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Coronavirus

For This Springfield Business, Better Times Are on Tap

Ray Berry

Ray Berry, seen here at the site of White Lion’s new facility in Tower Square, now under construction, says the pandemic impacted virtually every aspect of his business.

From the beginning of the pandemic, Ray Berry’s White Lion Brewery was deemed an essential business by the state’s governor.

That means it was allowed to remain open when many others had to close amid efforts to flatten the curve and relieve the tension on the region’s healthcare system.

But as any other venture on that large list can attest, ‘essential’ does not mean free of challenges, headaches, anxiety, and uncertainty about what might come next.

Indeed, there’s been plenty of all of those things for this Springfield-based company that was looking toward 2020 as a watershed year, and still is in at least some respects.

Especially with plans for a much-anticipated taproom and accompanying restaurant in Tower Square — specifically the former Spaghetti Freddy’s site — now moving forward again after a halt to most forms of construction during the spring.

“Pre-COVID, we were really ramping up and starting to fire on all cylinders relative to sales and construction — we were about to onboard another salesperson and were also looking to obtain another vehicle and perhaps another part-time person to deliver our product,” he told BusinessWest. “And then … the pandemic hit.”

And it hit hard, impacting the company from “front to back,” as Berry put it.

“Pre-COVID, we were really ramping up and starting to fire on all cylinders relative to sales and construction — we were about to onboard another salesperson and were also looking to obtain another vehicle and perhaps another part-time person to deliver our product. And then … the pandemic hit.”

By that he meant virtually every aspect of the business, from the closure of the hundreds of bars and restaurants (as well as MGM Springfield) that sold White Lion to a halting of construction work on the brewery; from the canceling of high-profile events where the brand had a presence, such as the Holyoke Road Race, to the suspension of the beer gardens the company has hosted in downtown Springfield and Westfield during the summer and fall months.

“It was just like a crash — it all happened at once within a 48-hour period when the state and federal governments stepped in and put restrictions in place,” he noted, adding that, as sales plummeted (only liquor stores, also deemed essential, remained as a distribution point), the company had to lay off some of its employees in stages and figure out how to manage with those who remained.

White Lion has been helped by assistance programs on a number of levels, from the federal Paycheck Protection Program to the local Prime the Pump initiative created by the Development Department in Springfield, said Berry, adding that this help, coupled with the remaining business from liquor stores, enabled the company to stay on its feet during those brutal spring months.

And as the state continues to reopen businesses, the outlook for White Lion continues to brighten. Restaurants have reopened across the region, and the state’s casinos have been given the green light to open their doors, although MGM Springfield has not given a specific date when it might do so. And work has resumed on the project in Tower Square, and Berry is projecting that his crew can be in and brewing beer by the end of this month.

“The taproom component is under construction now,” he went on, “and we hope that by mid-August, the taproom piece, as well the kitchen piece, will be complete, and that by the end of August or early September we can start welcoming people into the space.”

Meanwhile, White Lion has recalled most of its seven employees and expects to be “whole” in that regard by late July, he said.

Projecting beyond the next few months is difficult, but Berry believes the company will be able to open its beer gardens in late August or early September, noting that these ventures will be part of phase 3 of the state’s reopening plan.

Looking back — and ahead — Berry, echoing countless other business owners across every sector of the economy, said the pandemic has provided a stern test, one he believes his team is passing through determination and imagination.

“It’s been a challenge in every way you can imagine,” he told BusinessWest. “It’s just a predicament that we’re in, and we have to pivot and continue to find ways to remain resourceful and efficient for the benefit of the sustainability of the company.

“I always said that we’re all resilient as people,” he went on. “And there’s always going to be a light at the end of the tunnel. We don’t know how long that tunnel may be, but there will be a light, and we’re starting to see some of that that now.”

—George O’Brien

Coronavirus

At This School, Pandemic Has Been a Real Learning Experience

Brian Easler says Wilbraham Monson Academy

Brian Easler says Wilbraham Monson Academy was perhaps better prepared for the pandemic than some other institutions, but pivoting to online learning was still a stern challenge.

Brian Easler still recalls the name of the briefing staged by the Centers for Disease Control in Washington, D.C. more than a decade ago: “The Impending Pandemic.”

Actually, what he remembers even more was the subtitle to the program: “It’s Not a Matter of If, It’s a Matter of When.”

He took the content to heart, and because of that, he believes Wilbraham Monson Academy (WMA), which he serves as head of school, was in some ways better able to handle the arrival of COVID-19 in mid-March.

“We had prepared pretty well for something like this, actually,” he told BusinessWest. “That was a three-day workshop I attended in Washington led by some of the country’s leading epidemiologists. I came back to the school with a lot of good information on how to prepare.”

Elaborating, he said that, because of that warning, the school was well-stocked with what everyone knows now as PPE, and there were plans already in writing for several different scenarios depending on when in the school year the pandemic actually hit.

Such preparation certainly didn’t make the closing of the campus to all but a few international students who simply couldn’t get home, or the transition to remote learning, easy. But it probably made it easier, said Easler, comparing what has transpired over the past several months to a military operation — and he should know, having served in the Army Airborne Rangers.

“You’re getting swept up in something bigger than yourself, where there’s risk involved and a degree of planning,” he explained. “And the decision making — the emergency decision-making process — is much different. During normal times, a decision might be very difficult to make; during an emergency, that decision becomes very easy. We wouldn’t normally turn our school meeting space into a second dining hall — that would be a big decision during normal times. But under these conditions, it was an easy decision to make.”

“We had prepared pretty well for something like this, actually.”

Flashing back to March — and then further back to what he heard all those years ago — Easler said the pandemic did not hit quite like those experts projected it would.

“What tripped up us a little bit is that the CDC was anticipating a pandemic that would be fast-moving,” he explained. “We were prepared for three weeks; that was fine when it came to PPE because all the students went home. But it didn’t help us with transition to an online education program; we had to literally make that up on the fly during spring break.

“In the end, it’s a good thing it wasn’t a fast-moving pandemic, because fast-moving also means really deadly,” he went on. “We were planning for a three- or four-week event, as opposed to a 12-month event, which is more like what we’re looking at. But as a school we saw the signs early, and we paid attention to the right things and the right information. When the students were getting ready for spring break, we told them to bring their laptops and books home with them and to be prepared in case we were not able to return for classes.”

Overall, that transition to remote learning went smoothly, he went on, because of the tight, close-knit nature of the WMA community and the hard work and dedication of staff and students. And these elements are also facilitating efforts to plan for the fall semester, which will start at its traditional time in early September and feature a hybrid model that mixes in-class and remote learning.

“We can simultaneously run classes on campus for the faculty and students who can be on campus, while students and faculty and who cannot be on campus can still synchronistically participate in the same program,” he explained. “It’s fluid, it’s very flexible, and, quite honestly, it’s the future of education anyway. We wish it didn’t take an event like this to move us in this direction, but we’re happy to be moving in this direction — it’s good teaching.”

Looking ahead to the fall, Easler said enrollment, which is traditionally roughly 400 students, remains steady, and, overall, the school may see its numbers rise due to uncertainty among parents about just what the public-school environment might look like come late August or September.

“We’re seeing a little bit of an uptick in local interest,” Easler noted. “I’m speculating, but I think the public-school systems are going to face some significant challenges, and they don’t necessarily have the space resources that we do — we’re structured much like a small college campus with multiple buildings, lots of outdoor space, and a number of spaces that, even though they’re not used as classrooms, can be used as socially distanced classrooms; we have a lot of advantages over public schools.”

Whether this interest locally translates into a bump in enrollment remains to be seen. But what is already clear is that early and effective planning has paid off for this venerable institution.

And it was necessary because the planners of that program in Washington all those years ago were right; it was a question of when, not if, a pandemic would arrive.

—George O’Brien

Coronavirus

Growing Need for Tents Is Helping Company Through a Trying Year

Greg Jerome stands by one of the tents

Greg Jerome stands by one of the tents his company supplied to the High Street Clinic in Springfield, an example of how the pandemic has created some opportunities while robbing the company of many others.

Greg Jerome didn’t want to get into any specific revenue numbers, but he made it clear that the COVID-19 pandemic has made this a year to forget for his business, Westfield-based Jerome’s Party Plus.

But he also made it clear that, if not for certain aspects of the pandemic, the numbers would be even worse.

Indeed, for this venture, and others like it, tent rentals are a big part of the portfolio. And while the pandemic has wiped all kinds of tent-worthy events off the calendar — from weddings to graduation parties to town gatherings like ‘taste of’ events — it has also driven considerable need for this item, especially over the past several weeks as sectors of the economy and specific types of businesses began to reopen.

That list includes restaurants, summer camps, and even churches, said Jerome, president of this family-run business that has 200 tents in its inventory, noting that his crews have been kept busy putting up tents in recent weeks, and not so much taking them down, because this year, when a tent goes up, it stays up for a while —perhaps the whole summer and beyond.

“We have more than 8,000 chairs, 800 tables, stages, dishware, glassware, flatware, linen, and many other items that have all been collecting dust for three months now.”

“And that’s just one of the things that makes this year very different,” he told BusinessWest, noting that going back to March, when he first installed a tent for Baystate Health for COVID-19 testing, the company has been involved with some unique undertakings.

However, he made it clear that, while he’s renting out tents, there is still a good supply available in the warehouse. Meanwhile, he’s not renting out much of anything else.

“We have more than 8,000 chairs, 800 tables, stages, dishware, glassware, flatware, linen, and many other items that have all been collecting dust for three months now,” said Jerome, adding that, while there is hope that some of these items may soon get back into circulation, the picture was further clouded by the cancelation of the Big E for 2020.

“The Big E cancellation will be our greatest loss of revenue this year,” said Jerome, noting that the Eastern States Exposition is his biggest customer and the fair is by far his biggest single event. “The cancellation of the fair certainly took the wind out of our sails; we always get excited during the push to install 150 tents and 3,500 chairs.”

For now, Jerome said his company is trying to make the most of the sudden, and still-surging, need for tents as businesses and institutions search for ways to carry on during the pandemic — often by moving activities and services outdoors. And his large inventory, especially when it comes to the bigger models, has certainly helped in this regard.

New and certainly non-traditional tent clients include several restaurants, including Shortstop Bar & Grill in Westfield, Tucker’s in Southwick, Captain Jimmy’s in Agawam, and Masse’s in Chicopee, among many others, as well as Blessed Sacrament Church in Westfield, which held services outdoors for several weeks and still uses a tent for those uncomfortable with going inside. The company has already supplied tents for several nonprofits with summer day programs, including the Greater Westfield YMCA and a few Boys and Girls Clubs, as well as the West Springfield Parks & Recreation Department.

It has also provided tents and other items for a number of drive-in COVID-testing sites operated by Baystate Health, including facilities in Westfield, Ware, Greenfield, and three locations in Springfield. This work goes back to mid-March when the company was hired by Baystate Health to create what Jerome called “cubicles” inside the new triage facility erected just outside the emergency room.

Elaborating, he said the company provided the piping, and another vendor supplied corrugated boards that were attached to the framework to create 33 private spaces.

For the drive-in sites, the company created a model that was eventually used at all six locations, facilities that also included a greeters’ tent and a heated tent-within-a-tent with clear sides that served as a type of nurses’ station.

These intriguing projects have certainly helped, but those thousands of items gathering dust and not seeing the light of day are the bigger story.

And they explain why this is certainly a different kind of year, when the pandemic has generated some business, but taken away so much more.

—George O’Brien

Coronavirus

Chicopee-based Company Is Still Trying to Get Out of First Gear

Dennis King

Dennis King says the pandemic brought bus travel to a near standstill, impacting every type of customer in the company’s portfolio.

Dennis King says he’s experienced a number of subtle, but mostly not-so-subtle, cruelties stemming from the COVID-19 pandemic.

Starting with those low gas prices from a few months back and the fact that no one could really take advantage of them.

“Gas was $1.25 … and you had nowhere to go,” said King, president of Chicopee-based King Ward Bus Lines, who used that statement in reference to individuals and families — and just about every one of his customers.

Indeed, ‘nowhere to go’ applied — and still applies — to college and high-school sports teams, an important client base in the company’s portfolio. And to people seeking to visit one of the region’s casinos. And to groups heading to Red Sox games. And to people looking to go to a show in the Big Apple. And to classes going on school field trips.

All those sources of revenue dried up, seemingly overnight, for this family-owned business, said King, adding that the last bus left King Ward’s garages on March 14, and the company’s busiest time of the year was essentially wiped off the calendar.

“And our July is kind of on hold, because we don’t have any trips booked, unless something happens with the casinos,” he told BusinessWest, noting that, while the Connecticut gaming palaces are open, they are currently not accepting bus groups. The Bay State’s casinos are set to open early this month, but it isn’t known if they will accept bus groups.

As for the future … it is a giant question mark, he said, noting that, while the Red Sox may start playing again, it’s not known if there will be any fans in the stands. Meanwhile, Saratoga Raceway in New York and countless other venues that people travel to by bus are closed for the summer or the rest of the year. Meanwhile, no one really knows if there will be any high-school and college athletics this coming fall, or any school field trips.

“Gas was $1.25 … and you had nowhere to go.”

And then, there’s the Big E, another important source of revenue for the company. It’s been canceled for 2020, leaving another huge hole in the budget that will be difficult to fill .

Faced with idle buses, King said he laid off or furloughed all but a few of his employees back in the spring. He’s looking to bring some office staff and mechanics back on Aug. 1 and hopes things get busier come September.

“We’re banking on college athletics coming back,” he noted. “If there is a light at the end of the tunnel — and that’s if — it would be schools getting back in session.”

