee to those who are shut in (and that’s most people now). Co-workers are being nicer to each other. When I dropped off the golf cart at a club in Connecticut last Saturday, I walked over to the attendant who was parking it — someone who would likely be unemployed in about 27 hours — and said (from six feet away), “good luck to you — hope you get through this OK.” And I meant it.

You’re seeing a lot more of that these days, and this, more than anything else, will get us to the other side — whenever and whatever that happens to be.

Yes, it could be worse. It could be raining. It seems like it’s already raining — pouring, in fact. But there’s a little sunlight trickling in.

And it might be just enough.

George O’Brien is the editor of BusinessWest.

Coronavirus

Novel Solutions

By John S. Gannon, Esq. and Erica E. Flores, Esq.

It has only been a few weeks since the novel coronavirus made its way to our shores, but life as we know it has changed completely and will, perhaps, never be quite the same again. After a near-record-low unemployment rate in February, nearly 3.3 million Americans filed for unemployment benefits last week, a figure that shattered the previous record of about 700,000 set back in 1982. The report confirms what the plunging securities markets have foreshadowed for the past few weeks — that the coronavirus is killing more than just those who are losing their lives to the disease; it is killing businesses and livelihoods as well.

How long this crisis will continue is impossible to predict. Health experts warn against lifting stay-at-home orders, opening non-essential businesses, and loosening social-distancing recommendations too early; economists worry that the economic consequences will be worse for Americans than the actual disease. But however long this new normal persists, the country has borne witness to another unbelievable sight, a welcome bright spot amid so much uncertainty — a sharply divided Congress coming together to try to mitigate the crisis.

Its first emergency measure? Legislation called the Families First Coronavirus Relief Act (FFCRA). It imposes significant new obligations on all private employers with fewer than 500 employees. Below is a summary of this unprecedented new law.

What new rights does the FFCRA provide to employees? The FFCRA requires covered employers to provide the following to all employees:

• Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay if the employee is unable to work or telework because the employee (1) has been quarantined (either by government order or on the advice of a healthcare provider) and/or (2) is experiencing COVID-19 symptoms and seeking a medical diagnosis. Employees will be paid their full wages, up to a maximum of $511 per day ($5,110 total) for these sick-leave reasons; and

• Two weeks (up to 80 hours) of paid sick leave at two-thirds the employee’s regular rate of pay if the employee is unable to work or telework because the employee (1) must care for someone who has been quarantined (again, either by government order or on the advice of a healthcare provider), (2) must care for a minor child whose school or childcare provider is closed or unavailable due to the virus, and/or (3) is experiencing a “substantially similar condition,” which has yet to be defined but will be the subject of regulations to be issued by the Department of Health and Human Services. Employees will be paid two-thirds of their wages up to a maximum of $200 per day ($2,000 total) for these sick-leave reasons.

• Employees who have been employed by a covered employer for at least 30 days may also take an additional 10 weeks of paid leave at two-thirds their wages to continue to provide care for a minor child whose school or childcare provider remains closed or unavailable due to the virus. This also caps out at $200 per day.

How are we going to pay for this? Important question! Qualified employers that pay sick leave will receive a dollar-for-dollar reimbursement through tax credits for all qualifying wages paid under the FFCRA, up to the appropriate daily and aggregate payment caps. Here’s how the IRS explained it will work:

• If an eligible employer paid $5,000 in sick leave and is otherwise required to deposit $8,000 in payroll taxes, including taxes withheld from all its employees, the employer could use up to $5,000 of the $8,000 in taxes it was going to deposit for making qualified leave payments. The employer would only be required under the law to deposit the remaining $3,000 on its next regular deposit date.

• If an eligible employer paid $10,000 in sick leave and was required to deposit $8,000 in taxes, the employer could use the entire $8,000 of taxes in order to make qualified leave payments and file a request for an accelerated credit for the remaining $2,000.

In its guidance, the IRS also stated that “reimbursement will be quick and easy to obtain. An immediate, dollar-for-dollar tax offset against payroll taxes will be provided. Where a refund is owed, the IRS will send the refund as quickly as possible.” Let’s hope this rings true.

Which employers are covered by the FFCRA? The FFCRA covers certain public employers and all private employers with fewer than 500 employees. For purposes of this count, employers must include all full-time and part-time employees in the U.S. (or any U.S. territory or possession), including any employees who are on leave, as well as temporary employees and day laborers supplied by an agency (with limited exceptions). Independent contractors need not be counted, but employers who may be a joint employer with another business or are owned even in part by another entity should consider consulting an employment attorney for additional guidance.

Are any employers exempt from the FFCRA? Small businesses with fewer than 50 employees may qualify for exemption from the requirement to provide sick time or FMLA leave due to school closings or the unavailability of childcare if doing so would “jeopardize the viability of the business as a going concern.” Regulations outlining this exemption are expected to be published by the Department of Labor in April.

When does this go into effect, will this leave be available forever, and do we need to notify employees? The law is effective April 1, 2020, and expires on December 31, 2020. And, yes, employers are required to post a notice in the workplace on the FFCRA requirements in a conspicuous place.

We are facing an extraordinary crisis. While this law will certainly be a challenge for employers to grapple with, it is important legislation that helps keep workplaces safe by encouraging sick employees to stay home. It also provides much-needed job and financial protection to employees who are home with their children because schools and daycares are closed. One piece of advice: don’t wait until the sick-leave requests start coming to get your questions answered. Our firm has been working around-the-clock with businesses and organizations that understand they need to plan now for the impact of this historic legislation. Be as prepared as possible, and stay safe.

John S. Gannon and Erica E. Flores are attorneys at the law firm Skoler, Abbott & Presser, P.C. in Springfield; (413) 737-4753; [email protected]; [email protected]

Coronavirus

Bold Response to a Crisis

By Scott Foster

The CoronaCrisis has been a roller coaster for business owners. Starting almost a month ago, the rumblings of disruption began and have now erupted into complete and utter chaos. Business owners have been forced to make stark decisions — restaurant owners laying off their entire workforce; ‘non-essential’ businesses shutting down on 36 hours notice; whether and how to support employees facing three, then six weeks of cancelled school; supply-chain disruptions; canceled orders; canceled events; and more. Business owners have openly wondered, ‘how will my business survive?’

Fortunately, once the legislation pending in the U.S. Senate becomes law, which is widely expected, business owners — including sole proprietors and gig-economy workers — will be receiving a lifeline from the federal government that is unprecedented in scope, speed, and breadth.

Coined the Keeping American Workers Paid and Employed Act, the proposed provisions would appear to apply to every for-profit business with fewer than 500 employees (again, including sole proprietors). The act would allow these businesses (whether a corporation, LLC, partnership, or some other form of entity) to obtain a loan to cover payroll costs, including healthcare premiums and paid time off, rent, utilities, mortgage payments (interest, not principal), and interest on other pre-existing loans for an eight-week period falling between Feb. 15 and June 30, with a maximum loan amount of $10 million. The loan would be non-recourse, require no security or personal guarantees, and bear interest of only 4% with a repayment period of 10 years.

But this is not like any other loan ever offered. This loan would be forgiven in an amount equal to the sum of payroll costs, payments of interest on any covered mortgage, payments on any covered rent obligations, and covered utility payments. The amount to be forgiven would be reduced if the business reduced its workforce, and the forgiveness would not apply to payroll costs of any employees who were paid more than $100,000 in 2019. And the best part, unlike other debt that is forgiven by the lender, any amount forgiven under this program will be excluded from gross income.

To summarize, if you are a business and are willing to keep your employees on the payroll, pay your rent or mortgage, and stay in business, the federal government is prepared to pay your rent, your utilities, and your payroll (for employees making under $100,000 annually) for eight weeks, and the payment is tax-free. It sounds too good to be true, but the public policy is sound — the easiest and best way to get financial support to the most Americans is through their employers (especially in this time of historically low unemployment). 

We would expect loans under this program to start being processed by late April or early May, with funding happening as soon as the loans can be closed. The program is relying on banks and commercial lenders to aggressively participate as the primary lenders under the program, so you should be able to continue working with your current bank. 

Given the tight timeframe and the unprecedented scope of this program, Bulkley Richardson is preparing for an unusually high level of lending in the local market and will be prepared to help our clients navigate this new program, get the necessary loans, and submit the backup needed to qualify for the forgiveness.

Scott Foster is a partner at Bulkley Richardson.

Coronavirus

Participants Say It’s Anything but Business as Usual

By George O’Brien

If you call the Employers Assoc. of the Northeast these days, the person at the other end of the line will likely ask you if you want the agency’s hotline.

Almost everyone does.

“We’re getting inundated — we’re getting more calls in a day than we would get in a week or two,” said Meredith Wise, EANE’s executive director, who told BusinessWest the calls vary in nature, but the vast majority of them have to do with workforce issues — whether to lay off people in the wake of this virus or furlough them (we’ll explain the difference in a minute), and how to somehow keep them if they are laid off. But there are other matters as well, especially the many evolving layers of support on the state and federal levels.

“People don’t know what to do, and they’re looking for help — they’re looking for answers, because there’s so much uncertainty, and the picture seems to change every day and even every hour,” said Wise, adding that the COVID-19 pandemic is challenging businesses of all sizes as they have probably never been challenged before.

Wise was one of several area business leaders who took part in a roundtable on this virus and the many ways it is impacting the business community — a different kind of roundtable, to be sure. Indeed, there was no actual table, round or otherwise; this was all done via a conference call and some subsequent follow-up interviews as the scene changed. (Editor’s Note: that scene continues to change, and this story will be updated as needed at businesswest.com.)

Through these discussions, we learned what should seem obvious — that, at this time, it isn’t ‘business as usual’ for anyone, and for many, there is no business at all. But we also learned that, in some cases, there is something approaching business as usual, as legal transactions and real-estate deals, both commercial and residential, move forward. Meanwhile, the marketing expert we spoke with had a simple message for businesses of all kinds — “don’t stop communicating.”

Here are the highlights from this COVID-19-style roundtable:

At the EANE

Wise told BusinessWest that, understandably, employers are on edge as they see revenue sources dry up and cash flow interrupted. A good number of calls to the hotline concern what to do with employees — lay them off, furlough them, or try somehow to keep them on, especially if the stimulus package currently being debated includes provisions that provide small businesses access to private bank loans equal to several months of expenses (payroll, rent, utilities, etc.) that would be covered by the federal government if they stayed open, maintained their workforce, and paid their bills.

“People are at wit’s end — do they lay off everyone, do they furlough people, do they shut down this operation, do they keep with that operation?” she told BusinessWest, adding that ‘lay off’ and ‘furlough’ are technical terms with specific definitions, and they are not the same thing.

“With a furlough, you’re still considered an employee — people are not going to get paid, but they’re still on the payroll, and they’re still eligible for benefits — all that stays in place,” she explained. “If you lay people off, they’re no longer an employee. They may get a call-back date, but in essence the business is parting company with that employee.”

And, with a layoff, a company has to pay all accrued paid time off and give the employee a check for that amount on their last day.

Wise said some manufacturers, concerned that business will dry up for a longer term, are laying off people (especially recent hires), while others, especially those with sizable investments in the people they’ve hired, are taking the furlough route with the hope that business will soon pick up or help from a stimulus package of some form will arrive.

“But people just don’t know when this is going to end — will it be by April 1, April 14, or are we going to the end of April or into May?” she said. “I’ve heard people say this could go on for three months and that they can’t keep their workforce going for three months.”

Meanwhile, with regard to the governor’s order to close non-essential businesses, Wise said it will certainly be unpopular with small-business owners not on the ‘essential’ list, but it might help bring a form of normalcy and routine that will replace the daily uncertainty that was annoying, to say the least.

“Let’s just do it and get it over with,” she said as the order was coming down. “This constant drip, drip, drip of changes every day is driving everyone crazy, and it doesn’t let you focus on anything.”

Developments of Note

Jeff Sullivan noted that it’s not business as usual for the region’s banks, and it won’t be for quite some time. But there will be a good deal of business, especially if, as expected, banks play a key role in funneling federal stimulus money to small businesses in the form of what will amount to bridge loans.

In the meantime, banks are keeping busy enough — with everything from customers who want some cash in their pockets during these uncertain times (and that’s many people) to businesses seeking lines of credit, or larger lines, to get through the crisis, to homeowners looking to take advantage of the recent drop in interest rates to refinance. And, again, that’s many people.

“It’s a little strange here … we had a large backlog of loans that were closing during the month of March, so we’ve tried to stay somewhat business as usual with those,” said Sullivan, president and CEO of Springfield-based New Valley Bank & Trust. “Most of those are happening, and part of the reason we want to get through that is because the nature of the loan requests we’re going to get are going to change dramatically, from the normal buy, sell, refinance-my-building kind of stuff to building up piles of working capital to get through the downturn.