As for the casinos, and especially MGM, King Ward was given what was at the time (the summer of 2018) thought to be a game-changing contract to bring people to the casino from various destinations across the region. To say things haven’t worked out as planned would be an understatement, said King, noting that the service — subsidized by MGM at the start — was scaled back only six months after the casino opened in August 2018, and it eventually evolved into a door-to-door service using vans rather than buses, with those choosing this option getting credits for the gaming floor and lunch — what amounted to what King called “a free ride to the casino.”

“But it never really took off,” he said, adding quickly that the service does have the potential to grow, and, like many others, he’s watching and waiting to see if and when the casino will reopen.

There will be a lot of watching and waiting for this company, which, like so many others, is dependent on other businesses and institutions for its livelihood. The pandemic has impacted all of them, and, as noted earlier, the trickle-down, in this specific case, was much more like a torrent.

So much so that King was one of many within the bus industry who ventured to Washington, D.C. several weeks ago to lobby elected leaders for financial assistance for a sector he said is often overlooked within the larger transportation industry.

“I don’t expect to be busy again until Labor Day, unless something happens and the casinos start accepting buses,” he told BusinessWest, adding that ‘busy’ is certainly a relative term in 2020, and there are myriad factors that will determine when, and to what extent, the buses start rolling again.

Still optimistic, despite a gloomy year to date, King said people are calling and asking about service to the casinos.

“People are ready to get out — they’ve been cooped up for a long time,” he said, adding that he hopes there will soon be places to take people.

Gas certainly won’t be as cheap as it was back in March, but all things considered, that’s certainly one of the more subtle cruelties stemming from the pandemic.

—George O’Brien

Coronavirus

‘The Place Where COVID Goes to Die’ Is Still in Recovery Mode

Rebecca Merigian

Rebecca Merigian says the pandemic, by canceling all kinds of events and shuttering businesses like MGM Springfield, put a huge dent in dry-cleaning volume.

Rebecca Merigian can’t find too many silver linings in this COVID-19 pandemic.

But at least people still need clean shirts for those Zoom meetings. Dress pants? Not so much.

“We’ve seen a lot of shirt business, and we’ve actually picked up quite a few new shirt customers,” said Merigian, owner of Springfield-based Park Cleaners, adding quickly that most of her other steady supplies of business have run dry or mostly dry over the past three and half months.

That includes MGM Springfield, which awarded her a lucrative contract just before it opened nearly two years ago — one that sends uniforms for all its employees her way — that effectively tripled her business volume. The casino closed in mid-March, as did a host of other businesses, and Park Cleaners was just one of many local vendors to take a huge hit when it did.

“We’ve heard from them … they’re starting to bring some employees back, so we’re on call,” she said, adding quickly that she’s not sure how many will be back and just how much work will be coming back in.

But the fallout goes well beyond the casino, said Merigian, second-generation owner of this family business. As large numbers of people continue to work at home she noted, there is far less need to get dress clothes cleaned and pressed. But beyond workplace clothes, the company has been hit by the almost complete stop to many types of events for which people needed clothes cleaned and pressed.

“There’s been no weddings, no funerals, no graduations, no work … no anything to prepare for,” she said, adding that overall, she projects that business if off a whopping 85% to 90% from a year ago, with MGM’s closure being easily the biggest hit.

She has been helped by the stay-at-home trend in a few respects, though; she reports that people are being more diligent about cleaning in general, and especially about cleaning linens, bedding, and other items. Meanwhile, some don’t want to spend their time doing the wash, so they’re sending it in to be cleaned and folded.

“There’s been no weddings, no funerals, no graduations, no work … no anything to prepare for.”

“Cleanliness has definitely been on people’s minds through all of this, and that’s helped keep us going,” she said, adding that she’s also noted an uptick in work cleaning uniforms for first responders, in part because there’s a nice discount forwarded to those frontline workers.

But even healthcare-related business is down, she noted, adding that many practices have only recently reopened and are seeing fewer patients. So if they dropped off items to be cleaned twice a week before the pandemic, now they’re down to once a week.

In the meantime, there are now a host of new protocols and safety precautions to follow at this business that has, informally, marketed itself as “the place where COVID goes to die,” Merigian said.

“It’s like starting over or starting a new business, with a very uncertain future — the risks are very high,” she said when asked to explain what the past several months have been like. “There are new rules, and we have to make sure that anyone who deals with contaminated laundry is fully prepared; we’ve had to change the way we do business, and that’s just one of the challenges.”

Like many business owners we spoke with, Merigian said that, while the focus has been on companies reopening — and that’s important — the issue isn’t whether they’re doing business, it’s whether they can make any money if they are. And for ventures in many sectors, the quick answers are either ‘no’ or ‘yes, but not enough.’

And there are obvious questions about when those answers will change.

Merigian says she’s heard from officials at MGM who tell her that some employees will be coming back ‘soon,’ and that some business will follow. But how much business remains to be seen.

Meanwhile, questions remain about when gatherings like weddings, business functions, and even funerals will return. And working from home may become a long-term proposition for many workers — if not something approaching permanent.

But, like most business we’ve spoken with in recent weeks, Merigian is looking optimistically toward fall and the possible return of something approaching ‘normal.’

“The fall definitely looks good, so long as COVID subsides or they find a vaccine,” she said. “I see a very good fall, but then I tend to be optimistic.

“It’s a waiting game,” she went on, referring specifically to MGM, but also to all those other events — and sources of business — she mentioned at the top. Until weddings and funerals resume and more workers return to the offices they left in early March, generating business will be a challenge.

In the meantime, at least people will need clean shirts for all those Zoom meetings.

—George O’Brien

COVID-19 Daily News

BOSTON — The Baker-Polito administration announced that phase 3 of the Commonwealth’s reopening plan will begin on Monday, July 6, and updates on gatherings will be in effect. For the city of Boston, phase 3 and the gatherings order will take effect on Monday, July 13.

The following businesses will be eligible to reopen in the first stage of phase 3, subject to industry-specific rules concerning capacity and operations: movie theaters and outdoor performance venues; museums and cultural and historical sites; fitness centers and health clubs; certain indoor recreational activities with low potential for contact; and professional sports teams, which, under the authority of league-wide rules, may hold games without spectators.

The full guidance and list of businesses eligible to reopen can be found at www.mass.gov/reopening. Businesses and sectors set to begin opening in phase 3 are subject to compliance with all mandatory safety standards.

Under the updated gatherings order, indoor gatherings are limited to eight people per 1,000 square feet, but should not exceed 25 people in a single enclosed, indoor space.

Outdoor gatherings in enclosed spaces are limited to 25% of the facility’s maximum permitted occupancy, with a maximum of 100 people in a single enclosed outdoor space. This includes community events, civic events, sporting events, concerts, conventions, and more. This order does not apply to outdoor, unenclosed gatherings if proper social-distancing measures are possible.

In phase 3, healthcare providers may continue to provide in-person procedures and services as allowed in phase 2, with the addition of certain group treatment programs and day programs. These programs include adult day health, day habilitation programs, and substance-abuse services, including day treatment and outpatient services. Certain human-services programs can reopen, including community-based day services for adults with intellectual and cognitive disabilities and psychosocial rehabilitation clubhouses.

Healthcare providers are subject to compliance with all mandatory safety standards, and must continue to utilize prioritization policies established in phase 2 for care delivery and scheduling, as well as monitor patient volume for non-essential, elective procedures and services.

In phase 3, visitation guidelines have been updated for 24/7 congregate care facilities and programs overseen by the Executive Office of Health and Human Services, including the departments of Developmental Services, Youth Services, Children and Families, Public Health, Mental Health, and the Massachusetts Rehabilitation Commission. Offsite visits, including overnight visits, will be allowed under specific guidelines. Other updated guidelines, including visitation for long-term-care facilities, will be released shortly. Complete visitation guidance is available at www.mass.gov/hhs/reopening

MassHealth will also extend its current telehealth flexibility through at least the end of the year to ensure member access to critical healthcare services and encourage continued adherence to preventive public-health precautions.

On May 18, the Baker-Polito administration released a four-phase plan to reopen the economy based on public-health data, spending at least three weeks in each phase. Key public-health data, such as new cases and hospitalizations, have been closely monitored and shown a decline, allowing for phase 3 to begin.

Since mid-April, the seven-day average for the positive COVID-19 test rate is down 94%, the three-day average of hospitalized patients is down 79%, and the number of hospitals in surge is down 86%. More than 1,000,000 total COVID-19 tests have been administered, and testing continues throughout the state.

COVID-19 Daily News

BOSTON — The Baker-Polito administration announced new COVID-19 public health guidelines on travel and transportation.

Effective today, July 1, all travelers arriving to Massachusetts, including residents returning home, are instructed to self-quarantine for 14 days. This guidance does not apply to travelers from Rhode Island, Connecticut, Vermont, New Hampshire, Maine, New York, or New Jersey. Additionally, workers designated by the federal government as essential critical infrastructure workers are also exempt from this directive.

Travelers who are displaying symptoms of COVID-19 are instructed to not travel to Massachusetts.

All visitors and residents of Massachusetts are also reminded that the use of masks or face coverings in public places where individuals cannot socially distance from others remains required.

These new guidelines replace previously announced Massachusetts travel guidance. For national travel information, visit www.travel.state.gov.

Coronavirus Special Coverage

Destination Unknown

John Doleva

John Doleva says the Basketball Hall of Fame still has a big, important year on tap, even if the schedule has shifted quite a bit.

As he talked with BusinessWest about his industry and his family’s hotel group, Kishore Parmar kept glancing back and forth between the lobby of the Hampton Inn in Hadley and the parking lot outside.

He did so with a look that blended something approaching disbelief — still, after roughly three months of the same view — with resignation.

“This lobby is essentially empty, and this is not how it is,” he explained. “If this were a normal day in June, you’d see families, you’d see business people in and out, there would be staff going up and down the hallways. We would be sold out for tonight, or very close to it.”

Instead, there would be maybe six or eight people staying in this 71-room hotel just off Route 9 that night. The lobby was empty. Just a few vehicles dotted the parking lot, all of which Parmar could identify as belonging to staff.

This view is a metaphor of sorts for what hotels have been experiencing since mid-March, something none of those in it have ever seen before. Business for the Pioneer Valley Hotel Group — which also includes a La Quinta by Wyndham in Springfield, Hampton Inn and Homewood Suites by Hilton in Hadley, Holiday Inn Express in Ludlow, and Hadley Farms Meeting House in Hadley — is off roughly 80% from what it was a year ago. And the numbers would be even worse if some first responders didn’t stay in these hotels in the early days of the pandemic.

Perhaps the most unsettling thing is that Parmar doesn’t know if, when, or for how long things will get appreciably better.

But while the view for all hoteliers in the region is similarly troubling, there are some signs of life in the broad tourism and hospitality sector. Indeed, many area restaurants are now open for outdoor seating, and a good number of them are creating intriguing spaces as they welcome back customers that have been relegated to takeout for more than three months.

Signs at the Hall of Fame

Signs at the Hall of Fame will use players’ wingspans to send a message about standing six feet apart — or, in Giannis Antetokounmpo’s case, more than seven feet.

Meanwhile, some tourist attractions are moving closer to opening their doors. The state’s casinos are eyeing a late June opening — although MGM Springfield has not committed to a specific date — while the Basketball Hall of Fame, which is in the final stages of a $23 million renovation project, is targeting July 1 as its reopening date.

President and CEO John Doleva isn’t sure what kind of turnout that opening will boast, although he told BusinessWest the Hall will be aggressive in marketing what was supposed to be a high point in a year of many high points.

“In January, I sat down with the senior staff and said, ‘first of all, this is going to be the greatest class ever — Kobe (Bryant), Tim Duncan, Kevin Garnett. That was before Kobe passed away, which was pretty unbelievable,” he recalled. “On top of that, we had a 100% new museum, top to bottom, that was going to open up on May 1” — not to mention a commemorative coin from the U.S. Mint, to be unveiled at the Final Four in early April.

The coin was eventually released, but the Final Four was cancelled, the 2020 induction was moved into 2021, and, who knows what the July 1 grand opening will bring? But Doleva is optimistic.

“The good news is, all these things are going to happen; it’s not like we lost them. They’re just not on the time frame we thought they would be,” he said. “But we do feel that people want to do stuff — but how will they decide?”

That equation has surely changed in the year of COVID-19.

“People always ask, ‘what am I going to see, what does it cost, how far away from my house is it, and what kind of experience is it?’” he noted. “But kind of rising to the top is, ‘what kind of procedures and protocols does an organization have in place to ensure my family’s health and safety?’

“Safety is paramount at any tourism destination at this point,” Doleva added. “You’ve got to communicate not the traditional marketing of ‘we’re fun and we’re affordable; your family’s going to have a great time and talk about it forever.’ It’s also, ‘you can come here and feel safe — and here’s everything that we’re doing.’”

And that presents an opportunity in a region rich in attractions that are often taken for granted by locals. There are indications that, due to real concerns about traveling in anything but a car, area destinations might get a boost from those looking to take a ‘staycation,’ rather than typical vacation, and that includes visiting sites where they feel safe.

“This lobby is essentially empty, and this is not how it is. If this were a normal day in June, you’d see families, you’d see business people in and out, there would be staff going up and down the hallways. We would be sold out for tonight, or very close to it.”

But a host of challenges remain for this sector, and questions remain about everything from how hotels will serve guests breakfast to whether there will be a Big E — which benefits a number of businesses in this sector — and what that fair might look like. But as tourism lurches back to something resembling life, there’s plenty of hope in the air, too.

Animal Attraction

It was opening day at the Zoo in Forest Park & Education Center in Springfield — a full nine weeks later than usual — but Sarah Tsitso liked what she saw.

“People are definitely responding,” said Tsitso, the zoo’s executive director, as guests took advantage of a new timed reservation system that, at least for now, lets only 10 people in every 10 minutes, to promote social distancing. “It’s great seeing families and children so happy being out seeing the animals, and the animals are happy to see their friends come back. We close the first week of November. That’s a long time to be closed to the public.”

The key word is ‘public.’

“The zoo is open 365 days a year for the animals. They live here, and they’re fed and get vet care whether it’s winter or summer. We rely on the visitor season to generate revenue for the months we’re closed.”

Those nine lost weeks cost the center some $200,000 in revenues, losing not just gate receipts but educational programs, a robust schedule of spring field trips, and three major events typically held annually between March and July.

“That’s a pretty huge loss,” she said. “We’re still not sure what’s happening with summer camps, which would start around June 25. We’re not sure what that’s going to look like.”

Whatever shape the summer takes, it will be better than the waiting game to reopen, during which the zoo managed to secure a Paycheck Protection Program loan to keep staff working and developed the protocols now in place, from a mask requirement and sanitizer stations to additional barrier fences and a one-way path around the grounds.

“It was certainly challenging, but manageable,” Tsitso said. “The biggest change was probably the timed ticketing system. But we were quickly able to identify a system that works for us and get it up and functioning. We were just waiting for the green light.”

The light turned decidedly red for Peter Pan Bus Lines back in March, CEO Peter Picknelly told BusinessWest.

“We ran for a few weeks once the pandemic hit, but within two and a half weeks, sales declined over 90%. So we shut down for about eight weeks,” he said. “Shutting down was one of the hardest things we have ever done.”

When the buses did start rolling again earlier this month, making limited runs to major destination cities, Picknelly was pleasantly surprised. “Activity has been pretty good,” he said after the first week, adding that the second week was looking even busier. “There’s a pent-up demand to get out of Dodge, and that’s what we help people do.”

One issue is that destination cities like Boston and New York are still reopening in their own way, and once the big cities fully open, he expects more of a rush. For now, the company is getting its “sea legs back,” he said, and making sure everyone on the bus feels safe.

Kishore Parmar

Kishore Parmar says the most unsettling thing about the pandemic, from the hotel industry’s perspective, is not knowing when business might get better.

To that end, Peter Pan has improved its contactless boarding procedures while introducing PermaSafe, a CDC-approved product that purifies passenger cabin air while making interior surfaces anti-microbial and self-sanitizing. The company also uses electrostatic handheld sprayers to sanitize and disinfect the buses every night. In addition, passengers are required to wear a face mask at all times, and employees have been issued personal protective equipment, including face masks and hand sanitizer.

“Here’s my theory — nobody wants to get sick; nobody wants to get someone else sick,” Picknelly said. “But nobody wants to be cooped up any longer, either. A lot of what we do is leisure travel, but people also have to travel for medical appointments, for school, for business. There’s not only a pent-up demand to get out of Dodge, there’s also a need.”

But, they also need to feel safe, he said. “As time goes on, people will be more and more comfortable getting out. I’m confident this is going to end way sooner than people think. And I think any smart business person knows, if you want customers to come in — and come back — you’ve got to make them feel safe and comfortable.”

At the hall of fame, protocols in place for the opening include regular disinfection of all frequently touched surfaces, complimentary stylus pens to use on interactive touchscreens, an electrostatic disinfectant air-mist system, and … well, the list is frankly too long to detail all of it here.

“We’ll have the clean team out in the museum unlike ever before,” Doleva said. “People will see it in action.”

And it’s important they see it, he added.

“People are clamoring to get out. They’re looking for the safe places that are paying attention — but I definitely think there is pent-up demand.”

Some will want to be among the early visitors, he added, while others will take a wait-and-see approach. “It will be a short summer, but we are going to showcase the museum. This is a grand-opening summer, and everyone has the opportunity to come here.”

Room for Improvement

Parmar told BusinessWest that, for his group’s hotels, and most all facilities not in the shadow of ski resorts, winter is a slow, difficult time.

And what he fears is that, unless some things change, 2020 might take on the look of a 12-month-long winter in terms of occupancy rates and overall vibrancy.

“We might go from winter … right into another winter,” he said, adding that July, at this moment, doesn’t look much better than June, and the rest of summer and fall amount to a giant question mark.

The company has essentially seen its busiest season wiped off the calendar, losing college commencements, visits to area colleges and universities, business meetings, weddings, bridal and baby showers, and much more.

This certainly isn’t what the company was expecting in 2020, a year that began with hopes and expansion plans. Indeed, this is the first full year for the Homewood Suites facility, opened just over a year ago and off to a solid start, and there were plans to create a new hotel on the site of the old Howard Johnson’s on the Mohawk Trail in Greenfield and completely renovate the Roadway Inn in Hadley, which is currently closed.

That’s were. “We had a plate full for this coming year, and we were very excited about it, but then we had it all taken away,” Parmar said, adding that those projects have been put on ice, and the company is essentially trying to make the most out of what will be a trying year.

The company applied for and received a PPP loan and used it to bring its employees back to work after many were furloughed earlier in the spring. The problem now is that the money is running out, and business certainly hasn’t come back — as evidenced by the parking lot and the front lobby. Parmar said there is little if any leisure business at this point, and also little if any business travel, as companies continue to rely on Zoom meetings.

“We’re bootstrapped right now — we’re counting every penny, we’re counting every dollar,” he said. “We’re doing our best to reduce every cost there is.”

While hotels might continue to struggle, however, many in the tourism sector feel they will see more ‘staycation’ action than usual — particularly if out-of-state travelers are put off by Massachusetts’ suggested (but not required) 14-day quarantine when entering.

“If someone from Enfield wants to come to the Hall of Fame, they’re not going to take a 15-day trip to see a one-day experience. So that’s got to be clarified,” Doleva said. “I do think it is an impediment to tourism. People see ‘suggested,’ they think ‘required.’ So we’re hoping for some clarification because it affects us, and it affects hotels, restaurants, and other attractions.

Doleva said he never foresaw what 2020 would bring when he began a two-year term as board chair for the Greater Springfield Convention and Visitors Bureau back in November. But he’s been impressed with the planning the GSCVB has done to hit the ground running once tourism ramps up again this summer.

“We have a very aggressive plan to advertise the region like never before, the attractions especially,” he told BusinessWest. “We’ve never brought people together the way we are now. That’s a blessing in disguise — this is bringing the different factions of the tourism business tighter than ever.”

As chair, he also hopes elected leaders develop a greater appreciation of the impact of the tourism and hospitality industry and the numbers of people it employs, as well as the taxes it generates — and make investments in supporting tourism statewide over the long term.

“I think, if we look for the silver lining, this has caused us all to step back and focus on how we’re all interdependent, and when one improves, we all improve,” he added. “We know we have something special out here. It’s a nice place to visit, we’ve got a lot of things to do, and the industry is very focused on safety. Now we need to move forward together.”

Joseph Bednar can be reached at [email protected]

Insurance Special Coverage

Sticker Shock

Business-interruption insurance should be a simple idea to explain. But in the era of COVID-19, it has become a thorny topic.

“It is coverage that most businesses have as part of their insurance program; basically, it’s one of the key components to an insurance portfolio for a business,” said John Dowd Jr., president and CEO of the Dowd Agencies. “A covered loss is defined as physical damage to your property or on your property.”

He noted, as one example, a fire that causes a shutdown until repairs are made, with the insurance payout allowing the business owner to pay rent, taxes, and in some cases wages and benefits. “It also covers loss of property, which is a very important coverage.”

But not every event is covered, he noted, and that’s the rub lately among business owners who would like business-interruption insurance to cover losses from the pandemic-related economic shutdown — and lawmakers in several states, including Massachusetts, are pushing to enshrine such losses in the coverage.

“Obviously COVID isn’t covered — the loss that triggers business interruption has to be the result of physical damage to the property,” Dowd reiterated. “The problem with COVID is that’s not physical damage; it’s a virus. It’s specifically excluded, like other transmittable diseases. The way it’s worded, it’s not a coverage situation. As a matter of fact, the insurance industry cannot cover something like that because they can’t estimate the catastrophic potential of such a situation.”

That didn’t stop 39 Massachusetts legislators from co-sponsoring a bill earlier this spring titled “An Act Concerning Business Interruption Insurance,” calling for business-interruption coverage for losses due to “directly or indirectly resulting from the global pandemic known as COVID-19, including all mutated forms of the COVID-19 virus.”

Moreover, the bill asserts, “no insurer in the Commonwealth may deny a claim for the loss of use and occupancy and business interruption on account of COVID-19 being a virus (even if the relevant insurance policy excludes losses resulting from viruses), or there being no physical damage to the property of the insured or to any other relevant property.”

The legislation applies to policies issued to businesses with 150 or fewer full-time employees, and insurance companies can apply to the commissioner of the Division of Insurance for relief and reimbursement of amounts paid on claims through a fund created by the act, subject to eligibility and reimbursement procedures to be established by the commissioner.

John Dowd Jr.

John Dowd Jr.

“The way it’s worded, it’s not a coverage situation. As a matter of fact, the insurance industry cannot cover something like that because they can’t estimate the catastrophic potential of such a situation.”

Such relief would be needed, as Dowd demonstrated with a little math. He noted that, if business-interruption insurance was triggered by COVID-19 for all businesses with fewer than 100 employees, the cost would be between $280 billion and $350 billion — per month. “Our collective surplus of all insurance companies is somewhere between $800 billion and $900 billion. In three months, the industry would be insolvent.”

Having said that, he noted that pandemic coverage is already available — a development that emerged over the past decade following SARS and other global threats. For example, the organization that operates the Wimbledon tennis tournament bought such a policy, which costs more than $1 million a year, but when this year’s event was canceled, the policy paid out $15 million.

Impossible Costs

State legislation is a different matter, of course, aiming to reshape the very nature of business-interruption insurance. New Jersey lawmakers proposed and defeated such a bill this spring, “presumably because they looked into the potential insolvency of insurance carriers,” Dowd said. “And if people can’t buy insurance, what happens to our economy?”

Carl Bloomfield, managing director at the Graham Co., a Philadelphia-based insurance brokerage, recently told Insurance Business America that, while more than a half-dozen states that have proposed this type of legislation, he doesn’t expect the bills to pass.

“Doing it through state legislation would be very detrimental to the country on a go-forward basis from the aspect of overturning centuries of contract law,” he noted. “If you start upsetting the precedent of contract law that’s been established for centuries, that creates a very dangerous environment for all businesses because there’ll be no certainty around something that’s in the contract today, but could be overturned in court.”

If the Massachusetts bill becomes law, constitutional challenges are certain, writes Owen Gallagher, publisher of Agency Checklists, a news source for the Massachusetts insurance industry.

“Carriers would basically take the claims, get documentation that there was actually loss of income or profit, determine if there are covered claims or not, and then the federal government would pay the bill.”

The rewriting of existing insurance contracts, as proposed by this legislation, he notes, would raise constitutional questions under the U.S. Constitution’s contract clause.

“As members of a regulated industry, insurance companies have not fared well in contesting state legislative or regulatory action claiming a constitutional violation of the contracts clause. The United States Supreme Court has upheld laws impairing contracts based on a state promoting public welfare. However, this legislation may be one of the very few laws that fails that minimal test based on its blatant revision of existing insurance contracts for a limited class of insureds.”

The second constitutional challenge arises under the Constitution’s takings clause, which states that private property cannot be taken for public use without just compensation.

“Insurers have had some success contesting laws where a state’s regulatory mandates go too far and amount to a confiscation of property,” Gallagher notes. “In this case, the proposed law creates new obligations that take money from insurance companies and transfers it to small businesses that have suffered economic loss because of state action. It is difficult to see how these insurers would not have had their property taken for a public purpose in violation of the Constitution.”

Dowd sees the U.S. government eventually negotiating a coverage cap for pandemic events much like it did with terrorism in the years following 9/11. “The insurance industry is saying, ‘OK, in the future, we’re willing to participate, but we need a cap, like $250 million, which is the most the insurance industry can absorb for a pandemic, and everything over that, the federal government has to pay.’

“So they’re in the throes of negotiating that,” he said, adding that carrier involvement would likely be voluntary. “That makes sense, as a lot of the smaller mutual insurance companies don’t have nearly the surplus that the Travelers and Liberty Mutuals have. But a lot has to be sorted out.”

A Better Plan?

Dowd, who serves on the board of the Massachusetts Assoc. of Insurance Agents, said that organization backs an idea that would cast insurers in more of a support role to the government on pandemic claims as they relate to business interruption.

“Carriers would basically take the claims, get documentation that there was actually loss of income or profit, determine if there are covered claims or not, and then the federal government would pay the bill,” he explained. “We think that’s a good idea, rather than throw out stimulus money to companies that may not need it, that may not experience a loss of income. Instead, we’d have people file, have their experience validated, and get paid based on need — not an assumption that every small business needs it.”

Such a plan is being considered in the fifth stimulus bill being kicked around in Congress, he added, which makes more sense than forcing insurers to cover for losses they never considered.

“We just don’t have the financial wherewithal to pay that financial bill. We’d be out of business,” Dowd said. “But if we can offer services at an agency level and carrier level, review the claims, and validate the claims, we think that has some merit.”

Joseph Bednar can be reached at [email protected]

Accounting and Tax Planning Special Coverage

This Tax-relief Provision of the CARES Act Brings Advantages to Employers

By Carolyn Bourgoin, CPA

Businesses that either repaid in a timely fashion or did not receive a loan pursuant to the Paycheck Protection Program (PPP) should explore their eligibility for the new Employee Retention Credit, one of the tax-relief provisions of the CARES Act passed on March 27.