“I think I’ve heard more of the ‘we need to do whatever we can to keep the doors open’ type of conversations from people,” he went on. “But we’re also hearing about people wanting to refinance their free and clear property so they’ll have a lot of cash because they think there will be some opportunities down the road — there’s a little of that going on, too.”

Meanwhile, there’s a lot of refinancing on the residential side of the equation as homeowners look to capitalize on those interest rates, he said, adding that there is also commercial activity and a limited amount of business expansion happening.

Things should change dramatically with the stimulus package and its likely provision for forgivable loans that will, as he put it, essentially put everyone on unemployment for three months.

“People are on pins and needles waiting to see what happens,” he said as the bill was still being hammered out. “If something doesn’t happen, there will be another wave of layoffs.”

Case in Point

Scott Foster, an attorney with Springfield-based Bulkley Richardson, said his firm’s phones might not be as busy as EANE’s, but they are ringing constantly. And many of those who are calling are looking for the same kinds of answers.

“I’m as busy as ever — the phones are ringing off the hook; people are working and getting things done while they still can,” he said just prior to the governor’s order to shut down non-essential businesses. “It’s mostly about contingency planning, looking at federal aid that’s already passed or is coming down the pike and how it’s going to help them, or staffing decisions — whether to furlough people, lay them off, or keep them on the payroll.

“All these questions are coming, and there’s a lot of uncertainty, a lot of unknowns,” he went on. “But this is business — people have to make decisions; you don’t get to not make decisions, or the decision gets made for you. So we’re very active.”

Foster said that deals — everything from real-estate acquisitions to business transactions — are still taking place, albeit at a slower pace in some cases.

“I have some real deals … they’re not closing tomorrow, but they’re still going,” he explained. “I haven’t had anyone pull the plug on any deal I’m working on; next week might be a different story, but right now, they’re all charging forth.”

As for the general tone of those in the business community, while many are understandably anxious, there’s also discernable optimism, he said, especially regarding some provisions of the stimulus bill being debated — ones that would essentially ‘mothball’ businesses until the crisis is over, with funds provided by the government to pay people and pay other expenses as well.

“Big sections of the economy are going to go on pause,” he explained. “And if the federal aid is sufficient and businesses reopen in a few months and the economy restarts … there’s a lot of optimism I’m hearing from business owners about what things are going to look like on the other side of this. It might be misplaced optimism, but it’s there.”

Overall, he said most business owners are “keeping their heads on,” as he put it, and not panicking.

“And the main reason they’re not panicking is because everyone is going through this,” he said. “It’s not one business or one sector, it’s hitting everyone, and you’re seeing some people growing — Amazon’s hiring, Walmart is hiring, Domino’s is hiring, online delivery services are hiring … there are some positive things happening.”

‘Cover’ Story

Dave Griffin has been in the insurance business for decades now and has certainly seen almost everything in the course of his career. But the COVID-19 pandemic has been different — in all kinds of ways.

That assessment refers to everything from the volume of the phone calls to the very difficult nature of the conversations with the people on the other end of the line.

“It’s been a tough few weeks, obviously,” said Griffin, vice president of Holyoke-based Dowd Insurance. “I’ve been doing this for 11 years here, and you develop a strong relationship with your clients. There have been a lot of hard conversations here this week with people just trying to do whatever they can to keep their business open. They have a real passion for what they do, and it’s heartbreaking to hear that they have to lay off employees and talk about the business like it might not be around.”

While talk of stimulus packages continues, business owners, especially those hit immediately by the crisis — restaurants, hotels, clubs, banquet facilities, and retail establishments — have been dealing with the moment, said Griffin, and most come forward with the obvious question: ‘does my business-interruption policy cover this deadly virus?’

And the answer he has had to give, unfortunately, is ‘no,’ and, as noted, he’s given it to a large number of people.

There is hope that this answer may change, just as it did after 9/11 — terrorist attacks were not covered in most all business-interruption policies, but that law was changed — but for now, the answer remains ‘no.’

If there is any good news for most insurance customers, it is that their payments are generally based on annual sales volume, and as those numbers go down as the pandemic continues, so do those payments. Meanwhile, many insurance carriers are responding to the crisis by providing flexibility on payments and commitments not to cancel policies if payments cannot be made.

While answering questions about policies and listening to his clients, Griffin also offered some perspective on the situation in the form of hope — and expectation — that most of those business owners he’s had these hard conversations with find a way to persevere and come out on the other side.

“Hopefully, we can come out of this sooner rather than later,” he said. “And I have no doubt that this region will rally behind the local businesses.”

And Now, a Word, or Two, or Three, About Marketing

John Garvey, president of Garvey Communication Associates Inc., told BusinessWest that, while every sector, and almost every business, has its own unique situation with regard to the virus and its impact, there are some common threads, or thoughts, when it comes to marketing in these difficult times.

To explain it, he summoned three words — actually, one word repeated three times — that was essentially the mantra of Doug Bowen, the now-retired president and CEO of Holyoke-based PeoplesBank, a long-time client.

“Communicate, communicate, communicate — that’s what he used to say, and I think that’s practical advice for everyone right now,” he said. “You need to be talking to your employees, and you need to be talking to your customers.”

As for the messages to be conveyed, he said they generally fall into several categories — from informing the public about what’s happening with a specific company during this crisis to speaking directly to employees. In both cases, the messages are generally about reassuring the intended audience.

“You really want to reach out to employees from the standpoint of appreciation and thank them for their efforts,” Garvey explained. “There is a lot of insecurity out there, and anything organizations can do to placate or resolve that is really important right now.”

Such efforts to reassure and thank people become more difficult and more complicated when a company is also laying off or furloughing employees, he acknowledged, but this shouldn’t stop businesses from heeding Bowen’s mantra.

Meanwhile, as for marketing and communicating in general, this is a perilous time, but it’s also a time when your message can be heard, he went on, because people are listening, and they’re looking for information.

“Your whole audience, your whole customer base, is pretty much sitting at home right now,” he noted. “They’re on social media, they’re reading things online, etc., etc. — you have their attention; never have people been more focused.”

That said, advertisers need to send messages that are important or interesting, or they won’t keep that audience’s attention, Garvey went on, and people need to send messages that are sensitive to the times.

Overall, he said many businesses have been so caught up in the day to day of coping with the crisis that they have become “frozen” when it comes to marketing. The “thaw,” as he called it, should come now, or very soon, as something approaching a new sense of normalcy prevails.

“And then,” he said, “the responsibility is to communicate, communicate, communicate.”

George O’Brien can be reached at [email protected]

Coronavirus

The Power of Positive Thinking

By George O’Brien

On one hand, Pam Victor would seem like the perfect person to turn to for advice on how to stay positive and maintain morale during this time of extreme crisis — when everyone’s life and work has been seemingly turned on its ear and nothing seems safe anymore.

After all, she started Happier Valley Comedy with a simple mission — to bring laughter, joy, and ease to Western Massachusetts (and the world), and she uses improv to help others achieve any number of goals, including one she calls the ability to “disempower failure.”

But, on the other hand … the COVID-19 pandemic has dramatically impacted, or eliminated, every revenue stream at her disposal. Indeed, Happier Valley carried out its unique mission through classes in improvisation, comedy shows staged at the playhouse she and business partner Scott Braidman built in Hadley (and other venues), and through team visits to area companies and institutions — the so-called ‘Through Laughter’ program — during which those client companies would undertake interactive exercises designed to bolster everything from confidence levels to communication. Victor would also do a lot of motivational speaking in front of audiences large and small.

You can’t do any of that in the middle of a pandemic when people have been asked, and increasingly ordered, to socially distance themselves from one another. Or so Victor thought as the crisis unfolded and escalated over the past few weeks.

“We’re on pause, as we call it — no shows, no classes — and we were in the middle of a session of nine different classes with hundreds of students — and we’ve lost or at least postponed a great deal of our professional-development programs,” she explained. “So, basically, almost every revenue stream has dried up.”

But like so many other business owners and managers in these precarious times, Victor is, well, improvising (you knew that was coming) and finding ways to not only make some kind of living, but also stay upbeat, as difficult as that is.

She gave a ‘virtual’ keynote address for the recent Nerd Summit, the partners recently conducted their first virtual stand-up show, they’re looking into ways to teach improv online, and they’re finding ways to stay connected with clients and the rest of the world through ‘happiness tips’ on Instagram and a host of other initiatives.

“We’re trying to think creatively,” Victor said in a voice that conveyed that she and Braidman have no other option if they want to survive this pandemic. And she used that virtual keynote address as an example.

“At first, I was thinking, ‘oh my God, I do an interactive talk — of course I can’t do it virtually,’” she explained. “But that was just my first fearful thought, and then I … figured it out.”

“We’re on pause, as we call it — no shows, no classes — and we were in the middle of a session of nine different classes with hundreds of students — and we’ve lost or at least postponed a great deal of our professional-development programs. So, basically, almost every revenue stream has dried up.”

Elaborating, she said she changed the subject of her planned talk and instead discussed the need to improvise in these dire and uncertain times, and how improv can help with that assignment.

“I’m very grateful that I’m an improvisor,” she told BusinessWest. “Because it has been absolutely essential to just stay afloat.”

And while improvising, Victor has thoughts on how others can try to stay positive and maintain morale in their businesses in these uncertain times. And, as with most things in business, she says it starts at the top.

“Be mindful of your tone,” she advised managers. “You could be Eeyore [the Winnie-the-Pooh character] and be the voice of gloom and doom, or you can be a role model of positivity. We’re seeing a little of both from most people because we just don’t know what’s going to happen, but it’s far more helpful to be a voice of positivity and say, ‘we’re in this together, and we’re going to get through this together.’”

Elaborating, she said that, like a Little League coach or a parent, managers should be thinking about praising employees when they can and phrasing thoughts in a positive manner.

“Instead of ‘this is the worst thing that ever happened,’ they should look for a positive, more helpful refrain, like ‘we are going to become stronger as a group,’” she said. “And this becomes a mantra: ‘if we can get through this, we can get through anything,’ and ‘now I know I can count on this team because we’re getting through this together.’”

Beyond that, she said managers, and employees at all levels, for that matter, need to accept the situation and move forward. Many, she believes, haven’t yet been able to do that.

“So many of us are still stuck in ‘I wish things were different,’ or ‘I’m just so mad that this is the situation we’re in’ or fear, like I had, that I’m not going to have a company to go back to, or I’m not going to be able to pay people,” she explained. “What improv helps us with, and what I teach a lot, is how to quiet that critic and that internal voice of fear, because it’s unhelpful, and once we have that voice quieted down, we can focus on problem solving and innovative thinking, and all that important collaborative work that we need to do.”

When asked how one quiets that voice, she said she spent an hour explaining it all during her Nerd Summit keynote. Hitting the highlights, she said the most important thing for people to remember is that this voice — she named it the ‘evil mind meanie’ — is “a big fat liar” and needs to be quieted.

“This thought that I’m having, that my company is going to go out of business … I don’t know how this story is going to end. It’s just a belief, it’s just a fear at the moment,” she explained. “For me to go down the rabbit hole and follow that fear is not helpful or productive to solving the problem of how to keep my company afloat.

“When everything went down, my first reflexive thought was ‘this is it — everything we’ve worked so hard for is lost,’” she went on, recalling those hard days as steps put in place to limit the spread of the virus robbed the company of almost all its revenue streams. “And then, you remember that this is just a belief, and you don’t know how the story is going to turn out, and my job is to be of service to my community and move forward with positivity.”

Beyond all this, Victor recommends that companies, and individuals in general, find ways to stay connected. She suggests everything from Zoom happy hours (“booze optional, everyone pours their own drink”) and Netflix parties to companies sending food or treats to employees’ homes to show appreciation, and even virtual karaoke, something she heard one company was trying.

“You have to find opportunities for fun,” she said in conclusion, “because, when we laugh together, that stimulates a relaxation response and a connection response in humans. And we need that right now — we need to feel normal, even if it’s just for half an hour.”

Victor told BusinessWest that she recently bought a bottle of champagne and put it on ice. There it will stay until the crisis is over.

Needless to say, like everyone else in this region and this country, she’s really looking forward to that day when she can pop that cork. In the meantime, she’s going to go on improvising and finding ways to laugh.

And she suggests that everyone else do the same.

George O’Brien can be reached at [email protected]

Coronavirus

How to Survive in a Down Economy

By Nicholas LaPier, CPA

Businesses, and especially small businesses, are dealing with a situation that is in many ways unprecedented in both nature and scope: coping with the COVID-19 pandemic.

Indeed, this crisis has impacted almost every industry sector and each specific business, except for supermarkets and online-delivery specialists such as Amazon. No one really knows how long this crisis will last or what the economy will look like on the proverbial ‘other side’ of the pandemic.

Despite the unique aspects of this crisis and the depth of the disruption to the economy in general, there are basic rules, or guidelines, when it comes to business disaster planning, and they apply to the COVID-19 pandemic as well.

Here is a quick checklist of items that I use when talking with clients about this crisis — and any down-economy situation.

• For starters, if you don’t have a disaster-recovery plan, create one. If you do have one, take it out of the drawer and review it. Also, modify the plan over the next few months based on actual experience, and create one as you go by documenting decisions and results.

• Consult your most respected business advisors for advice. This list includes your CPA, bankers, and peers.

• Conserve business assets, both cash (cash flow is tantamount to survival in times of disaster) and investments (don’t sell underperforming investments unless necessary).

• Review current operating costs as compared to expected revenues. And if your costs far exceed the projected revenues, first determine how long the shortage is and how the short term can be funded. Options, and there are many, can include:

– Contribute additional owner capital;

– Access your currently available business line of credit;

– Utilize your existing cash reserves;

– Start reviewing all SBA and state lending programs in place now because of COVID-19. You may even want to start the application early — as of this writing, the initial Massachusetts emergency loan program has already been exhausted;

– Review your commercial insurance policies for business-interruption coverage and how to submit a claim;

– Take a reduced owner compensation. Not only will this help cash flow for the business, you will reap some payroll tax savings as a result;

– Assess where a reduction in workforce makes sense;

– Make a careful assessment before incurring new costs and expenses;

– Accelerate collection efforts on unpaid receivables;

– Enhance your selling efforts — increase your social media posts and other media outlets, while staying the course with advertising and marketing campaigns; and

– Consider closing for a short period to curtail as many costs as possible.

• While addressing the short term, business owners must be focused on how the long term can be funded as well. Options here include:

– Additional owner capital/resources;

– Longer-term reduction of owner compensation;

– Continued reduction of workforce;

– Identification of other cost-saving measures;

– Enhanced sales and collection efforts;

– Obtaining SBA, state, or traditional lending programs; and

– Additional loans from non-traditional sources, such as leasing companies and non-equity partners.

As noted earlier, the COVID-19 pandemic is in many ways unique when it comes to business disasters. It is unlike a natural disaster, a recession, or a terrorist attack like 9/11.

But it is like all those others in that it is a situation that requires careful planning — and execution of a plan.

Nicholas LaPier, CPA is president of West Springfield-based Nicholas LaPier PC CPA; (413) 732-0200; [email protected]

 

Coronavirus

As the impact of the COVID-19 pandemic deepens, we’re hearing more and more references to the past — and with good reason.

Part of it is an attempt to put this crisis in perspective, and for perspective, you have to look to the past and things to compare this to. That’s why we’re hearing and reading references to 2008 and 2009 — the Great Recession — as well as 9/11, 1987 (the great stock-market nosedive), and, increasingly, the Great Depression of the 1930s, especially as the estimates for unemployment come in; indeed, some of the latest projections are for 20% or more, numbers not seen since 1932.

But we’re also hearing references to World War II, for reasons that involve not so much perspective (although there’s some of that) as inspiration. We’re hearing and reading references to everything from the Manhattan Project (which produced the atomic bomb) to the arsenal of democracy, the phrase coined by Franklin Roosevelt to describe what the United States should — and did — become as the war became a global conflict.

These references and comparisons are essentially spot on. What this country needs right now is a response similar to the one perhaps last seen during World War II — and on all kinds of levels.

Like the arsenal of democracy. In very short order, the U.S. economy went from a struggling peacetime economy — yes, the Great Depression lasted, in most all respects, into the early ’40s — into a thriving wartime economy where manufacturers retooled and produced items needed for the war effort. Examples abound, but the best known is Ford shifting gears — literally and figuratively — and producing B-24 Liberator bombers instead of cars at its famous Willow Run plant (where ‘Rosie the Riveter’ worked). In fact, at peak production, it was rolling out a new bomber every hour.

As the COVID-19 crisis deepens, it’s clear that we need what amounts to a different kind of wartime production — the war against this virus. Just as Ford made bombers, Caterpillar made tanks, Packard manufactured aircraft engines, and Studebaker produced trucks during World War II, today’s manufacturers need to step up, retool, and make surgical masks, respirators, and other items desperately needed in hospitals across the country.

And some are already volunteering to do just that, including Ford, GM, and Tesla. Meanwhile, cruise lines have proposed converting some of their ships into hospital ships, perhaps to care for those who need care but do not have COVID-19, and hotel owners have suggested perhaps converting their facilities into hospitals during this crisis.

These are the kinds of things that happened during World War II, and they need to happen now.

Meanwhile, on the home front during that war, there was sacrifice and a willingness to pitch in and do what was necessary, with drives to collect everything from rubber to aluminum for the war effort. Not everyone was happy with the rationing of many products, but they coped.

Contrast those images with those of people hording toilet paper and partying on the beaches of Florida during spring break, and it’s easy to see that the current generations can learn a lot from the Greatest Generation.

But there are many, many signs of generosity and caring being seen today — everything from MGM Springfield and other venues donating food items to food pantries to the Community Foundation’s creation of the COVID-19 Response Fund for the Pioneer Valley, to NBA players donating hundreds of thousands of dollars to help arena workers who are now among the unemployed.

To get through this, we’re going to need a lot more stepping up, sacrificing, and using all our talents and imagination to help in this new war effort.

For inspiration, all we have to do is turn the clock back 75 years.

Coronavirus

By Andrew Morehouse

We’ve all been to the supermarkets. Households are stocking up on food in response to coronavirus (COVID-19). But let’s not forget there are tens of thousands of individuals across Western Mass. who can’t even get to a supermarket — elders, people with disabilities, and households who must rely on unreliable public transportation. Others can, but they can’t even afford to buy enough food to feed their families, much less stock up for two weeks’ worth as suggested by public officials.

To make matters worse, many of these households have children whose schools are now closed and are not providing essential school breakfasts and lunches that so many families rely on to feed their children day in and day out. Some but not all schools are preparing meals for children to pick up at schools or at ‘summer’ meal sites (check out www.meals4kids.org/summer).

The Food Bank of Western Massachusetts and its network of 174 local feeding partners across all four counties — Berkshire, Franklin, Hampshire, and Hampden — continue to operate as we do year in and year out, providing healthy food to the most vulnerable in our communities. We are all establishing measures to prevent transmission of coronavirus, such as social distancing, hand washing, and wearing protective gloves to ensure that our visitors can receive healthy food safely.

Many food pantries are now pre-packaging food to hand out, often outdoors, in order to minimize contact. Most, if not all, of the meal sites are now making meals to go, which patrons can pick up and take with them. If you are in need of food assistance, visit our website, www.foodbankwma.org/get-help, for a listing of all local feeding sites, and be sure to call prior to visiting to make sure they are open.

We’ve instituted similar safety measures at our biweekly and monthly Mobile Food Bank.
Twenty-one of the 26 sites continue to operate in ‘food deserts’ where access to healthy food is nonexistent. We’ve instituted similar safety measures at senior centers where volunteers distribute bags of groceries to thousands of elders monthly at our 51 brown-bag sites. Many remain open, and we are also working with those that have closed to seek permission to continue to distribute food in their parking lots.

Right now, we have enough food to distribute through our vast regional emergency food network. This is likely to change as the coronavirus persists. You can help by donating — every dollar you give provides four meals. We also have enough volunteers, but this is also likely to change. Please visit www.foodbankwma.org/volunteer for updates.

In addition to distributing food, we are working with our partners across the Commonwealth and nationally to advocate for public food assistance. The Supplemental Nutrition Assistance Program (SNAP) continues to have the greatest impact in nourishing those who receive this federal benefit. Most SNAP recipients are children, elders, people with disabilities, and individuals working part-time and on minimum-wage incomes. SNAP provides nine meals for every meal provided by food banks. And SNAP is proven to be the single most powerful economic stimulus. This is no time to be cutting SNAP benefits; in fact, we should be increasing them.

Now is the time for all of us to band together as a community to ensure the health and food security of everyone.

Andrew Morehouse is executive director of the Food Bank of Western Massachusetts Inc. in Hatfield.

Coronavirus

Don’t Lose Touch

By Meghan Rothschild

The last two weeks have been an unprecedented storm of chaos for anyone managing a business, small or large. Effectively communicating changes in event plans, services, and fundraising strategies is no small feat and requires consistency and strategy. Staying in touch with your clients and customers has never been more challenging, yet more important.

We at Chikmedia have been navigating these communications challenges not only for clients, but for ourselves as well. Remaining calm, proofreading before you click ‘post,’ and applying a strategy are your best bets. We’ve drafted some go-to tips and tricks for ensuring your business looks polished and communicative during this time.

Identify your primary team/spokesperson during this time. As is true with any crisis, you must put together your decision-making team. Your primary spokesperson should not be the president or business owner, as you need a buffer for filtering information between the key decision maker and your primary audiences.

Outline and implement compliance strategies. Explain what you are doing to comply with CDC recommendations, such as, social distancing, hand washing, hand sanitizing, and encouraging staff to work remotely.

Write your plan down. Make sure you have committed to compliance policies that work for you and your business. Don’t say you’re offering hand sanitizer if you don’t have it in house yet.

Ensure your entire team is up to date. Your staff should be well-versed in what the plan is moving forward. Arm them with the copy points they need to communicate effectively to the public, your customers, and other important constituents. 

Make a public statement. If you haven’t done this already, you should, immediately. Even if you are not currently operating or client facing, you must acknowledge what is happening in the world; otherwise, you appear reckless and out of touch. Include information on how it will impact your customers and your business.

Use all of your channels when communicating. Use e-news, social media, signage, your website — whatever you currently use to communicate to clients.

Continue to post. Even when you do not have an update, you must continue to acknowledge and keep your customers informed. They will want to hear from you regularly.

Navigate the official updates from the CDC. Make sure everything you post has been confirmed by two sources and is factual. Do not share content that is not confirmed, not vetted, or from unreliable sources.

Continue to produce regular content. Don’t make it all about COVID-19. Do not stop posting or let your social channels go dormant, as algorithms will penalize you. It may feel awkward to post regular content, but it’s important to maintain some consistent messaging and normalcy on behalf of the business.

Start developing your post-virus plan now. How are you going to get people back through the door when this is all over? Will it be through an event or a major sale? What about a big contest or giveaway? Be thinking about how you will re-engage your audience when the competition will be at its highest. Do not wait: have the plan prepared and ready to go for when the world begins to spin again.

Should you have questions or need assistance, don’t hesitate to shoot us a note at [email protected]. You can also visit our website, www.chikmedia.us, for more information.

Meghan Rothschild is president of Chikmedia.

Coronavirus

Offering a Lifeline

It’s called Prime the Pump — an appropriate name, at a time when the pump is threatening to run dry for area restaurants.

A statewide shutdown of restaurants and bars has proprietors worried about the future, with many building short-term strategies around takeout and delivery, gift cards, and other features (see story here). But local government is doing its part, too.

“In conjunction and on top of federal and state loan assistance programs, the city will immediately move to offer $222,679 in grants, up to a maximum of $15,000 for qualified restaurants,” Springfield Mayor Domenic Sarno said this week in announcing the initiative. “As my administration continues to review any and all options to assist our residents and business community during these challenging times, I have asked my chief Development officer, Tim Sheehan, to see what we could do immediately to ‘prime the pump’ to start to spur a shot-in-the-arm relief and recovery initial assistance program for our restaurants and their employees.”

Added Sheehan, “while the small-business support being advanced by the federal and state government is beneficial, it is clear to me that more creative and flexible financial lifelines need to be established for the small businesses, especially restaurants which have disproportionately felt the economic impact resulting from the coronavirus mitigation measures designed to protect us all.”

For more information and details on how to apply, contact Sheehan at (413) 787-6024 or [email protected].

Read on for other financial resources available for small businesses, nonprofits, and individuals impacted by the COVID-19 crisis.

• The U.S. Small Business Administration (SBA) will offer low-interest federal Economic Injury Disaster Loans for working capital to Massachusetts small businesses suffering substantial economic injury as a result of COVID-19.

Small businesses, private nonprofit organizations of any size, small agricultural cooperatives, and small aquaculture enterprises that have been financially impacted as a direct result of COVID-19 since Jan. 31 may qualify for loans up to $2 million to help meet financial obligations and operating expenses which could have been met had the disaster not occurred. Eligibility for Economic Injury Disaster Loans is based on the financial impact of the coronavirus. The interest rate is 3.75% for small businesses and 2.75% for private nonprofit organizations.