Like the PPP loan program, the Employee Retention Credit (ERC) is aimed at encouraging eligible employers to continue to pay employees during these difficult times. Qualifying businesses are allowed a refundable tax credit against employment taxes equal to 50% of qualified wages (not to exceed $10,000 in wages per employee).

Let’s take a look at who is eligible and how to determine the credit.

Who Is an Eligible Employer?

All private-sector employers, regardless of size, that carry on a trade or business during calendar year 2020, including tax-exempt organizations, are eligible employers for purposes of claiming the ERC. This is the case as long as the employer did not receive, or repaid by the safe-harbor deadline, a PPP loan. The IRS has clarified that self-employed individuals are not eligible to claim the ERC against their own self-employment taxes, nor are household employers able to claim the credit with respect to their household employees.

Carolyn Bourgoin

Carolyn Bourgoin

First Step: Determine Eligible Quarters to Claim the Credit

Eligible businesses can claim a credit equal to 50% of qualified wages paid between March 12 and Dec. 31, 2020 for any calendar quarter of 2020 where:

• An eligible employer’s business was either fully or partially suspended due to orders from the federal government, or a state government having jurisdiction over the employer limiting commerce, travel, or group meetings due to COVID-19; or

• There is a significant decline in gross receipts. Such a decline occurs when an employer’s gross receipts fall below 50% of what they were for the same calendar quarter in 2019. An employer with gross receipts meeting the 50% drop will continue to qualify thereafter until its gross receipts exceed 80% of its gross receipts for the same quarter in 2019. Exceeding the 80% makes the employer ineligible for the credit for the following calendar quarter.

This is an either/or test, so if a business fails to meet one criteria, it can look to the other in order to qualify. An essential business that chooses to either partially or fully suspend its operations will not qualify for the ERC under the first test, as the government did not mandate the shutdown. It can, however, check to see if it meets the significant decline in gross receipts for any calendar quarter of 2020 that would allow it to potentially claim the ERC.

The gross-receipts test does not require that a business establish a cause for the drop in gross receipts, just that the percentage drop be met.

Second Step: How Many Employees?

Determining the wages that qualify for the ERC depends in part on whether an employer’s average number of full-time-equivalent employees (FTEs) exceeded 100 in 2019. An eligible employer with more than 100 FTEs in 2019 may only count the wages it paid to employees between March 12, 2020 and prior to Jan. 1, 2021 for the time an employee did not provide services during a calendar quarter due to the employer’s operations being shut down by government order or due to a significant decline in the employer’s gross receipts (as defined previously).

“All private-sector employers, regardless of size, that carry on a trade or business during calendar year 2020, including tax-exempt organizations, are eligible employers for purposes of claiming the ERC.”

In addition, an employer of more than 100 FTEs may not count as qualifying wages any increase in the amount of wages it may have opted to pay employees during the time that the employees are not providing services (there is a 30-day lookback period prior to commencement of the business suspension or significant decline in gross receipts to make this determination).

In contrast, qualified wages of an employer that averaged 100 or fewer FTEs in 2019 include wages paid to any employee during any period in the calendar quarter where the employer meets one of the tests in step one. So even wages paid to employees who worked during the economic downturn may qualify for the credit.

Due to the potential difference in qualifying wages, it is important to properly calculate an employer’s ‘full-time’ employees for 2019. For purposes of the ERC, an employee is considered a full-time employee equivalent if he or she worked an average of at least 30 hours per week for any calendar month or 130 hours of service for the month. Businesses that were in operation for all of 2019 then take the sum of the number of FTEs for each month and divide by 12 to determine the number of full-time employee equivalents. Guidance has been issued by the IRS on this calculation for new businesses as well as those that were only in business for a portion of 2019.

Third Step: Calculate the Credit Based on Qualifying Wages

As mentioned earlier, the Employee Retention Credit is equal to 50% of qualifying wages paid after March 12, 2020 and before Jan. 1, 2021, not to exceed $10,000 in total per employee for all calendar quarters. The maximum credit for any one employee is therefore $5,000.

Wages that qualify toward the $10,000-per-employee cap can include a reasonable allocation of qualified healthcare costs. This includes an allocation of the employer portion of health-plan costs as well as the cost paid by an employee with pre-tax salary-reduction contributions. Employer contributions to health savings accounts or Archer Medical Savings Accounts are not considered qualified health-plan expenses for purposes of the ERC.

Qualifying wages do not include:

• Wages paid for qualified family leave or sick leave under the Family First Coronavirus Relief Act due to the potential payroll tax credit;

• Severance payments to terminated employees;

• Accrued sick time, vacation time, or other personal-leave wages paid in 2020 by an employer with more than 100 FTEs;

• Amounts paid to an employee that are exempt from Social Security and Medicare taxes (for example, wages paid to statutory non-employees such as licensed real-estate agents); or

• Wages paid to an employee who is related to the employer (definition of ‘related’ varies depending on whether the employer is a corporation, a non-corporate entity, or an estate or trust).

Eligible employers who averaged more than 100 FTEs in 2019 will then be potentially further limited to the qualifying wages paid to employees who were not providing services during an eligible calendar quarter.

How to Claim the ERC

An eligible business can claim the Employee Retention Credit by reducing its federal employment-tax deposit (without penalty) in any qualifying calendar quarter by the amount of its anticipated employee retention credit. By not having to remit the federal employment-tax deposits, an eligible business has the ability to use these funds to pay wages or other expenses. In its FAQs, the IRS clarified that an employer should factor in the deferral of its share of Social Security tax under the CARES Act prior to determining the amount of employment-tax deposits that it may retain in anticipation of the ERC. The retained employment taxes are accounted for when the Form 941, Employer’s Quarterly Federal Tax Return, is later filed for the quarter.

If the ERC for a particular quarter exceeds the payroll-tax deposits for that period, a business can either wait to file Form 941 to claim the refund, or it can file the new Form 7200, Advance Payment of Employer Credits Due to COVID-19, prior to filing Form 941 to receive a quicker refund.

If an employer later determines in 2021 that they had a significant decline in receipts that occurred in a calendar quarter of 2020 where they would have been eligible for the ERC, the employer can claim the credit by filing a Form 941-X in 2021.

Additional Rules

For purposes of determining eligibility for the credit as well as calculating the credit, certain employers must be aggregated and treated as a single employer.

Also, as a result of claiming the Employee Retention Credit, a qualifying business must reduce its wage/health-insurance deduction on its federal income-tax return by the amount of the credit.

In summary, the Employee Retention Credit is one of several tax-relief options provided by the CARES Act. As it is a refundable credit against federal employment taxes, it is advantageous to all employers, even those who will not have taxable income in 2020. Employers who did not receive PPP funding should check to see if they meet the eligibility requirements and take advantage of this opportunity.

Please note that, at the time this article was written, Congress was considering additional relief provisions that may or may not have impact on the information provided here. u

Carolyn Bourgoin, CPA is a senior manager at Holyoke-based accounting firm Meyers Brothers Kalicka, P.C.; [email protected]

Coronavirus Special Coverage

Breath of Fresh Air

Peter Picknelly, right, and Andy Yee

Peter Picknelly, right, and Andy Yee, two of the co-owners of the Student Prince, stand in a crowded Fort Street a few days after the restaurant reopened.

Lisa Pac has been brewing beer for almost two decades, eventually growing a home-brewing enterprise into Skyline Beer Co., a restaurant, craft beer and wine bar, bakery, and home-brewing supply store in Westfield.

In December, she and business partners Dana Bishop and Daniel Osella realized a dream of moving into a much larger space in the Whip City — a 4,500-square-foot restaurant, tasting room, and 10-barrel brewery on five scenic acres. Early receipts were very strong, and things were looking up.

And then March happened.

“At first, when COVID hit, we shut down for a couple days and had to reassess what we were going to do,” Pac recalled, adding that they told staffers to give them a chance to figure out a plan to stay operational and keep them working. “It was scary — we didn’t know what all this meant.”

But a plan did emerge. Pac and her team went to work simplifying and streamlining the menu before launching a robust takeout business, among other activities.

“It gave us a chance to re-evaluate a lot of things. We had such a strong start, but we got the rug pulled out from under us, so we were chasing our tails. But we were able to catch up with the day-to-day stuff, the construction stuff. It gave us the chance to breathe a little bit and finish up projects we were doing. We also came up with some top-notch beer recipes.”

Most important, while Skyline had to lay off about a third of its staff, a Paycheck Protection Program (PPP) loan allowed it to keep many employed, albeit with different responsibilities; servers shifted to production in the brewery, for example.

“The staff has been awesome, doing what they have to do to help us get here,” Pac said. “They were eager to work. Ever since getting the loan, we did it backwards — we have this staff that’s willing to do whatever we need, so what can we have them do?”

Eventually, Skyline was able to bring back about 90% of its staff; only three or four didn’t return, but the company has created new positions in the brewery, and actually has right around the employee count it had before the pandemic hit. And now that restaurants are allowed to serve patrons outdoors, 14 tables dot an outdoor area, while a major construction project on the back patio awaits Wetlands Commission approval to move forward. “We’ve got some big plans for back there,” Pac said.

Skyline Beer Co

Skyline Beer Co. partners Dana Bishop, Lisa Pac, and Daniel Osella.

Munich Haus in Chicopee has been planning for the reopening as well. Back in March, owner Patrick Gottschlicht recalled, “we shut down completely given all the unknowns surrounding everything. Then we decided to reopen for curbside service, to take the first step in the direction of getting reopened — and our to-go business was more than it has been in the past. A lot of regular customers who hadn’t been able to dine in for a while were excited to get curbside.”

After weeks of takeout only — helped by a PPP loan that got some employees back on the payroll — the German restaurant recently opened its large, outdoor Biergarten, as well as its smaller front deck, and packed them in — well, maybe ‘packed’ isn’t the right word, considering some tables were removed to maintain safe distancing, but the place was booked solid its first week.

“With the big biergarten and the deck, we took advantage of the nice weather. And I think people, with all the restrictions lately, are excited to get back out and get some semblance of normalcy. People are eager to get back out into the world.”

“We were excited to reopen, after being shut down for a while there,” Gottschlicht told BusinessWest. “With the big Biergarten and the deck, we took advantage of the nice weather. And I think people, with all the restrictions lately, are excited to get back out and get some semblance of normalcy. People are eager to get back out into the world.”

Raring to Go

‘Eager’ is also a word that applies to Peter Picknelly when BusinessWest caught up with him two days before the Student Prince & the Fort were set to reopen, with Fort Street in downtown Springfield closed to traffic to accommodate tents, lighting, live music, and anything else that might transform an outdoor dining experience into something a bit more.

“I’m really charged up about what’s happening on Fort Street,” said Picknelly, one one of the establishment’s owners. “We’ve got our menu, all the Fort specialties, and we’ll have entertainment Thursday through Sunday night. It’ll be a downtown festival — we’ve got lights, flags, beer wagons … it’s going to be really cool. It’ll be like a German carnival out there, a mini-Octoberfest between now and Labor Day.”

But one that, at least at first, requires a shift in diner — and server — behavior. The restaurateurs we spoke with talked about table spacing (at least six feet), 90-minute limits on seatings, regular sanitizing practices, and making sure patrons wear a mask, except when sitting down at the table.

“We’ve got the tables about eight feet apart, and people have to wear masks once they leave their table,” Pac said, adding that the team is sanitizing every pen that comes back in, while wearing gloves to boot. In short, she’s balancing guests’ enthusiasm to be dining out with their safety.

“People are champing at the bit right now. That’s why it’s important to make sure we’re safe,” she added. “People do get caught up in the moment — they want to take their masks off and talk to people at another table. I’m a social person; I want to talk to everyone, so I’m trying to keep myself away from the front. It’s a natural thing — we want to talk and hang out. But we’ll constantly remind people about the masks.”

Gottschlicht’s team has been equally diligent. “We’ve already got outdoor seating, which is a big challenge for some restaurants that don’t already have it,” he said. “We went over all the government and DPH restrictions for reopening and implemented all those, and now we’re starting to work on the indoor phase — finding out what restaurants will look like and developing a plan for that.”

At press time, state guidance on indoor dining was still forthcoming, but restaurants are doing their best to plan based on what they’re hearing and common-sense predictions.

The front deck at Munich Haus

The front deck at Munich Haus, as well as the large patio known as the Biergarten, opened recently to very solid business.

“Until the guidance is released, we’re trying to put together a game plan for that, so we’re somewhat ahead of it,” Gottschlicht added.

Picknelly expects indoor seating to begin very soon, perhaps at 25% capacity, though he hopes for 50%. “Until then, the outdoor scene is going to be great.”

He’s just as excited to reopen the White Hut as well, the venerable West Springfield landmark that has begun its second life as a food truck before opening the doors to a renovated indoor space on July 4. And he knows others are pumped, too, to have a variety of dining choices, both casual and takeout, suddenly spring back to life.

“I love my wife’s cooking, but I want to get back out to restaurants,” he said. “There’s a whole other feel to it. It’s entertaining, it’s fun — let someone else serve and do the dishes.”

Next Course

To be sure, restaurants are still dealing with significant challenges, from carving out alfresco seating where none exists to limiting the number of people they can serve to the question of meetings and banquets. Gottschlicht said some event bookings for later this year at Munich Haus have been canceled, while others are waiting to see what restrictions might emerge — for instance, whether they’ll be faced with 50% occupancy or be able to pack the house.

We’re hoping to get some guidance on what we can and can’t do,” he told BusinessWest. “Some want to reschedule, others are taking a wait-and-see approach.”