Applicants may apply online, receive additional disaster-assistance information, and download applications at disasterloan.sba.gov/ela. Applicants may also call SBA’s Customer Service Center at (800) 659-2955 or e-mail [email protected] for more information on SBA disaster assistance. Individuals who are deaf or hard of hearing may call (800) 877-8339. The deadline to apply is Dec. 18.

• This week, the Baker-Polito administration also announced economic support for small businesses with a $10 million loan fund to provide financial relief to those that have been affected by COVID-19. The Small Business Recovery Loan Fund will provide emergency capital up to $75,000 to Massachusetts-based businesses impacted by COVID-19 with under 50 full- and part-time employees, including nonprofits. Loans are immediately available to eligible businesses with no payments due for the first 6 months. Massachusetts Growth Capital Corp. has capitalized the fund and will administer it.

To apply, complete the application found at empoweringsmallbusiness.org. Completed applications can be e-mailed to [email protected] with the subject line “2020 Small Business Recovery Loan Fund.”

• Meanwhile, Common Capital offers a Fast Track Loan Program to address the needs of local businesses that need quick access to capital. Loan proceeds may be used for most legitimate business purposes, including purchasing inventory or equipment, and for working capital. The program offers a loan decision in two to three business days for loan requests up to $50,000, with funding typically within a week after approval. It is a credit-score-based program for businesses in operation at least one year. Those approved will be eligible for no-cost business assistance from Common Capital staff and consultants.

Applicants seeking funding from the program to help mitigate the effects of the COVID-19 pandemic will need to answer the following questions: What steps have you taken or are you planning to take to address the financial health of your business in response to the COVID-19 pandemic? Please be specific. What is the typical cash-flow cycle for your business? How are your revenues affected by external factors, such as seasons, weather events, or the school calendar, among others? How much revenue did your business have month by month in 2019?

For more information about Common Capital and its loan programs, contact Kim Gaughan, loan fund manager, at (413) 233-1684 or [email protected].

• State and federal government entities are also looking at tax-relief efforts. At the state level, Massachusetts will postpone the collection of taxes to provide relief to the state’s restaurant and hospitality sectors by delaying the collection of sales tax, meals tax, and room-occupancy taxes. Taxes that are due in March, April and May will instead be collected on June 20 for businesses that paid less than $150,000 in sales and meal taxes or less than $150,000 in room-occupancy taxes in the year ending Feb. 29. The state will also waive all penalties and interest. Gov. Charlie Baker said the state Department of Revenue would finalize emergency regulations to establish the tax relief measures before week’s end.

In addition, U.S. Treasury Secretary Steven Mnuchin announced that individuals and corporations can delay their federal tax payments for 90 days due to the coronavirus pandemic. Individuals can defer up to $1 million in payments for 90 days from the April 15 deadline. Corporations can defer up to $10 million in payments for 90 days. During that time, the IRS will not charge interest or penalties. Mnuchin’s announcement did not delay the April 15 filing deadline.

The IRS has established a special webpage (www.irs.gov/coronavirus) focused on steps to help taxpayers, businesses, and others affected by the coronavirus. This page will be updated as new information is available.

• Nonprofits are being squeezed by the current crisis as well. In response, the Community Foundation of Western Massachusetts (CFWM) established the COVID-19 Response Fund for the Pioneer Valley with a lead gift of $1 million from MassMutual and a $500,000 contribution from CFWM. Big Y, Easthampton Savings Bank, Greenfield Cooperative Bank/Northampton Cooperative Bank, and PeoplesBank have also committed to contributing. Other area businesses and philanthropic organizations are being encouraged to contribute to the fund, as is the general public.

The fund will provide flexible resources to Pioneer Valley nonprofit organizations serving populations most impacted by the crisis, such as the elderly, those without stable housing, families needing food, and those with particular health vulnerabilities. Funds initially will be given to existing community-based organizations who currently serve vulnerable populations and who are best able to identify those requiring crisis services.

Those interested in making a gift to the fund should visit communityfoundation.org/coronavirus-donations or contact the Community Foundation at [email protected].

• Meanwhile, Berkshire United Way and Berkshire Taconic Community Foundation have established the COVID-19 Emergency Response Fund for Berkshire County to rapidly deploy resources to community-based organizations as they respond to the impact of the coronavirus in Berkshire County. They have already committed more than $600,000 for these efforts through a coalition of philanthropic organizations, businesses partners, and generous individuals.

Early partners and funders include Adams Community Bank, Berkshire Agricultural Ventures, Berkshire Bank Foundation, Donald C. McGraw Foundation/Blackrock Foundation Fund, Feigenbaum Foundation, Greylock Federal Credit Union, Joseph H. and Carol F. Reich Fund of Berkshire Taconic Community Foundation, Josephine and Louise Crane Foundation, Mill Town, Northern Berkshire United Way, Unistress, Williams College, and Williamstown Community Chest. The partners encourage other institutions, companies, and funders to contribute to the fund.

Donations to the COVID-19 Emergency Response Fund can be made at berkshireunitedway.org/donate. Nonprofits can request funds through a simple, rolling application process that can be found at berkshireunitedway.org.

• Finally, to help individuals in need, the United Way of Pioneer Valley established the COVID-19 Recovery and Relief Fund to provide aid and resources to those affected by the current public-health emergency. As the pandemic unfolds and schools, events, and workplaces close, hourly, low-wage workers and many others will experience unprecedented financial hardship. In Massachusetts, two in five workers lack sufficient savings to withstand a sudden loss in wages.

Funds collected for this emergency relief fund will help families and individuals impacted by the pandemic to meet their basic, childcare, housing and financial needs. This fund will also help to continue United Way programs such as Thrive and especially Mass2-1-1, a free referral hotline providing access to services such as emergency assistance and real-time COVID-19 information. Individuals can dial 211, United Way’s 24/7 information and referral hotline, from any Massachusetts number to get information related to the virus.

Visit www.uwpv.org and follow the link to ‘COVID-19 Relief’ for more information.

Coronavirus Features

Lessons Learned from Experience

By Nancy Urbschat

Nancy Urbschat in her home office.

Nancy Urbschat in her home office.

Many of you are experiencing work at home for the first time, and without the luxury of months of planning like those at our marking firm, TSM Design, did when we decided to go virtual on Jan. 1, 2019.

We are now in the midst of a global pandemic, and socially distancing people is the only way to flatten the COVID-19 curve. (Now that’s a sentence I would not have imagined writing, let alone living through. But here we are.)

These are challenging times for everyone. Our concept of normalcy is changing daily. We barely have time to catch our breath before there are new rules of engagement. Businesses have gone from limiting the size of meetings to prohibiting travel and work-at-home orders.

During TSM Design’s morning Zoom on March 16, we started the meeting discussing the impact the virus was having on our lives. Our conversation then turned to all of you who are just starting to work at home. We wondered if we could be helpful sharing what we’ve learned during these past 15 months.

Your Office

• Create a designated workspace in your home. The kitchen or dining-room table is not ideal.

• If possible, position your desk by a window. Then don’t forget to open the shades.

• While you’re working with no one else around, you have the luxury of cranking up the volume on your favorite tunes. No earbuds necessary!

• Don’t assume that your reputation for a messy desk is suddenly going to change now that you’re home.

Virtual Meetings and Conference Calls

• Be mindful of your meeting attendees’ view inside your office.

• If your video is on and no one can see you, uncover your camera. (This has happened on more than one occasion.)

• If you have a barky dog, leave your audio on mute until it’s your turn to speak.

• Project a professional image — at least from the waist up.

• Try never to schedule a virtual presentation with multiple attendees gathered around one computer screen. It’s deadly when you can’t see audience reaction.

• If you have a camera, please turn it on. Keep the playing field level. If you can see me, I ought to be able to see you.

• Provide tutorials for people who are new to videoconferencing platforms.

• Assume the role of facilitator. Pose questions, talk less, listen more.

Productivity

• Take a brisk walk before you start your workday.

• Maintain a regular morning meeting with your team. We try to Zoom every day at 8:30 a.m.

• Try to get your most challenging work done early in the day.

• Save your work frequently — especially if you have a cat that likes to walk across your keyboard.

• Keep a running to-do list. Go ahead and celebrate what got crossed off at the end of every day.

• Don’t sit for hours on end. Get up. Do a few stretches. Walk around the block.

• Don’t eat at your desk. Go to your kitchen and make lunch. Savor it. Then go back to work.

• Give yourself permission to give in to small distractions. If there is a pile of dishes in the sink that’s bothering you, do the dishes. Then go back to work.

Your Mental Health

• Get a good night’s sleep, with plenty of deep sleep and REM. It might be a good time to buy a Fitbit or other device to track your sleep and your heart rate.

• Eat healthy, and stay hydrated.

• Use your newfound virtual-meeting tools to stay in touch with family and friends.

• Schedule a Zoom dinner party.

• Take care of one another.

• Be kind to everyone.

Some Final Thoughts

After a while, the novelty of working from home may wear off. If and when that happens, we hope you’ll remember all of the service-industry workers who have to show up to work in order to get paid. And remember the healthcare workers who are on the front lines, doing battle against the virus, who continue to be in harm’s way without adequate masks and other critical protection.

No one knows how long social distancing will be required or whether more dramatic actions will be necessary. We find ourselves wondering whether people are taking this pandemic seriously and doing what’s necessary to avoid a bona fide human catastrophe. Recent photos from Fort Lauderdale beaches were mind-boggling. Yet, in that same social-media stream, there were posts about acts of courage and heroism.

This is a defining moment for us. Will future generations take pride in how we were able to make sacrifices, pull together, and care for each other?

Your Homework Assignment

So, first-time work-at-homers, get yourself set up, settle in, and shoot me an e-mail about how it’s going.

Nancy Urbschat is president of TSM Design; [email protected]

Coronavirus

We’re in This Together

From the Better Business Bureau

We don’t know how long COVID-19 crisis, with its shutdowns and social distancing, will last, but small businesses certainly need your support to make it through these uncertain times.

This crisis is affecting all types of small business. This includes places you use every day, such as your local coffee shop or favorite lunch place, but also businesses that might not immediately come to mind. The closures and cancellations hurt services like home-improvement contractors, daycare providers, dry cleaners, and car mechanics, as well as healthcare businesses, such as your dentist or chiropractor. Even business-to-business fields, such as the graphic designer who designs your office’s brochures or the accounting firm who does the books, are feeling the impact.   

By closing their doors temporarily, small businesses are helping to keep their customers and employees healthy. But the loss of income makes it tough to cover ongoing expenses like rent and salaries. These tips help ensure your favorite businesses have the cash they need to make it through these lean times.  

Here are the Better Business Bureau’s practical tips on how everyone can support small businesses — with or without spending money.

• Buy a gift card for later. Many small businesses that have had to close are offering gift certificates at discounted rates for when they open back up. Look on their websites and social accounts.

• Skip the refund and take a rain check. If you paid in advance for an event, such as theater or concert tickets, a class, or a service, consider taking a credit for the future instead of asking for a refund. These businesses will appreciate not needing to issue so many refunds right now.

• Commit to future work. While right now may not be the best time to start that home-renovation project, your contractor will appreciate you committing to future projects when business opens back up. The same goes for any future event or project.

• Shop (locally) online. Local shops and vendors may have closed their physical doors, but many still run online shops. Look for them on social media or check the their website for links to their online marketplace.

• Look for virtual classes. People who work in training or professional development — this can be anyone from your personal trainer to the person teaching your office’s public-speaking workshop — are finding creative ways to move their instruction online. Even though your local gym is closed, your favorite yoga teacher may be hosting a live class online. The same goes for people who offer professional trainings. Now may be a good time to brush up on your skills through an online course.

• Get takeout or delivery. Many restaurants and breweries are now offering takeout even as they close their dining rooms. Support these local institutions by getting your food or drinks to go and enjoying them at home.

Not everyone has the financial resources to pay in advance. So, if your own wallet is feeling the pinch, here are some free ways to support small businesses.

• Write an online review. This is a good time to finally get around to reviewing your favorite local business. These five-star reviews help companies rank well in search engines and on other listing services. This is an easy, free way to show your favorite small businesses that you support them.

• Like and share on social media. Help your favorite business reach a broader audience by liking and sharing their information on social media. This will help them reach future customers and gain more exposure.

• Tell your favorite businesses that you appreciate their work. These are tough times. Keep morale up by reaching out to the businesses in your community and letting them know that you appreciate their hard work.

Coronavirus

‘Getting to the other side.’

That’s the mantra you’re hearing now. Or one of them, anyway. That and ‘flatten the curve.’

Business owners and managers across the region and across the country are talking about the ‘other side,’ that magical place when and where we can talk about the COVID-19 pandemic in the past tense.

It seems a long way away, and it probably is. It could be a few months. It could be several months. It could be 18 months, according to some sources. We have to hope it’s not that last number.

Whenever it is, the assignment is to get there, and it’s already becoming painfully evident that some won’t.

Those that will get there will have to call upon every bit of imagination, persistence, and resourcefulness they possess, because, as we’re already seeing with the restaurant sector and other aspects of the hospitality industry, the challenge is already significant and will only get worse with time.

Indeed, it was just a few weeks ago that people were talking about rescuing the White Hut in West Springfield. Now, the talk is of how to rescue not only every restaurant in the 413, but businesses in virtually every sector.

In this battle, resilience and resourcefulness will be the key attributes, and we can already look to the restaurant industry for some inspiration in those regards. Indeed, while most all of those businesses have had to lay off people, many are winding ways to keep people employed as long as possible while also looking for whatever revenue sources they can, including delivery, takeout, and even bringing the restaurant experience into one’s home — a concept still in the formative stages.

Meanwhile, restaurant owners are already exploring every form of relief possible, including state and federal assistance, SBA loans, and more — something many businesses will have to do. And they are collaborating on an effort called Strength in Numbers, which encourages area residents to support their favorite eateries by buying gift certificates now for use later, with a 20% incentive.

And we can also look to that sector for inspiration in other ways — everything from how area residents are, in fact, supporting those businesses, to their positive outlook at a time when their world has literally been turned upside down.

Indeed, we like what Peter Rosskothen has to say about all this. Perhaps no business owner in the region has been hit harder. His multi-faceted stable of businesses is grounded in hospitality, especially banquets, gatherings, and fine dining. At the moment, he can’t host a wedding, a meeting of the Holyoke Rotary Club, or BusinessWest’s Difference Makers banquet (yes, that was scheduled for tonight — March 19 — at the Log Cabin, but has been moved to Sept. 10).

Still, he’s finding ways to stay positive.

“The best we can do is utilize our smartness and fight through this as much as we can,” he told BusinessWest. “We’re a very resilient country; we’ll come out of this, and something good will come out of this — I’m convinced of that. We might be struggling a little bit, but something good will come out of this.”

We agree. Such optimism, by itself, isn’t going to get us to the other side, when we can finally, thankfully, look back on all this. But it certainly helps.

Coronavirus

Survival Mode

As the outbreak of COVID-19 has escalated and caused unprecedented reactions such as closing schools for weeks, cancelling professional sports, limiting restaurants and bars to takeout only, and social distancing and prohibiting the gathering of groups of more than 25 people, business leaders have growing concerns for the financial health of their organizations, people, and customers.

COVID-19 presents an exceptional level of uncertainty, making it difficult to implement any single contingency plan. However, crisis management can be made easier with preparation and by staying current on resources that are available. To that end, Meyers Brothers Kalicka, P.C. offers the following tips and best practices for financially surviving this pandemic.

• Evaluate telecommuting options. Begin by first evaluating your organization’s daily operations. How many of your employees can effectively perform their jobs while working from home? How many essential personnel must be present in order to perform their responsibilities? What will your policy be for employees in each category? Do you have the proper technology and security to even offer a work-from-home option?

Once you have decided who can telecommute and who will simply not have that option, it is important to communicate your policy clearly. What steps should employees without a telecommuting option follow if they need time off?

For employees that do not typically work from home, it can be beneficial to share best practices and expectations, such as to work during normal business hours; be available via phone, e-mail, and company messenger during normal business hours; attend a daily virtual check-in with managers to discuss progress, outstanding tasks, etc.; set up call forwarding for your business line; and maintain access to necessary equipment and materials to perform the job.

• Communicate clearly with your employees and customers. As your business braces for untreaded waters, it is vital that you communicate clearly and in a timely manner to both your customers and employees. Don’t allow misinformation or confusion to spread faster than the virus. Your employees, clients, customers, and stakeholders will be looking to you for reassurance and up-to-date information.

Customers, clients, and stakeholders want to know: will deadlines be affected? Have your in-person policies been temporarily changed? Will you be offering a virtual service in the interim? Let them know that you are actively monitoring the situation and how you are making temporary adjustments to your business so that they know what to expect. This can also mitigate fears and concerns that your customers may be feeling. Communicate these and other relevant information via e-mail, phone, social media, and/or any other normal communication channels.

Your employees want to know: in addition to any telecommuting options that may be temporarily available, what is being done to protect their health and safety? Have you increased cleaning around your place of business? Have you taken any action to limit exposure for employees? Have you encouraged any at-risk or sick employees to stay home? Have you cancelled in-person meetings or business travel to limit exposure? Again, a large part of crisis management is dispelling fear; therefore, a well-thought-out and communicated plan will go a long way for your business.

• Assess your inventory. Whether you are talking about actual inventory that you sell or supplies that your business needs to operate, do you have a clear idea of how this is affected by the virus? Who are your suppliers? Will they be able to replenish your stock, or are they potentially unable to do so because of isolation? Do you have a secondary option for suppliers, or will you have to cease selling certain products or services until these products become available? If so, will you take back orders?

On the contrary, could you end up with a surplus of inventory? For example, did you order perishable supplies that could potentially expire? Are there creative solutions you can take here, such as freezing products? Saving products for a future event or for when you re-open? Increasing the marketing for take-out? Or perhaps even donating products which would become a writeoff and have a positive public-relations benefit? How will you communicate these supply-chain issues to your organization and customers

• Identify scenarios, points of failure, and other risks. Currently, businesses are scrambling to get off defense. In order to get back on the offense, you need to have a good playbook with a variety of plays for any given situation. What are your worst- and best-case scenarios? What is the game plan for the short term and the long term? How would a longer impact affect your business? Will your business see a rise in demand or suffer loss of business — and how will you cope? Do you have the right teams in place to perform critical duties as needed? Do they have the right skills, equipment, technology, and security to perform those duties if they need to work from home for a period? How would staggered shifts affect your business? Are there critical duties that must be performed on site for your organization to function? What adjustments will you make if those duties cannot be performed?

As with any crisis, most plans will need to be adjusted day by day as new information becomes available. If you have planned for a variety of scenarios, then the adjustments will be more manageable. In some cases, it may even be the key to a company’s survival. It is simply critical that businesses and organizations remain proactive, informed, and agile.

• Finally, stay informed about resources for your business and employees. Here are a few financial-assistance and business-planning resources that may be useful to you:

The SBA to Provide Disaster Assistance Loans to Small Businesses affected by COVID-19

Baker-Polito Administration Announces $10 Million Small Business Recovery Loan

U.S. Chamber: 5 Resources to Help your Small Business Survive the Coronavirus

IRS Tax Relief

Treasury Secretary Announces 90-day Delay in Tax Payments

CDC Business Planning Checklist for a Pandemic

CDC Pandemic Preparedness for U.S. Businesses with Overseas Operations

CDC Interim Guidance for Businesses and Employers

Coronavirus

Doing Their Home Work

While much of the national conversation around COVID-19 has centered around how prepared the government and healthcare sector are to deal with the pandemic, another sector has been asking itself similar preparedness questions.

That would be IT firms, especially those who handle the networks of business clients at a time when companies are sending employees home en masse — not to take time off, but to work remotely.

“We took the initiative on this last week,” said Jon Borges, president of JBit Solutions in Westfield. “Even if we had clients who did not have remote users, we went to all our clients and prepped them ahead of time with instructions: ‘if you do choose this, here’s what you need to do with their home PC, here’s what to do with your work PC.’ We support 600 to 800 desktops, so we have to get ready for this.”

Sean Hogan

Sean Hogan

Sean Hogan, president of Hogan Technology in Easthampton, has been similarly proactive, staying in regular contact with clients as the COVID-19 threat emerged. When the Centers for Disease Control and Prevention recommended avoiding gatherings of 50 of more people on Sunday — and President Trump topped that by discouraging groups of more than 10 the following day — businesses really got serious about keeping their workers away.

“When they gave that mandate, that changed everything. Companies have to give employees the ability to work remotely,” Hogan said — and he feels good about how his clients are taking on the challenge. “My IT team is cranking. I feel pretty good about it. We feel prepared, no panic at all, and we’re communicating constantly with our clients.”

He explained that cloud-voice and managed-IT clients are already configured to work successfully and securely from any remote location. “I also reached out to my other clients that are still operating in an on-premise platform. There are options for remote connectivity, but they do not have the flexibility of our cloud. The good news is that we can spin up our cloud instances very fast for our clients.”

Most of Hogan’s clients have already been migrated to Microsoft Office 365, which allows them to work seamlessly from home, collaborate, and have built-in videoconferencing, he added. “And we are offering webinars to help our clients embrace working remotely.”

In short, he and Borges, and plenty of others in the Pioneer Valley, are helping businesses of all kinds adjust to a new normal — one that, right now, offers no real timeline for when the old normal will return.

Hogan’s preparations for a week like this didn’t begin recently.

“Maybe we had a premonition,” he joked, “but we started moving clients to the cloud almost 10 years ago when nobody wanted to be in the cloud — when there was this fear factor, fear of the great unknown. But I’ve shifted my entire voice base to the cloud over the past eight years. The beauty is in explaining to clients what they have already. They don’t need to reinvent the wheel. They have the software in place for all their people to work remotely. They just have to remember how to do it.”

That, of course, is where the training, webinars, and other forms of communication come in.

“We were out there early on — we were an early adopter in this industry to promote cloud voice,” he added. “Why invest in equipment you have to be rotating every few years because it becomes obsolete? We’ve been on a quest to have zero obsolescence.”

Borges said many of his firm’s clients already have employees who work at least occasionally from home, so they have access, even if it might not be implemented throughout the whole company.

“Most clients are in networks of 10 users or more, and in those networks, firewalls act as a VPN [virtual private network],” he explained. “As long as they have that, it’s just a matter of how many licenses they need. To be honest, most of our holdup is just talking to clients and making sure what users should have access and make sure they have enough licenses. If we need to make an order, our vendors are getting bombarded, so it’s taking two or three days to come through.”

For smaller companies who don’t have that capability, Borges said, software like LogMeIn or GoToMyPC can be purchased. “Clients don’t need hardware — we will set them up on an app such as that.”

In any case, the most complicated element is training and initial setup. Once users are set up remotely, their home computer interface typically looks exactly like their work PC.

For IT professionals like JBit, clients run the gamut — in his case, encompassing insurance agencies, office settings, construction firms, wholesalers, cannabis dispensaries, and a host of others. In addition to remote access to desktops, Borges is helping clients navigate how to transfer VoIP phone connections to homes, set up meeting apps like RingCentral, and implement a number of other solutions.

“Most medium- to large-sized businesses should have hardware in place,” he added. “It’s a matter of getting licenses, educating staff, and rolling it out.”

The challenges of sending one’s entire workforce home can be both technical and non-technical, Hogan noted. “You have to deal with local wi-fi connections, which aren’t as secure as at work, and then you’ve got kids at home playing Fortnite,” he said, adding that part of this transition is setting expectations for what employees need to accomplish remotely and then establish some accountability, so they don’t get too distracted by the kids.

Remote work poses business-law issues as well, which is why Skoler, Abbott & Presser, P.C. will present a free webinar on Friday, March 20 from noon to 1 p.m. for employers to discuss how coronavirus COVID-19 is impacting the workplace. Registration is required by clicking here.

“COVID-19 is changing the way we live,” said John Gannon, a partner with the firm. “Schools are closing, travel is in flux, and events are being cancelled or postponed. Over the past few weeks, and in particular the last few days, we have received countless questions from employers about how coronavirus is affecting the workforce. Can employers send people home? Can they ask questions related to why employees are out? What about paying people who cannot come to work? Can or should they temporarily modify time off policies? Will there be a legislative measure calling for paid sick leave and/or unemployment expansion for those unemployed?”

The webinar will discuss the legal obligations of employers during a pandemic, as well as practical considerations and common-sense suggestions, and a lengthy Q & A session will follow, giving participants a chance to ask specific questions.

There’s no doubt that countless employers across the U.S. are asking those questions today, from mom-and-pop shops to the region’s largest employers, including MassMutual, which asked all employees who have the ability to work remotely to begin so earlier this week.