At the very least, though, dishes are pouring out of the kitchen to guests who are happy just to be getting out of the house.

“It’s a great feeling to get the place back open, and get the staff back to work, too. We’re going on our 16th year, so we’ve put a lot of blood and sweat into Munich Haus and plan to be around a lot longer. I was born in Germany — we’re proud of what we do, of being an authentic German restaurant. It’s definitely a good feeling being back open.”

Pac is feeling good too — partly because business is back up to maybe 90% of its former pace, considering the outdoor dining, continued takeout service, and the brewery.

“I would never wish it on anybody,” she said of the almost three-month economic shutdown, “but I can’t complain because it helped us dial in and gave us a minute to get on the same page with everything. It’s been a wild ride.”

Joseph Bednar can be reached at [email protected]

Coronavirus

The Grass Is Greener

By Mark Morris

Brian Campedelli

Brian Campedelli says the pandemic has definitely contributed to a spike in landscaping business.

On his daily commute from Wilbraham to East Longmeadow, Dave Graziano has never seen lawns as green as they are this year — even with the recent lack of rain. And as project manager for the landscape division of Graziano Gardens, he knows a thing or two about green lawns.

“More than ever, people are working on their homes and their yards,” Graziano said. “Because they’ve been stuck at home for the last few months, they’re way ahead in their yardwork projects.”

BusinessWest spoke with several area landscape contractors who say their residential business is booming this year. With people spending so much time at home, yard projects — both large and small — that were delayed in the past are now getting done.

“There’s definitely a correlation between COVID-19 and a spike in our business,” said Brian Campedelli, president of Pioneer Landscaping. “People are stuck at home and want to enhance their lifestyle, so they are improving their yards.”

For some homeowners, the scale of yard projects has gone far beyond replacing some shrubs or reseeding a lawn. Contractors are finding most of their business has shifted to hardscape projects, such as stone patios, stairways, and outdoor kitchens. Projects like these can cost around $20,000, with larger and more elaborate designs exceeding $100,000. For one project, Campedelli and his crew are working on a “massive patio” with an overhang attached to the house to shelter a bar underneath.

“We’re installing a TV with surround-sound speakers, as well as a firepit so they can chill out next to their pool.”

Where patios already exist, Campedelli said some homeowners want to rip out the existing structures and start fresh with new construction, while others enhance what they have by adding a firepit or accent lighting.

According to Gary Courchesne, president of G & H Landscaping, accent lighting has been in high demand in recent years. Also known as low-voltage accent lighting, it’s the subtle lighting that can enhance a home’s aesthetics, safety. and security.

“Because they’ve been stuck at home for the last few months, they’re way ahead in their yardwork projects.”

“As important as the safety and security features are, about 90% of the time, people choose accent lighting for aesthetic reasons,” Courchesne explained.

Improvements like lighting help owners to better enjoy their property now, while boosting curb appeal if they ever want to sell. Real-estate website Homes.com estimates that, when homeowners install accent lighting, they can recoup about 50% of their investment to the eventual resale value of the home. The return on investment for patios and decks can range from 30% to 73%.

No matter what project homeowners choose, they all have the same objective: low maintenance. Courchesne said some of his customers have asked for “no-maintenance” shrubs. While those don’t exist, he and his crew design layouts with reduced maintenance in mind.

“For example, instead of filling around the shrubs with mulch, which needs replacing every year, we’ll use stones,” he said. “People are definitely leaning toward designs that look nice and are easy to maintain.” 

Graziano echoed that point, noting that, when he replaces old shrubs with new ones, his customers want landscapes that are easy to care for and do not require lots of maintenance. “Everyone has busy lives, and they don’t want to be burdened with spending too much time on yard care,” he said.

For many years, sprinkler systems have been an effective way to maintain lawns with minimal effort and continue to be popular this year, especially newer, more efficient models.

“People who did not have sprinkler systems are getting them installed,” Courchesne said, “and those who own systems but haven’t run them much are using them more this year.”

Growing Revenues

While landscape companies are busy with plenty of projects, it’s not exactly business as usual.

Each day starts with making sure workers have the proper face masks and other personal protective equipment they’ll need for that day. In the past, a crew might ride together to a job, but state guidelines now mandate one person per vehicle, and shared equipment must be disinfected in between users. Contractors have adjusted to all these extra steps because they are grateful to be considered an essential business.

That essential status wasn’t a given at first, though. Back in March, when Gov. Charlie Baker released the first round of essential industries that could remain open during the COVID-19 pandemic, the landscape industry was not explicitly listed. The guidelines allowed for some interpretation that would include them, such as support of essential construction projects.

Gary Courchesne says accent lighting is becoming more popular

Gary Courchesne says accent lighting is becoming more popular

So a coalition of landscapers, golf-course superintendents, and related professionals formed the Green Industry Alliance of Massachusetts (GIA) and appealed to the governor to specifically identify landscaping as an essential industry. The group’s argument centered around the short time window that spring presents for fertilizing, as well as controlling mosquitos, ticks, and other invasive species. The GIA also noted that many homeowners who are physically unable to take on lawn care depend on outside companies to maintain their property.

Shortly after the appeal, the governor declared landscapers essential providing they follow CDC guidelines.

Courchesne said the initial confusion of whether or not they could start their season resulted in some starts and stops in the beginning, but his company is now up to full speed and adjusting to the new protocols.

“Normally, we start the day with our full staff gathered around a conference table,” he said. “Now, we’re meeting in smaller groups out in our yard, so even if there was an infection, it’s not spreading to everyone.” 

In early March, before the governor had ruled on landscapers’ status, Greg Omasta, president of Omasta Landscaping, temporarily closed his business over concerns about the spread of coronavirus.

“We closed for three weeks to make sure all our people were healthy,” he said, noting that this decision put his business behind in some of its early spring projects. “We’re scrambling now to get bark mulching done and plant seasonal flowers and such.”

Campedelli said his company also lost some work early in the spring due to delays caused by COVID-19, but he understands the changing nature of the virus and the guidelines. “We stay current on the latest requirements regarding COVID-19, and we make sure to share those with our workers as they happen.”

A few landscapers say hardscape projects are surging.

A few landscapers say hardscape projects are surging.

Since the go-ahead in March, Campedelli said his company is so busy, he would hire 10 more people if he could. Having enough workers is also a constant challenge for Omasta, who has 30 workers on staff but would like to add six or eight more.

Several contractors said one particular challenge in finding workers this year involves the Pandemic Unemployment Assistance program, which allows unemployed workers to collect an additional $600 per week through late July. While they all agree the program has merits and is important to help those who are struggling, they also point out that the additional $600 a week keeps some people on the sidelines who would otherwise be working.

Sometimes, filling open jobs is difficult because of the nature of the work. Graziano said the industry has been the same for more than 50 years, and it’s not for everyone. “Either you like to put a shovel in the ground, move mulch around and install pavers, or you don’t,” he told BusinessWest.

A typical landscaping season can run nine months, with three winter months dedicated to snow plowing. As Omasta pointed out, the length of the season is always tied to weather, which determines how early they start in the spring and how late they can work in the fall.

Even when the season is in full swing, rain is a constant variable to consider, Courchesne added. “There was one week in May when, out of six work days, it rained four of them.”

Home Games

When the rain clears, people are looking to get outside, but they’re not ready to stray too far. Until there is more certainty about the coronavirus, many are choosing not to go away on vacation.

Because of this uncertainty, Omasta said, his customers have made the decision to stay put rather than spending a week at the Cape.

“They’re telling me they want to stay home and work on some improvement projects so they can enjoy their backyard this summer,” he noted.

It’s not unusual for homeowners to want a big improvement project and then procrastinate on making the final decision. Courchesne said this year seems different.

“I’m seeing people with less hesitation than normal in their purchasing attitude,” he noted. “They’re saying, ‘we’re home, so let’s do this.’”

Because more people are home, even working from there, he added, they are realizing their home is not such a bad place — and they want to make it even better.

And that has made this a different kind of year for this industry.

Accounting and Tax Planning

Fight Back with Diligence, Communication, Monitoring, Education

By Julie Quink, CPA, CFE

Julie Quink

Julie Quink

In recent months, business owners have been faced with difficult business decisions and worries surrounding the financial and safety impacts of the COVID-19 pandemic, including the temporary closure of non-essential businesses, layoffs and the health of their workforce, remote work, and financial stability (short- and long-term) for their business.

In short, they have had much on their minds to stay operational on a day-to-day basis or in planning for reopening. And with that, businesses are prime targets for fraud schemes.

As professionals who counsel clients on best practices relative to fraud prevention and detection techniques, we unfortunately are not immune to fraud attempts as well. The filing of fraudulent unemployment claims is a scheme for which we have recent personal experience. The importance of internal controls — and making sure that appropriate controls are in place in a remote environment, with possibly leaner staff levels — should be heightened and reinforced.

Fraudulent Unemployment Claims

The filing of fraudulent unemployment claims has been one of the newest waves of fraud surrounding employees. These claims certainly have an impact for the individual for whom a claim is filed, but also have further-reaching implications for the victimized business as well.

In these schemes, an unemployment claim is filed using an employee’s identifying information, including Social Security number and address. Unfortunately, if you have ever been a victim of a data breach, you can feel confident that your personal information has been bought and sold many times since that initial breach.

Since these claims can be filed electronically, an online account is created by the fraudster for the individual. In that online setup and given that unemployment payments can be electronically paid, the fraudster sets up his or her own personal account as the receiver of the unemployment funds.

“The filing of fraudulent unemployment claims has been one of the newest waves of fraud surrounding employees. These claims certainly have an impact for the individual for whom a claim is filed, but also have further-reaching implications for the victimized business as well.”

In most cases, the first notification that an unemployment claim has been filed is a notice of monetary determination received by the individual via mail at their home address from the appropriate unemployment agency for the state that the claim has been filed with. By then, the claim has already made its way to the unemployment agency for approval and has gone through its system for approvals. In these pandemic times, the unemployment agencies have increased the speed at which claims are processed to get monies in the hands of legitimate claimants, but in the process have allowed fraudulent claims to begin to enter the process more rapidly.

So, you might wonder how this impacts a business if the claim is fraudulently claimed against an individual. Again, with some personal firm experience in tow, we can say that these claims are making it to determination status at the business level.

Even though the claim is fraudulent and, in some cases, the employee is gainfully employed at the business, the claim makes its way to the employer’s unemployment business account. Hopefully, affected individuals have been notified through some means that the claim has been filed. However, employers should not bank on that as a first means of notification of the fraud.

Perhaps employers are monitoring their unemployment accounts with their respective states more frequently because they may have laid off employees, but for those employers who still have their workforce intact, the need to monitor may not be top priority.

Impact of the Scheme

The impact on an employer of a fraudulently filed unemployment scheme targeting one of its employees is not completely known at this time because the scheme is just evolving. However, we do know this scheme merits notification to employees of the scam and increased monitoring of claims — both legitimate and false — by the company, all during a time when financial and human capital resources are stretched.

The scheme could cause employer unemployment contributions going forward to be inflated because of the false claims. For nonprofit organizations, which typically pay for unemployment costs because claims are presented against their employer account, this scheme could have significant financial implications.

For the individual, the false claim, if allowed to move through the system, shows they have received unemployment funds. This has several potential negative effects, including the ability to apply for unemployment in the future, the compromise of personal information, and the potential tax ramifications in the form of taxable unemployment benefits even though the monies were not actually received.

Detection and Prevention Techniques

Internal controls surrounding the human resources and payroll area should be heightened and monitored to encompass more frequent reviews of unemployment claims.

Communication with employees about the unemployment scam and the importance of forwarding any suspicious correspondence received by the employer is key. The employee may be the first line of defense.

Also, working in a remote environment should give business owners cause to pause and re-evaluate systems in place, including data security and privacy. It is unclear how these fraudsters may be obtaining information, but it is critical to be diligent and reinforce the need for heightened awareness relative to e-mail exchanges, websites visited, and data that is accessible.

Diligence, communication, monitoring, and education are important for business owners to prevent and detect fraud. Diligence in ensuring appropriate systems are in place, continued open and deep lines of communication with team members, monitoring relative to the effectiveness of systems, and educating team members on the changing schemes and the importance of their role are effective first steps.

Julie Quink is managing principal with West Springfield-based accounting firm Burkhart Pizanelli; (413) 734-9040.

COVID-19 Daily News

BOSTON — The Baker-Polito administration announced that the second step of phase 2 of the Commonwealth’s four-phase reopening plan will begin today, June 22, to allow additional industries to resume operations under sector-specific guidelines.

The following will be eligible to reopen today: indoor table service at restaurants; close-contact personal services, with restrictions; retail dressing rooms, by appointment only; and offices, at 50% capacity.

In order to give those businesses time to prepare, the administration had previously released sector-specific guidance in advance of phase 2 for industries including restaurants, close-contact personal services, and sectors not otherwise addressed.

Before these sectors can resume operations under the guidelines, businesses must meet all safety standards, create a COVID-19 control plan, and complete a self-certification.

On May 18, the administration released a four-phase plan to reopen the economy based on public-health data, spending at least three weeks in each phase. Key public-health data, such as new cases and hospitalizations, have been closely monitored and shown a significant decline, allowing for the second step of phase 2 to begin.

Daily News

BOSTON — Gov. Charlie Baker, Lt. Gov. Karyn Polito, Senate President Karen Spilka, and House Speaker Robert DeLeo announced additional administrative tax-relief measures for local businesses that have been impacted by the ongoing COVID-19 outbreak, especially in the restaurant and hospitality sectors.

This tax relief builds upon previous, similar tax extensions and includes postponing the collection of regular sales tax, meals tax, and room-occupancy tax for small businesses that would be due from March through August, so that they will instead be due in September. Additionally, all penalties and interest that would otherwise apply will be waived.

“We are proud to join our colleagues in the Legislature to announce this additional relief for local businesses throughout Massachusetts while we all continue to navigate the COVID-19 pandemic and work to protect the health and safety of the Commonwealth’s residents,” Baker said. “These administrative changes extend tax-relief measures put into place earlier in March and will allow additional support for local companies, including small businesses in the restaurant and hospitality industries.”

Businesses that paid less than $150,000 in regular sales plus meals taxes in the year ending Feb. 29, 2020 will be eligible for relief for sales and meals taxes, and businesses that paid less than $150,000 in room occupancy taxes in the year ending Feb. 29, 2020 will be eligible for relief with respect to room-occupancy taxes.

For businesses with meals tax and room-occupancy tax obligations that do not otherwise qualify for this relief, late-file and late-pay penalties will be waived during this period.

“The Commonwealth is carrying out a historic response to the COVID-19 crisis,” Polito said. “We continue to seek ways to provide local businesses with tools, resources, and support to help reopen the Massachusetts economy while also ensuring key public-health measures are in place.”

Coronavirus Cover Story

Shell-shocked Businesses Respond with Grit, Determination

The COVID-19 pandemic has rocked businesses large and small in virtually every sector of the economy. The individual stories vary somewhat, but there are several common themes — lost revenue streams, struggles to make payroll and pay the bills, and large amounts of uncertainty about what the future holds. But there are other commonalities as well, including a willingness, born of necessity, to respond to this crisis — the worst situation any of these business owners have faced — with determination, imagination, and the will to find a way to get to the ‘other side.’ For this issue, BusinessWest talked with 10 business owners about what has happened since the pandemic arrived with brutal force three incredibly long months ago, and how they’re battling back. These are their COVID stories.

Zasco Productions

Event company works to pivot, position itself for the long term

Jim White says business at Go Graphix is down considerably

Go Graphix

In a sign of the times, this company has pivoted into new products

Dr. Yolanda Lenzy

Lenzy Dermatology

Practice owner says many patients still wary of returning to her office

Liz Rosenberg

TheToy Box

Shop owner finds ways to share joy at a time when it’s badly needed

Teddy Bear Pools

During peak season, this area fixture is making up for lost weeks

Sarah Eustis

Main Street Hospitality

Hotel group continues to grow through an uncertain time

Lenny Underwood

Lenny Underwood

For this photographer and sock maker, the pandemic is a developing story

Doug Mercier, right, with brother and partner Chuck

Mercier Carpet

Pandemic poses challenges, opportunities for flooring company

Bernie Gelinas said his appointment book has been full

Cuts Plus

Salon owner says he missed the relationships the most

Eastside Grill’s new outdoor seating area

Eastside Grill

Restaurant owner says reopening will be exciting, but scary, too

Cybersecurity Special Coverage

Risk and Reward

If the COVID-19 pandemic has taught businesses anything, it’s that employees, in many cases, can do their jobs from home — which can, in theory, lead to cost savings. But also expenses — the type of expense that, if ignored, can lead to much bigger losses.

We’re talking about data security. And what remote workers need depends, in many cases, on how long they plan on staying home, said Sean Hogan, president and CEO of Hogan Communications in Easthampton.

“We have some clients investing in the home office and planning on shrinking their bricks and mortar, so they’re going to save money on bricks and mortar or the lease,” he told BusinessWest. “But then they have to invest in bandwidth and security for the remote office. It’s a huge issue.”

And a sometimes messy one. In a shared workplace, Hogan noted, “you might have great security, firewalls, routers, you have security installed, you make sure all the security is updated, you constantly have the latest patches and revisions.”

But working from home poses all kinds of issues with the unknown, the most pressing being, what programs are running on home devices, whether those devices are loaded with viruses, and whether they can infect the company’s servers when they connect remotely.

“We’re trying to control security at someone’s own bandwidth at the house, where three, four, or five people may be trying to jump on at the same time,” he added. “It’s not shaped at all; it doesn’t prioritize any applications or traffic. Now, there are ways to do that — we can install SD-WAN software that allows us to monitor the connection and prioritize traffic like Zoom, Microsoft Teams, or GoToMeeting. That way, you don’t have everyone breaking up and having issues.”

Sean Hogan

Sean Hogan

“We have some clients investing in the home office and planning on shrinking their bricks and mortar, so they’re going to save money on bricks and mortar or the lease. But then they have to invest in bandwidth and security for the remote office. It’s a huge issue.”

But that doesn’t solve the issues of security holes in the home wi-fi — which have weaker protocols, allowing hackers easier access to the network’s traffic — as well as the human element that makes workers vulnerable to phishing scams, which are the top cause of data breaches, and insecure passwords, which allow hackers easy access to multiple accounts in a short period of time.

“The Internet has become the Wild West over the last 10 years,” said Jeremiah Beaudry, president of Bloo Solutions in Chicopee, starting with scam e-mails — from phishing attacks to realistic-looking but nefarious sites that try to wrench passwords and data from users and install malware on their computers.

“I get e-mails from clients three or four times a day — it used to be once or twice a week — saying things like, ‘I got this e-mail asking me to wire money to a client,’” he noted. “You can’t stop people from pretending to be someone else, and the language is getting more and more clever.”

That combination of possibly flawed technology and human errors make the home office a particular concern in the world of cybersecurity.

“Nobody has the exact answers right now for how to make the most secure connection at a remote office,” Hogan said, adding that going to the cloud has been an effective measure for many businesses, while others have taken the more drastic step of setting up physical firewalls at remote sites for key employees — say, for the CEO or CFO. “We’ll lock them down if they’re actually connecting to files and servers that are really confidential.”

Possible solutions are plenty, he said — but it all begins with knowing exactly what equipment remote employees are dealing with, and what threats they pose.

Viral Spread

COVID-19 isn’t the only fast-spreading infection going around, Hogan said. In fact, “45% of home computers are infected with malware. That’s an eye opener for many people. It’s a huge issue, and removing it is a huge challenge.”

One problem is the human element — specifically, how users invite threats in by not recognizing them when they pop up. Take the broad realm of phishing — the setting in which people receive such pitches can actually make a difference in how they respond, Beaudry said.

“It’s harder to sift through it when working from home; it’s not natural. You’re out of your element when you’re sitting at our desk in your pajamas, as opposed to being in your office at work. You may not be reading your e-mail as carefully as you normally would. You may not be on alert.”

A big piece of the puzzle is end-user awareness, he said. “You want to have your employees educated about what’s out there, so they know how to spot forgeries.”

Alex Willis, BlackBerry’s vice president of Sales Engineering and ISV Partners, recently told Forbes that companies trust their employees to do the right thing, and workers are generally honest, but trust can be a dangerous thing.

“The problem with just trusting people is that employees don’t always do this on purpose,” Willis said. “Sometimes, it’s just purely unintentional. They are working on a home machine that’s riddled with malware. They need access to corporate data. For instance, if the company issues a slow laptop to an employee and the employee has to get their job done, they are going to use their home computer that is faster to do the job. In that scenario, the home computer might not be as secure.”

Jeremiah Beaudry

Jeremiah Beaudry says home networks aren’t typically built to run as efficiently — or safely — as those in a workplace.

Again, it’s that issue of the unknown, Beaudry told BusinessWest. “You don’t know what they have going on with their home networks. We didn’t set up the home connection, we don’t know what they have, and everyone has different people on it. Some are borrowing it from their apartment complex or sharing it with the neighbors, and they expect the internet to work perfectly. It’s not going to.”

In an office, on the other hand, everyone is using the same network, running at the same speed, with the same level of security and firewall protection. “Then, when they go home, there are so many variables.”

The best-case scenario is to give employer-owned devices to employees so they can remotely manage information.

“You can put antivirus on an employer-owned device; when they’re using their own devices, you don’t know what they’re doing to protect it,” Beaudry added. “And if the employee is laid off or fired, you would have the ability to control any employer-owned data.”

At the very least, he said, companies should encrypt the traffic between their network and individual users’ home computers.

“We put monitoring agents on remote clients that monitor for any viruses or malware and will update their antivirus and malware protection in some cases,” Hogan added.

Vigilant Approach

None of this completely addresses the speed and efficiency issues of home devices. “Usually, in a home office, they pay for their own bandwidth, and the business can’t say, ‘we don’t want your kid playing Fortnite,’” Hogan said. “That’s the challenge.”

“I get e-mails from clients three or four times a day — it used to be once or twice a week — saying things like, ‘I got this e-mail asking me to wire money to a client.’ You can’t stop people from pretending to be someone else, and the language is getting more and more clever.”

“Some clients will pay for a second, business-only connection for remote workers, he added. “But that’s pretty extreme; not many are doing that.”

More popular — and effective — is the move to a virtual environment. Working in the cloud, he noted, means not worrying about the hub-and-spoke relationship between physical servers and computers that’s the biggest weak point for security. “Most of my clients have eliminated that weakness.”

For some clients, the cybersecurity issue is especially critical — take medical businesses, for whom privacy is paramount in the HIPAA era. “That changes the game completely,” Hogan said, noting that one resource for companies handling sensitive data is a SOC, or security operations center.

“Clients who really value security can sign up with a SOC team that responds in case of a breach,” he explained. “It’s a lot of monitoring, detecting, and responding.”

Delcie Bean, CEO of Paragus IT, said any investment in platform migration and remote work has to be accompanied by investment in strong security tools — and education.

“The legacy tools and technologies used to secure networks for the past 10 years need not apply for this next wave of mobile workers,” he told BusinessWest. “Security of the future will be a lot more about multi-factor authentication, deep encryption, and will involve a lot more end-user training as well as testing than the command-and-control style approach of the past.”

Hogan agreed. “Password management is so massive,” he said, noting that people resist simple protections like multi-factor authentication, or even just using complicated passwords, or different passwords for different sites.

“We are also dark-web monitoring pretty consistently,” he added. “The dark web has been on fire lately — a lot of breaches.” Once data fall into those hands, the damage is done, he added, “but the important thing is to know what got breached, and if you can tell what credentials are out there, so you can change them.”

The bottom line, Beaudry said, is to make sure employees use unique passwords and encrypt connections remotely, and not using tools that are potentially vulnerable.

“And there’s a long list of tools known to be exploited by hackers, so it’s good to check with an IT professional before using any remote desktop method,” he added. “Some methods require you to open firewall ports that can leave you vulnerable to ransomware and all sorts of awful data breaches. The main thing is to make sure your firewall is locked down and no unnecessary ports are open, and you have backups of all data.”

That’s a lot to consider when moving into an era of expanded remote work — some of which comes at a cost. But the cost of ignoring it is much higher.

Joseph Bednar can be reached at [email protected]

Modern Office Special Coverage

Views from a Distance

In the middle of March, employees of companies across Massachusetts — and many other regions of the U.S. — suddenly began working at home. In some cases, it was a matter of setting up a team of four or five people in their home offices.

Then there’s MassMutual, which suddenly had to do that for 7,500 employees.

“We communicated the transition on a Thursday, and by Monday, we had gone from about 20% of our workforce being remote to more than 95%,” said Susan Cicco, MassMutual’s head of Human Resources & Employee Experience. “On top of the need for that speed and agility, this particular situation created unique challenges in that employees are working remotely while, in many cases, fulfilling many additional roles — as employees, caregivers, and even teachers.”

But the experiment — if one can call it that, since the government was forcing the company’s hand — has been largely successful, to the point where, with the COVID-19 pandemic still a threat, MassMutual has told its employees to keep working remotely, at least into September.

“We decided to share with employees that we would start returning to the office no earlier than the beginning of September as we continue to focus on their health and safety, as well as allow them to be able to plan family and life commitments amidst continued uncertainty around things like childcare and camps,” Cicco told BusinessWest. “I’m not sure anything particularly equates for the scale and magnitude of this crisis. That said, we relied on and built upon our strong cultural foundation and focus on flexibility, balance, and well-being.”

“This particular situation created unique challenges in that employees are working remotely while, in many cases, fulfilling many additional roles — as employees, caregivers, and even teachers.”

Which brings up a question many companies of all sizes are likely asking — once the pandemic is in the rear-view mirror, what have we learned about the potential of remote work in the future? And how many employees do we really need under one roof?

“I am sure that just about every business is going to be impacted both positively and negatively by this COVID-19 pandemic,” said Delcie Bean, CEO of Paragus IT. “My sincere hope is that the negative impacts are short-term and the positive impacts are long-term. In terms of those positive impacts, I think the most obvious is that many businesses learned that is it possible to conduct business remotely.”

Elaborating, he noted, “I know many companies that, ahead of the pandemic, said it wouldn’t work for them, but when push came to shove and they were forced into it, they found that it actually did work better than they could have imagined. That said, I know many businesses are finding that their technology is not well-suited for a predominately remote workforce, and therefore if they wish to make those changes permanent, they will need to make further investments in their technology platforms.”

The big takeaway, however, is that it’s possible, and the technology Bean mentions is widely available. But other questions need to be answered as well.

Lives in the Balance

One deals, quite simply, with employees’ mindset, Cicco said.

“Our colleagues have been amazingly resilient and committed through all this, and a major focus has been on ensuring we are keeping a pulse on employee well-being — physical and emotional — to provide the relevant support and resources,” she noted. “We’ve also been working to communicate continuously as things evolved — both when we had answers and, as importantly, when we didn’t.”

They learned that employees’ biggest stressor was the ability to effectively balance their work and personal lives, whether that’s caring for elderly loved ones, helping children with school, or taking time for themselves while still maintaining work commitments.