“We had already previously canceled non-essential domestic and international business travel and large-scale events, proactively tested our work from home capabilities, restricted non-essential guests at our facilities, and enhanced our cleaning protocols at our office, all of which continue,” Laura Crisco, head of Media Relations and Strategic Communications, told BusinessWest. “This is our latest effort to reduce the potential spread of this virus; protect the health of our employees, their families, and our community; and assure the continuity of our business operations.”

So, yes, the call to stay home affects the vast majority of industry sectors and companies of every size. Which is why Hogan and others in the IT world are so busy right now — even as much of his own staff is currently working remotely as well.

“My industry has changed so much,” he said. “But we understand the urgency; we understand the mission-critical applications that people need 24/7/365. We know how to prioritize clients — we run our call center like a medical triage — and we’re getting things done.”

Coronavirus

Strength in Numbers

Sue Tansey, co-owner, with her husband, Mark, of Partners in Agawam and the Cup in West Springfield

Bill Collins says he was bought to tears by the edict from the governor that banned people from dining inside restaurants across the state — and he certainly wasn’t the only one within this sector to have such a moment.

“There is nothing about this that’s not going hurt — I mean really hurt,” said Collins, owner of Center Square Grill in East Longmeadow and HighBrow in Northampton, referring to everything from the ban on indoor seating to the inability of serve alcohol, a huge profit center for most all restaurants. “This is heartbreaking, but I usually don’t cry in my restaurant.”

But not long after reacting emotionally, Collins summoned some internal strength and determination to try to do what every business in this region — and, indeed, across the country — is trying to do: get to the proverbial ‘other side’ of the COVID-19 pandemic.

It won’t be easy, but Collins and other restaurateurs are responding with equal doses of grit and imagination, with initiatives ranging from a gift-card sales effort called Strength in Numbers (more on that in a minute) to Collins’ plans to essentially bring the restaurant experience into one’s home at a time when they can’t actually go to a restaurant.

“We’re putting together packages now for parties of two to 10 — $75 per person that would include a chef, a server, the food, and have us come over,” he explained. “We’ll try to create some of that restaurant feel.”

In many ways, the restaurant business, and the larger hospitality sector, is the tip of the spear with regard to the COVID-19 pandemic. The results are immediate, and so are the emotions, the responses — from layoffs and closures of some establishments to creation of new revenue generators — and optimism, which is hard to come by in these unprecedented times, but it’s still there.

The immediate response taken by most restaurants was to adjust staffing as necessary, lock up the alcohol, clean and sanitize their businesses, and then figure out what to do next, which in most cases means finding ways to offer takeout and curbside service. For many, the painful layoffs have begun, and the cuts are deep.

“We’re putting together packages now for parties of two to 10 — $75 per person that would include a chef, a server, the food, and have us come over. We’ll try to create some of that restaurant feel.”

“The word ‘layoffs’ was very moving for me — in the 55 years we’re been in business, we’ve never had to deploy that terminology or even exercise the notion of laying off our most valuable asset — our employees,” said Andy Yee, a principal with the Bean Group, which operates a number of restaurants across the area, including the Student Prince in Springfield and Johnny’s Tavern in South Hadley, noting that the company had to let more than 350 employees go. “It was very painful for my family and I to go ahead and lay off the majority of our workforce because of this horrific turn of events. Nonetheless, when there’s no revenue coming in, there’s no other choice but to exercise that dreaded word.”

Sue Tansey, co-owner, with her husband, Mark, of Partners in Agawam and the Cup in West Springfield, said the company, which focuses on breakfast, lunch, and catering, is seeing all aspects of its business impacted, with the catering all but wiped out. The Cup has been closed, while Partners will carry on with carry-out, curbside delivery, and online ordering.

“We’re trying to utilize as few employees as possible,” she said, adding that, nonetheless, the company is trying to preserve as many jobs as it can while also provide services to a public that is often challenged to cook.

With this is mind, the company will expand its offerings to what Tansey calls “family meals” — takeout offerings that include soups, chicken parm, turkey, and, for St. Patrick’s Day, corned beef and cabbage — and also extend its hours from 7 a.m. to 5 p.m. (previously, it was open 7 to 2).

Collins, who has closed HighBrow, said he’s trying to find ways to keep as many of his employees at Center Square Grill (95 of them by his estimate) working, even  if it’s part-time.

“We’re going to take the opportunity over the next three weeks to do some deferred maintenance, cleaning, and painting, and we’re going to offer that out to people,” he explained. “If the response is more than the workload, we’ll at least give people part-time shifts. My goal is to support all 95 people, in one shape or form, through this.”

Local and state governments are supporting local restaurateurs in other ways. For example, Massachusetts will postpone the collection of taxes to provide relief to the state’s restaurant and hospitality sectors by delaying the collection of sales tax, meals tax, and room-occupancy taxes, while also waiving all penalties and interest. Meanwhile, the city of Springfield has introduced an initiative called Prime the Pump, offering $222,679 in grants, up to a maximum of $15,000 for qualified restaurants.

“While the small-business support being advanced by the federal and state government is beneficial, it is clear to me that more creative and flexible financial lifelines need to be established for the small businesses, especially restaurants which have disproportionately felt the economic impact resulting from the coronavirus mitigation measures designed to protect us all,” said Tim Sheehan, the city’s chief Development officer.

Still, restaurants are finding ways to stay nimble in response to the crisis. While most had some form of takeout and delivery services, they now find themselves ramping up those efforts, many with curbside service that will enable customers to pick up dinner without going into the restaurant or even getting out of the car.

Overall, things got off to a somewhat slow start with such initiatives, said Yee, who theorized that this results from people having crammed freezers and refrigerators as a result of panic buying, and a desire to eat what they have.

He predicts — and really hopes — that, over time, people will want to get back in the habit of eating out — even if it’s still in their own home.

“This is old terminology, but people are loaded for bear — their refrigerators are chock full,” said Yee. “That first night, it was pretty much crickets when it came to people thinking about getting takeout. I think that’s going to change in time; people will say, ‘I’m tired of sitting home eating spaghetti and meatballs — I want a pizza,’ or ‘I want sushi.’”

Peter Rosskothen, co-owner of the Delaney House in Holyoke and several Delaney’s Market facilities where consumers can buy prepared meals, said that, after careful consideration, he decided the Delaney House was not well-suited to takeout and delivery, so efforts are being focused on the markets.

And at those locations, business has been “steady,” he said, echoing those thoughts about people eating what’s in their own freezers at the moment.

“We’re not going crazy, but we’re not slow, either,” he explained, adding that those facilities also do delivery, and if anything, he’s worried about being able to keep up if demand for that service increases dramatically. If it does, that will be a good problem to have at a time when people in this sector could use one.

But despite their lives and businesses being turned upside down, restaurateurs, at least the ones we spoke with, are trying to remain positive and look for opportunities to succeed both now and when they get to that other side.

“I think we’re all in the same boat; we’re just getting hit first,” Rosskothen said, referring to the broad hospitality sector. “Only time will tell. The best we can do is utilize our smartness and fight through this as much as we can. We’re a very resilient country; we’ll come out of this, and something good will come out of this — I’m convinced of that. We might be struggling a little bit, but something good will come out of this.”

Collins also chose to find a bright side to all this.

“This is opportunity … everybody has to stay positive and say, ‘how am I going to come out of this?’” he told BusinessWest. “Maybe it’s with a new and exciting menu and a cleaner restaurant that’s in better shape than it’s ever been. People can give careful thought to promotion and how to operate on the other side, and also charge their batteries. A lot of people burn out in the restaurant business — so take a break, collect your thoughts, and kick some ass on the other side.”

Meanwhile, many are already seeing some good in the form of the support they’re receiving from loyal patrons who want to help see them through these incredibly difficult times.

“We have a loyal following, and there are people out there supporting our initiatives,” said Yee. “I received a couple of texts last night … people saying, ‘I’m here, I got some takeout, I’m here to support,’ and they send along a picture of them with their takeout bag.”

And though they’re competitors, many of these restaurant owners are also collaborating, especially with the Strength in Numbers initiative.

It will run for three days later this month — March 28-30 — and incentivizes consumers to help restaurant owners by including a $20 gift voucher with each $100 gift card purchased.

The list of participating restaurants continues to grow, and includes the Fort and Student Prince, Johnny’s Tavern, Johnny’s Tap Room, Johnny’s Roadside Diner, the Halfway House, Union Kitchen, McLadden’s, Johnny’s Bar and Grille, IYA Sushi, the Boathouse, Wurst Haus, Copper House Tavern, the Delaney House, Delaney’s Market, the Mick, Center Square Grill, HighBrow, Spoleto, Mama Iguana’s, bNapoli, Lattitude, the Meeting House, the Federal, and others.

Coronavirus Cover Story

Experts Stress Everything from Communication to Listening to Millennials

Ross Giombetti acknowledged that it’s never easy to be a leader.

But it’s certainly much easier when times are good and the decisions are not that difficult. It’s when times are stressful and uncertain — and those two adjectives clearly and effectively define what it has happening locally, regionally, nationally, and globally due to COVID-19 — that leaders have to earn their pay and be … leaders.

“What’s that phrase — a rising tide lifts all boats,” said Giombetti, president of Wilbraham-based Giombetti Associates, a consulting firm that specializes in helping individuals, teams, and businesses reach maximum potential. “When everything’s going right, it’s easy to act the right way and manage the right way. The real test for a leader is how they act, behave, handle themselves, and make decisions in times of pressure, stress, or crisis.”

So, how does one lead effectively in such times? We talked with Giombetti and two others who would be considered experts on leadership — Jim Young, a Northampton-based coach, consultant, and founder of the Centered Coach, and Anne Weiss, a Longmeadow-based coach and consultant who specializes in everything from executive and team coaching to transition and succession planning. Suffice to say they had a lot to share on this subject. Here are some of their collective thoughts and words of advice on providing effective leadership in these unprecedented times:

• Be compassionate. “First and foremost, people need to be compassionate and understanding,” said Giombetti. “They need to listen to people and understand how all this is impacting them. And then be responsive. But first, you have to be compassionate, you have to be understanding, and you have to listen.”

Weiss agreed. “Listen to what people are having to deal with,” she said. “You don’t know what people are having to cope with — it might be their finances, it might be their kids, especially if school is closed. Leaders should have listening lessons where they say, ‘tell me what you’re dealing with, so I know.’”

• Be flexible. “You have to be flexible in times of stress and pressure,” Weiss noted. “In situations like the one we’re facing now, if you’re not flexible with your approach and mentality, that would probably make the situation with those around you far worse.”

• Gain the input of others. “Leaders need to open things up,” Young said. “They should say, ‘we’re in this together; I’m going to take the lead because that’s my role. But I’m also open to hearing what ideas you have.’ The strength of the organization as a whole is greater than the leader.”

• Be emotionally honest. “Leaders are looked to for answers at times like this,” Young continued. “And especially in this situation, there are no easy answers. It can an alluring trap to fall into — ‘I need to be in command, and I need to come up with answers and be in control’ — but they need the vulnerability of saying, ‘this is unprecedented. I don’t know what the answers are here, but I’m going to be here to work with you and take care of you, and I want to know what’s going on with you.’”

• But make the tough decisions. “Once you’ve heard people out and been compassionate with your ears by listening and showing that you really care, then it’s the leader’s responsibility to take bold action,” Giombetti said. “He or she has to make the tough decision. It may be unpopular, it might be one that gets ridiculed, but a real leader doesn’t worry about getting flak or being ridiculed, because they’re going to get it regardless of what they do. So you must have broad shoulders.

“If you worry too much, if you panic, if you’re indecisive, if you’re not committed to taking bold action,” he went on, “I think that’s when things can get far worse.”

• Maintain morale. “You keep morale up by acknowledging the leadership and what they’re having to deal with,” said Weiss. “You recognize the hard work people are doing, and you thank them for what they’re doing in these difficult times. Talk to people and show that you appreciate them.”

• Slow it down. “This is counterintuitive, but in situations like this, the best leaders will slow things down a little bit,” noted Young. “They’ll take an extra moment to assess what their plan is going to be and how they’re going to communicate that. Rushing with answers in a complex situation like this can create more damage because you might have to walk things back.

• Create a balance between thought and action. “A majority of us tend to react to situations of stress and pressure emotionally — it’s how our brains work,” Giombetti said. “We’re wired to react emotionally to most difficult situations. What leaders have to fall back on in times like this is, before they react or make a decision or even say something, just think through it; spend some time and think through it. Most people jump too quick to action, and most of it is based on emotion.”

• Show your emotions, but try not to panic or overreact. “Leaders have to balance being responsive, being compassionate, and caring about doing the right thing, and remaining calm,” Giombetti went on. “If you’re a leader and you panic and you show it, as kids do with their parents, your people will feed off that.”