Susan Cicco

Susan Cicco says the biggest stressor for those working from home has been balancing their work and their personal lives, whether that’s caring for an elderly loved one or helping children with school.

In response, the company rolled out additional tools and resources for employees. In addition to existing benefits, time off, and leave policies, employees could access up to 80 hours of additional paid time off related to COVID-19.

“This time is not limited to those who are sick or taking care of kids or loved ones, although those circumstances apply,” Cicco said. “The intent is really to help everyone work through personal challenges that come up in dealing with the pandemic.”

To promote wellness in the home, MassMutual launched online fitness classes, webinars dedicated to dealing with stress, meditation programs, as well as virtual yoga, stretch breaks, and more.

It also expanded its Employee Assistance Program, which offers free sessions with counselors to help people through a range of needs, from managing anxiety and stress to juggling the demands of parenting, to grieving the passing of a loved one. 

“And, working with our eight Business Resource Groups, we’ve continued our commitment to diversity and inclusion,” Cicco continued, “providing a safe space for employees to share what’s on their minds and connect through online conversations on how different segments of society are impacted by the pandemic.”

If companies decide they can manage employees’ needs remotely and see no reduction in efficiency, they might indeed move in that direction permanently, at least for some workers, Bean said.

“The impact of this, or the ripple effect, is what is most interesting,” he told BusinessWest. “In talking to clients, peers, and friends, I know companies that will forever reduce their physical office space — focusing more on meeting rooms and less on offices, with the philosophy that the office is somewhere we come to collaborate or meet up, but when we are working independently, we do so from home. Changes like that will have all kinds of effects on traffic, real estate, even the carbon footprint of an organization.”

However, at the same time, businesses are starting to realize that the technology required to make this work, and to make it work securely, is different than the tech they have been investing in for the past 10 years, he explained.

“Platforms like Microsoft 365 become essential, but not just for e-mail; it is my opinion that, during this pandemic, while we were all running around applying for PPP loans and trying to learn Zoom, somewhere over in a corner, the concept of having a file server died a quick and quiet death,” he explained. “Businesses will need to move to platforms that are much more device-agnostic, where control, management, and data are decentralized and largely migrated to the cloud, and where collaboration is dramatically enhanced through tools like Microsoft Teams.”

Expanding those tools will need to be accompanied by enhanced cybersecurity at home, Bean added.

Best of Both Worlds

Taking the broad view, Bean said the potential clearly exists for more remote work and home-based employees.

“In the end, everything that is going to happen was going to happen anyway,” he noted. “However, five years was just shaved off of the schedule that was otherwise going to play out, dramatically accelerating that process.”

After all, he added, the core value of technology today is that it moves quickly — often before people are ready.

“It’s hard for anyone to truly know the future when still in the midst of something unprecedented like this,” Cicco added. “I have no doubt that this forced work-from-home experience has validated the potential of flexibility and how productive an organization can be working remotely, while, at the same time, reinforcing the importance of people coming together in the same space to achieve common goals.”

So maybe there’s room for both models.

“I am certain the learnings from all this will undoubtedly move us forward in providing the best of both worlds,” she said, “supporting employees working from home when it makes sense for them and their work, along with continuing to foster the right work environment that safely draws people together to collaborate and innovate.”

Joseph Bednar can be reached at [email protected]

Opinion

PPP: The Feds Need to Do More

As you read the accounts of individual companies grappling with the pandemic in the June 8 issue of BusinessWest — we call them ‘COVID Stories’ — a number of themes and similarities emerge.

The first is that virtually every business in every sector of the economy was hit, and hit extremely hard by this. We talked with people in healthcare, service, tourism and hospitality, the sector known as ‘large events,’ marketing, retail, and more, and all of them said the same thing — that the floor was virtually taken out from under them back in mid-March.

Another theme is that businesses have responded with imagination and determination, finding new revenue streams, new products to develop, new ways to do things, and new opportunities wherever they arise.

Still another theme is that these new revenue streams and opportunities haven’t produced results that come anything close to what these companies were doing before the pandemic, a time that now seems like years ago, but was really only three short months ago.

Which brings us to one more common thread among the stories presented this month in a series that will continue into the summer — the fact that these companies needed help, received it, and will very likely need more help if they are going to fully rebound from this crisis.

Indeed, most all the companies we spoke with received support in the form of loans from the federal Paycheck Protection Program, or PPP, an acronym now very much part of the current business landscape.

“Most of the companies we spoke with are not even close to being out of the woods. In fact, some are counting down the days until the PPP runs out with a certain amount of dread and a painful question: ‘what happens then?’”

Some struggled to get it and waited nervously for the money to land in their accounts. Others haven’t really touched it yet and don’t know exactly what to do with it because they can’t bring their people back to work because there is, as yet, no work to do.

The program isn’t perfect, and there are some bugs to be worked out, but overall, this measure has done exactly what it was designed to do — provide a lifeline to businesses that desperately need one. PPP has enabled companies to meet that most basic of obligations — meeting payroll — at a time when so many would not have been able to do so.

But as these stories make painfully clear, most of the companies we spoke with are not even close to being out of the woods. In fact, some are counting down the days until the PPP runs out with a certain amount of dread and a painful question: ‘what happens then?’

What should happen is the government offering another round of support to companies that can demonstrate real need — and, again, that’s most of them. The recovery is not going to be V-shaped or even U-shaped. It may be several months before there is, in fact, real recovery.

And the federal government has an obligation to help businesses get to that point. When the PPP was first conceptualized, the thinking was (we presume) that, in eight weeks, the worst would be over and things would start to return to normal. It’s still early in the game, but mounting evidence suggests that is not the case.

‘Normal’ is still a long-term goal, and it’s clear that companies will need additional support to be able to keep paying people and staying upright until better days arrive.

As one business owner we talked with said, and we’re paraphrasing here — ‘the government caused this problem by ordering a shutdown … so now, they own the problem.’ He’s right.

Already, there are far more ‘for sale’ and ‘for lease’ signs on properties across the region than there were three months ago. A number of businesses, many of them in the broad realm of hospitality and tourism, have already failed. Many more will fail in the months to come if they don’t get the support they need — not only from local consumers, but from the federal government itself.

PPP isn’t perfect, but it works. And we’ll likely need at least one more round of it to enable businesses to survive this pandemic.

Building Permits

The following building permits were issued during the month of May 2020. (Filings are limited due to closures or reduced staffing hours at municipal offices due to COVID-19 restrictions).

CHICOPEE

Chicopee Property
443-445 Chicopee St.
$5,000 — Demolish metal building

Christy Real Estate, LLC
390 Burnett Road
$150,000 — Roofing

Elms College
291 Springfield St.
$98,995 — Roofing

New England Tel. and Tel. Co.
29 Riverview Ter.
$188,772 — Remove and replace existing air-conditioning system

Tabernacle Baptist Church
603 New Ludlow Road
$30,000 — Repair sills and floor joist, replace entry door and windows, repair handicap ramp

LENOX

Berrydale, LLC
7 Hubbard St.
$40,000 — Repair front porch of building

Jaki Nominee Trust
12 Housatonic St.
$9,000 — Outdoor dining awning

MRG CRW Holdings, LLC
55 Lee Road
$7,543 — Replace fire-alarm panel and tie into fire-alarm network

SPRINGFIELD

Mittas Hospitality, LLC; DD Development, LLC; and Rudra Realty, LLC
1500 Main St.
$326,173 — Remodel first-floor lobby, bar, kitchen, and restaurant at Tower Square Hotel

COVID-19 Daily News

BOSTON — The Baker-Polito administration announced that phase 2 of the Commonwealth’s reopening plan begins today, June 8. Businesses and sectors set to begin opening in phase 2 are subject to compliance with all mandatory safety standards.

The following businesses will be eligible to reopen immediately, with contingencies:

• Retail, with occupancy limits;

• Childcare facilities and day camps, with detailed guidance;

• Restaurants, outdoor table service only;

• Hotels and other lodgings, but no events, functions, or meetings;

• Warehouses and distribution centers;

• Personal services without close physical contact, such as home cleaning, photography, window washing, career coaching, and education tutoring;

• Post-secondary, higher education, vocational-technical, and occupational schools for the purpose of completing graduation requirements;

• Youth and adult amateur sports, with detailed guidance;

• Outdoor recreation facilities;

• Professional sports practices, but no games or public admissions;

• Non-athletic youth instructional classes in arts, education, or life skills in groups of less than 10;

• Driving and flight schools;

• Outdoor historical spaces, but no functions, gatherings, or guided tours; and

• Funeral homes, with occupancy limits.

The following businesses will be eligible reopen later in phase 2, at a date to be determined:

• Indoor table service at restaurants; and

• Close-contact personal services, with restrictions, including hair removal and replacement, nail care, skin care, massage therapy, makeup salons and makeup-application services, tanning salons, personal training (with restrictions), and tattoo, piercing, and body-art services.

A full list with safety protocols is available at www.mass.gov/reopening.

Healthcare providers may also incrementally resume in-person elective, non-urgent procedures and services, including routine office visits, dental visits, and vision care subject to compliance with public health and safety standards. All other in-person medical, behavioral-health, dental, and vision services may also resume on June 8, except for elective cosmetic procedures and in-person day programs, which will be included in phase 3. Telehealth must continue to be utilized and prioritized to the greatest extent possible, whenever feasible and appropriate.

Limited reopening of visitation will also begin, and all visitation is subject to infection-control protocol, social distancing, and face coverings. Given the diversity of facilities and programs, there are specific timetables for visitation, and congregate-care programs will be reaching out to families with specific details on scheduling visits.

On May 18, the administration released a four-phased plan to reopen the economy based on public health data, spending at least three weeks in each phase. Key public health data, such as new cases and hospitalizations, has been closely monitored and seen a significant decline, allowing for phase 2 to begin.

The public-health dashboard designating the progress of key COVID-19 data metrics has been updated to reflect the number of COVID-19 patients in Massachusetts hospitals to green, indicating a positive trend.

Since mid-April, the seven-day average for the positive COVID-19 test rate is down 82%, the three-day average of hospitalized patients is down 55%, and the number of hospitals in surge is down 76%.

A total of 630,000 viral COVID-19 tests have been completed, and testing continues to increase throughout the state.

COVID-19 Daily News

BOSTON — The Baker-Polito administration released health and safety requirements that apply to the reopening of all childcare programs, recreational camps, and municipal or recreational programs not traditionally licensed as camps as part of the phased reopening of the Commonwealth.

The Department of Early Education and Care (EEC) assembled a Health and Safety Working Group and solicited input from thousands of childcare providers from across the Commonwealth, as well as consulting with medical experts at Boston Children’s Hospital, to develop the “Massachusetts Child and Youth Serving Programs Reopen Approach: Minimum Requirements for Health and Safety.” These requirements must be implemented to protect the health and safety of all children, families, and staff and minimize the spread of COVID-19.

Childcare programs licensed by EEC will be required to submit plans to the department to be approved once phase-2 reopening begins. The department will provide templates for submission as the process is launched and will utilize an attestation approval process.

Recreational camps and municipal or recreational youth programs not traditionally licensed as camps may open during phase 3. Residential camps and other overnight stays will not be allowed until phase 3.

Prior to reopening, all programs must develop plans for daily health screenings and ways to identify children and staff who are sick, symptomatic, or who become exposed to coronavirus. Programs must also have a plan in place to handle possible closings, staff absences, and gaps in child attendance, as well as determine how to communicate with staff, parents, local boards of health, and others.

Programs must screen all staff and children with a temperature check before they are permitted to enter the childcare space. Programs must establish one entry point to ensure no one is allowed in the building until they pass a health screening.

Parents must wear masks or face coverings when picking up and dropping off their child on a staggered schedule and will be met at the door by staff.

Children over age 2 should be encouraged to wear a face covering, at the discretion of parents or guardians, if they can safely wear, remove, and handle masks. Certain exceptions are detailed in the guidance. Masks do not need to be worn while playing outdoors if children are able to keep six feet apart. Children should not wear masks while eating, drinking, sleeping, or napping.

Staff members are encouraged to wear masks or cloth face coverings at all times when caring for children and interacting with parents and families. If possible, the department recommends staff wear transparent masks to enable children to see facial expressions, which is important for child development.

Programs are asked to make additional changes to their operations, including canceling field trips and not holding activities involving attendance of multiple groups. Non-essential visitors, including parents and volunteers, will be restricted from entering the premises of childcare programs.

Group sizes must be restricted to a maximum of 10 children, with a total of 12 individuals including children and staff in each room. Consistent with pre-pandemic operations, the infant-to-staff ratio is smaller, with seven infants to two staff members and a maximum of group size of nine.

Children must remain with the same group each day and at all times while in care. Siblings should be kept in the same group, when suitable. Groups must not be combined at any time. The same staff must remain with the same group of children each day. Staff should not float between groups either during the day or from day to day, with some limited exceptions.

Group transportation should be provided only during the phased reopening when there is no other option to transport children to and from the program. Programs intending to provide transportation services should follow detailed guidance.

For summer day camps, campers and counselors will need daily health screenings, including temperature and other checks for signs and symptoms of illness. Camps will need plans in place for when a staff member or child becomes sick. Camp spaces will need to be prepared to ensure physical distancing, and camps will need to have at least two health-services staff on site at all times.

Other protocols require campers and counselors to stay together in their groups, and staff will not be able to move between groups either during the day or from day to day, unless needed to provide supervision of specialized activities such as swimming.

Snacks and meals should be brought from home, pre-packaged, or ready to serve in individual portions to minimize handling and preparation. When this is not feasible, staff must prepare and serve meals. No family-style food service is allowed.