• Listen to young people. “Generally, they’re not as stuck in their ways as many older people are,” noted Weiss. “They see opportunities and ways of doing things that we might not see.”

• Look for new opportunities. “Instead of looking at this as doomsday, leaders should be thinking about where there might be opportunities,” said Young, who is doing this himself. Indeed, he traditionally presents programs in front of large audiences, something he won’t be able to do for the foreseeable future. In response, he’s looking to present more programming virtually.

“There’s always light waiting on the other side of the dark,” he went on. “Sometimes, what’s required in these moments when the lights have seemingly gone out is an attitude of ‘what can we discover? What can we do differently?’

Weiss agreed, noting that many restaurants in the Boston area — and they are among the hardest-hit by the crisis — are responding by creating new takeout and delivery services.

• Finally, take care of your health. “Leaders have to be available to address what’s happening,” said Weiss. “So, while watching out for everyone else, they need to take care of their own health.”

 

Coronavirus

Getting Ready

The Emergency Department was rather quiet at Baystate Medical Center on Monday morning.

And Dr. Niels Rathlev, chair of the Department of Emergency Medicine, attributed this to the fact that the public is listening to the governor and other elected officials and staying away from the ER unless they really need to be there.

But that relative quiet in the ER — one spokesperson for the hospital described it as “almost eerie” — is almost certain to be short-lived as the spread of COVID-19 continues in this region. And that eventuality was the inspiration for the construction of a rapid-response triage facility just outside the entrance to the ER.

Crews began work on the facility last Friday, and it is due to be completed by the beginning of next week, Rathlev told a group of reporters struggling to hear him over the sounds of the construction going on behind him. It is expected to hold roughly 35 to 40 chairs — each of them six feet apart — for individuals entering the ER.

“There’s community transmission of the virus at this point,” said Rathlev. “And we really are preparing for more patients showing up for screening. This is not to expand testing; the real issue is to try to keep patients that don’t require admission to the hospital — acute emergency care — and screen them rapidly out here.

“The next step is to really to develop protocols and figure out how we’re actually going to move patients through, as opposed to bringing them in through the building,” he went on.  “Right now, this [triage] is happening inside the building; if we have numbers of patients coming in that require screening, we need to do this somewhere else, and this is where that’s going to happen.”

Construction of the triage center is a step that mirrors what is happening in other parts of the country, Rathlev noted, adding that some areas, such as the state of Washington, established such facilities days or weeks ago in anticipation of a surge in visits to the ER and the critical need to triage those coming in. Those communities are sharing best practices, and Baystate will learn from them as they put this facility in operation, he added.

“If you look at trauma centers in Boston and Worcester, we’re all preparing for this,” he said. “Washington State and California are ahead of us for obvious reasons — they’ve had multiple, multiple cases — so they’re sharing protocols with us, and we’re sharing as well.”

Coronavirus Features

Taking Action

If your business, or one or more of your major customers’ or suppliers’ businesses, have been or could be adversely impacted by the effects of the coronavirus outbreak, Bulkley Richardson recommends considering the following proactive actions:

1. Review Insurance Coverage. Most standard business insurance packages include ‘business-interruption’ coverage. Business-interruption insurance is designed to replace income lost in the event that a business is halted for some reason, such as a fire or a natural disaster. It can also cover government lockdowns or mandatory curfews or closings such as those becoming more widespread as a result of the coronavirus. In addition to lost income, such coverage may also include items such as operating expenses, a move to a temporary location if necessary, payroll, taxes, and rent or loan payments. Since the language that addresses the terms of business-interruption coverage and exclusions can be lengthy and complex, it can be helpful to have your policy reviewed by a qualified expert.

2. Review Critical Contracts. It is quite common for certain types of contracts, such as supply contracts that require future performance on the part of one or both parties, to include a contract provision that allows a party to suspend or terminate the performance of its obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible. Such provisions are most often referred to and appear under a ‘force majeure’ clause of a contract. If disaster strikes or the unanticipated occurs beyond the control of a party, such in the case of coronavirus, a force majeure clause may excuse one or both parties from performance of their contractual obligations without liability to the other party.

Determining which types of circumstances will be covered by the force majeure clause is obviously essential. Standard provisions often cover natural disasters like hurricanes, floods, earthquakes, and weather disturbances sometimes referred to as ‘acts of God.’ Other covered events can include war, terrorism or threats of terrorism, civil disorder, labor strikes or disruptions, fire, disease, or medical epidemics, pandemics, or other outbreaks. Such provisions can also place certain obligations on a party seeking to take advantage of excused performance such as undertaking reasonable actions to minimize potential damages to the other party. As with insurance coverage, it can be very helpful to have the assistance of a qualified expert in reviewing contracts critical to the survival of your business.

3. Communications. Once you have reviewed the terms of your business-insurance coverage and critical contracts, you will be in a much better position to effectively communicate with your insurers, suppliers, customers, vendors, creditors, and other parties with whom your business has relationships concerning the uncertainties facing your business and the businesses of those with whom you have significant ongoing relationships.

Actions like placing an insurance carrier on notice of or making a business-interruption insurance claim, advising another party of your intention to exercise your rights under a force majeure clause of a contract or being prepared for another party with whom you have an important relationship to do so, or effectively communicating with a lender, landlord, or other creditor to productively address disruptions to such relationships are all critical to minimizing losses and ensuring the survival of your business. As with the interpretation of insurance policies and other contracts, input from experts can be very helpful in developing effective communications and providing advice concerning the parties to whom such communications should be directed.

Bulkley Richardson launched a COVID-19 Response Team to address issues critical to businesses and their employees. Call (413) 272-6200 to reach the team.

 

Coronavirus Cover Story Features Special Coverage

Life in Limbo

It was becoming clear weeks ago that the novel coronavirus would have some sort of economic impact once it washed ashore in the U.S. — but it’s still not clear, and perhaps won’t be for some time, how severe and wide-ranging the damage could be, as people cancel travel plans, curtail business operations, shut down college campuses, and take any number of other actions to stay safe. It’s a fast-moving story, and one that’s only beginning.

The first confirmed cases of the novel coronavirus had barely shown up in the U.S. when some of Bob Nakosteen’s students in an online graduate economics course started dropping the course because they were dealing with a more immediate issue: supply-chain interruptions in their own companies.

“These companies have supply chains that stretch into China, and, well … the word ‘disruptive’ doesn’t even capture it,” Nakosteen said. “Those chains have been completely severed. These people are absolutely in crisis mode.

“A situation like this interacts with the ethic of lean production,” he went on. “People keep limited inventories — and that’s great as long as there’s a supply chain that’s frictionless and reliable. As soon as you get a disruption in the supply chain, which could happen because of a strike, because of a virus, for any number of reasons, there’s no inventory buffer. It doesn’t cause delayed difficulty to the firm; it causes an immediate one. And that’s what you’ve got now.”

Editor’s Note:

The coronavirus pandemic is impacting this region and its business community in ways that are far-reaching and unprecedented. Visit COVID-19 News & Updates  and opt into BusinessWest Daily News to stay informed with daily updates.

More than a week has passed since we spoke with Nakosteen — a professor and chair of the Department of Operations and Information Management at Isenberg School of Management at UMass Amherst — for this story, meaning another week for the supply-chain situation for manufacturers and other companies to deteriorate.

In fact, when it comes to the economic impact of the virus that causes the respiratory illness known as COVID-19, now officially a pandemic, virtually everything has only gotten worse.

“We have to assume everything will be affected. Airlines are experiencing reduced demand, cancelling hundreds and thousands of flights,” he said, noting that reduced tourism will hit numerous sectors, from hotels and restaurants to ground transportation and convention halls, that rely on travelers.

“How many firms are curtailing business travel? The NCAA now plans to play playing games with empty stands,” he went on, a decision that became official soon after — not to mention the NBA suspending its season outright. “What happens to the people who provide parking and concessions? Now multiply that over hundreds or thousands of events that are scheduled to take place over the next couple of months. It’s going to have an economic effect.”

UMass Amherst

UMass Amherst is one of several area colleges and universities that are sending students home and will conduct remote classes only for the time being.

Nakosteen’s own campus is certainly feeling that impact. The day before BusinessWest went to press, the five campuses in the UMass system suspended in-person instruction and will transition to online course delivery, at least through early April and perhaps beyond. That followed a similar move by Amherst College, whose president, Carolyn Martin, told students the college was taking to heart the announcement by Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, that the U.S. is past the point of totally containing COVID-19. Other area colleges have since followed suit, or are considering their options.

“While there continue to be no reported cases of the virus on our campus, we need to focus on mitigating its possible effects,” she said, using language that will no doubt be similar to the statements other colleges, in Massachusetts and across the U.S., are currently preparing. “We know that many people will travel widely during spring break, no matter how hard we try to discourage it. The risk of having hundreds of people return from their travels to the campus is too great. The best time to act in ways that slow the spread of the virus is now.”

While all travel is slowing — for example, the governors of Massachusetts and Connecticut have both curtailed out-of-state business travel by government employees, and President Trump issued a European travel ban — Don Anderson, owner of the Cruise Store in East Longmeadow, has seen vacation travel take a major hit.

“We’re a society where, when you’re growing up, you eat your meal, and then you get your dessert. Now we have a situation where people are not having their dessert — their vacation,” he told BusinessWest. “Imagine kids not going to the islands or not going to a park, to the annual parade, not going anywhere. We are a society that works our butts off, we put in overtime, so we can have our time off. To have a year with no time off, that’s not who we are. As Americans, we want our vacation, we want our escape, so we can recharge and come back and work our butts off again.”

But they’re increasingly calling off those vacations, even though Fauci told reporters last week that cruise ships, with all the precautions they’re taking (more on that later), are safe for healthy young people.

“These companies have supply chains that stretch into China, and, well … the word ‘disruptive’ doesn’t even capture it. Those chains have been completely severed. These people are absolutely in crisis mode.”

“The bottom line is, we are unintentionally punishing ourselves by not having an escape. A good portion of our customers are going on trips, but many are not,” Anderson said, adding that he expects the industry to recover after the crisis is over. “That’s what we’re all hoping. Otherwise, it’s a dire situation for the industry and even more so for the economies that travel impacts directly and indirectly, including the United States.”

For now, though, businesses of all kinds are in a sort of limbo, bearing the initial brunt of an economic storm spreading as quickly as coronavirus itself — no one really sure how severe it will get, and when it will turn around.

Sobering Education

Many companies, from small outfits with a few employees to regional giants, are grappling with similar questions about what to do if the virus threatens their workforce. On that upper end, size-wise, is MassMutual in Springfield, which has certainly talked strategy in recent days.

“MassMutual is taking appropriate action to protect the health of our employees, their families, and our community and assure the continuity of our business operations,” Laura Crisco, head of Media Relations and Strategic Communications, told BusinessWest. “This includes limiting non-essential domestic and international business travel and ensuring employees are prepared to work remotely, including proactively testing work-from-home capabilities.”

In the meantime, MassMutual is limiting non-essential guests at its offices, enhancing cleaning protocols at its facilities, and limiting large-scale meetings, she added. “We are continuously monitoring this evolving situation, reassessing our approach, and staying in close communication with our employees.”

Most importantly, Crisco said, anyone who is sick is encouraged to stay home, and the company is also communicating basic guidance on how to prevent the spread of germs, such as thorough hand washing, using hand sanitizer, covering coughs and sneezes, avoiding close contact with people who are sick, avoiding touching faces with unwashed hands, and frequently cleaning and disinfecting touched objects and surfaces.

Kevin Day, president of Florence Bank, told BusinessWest the institution has disaster plans in place for a host of circumstances, from epidemics to natural disasters, and has developed strategies for meeting basic customer needs in case staffing is reduced.

Bob Nakosteen

“As soon as you get a disruption in the supply chain, which could happen because of a strike, because of a virus, for any number of reasons, there’s no inventory buffer. It doesn’t cause delayed difficulty to the firm; it causes an immediate one.”

“We just checked with all our managers and asked, ‘are we comfortable that everyone is cross-trained enough, so that, if your area was out, we could function?’ Pretty much everyone said, ‘yes, we have the plans right here, we know exactly what we’d do.’

He understands, however, that no one can anticipate the extent of the crisis quite yet.

“It’s not like we haven’t seen challenges in the past. Whatever challenge is presented, we’ve just got to get the right people in the building together and think about how to continue to do what we do, which is open the door and serve the customers. We have those things in place,” Day said. “As it ramps up, and all of a sudden your employees start coming down with it, the escalation would get much greater, and you might have to take more draconian steps.”

‘Draconian’ might be a word some people used when they first heard about the college shutdowns, but there’s a logic behind that move.

“While at this time there are no confirmed cases of COVID-19 on our campus or in the surrounding community, we are taking these steps as a precautionary measure to protect the health and well-being of our students, faculty, and staff,” Kumble Subbaswamy, chancellor of UMass Amherst, said in a statement to students. “By reducing population density on campus, we will enable the social distancing that will mitigate the spread of the virus. There is presently no evidence that our campus is unsafe, but our transition to remote learning is intended to create a safer environment for all — for the students who return home and the faculty and staff who remain.”

He conceded that the move is a massive disruption for students and families, but said the university is committed to helping those with the greatest needs on an individual basis. Meanwhile, the Provost’s office is working with the deans to identify laboratory, studio, and capstone courses where face-to-face instruction is essential, and students in these courses will be notified whether they can return to campus after spring break.

At the same time, Martin said Amherst College will consider making exceptions for students who say it’s impossible to find another place to stay.

“It saddens us to be taking these measures,” she added. “It will be hard to give up, even temporarily, the close colloquy and individual attention that defines Amherst College, but our faculty and staff will make this change rewarding in its own way, and we will have acted in one another’s best interests.”

Elementary-, middle- and high schools may close as well, after Gov. Charlie Baker, as part of his emergency declaration last week, freed school districts from mandatory-days rules, so that they have the flexibility to make decisions on temporary closures due to coronavirus.

Specifically, the longest any school district will be required to go is its already-scheduled 185th day. No schools will be required to be in session after June 30. Schools may also disregard all attendance data for the remainder of the school year.

Reaction or Overreaction?

While some economic impacts may be inevitable, Anderson questioned whether some businesses are being hurt more than others based on, in his case, media spin that has focused on a couple of recent outbreaks on cruise ships.

“Honestly, I’m more concerned walking into the supermarket — that tomato I’m grabbing or fresh produce I’m purchasing, I don’t know how many people before me have touched it. I don’t know who’s touching the elevator button. I don’t know who entered their pin number on the debit/credit-card reader. Even when we voted, everyone who used the polling booth shared the same pens,” he said, adding quickly that election officials in East Longmeadow, where he is a Town Council member, did occasionally wipe down the voting surfaces and pens, as did other communities.

“What we do know is there’s been well over 20,000 deaths of American citizens from the flu this season alone, but I’m not seeing large, front-page stories about that,” Anderson noted. “Why aren’t there long lines out of the local CVS or Walgreens to get the flu vaccine?”

Dr. Robert Roose

Dr. Robert Roose

“We are regularly in touch with the state Department of Health as well as monitoring guidance from the Centers for Disease Control. That’s important to ensure all of our activities are aligned with the latest data and resources.”

The key, he said, is a balanced and measured response — and for people to use healthy practices all the time. As one example, he noted the hand-washing stations at the entrance of all restaurants on cruise ships. While at least two cruise lines have temporarily suspended voyages, those still operating strictly follow those protocols.

“You have dedicated crew reminding everyone and watching so you wash your hands before going in,” he said. “It’s not something you see in stateside restaurants. But on cruise ships, you have to wash your hands. These washing stations were a consequence years ago of the norovirus impacting a small number of cruise-ship passengers. As a result, the incidences onboard ships has lowered.”

Meanwhile, U.S. Travel Assoc. President and CEO Roger Dow worried about bold moves like barring European travel. “Temporarily shutting off travel from Europe is going to exacerbate the already-heavy impact of coronavirus on the travel industry and the 15.7 million Americans whose jobs depend on travel,” Dow said in a statement.

While many businesses struggle with the economic impact of the novel coronavirus and the anxiety it’s causing among Americans, others see it as a chance to expand their services.

For example, the Springfield-based law firm Bulkley Richardson launched a COVID-19 response team last week comprised of attorneys in the areas of business, finance, employment, schools, healthcare, and cybersecurity. Understanding that each business will be affected differently, the firm noted that taking proactive measures may help minimize the risk of business interruptions, and the COVID-19 response team has developed — and posted on its website — a catalog of issues to be considered by each business owner or manager.

Meanwhile, Associated Industries of Massachusetts published an expansive guide to employment-law issues that might arise due to the virus, dealing with everything from quarantines and temporary shutdowns to remote work and employee privacy issues. That guide is available at aimnet.org/blog/the-employers-guide-to-covid-19. John Gannon, a partner with Skoler, Abbott & Presser, also answers some relevant questions in this issue.

Righting the ship if COVID-19 sparks an actual recession could be difficult, for a number of reasons, writes Annie Lowrey, who covers economic policy for the Atlantic. She notes several reasons why a coronavirus recession could be difficult to reverse in the short term, including its uncertainty, demand and supply shocks at the same time (that supply-chain issue again), political polarization in the U.S., the global nature of COVID-19, and the fact that monetary policy is near exhaustion, as the Federal Reserve has already cut rates to near-historic lows, leaving little room to maneuver in the coming months

“They really don’t have much space to cut,” Nakosteen added. “Normally when the economy runs into trouble, the Federal Reserve runs in to the rescue. The problem now is we don’t have much room to rescue.”

He also cited the psychological factor that can quickly turn economic anxiety into something worse. “People say, ‘oh my God,’ they start drawing in their tentacles, and that’s when you have a recession.”

Lives in the Balance

None of this is to suggest that the economic impacts of COVID-19 outweigh the human ones. This is, foremost, a health crisis, one the healthcare community, particularly hospitals, are bracing for.

“We have an emergency preparedness committee, but those policies are sort of general,” said Dr. Joanne Levin, medical director of Infection Prevention at Cooley Dickinson Hospital. “We’ve had a lot of incidents in the past decade — we’ve prepared for Ebola, measles, H1N1, a lot of things. But each epidemic is different in how it’s transmitted and what to watch for. With each epidemic, we have to go through the emergency preparation plan and figure things out.”

Dr. Robert Roose, chief medical officer at Mercy Medical Center, echoed that idea. “We have a standard infection-control committee and a plan that we would activate whenever we have a surge of infectious-disease patients,” he told BusinessWest. “This particular situation is rapidly evolving. We are regularly in touch with the state Department of Health as well as monitoring guidance from the Centers for Disease Control. That’s important to ensure all of our activities are aligned with the latest data and resources.”

Meanwhile, the state Department of Public Health (DPH) continues to offer guidance to the public at www.mass.gov/2019coronavirus. It’s also urging older adults and those with health issues to avoid large crowds and events, while individuals who live in households with vulnerable people, like elderly parents, should also consider avoiding crowds. The DPH is also issuing guidance to long-term-care facilities, where sick visitors could endanger dozens of people very quickly.

Still, coronavirus is also an economic story, one with a plot that’s only beginning to take shape. It also may be a long story, with no end in sight.

“We’re in a position where we don’t know exactly what’s going to happen, but we can speculate on what parts of the economy are going to be affected,” Nakosteen said. “We’re all watching it play out without a whole lot of idea how it will play out.”

Joseph Bednar can be reached at [email protected]

Coronavirus

Coronavirus in the Workplace

By John Gannon and Andrew Adams

John S. Gannon

John S. Gannon

Andrew Adams

Andrew Adams

For those of you not living under a rock or in Antarctica, COVID-19 (the novel coronavirus), has become a topic of everyday discourse. As the number of reported COVID-19 cases rise, so do the concerns for businesses and their employees.

Employers are wondering what, if anything, they can do to help their workplace remain safe. At the same time, employees may fear coming into the office and working alongside sick colleagues or customers. Can these folks stay home? Can employers force them to stay home? Do businesses have to pay employees who stay home? Should they pay them? These are some of the questions we tried to answer during this rapidly evolving situation.

How Does Coronavirus Relate to Workplace Laws?

The Equal Employment Opportunity Commission (EEOC) is tasked with enforcing workplace anti-discrimination laws such as the Americans with Disabilities Act (ADA). Several years ago, the EEOC put out guidance explaining that the ADA is relevant for employers to consider during pandemic preparation because it regulates the types of questions and actions employers can take when dealing with employees suffering from medical impairments.

“Employers should maintain flexible policies that permit employees to stay home to care for a sick family member. Employers should be aware that more employees may need to stay at home to care for sick children or other sick family members than usual.”

Recently, the EEOC referenced this guidance when discussing coronavirus, and also stated that the guidance does not interfere with or prevent employers from following the guidelines and suggestions made the Centers for Disease Control and Prevention (CDC) about steps employers should take regarding coronavirus.

CDC’s Recommended Strategies for Employers

The CDC’s “Coronavirus Disease 2019 (COVID-19): Interim Guidance for Businesses and Employers” lists several suggestions for employers to implement in their practices. We summarize the most relevant recommendations below:

• Actively encourage sick employees to stay home.

• Ensure sick-leave policies are flexible and consistent with public health guidance. Employers should maintain flexible policies that permit employees to stay home to care for a sick family member. Employers should be aware that more employees may need to stay at home to care for sick children or other sick family members than usual.

• Separate sick employees. Employees who appear to have acute respiratory illness symptoms (i.e. cough, shortness of breath) upon arrival to work or become sick during the day should be separated from other employees and be sent home immediately.

• Emphasize staying home when sick, respiratory etiquette, and hand hygiene by all employees. The CDC recommends that employers provide soap and water and alcohol-based hand rubs in the workplace, and instruct employees to clean their hands often with an alcohol-based hand sanitizer that contains at least 60% to 95% alcohol, or wash their hands with soap and water for at least 20 seconds.

• Advise employees to take certain steps before traveling, including checking the CDC’s Traveler’s Health Notices for the latest guidance and recommendations for each country to which employees will travel.

• Employees who are well but have a sick family member at home with COVID-19 should notify their supervisor and refer to CDC guidance for how to conduct a risk assessment of their potential exposure.

• If an employee is confirmed to have COVID-19, employers should inform fellow employees of their possible exposure to COVID-19 in the workplace but maintain confidentiality as required by the ADA.

Some Questions and Answers

Here are some of the most common questions we have been getting from businesses in connection with the coronavirus outbreak:

Can employers ask for more information from employees who call out sick? Yes, employers can ask employees if they are experiencing flu-like symptoms, as long as they treat all information about sickness as confidential.

Can employers request that employees stay home if they are experiencing flu-like symptoms? Yes, but employers should consider whether they will pay employees who are asked to stay home due to possible coronavirus exposure. Also, absenteeism policies should be relaxed if you require an employee to remain at home, or if the employee is required to stay at home due to a mandatory requirement. Employers should be mindful of employment laws that speak to sick-time usage, including the Massachusetts Earned Sick Time Law.

When an employee returns from travel during a pandemic, must an employer wait until the employee develops influenza symptoms to ask questions about exposure to pandemic influenza during the trip? No. If the CDC or state or local public health officials recommend that people who visit specified locations remain at home for several days until it is clear they do not have pandemic influenza symptoms, an employer may ask whether employees are returning from these locations, even if the travel was personal.

May an employer encourage employees to telework (i.e., work from an alternative location such as home) as an infection-control strategy during a pandemic? Yes. The EEOC states that telework is an effective infection-control strategy. In addition, employees with disabilities that put them at high risk for complications of coronavirus may request telework as a reasonable accommodation to reduce their chances of infection.

Do we have to pay employees who stay home sick? As a general rule, non-exempt/hourly employees are only required to be paid for any time they perform work. If a non-exempt employee is required by you or a public health authority to stay home, they do not need to be compensated for that time, unless they have company-provided sick-time benefits. However, businesses need to consider fairness in this situation.

Employers should encourage the use of unused vacation or personal time if the employee is out of sick time, and also be wary of employee morale problems that could arise if employees are required to remain out of the office and are forced to go without pay. This is especially true given the comments that members of Congress on both sides of the aisle have made regarding the need for American businesses to step up and pay workers for time out that may be occasioned in a pandemic scenario.

In short, employers without telecommuting options should consider paying employees for time spent under self-quarantine, even if the employee is out of sick-time benefits. Employers should also remember that their exempt employees should be paid full salaries if they perform any work during a work week, even if it is done at home.

Employers should be carefully monitoring the CDC website for updates and information. In addition, now is a good time to review your company sick-leave policy and consider whether you will allow for more time off during pandemics. We also recommend that employers consult with labor and employment counsel on this complex situation if they are planning to take action against sick employees or instituting any new policies.

John Gannon is a partner with Springfield-based Skoler, Abbott & Presser. He specializes in employment law and regularly counsels employers on compliance with state and federal laws, including the Americans with Disabilities Act, the Fair Labor Standards Act, and the Occupational Health and Safety Act. He is a frequent speaker on employment-related legal topics for a wide variety of associations and organizations. Andrew Adams is an associate with the firm and specializes in labor and employment law; (413) 737-4753.