Parents must wear face coverings, and camps must develop safe pickup and drop-off procedures to maintain social distancing. Camps may not take campers on field trips or for other off-site travel.

COVID-19 Daily News

BOSTON — The Baker-Polito administration provided an update on the plan to reopen the Massachusetts economy and preparations for phase 2. The administration will determine the start of phase 2 on June 6.

On Monday, June 1, Gov. Charlie Baker will issue an executive order with a detailed list of sectors that fall into each phase. The order will allow phase 2 businesses to bring back employees in preparation for reopening. Through this order, professional sports teams can begin practicing at their facilities in compliance with the health and safety rules that all the leagues are developing. Facilities remain closed to the public.

The administration today issued workplace safety standards for restaurants and lodging, organized around four distinct categories covering social distancing, hygiene protocols, staffing and operations, and cleaning and disinfecting.

Outdoor dining at restaurants will begin at the start of phase 2. Indoor dining will begin later within phase 2, subject to public-health data. Even when indoor seating is permitted, use of outdoor space will be encouraged for all restaurants.

Social-distancing guidance includes spacing tables six feet apart with a maximum party size of six people. The use of bars, except for spaced table seating, will not be permitted. For hygiene protocols, utensils and menus should be kept clean through single use or with strict sanitation guidelines; reservations or call-ahead seating is recommended; and contactless payment, mobile ordering, or text on arrival for seating will also be encouraged.

Restaurants will be expected to follow cleaning and disinfecting guidelines, in accordance with CDC guidance. This includes closing an establishment temporarily if there is a case of COVID-19 in an establishment.

Hotels, motels, and other lodging businesses will be allowed to expand their operations in phase 2. Lodging safety standards apply to all forms of lodging, including hotels, motels, inns, bed and breakfasts, and short-term residential rentals including Airbnb and Vrbo.

Event spaces, like ballrooms and meeting rooms, will remain closed. On-site restaurants, pools, gyms, spas, golf courses, and other amenities at lodging sites may operate only as these categories are authorized to operate in accordance with the phased reopening plan. Lodging operators must also inform guests of the Commonwealth’s policy urging travelers to self-quarantine for 14 days when arriving from out of state.

Law Special Coverage

COVID Lawsuits

By John Gannon, Esq.

Businesses across the globe are in the midst of planning, preparing, and executing their reopening strategies. While this news is encouraging, employers face novel and complicated legal questions about their potential liability to employees who either get sick at work or cannot return due to medical or childcare-related reasons.

Searching for answers, businesses leaders are confronted with an array of local, state, federal, and industry-specific protocols for operating safely. Charting a course in the face of this uncertainty is no small task. Unfortunately, one thing remains clear: there will be a wave of lawsuits triggered by the difficult business decisions made during this challenging time.

The COVID-19 crisis will send shockwaves through the courts and fair-employment agencies (such as the Equal Employment Opportunity Commission and the Massachusetts Commission Against Discrimination) for years to come. Senate Majority Leader Mitch McConnell remarked that an “epidemic” of these lawsuits will lead to “a trial-lawyer bonanza.” While likely overstated, the concern for employers should be real. Numerous COVID-19-related lawsuits have been filed, with many more on the way. Here are a sampling of those legal theories, with prevention tips and tactics at the end.

Negligence and/or Wrongful Death

One of the scariest claims for businesses will be negligence and wrongful-death lawsuits. In short, these actions may be lodged by employees (and even customers) who are harmed by COVID-19 because the employer failed to keep the work environment safe.

How might this look? Imagine that employees in a manufacturing plant return to work as the business reopens (or perhaps they have been working all along if the workers are deemed ‘essential’). Joe, who works on the factory floor in close proximity with others, tests positive for COVID-19. Mike, who works near Joe, also tests positive. Mike in turn infects members of his household, including an aging, immune-compromised parent. Can any of them sue the business?

John S. Gannon

John S. Gannon

“Our workers’ compensation system typically prevents employees from suing their employers for injuries that result from working. Instead of suing, employees with occupational injuries get paid through workers’ comp. But is a COVID-19 infection ‘occupational?’”

Our workers’ compensation system typically prevents employees from suing their employers for injuries that result from working. Instead of suing, employees with occupational injuries get paid through workers’ comp. But is a COVID-19 infection ‘occupational?’ Proving the root cause of a COVID infection is very difficult, as the virus spreads easily and can be contracted nearly anywhere.

In the above example, would Joe have a workers’ comp claim? Probably not, unless he can show others he was working in close proximity with someone who had the virus before him. What about Mike? He has a better claim, but still no sure thing. And certainly the family member would not be filing a comp claim. Instead, a negligence or wrongful-death suit might follow.

Recently, the relative of a retail-store employee in Illinois who died from COVID-19 sued the retailer for negligence and wrongful death. The lawsuit claims that the employee contracted COVID-19 in the store, and the business did not do enough to protect employees from the virus. All businesses that are open or reopening should have this case on their radar.

FFCRA Violations

By now, everyone should know that the Families First Coronavirus Response Act (FFCRA) allows employees to take paid leave for a number of COVID-19-related reasons, including the need to care for children who are unable to go to school or daycare. Employees who are denied FFCRA rights or retaliated against for taking FFCRA leave can sue you in court. Successful employees may be entitled to reinstatement, lost wages, attorney’s fees, and double damages.

The first FFCRA-related lawsuit was filed last month. In the case, a female employee (and single mom) claimed she was fired because she requested FFCRA leave due to her son’s school closing. The employee allegedly discussed her need for leave to care for her son, and was told that the FFCRA was not meant to be “a hammer to force management into making decisions which may not be in the interest of the company or yourself.” She was fired a few days later and then filed what might be the first FFCRA lawsuit. Many more are certain to follow.

Discriminatory Layoffs

At the time of this article, the unemployment rate in the U.S. stands at almost 15%, and more than 30 million Americans have filed for unemployment since mid-March. Each layoff decision comes with the risk that someone will claim the reason they were selected was discriminatory.

Suppose Jane, who is 60, gets laid off, while many younger workers were retained for employment. Jane may claim that the reason was at least partially motivated by her age. If she was right, it would be would be textbook age discrimination.

Whistleblower/Retaliation Lawsuits

Employees who raise complaints or concerns about workplace safety are protected against retaliation by the Occupational Safety and Health Act. Similarly, Massachusetts has a law that protects healthcare workers who complain about practices that pose a risk to public health. We expect an increase in these lawsuits during this pandemic.

Prevention Strategies

These novel COVID-19-related lawsuits generally fall into one of two buckets: claims related to worker health and safety, and discriminatory or retaliatory adverse employment actions.

To protect against the first batch, businesses need to rigorously follow federal, state, and local guidance on maintaining a safe workplace. Agencies like the Centers for Disease Control and Prevention, the Occupational Safety and Health Administration, and the Equal Employment Opportunity Commission have issued guidance on topics like maintaining safe business operations, temperature checks for employees, and personal protective equipment. Check with your risk-management advisors to see if they have developed checklists or other tools you can use to aid in your business reopening.

Avoiding the second type of lawsuit (discrimination, retaliation, etc.) involves the same tried and true principles that were critical before COVID-19. Make sure you have reasonable, business-based justifications for your decisions that are not motivated by characteristics like race, age, gender, or use of FFCRA leave. These business-based reasons should be well-documented and understandable to laypeople, who may be reviewing your justification in a jury room. Finally, when in doubt, consult with your labor and employment-law specialists.

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; [email protected]

Coronavirus Features

Unwanted Break in the Action

By Mark Morris

Thunderbirds

Nate Costa says the Thunderbirds were on track for their most successful season when it ended prematurely.

When discussing the impact COVID-19 has had on the AHL’s Springfield Thunderbirds, team president Nathan Costa doesn’t mince words.

“There’s no way to sugarcoat this — it’s a challenge, and it stinks,” he said, noting that, with seven games remaining in the regular season, the Thunderbirds were close to making the playoffs when the American Hockey League (AHL) suspended play on March 12, then formally canceled the remainder of the season on May 11.

“I’ve been in the pro-sports world for more than 10 years, and none of us have ever seen anything like this,” he told BusinessWest, using that phrase to talk about everything from the sudden end to the 2019-20 season to the prospects for the season tentatively scheduled to start in just four short months.

And those sentiments were echoed by executives with teams in another sport — baseball.

Indeed, in Holyoke, the Valley Blue Sox will not be playing in 2020 as its league, the New England Collegiate Baseball League (NECBL), announced on May 1 it would cancel the entire season.

Chris Thompson

Chris Thompson hopes the Starfires are able to take the field at all this summer.

Meanwhile, the Futures Collegiate Baseball League (FCBL) has not yet canceled its season, but it has pushed back opening day from May 27 to an as-yet-undetermined date, which affects the Westfield Starfires, a team in only its second year of existence.

Chris Thompson, owner of the Starfires, said the student athletes on his roster have already missed the spring college season because the NCAA canceled it due to the coronavirus. He remains hopeful there will be some opportunity for his team to play ball this summer, adding that this will happen only if the health and safety of the players, fans, and staff at the ballpark can be assured.

“From our perspective, we won’t play until it’s safe to do so, but we won’t cancel until we’re told we have to,” Thompson said. “There’s no blueprint for this.”

Taking a Timeout

With that last statement, Thompson, who once worked as an executive with the Thunderbirds, spoke for everyone involved in professional sports. There is no blueprint for how to proceed, but teams can try to plan for the short and long term and adjust for what will certainly be a new normal.

Costa said his team and the AHL are having discussions about what the experience will look like for fans at the MassMutual Center, and other buildings in the league, if and when play returns.

He pointed out that the NHL and the NBA may be able to play in empty arenas because of lucrative TV contracts that provide a great deal of income to the teams, but playing with no fans is just not just not feasible for the AHL because so much of its revenue is from ticket sales, concessions, and other in-arena activity.

“As a league, we cannot play without people in the stands,” said Costa. “It’s pretty much impossible to generate any type of revenue, yet we would have the same amount of expense.”

“As a league, we cannot play without people in the stands. It’s pretty much impossible to generate any type of revenue, yet we would have the same amount of expense.”

Before the season was cancelled, Costa was pleased with the momentum the Thunderbirds had been building in their four years as a franchise. Through 31 home games this season, the team had nine sellouts and anticipated at least three more for their remaining games. By contrast, last year they had nine sellouts in their entire 38-game home schedule. He also cited a promotion that received national attention when the team rebranded for one game as the Springfield Ice-o-topes, in a nod to The Simpsons.

With the beginning of a new hockey season four months away, Costa said the AHL has an opportunity to see how other professional leagues handle reopening for games and get a feel for what might work, or not work, as the case may be.

“The NFL will start its season before us,” he noted, “and that will be a real barometer in terms of social distancing at stadiums and what the experience might look like for people going to games.”

He added that state officials and MassMutual Center staff continue to look at ways to make the environment safe for everyone who enters the building. The AHL is also looking at contingencies such as delaying the start of the season to December or January.

“There’s nothing stopping us from pushing back the start and then playing a little longer next year,” Costa said, “especially if it gives us a chance to get a full season in.”

Costa has good reason to be optimistic for a full season next year as it marks the fifth anniversary of the Thunderbirds and begins a new affiliation with the Stanley Cup champion St. Louis Blues. “We’re already deep into planning what the fifth anniversary season is going to look like, and we’re excited about what the future will bring.”

Thompson had similar thoughts on the Starfires and what lies ahead for that team.

While the FCBL has been working on a plan for social distancing at the ballpark — in this case Bullens Field in Westfield — Thompson said working through an unprecedented challenge like this generates more questions than answers. How teams manage ballpark seating and concession operations are just two of the areas where he has concerns. It even affects travel, as the teams play games in three New England states.

“We usually travel on one coach bus,” he explained. “We can’t afford to have fewer people on two buses; it would double our transportation expense.”

Even if summer baseball happens this year, Thompson said coronavirus has already wrecked a special dynamic in the league. Starfire players often come to Westfield from different parts of the country and stay with local host families for the summer.

“Sometimes a family has an 8-year old Little Leaguer in the house who then has a college roommate for the summer, or we have empty nesters who are looking to host a player or two,” Thompson said. “Host families are one of the great things about summer baseball.”

Now, of course, the model of families hosting players is on hold until next year at the earliest.

Rather, Thompson is now looking to have more players from the eastern part of Massachusetts and the Hartford area of Connecticut so they could commute to games in Westfield.

With the Starfires in a holding pattern, it’s doubtful they will get to play their full 56-game schedule. During this time, Thompson has been reaching out to his corporate sponsors to keep them engaged.

“We’re looking at different ways to use our social-media platforms to get our fans involved and to give our corporate sponsors exposure,” he said.

Finding a Winning Formula

The Thunderbirds are also using social media to extend the reach of their sponsors. Costa said one effective technique has been running ‘rewinds’ of notable games from this season on Facebook. In some cases, the potential audience for sponsors can be larger than in-arena exposure.

“Our Facebook presence has grown to more than 22,000 followers, and on Instagram we have 15,000 followers, giving us a core audience of nearly 40,000 eyeballs,” Costa said, adding that many sponsors have already assured him they will be back next year.

When play was suspended, he placed a high priority on reaching out to season-ticket holders about the seven games they would be missing this year. The team provided options such as a refund for the remaining games, or a credit that would apply to tickets for next season. Costa and his staff also offered a third option.

“We’re setting aside some funds to provide tickets to frontline workers next season at no charge and to recognize all their efforts,” Costa said noting that nearly 25% of the season-ticket holders chose that option.

In a similar move, Valley Blue Sox General Manager Kate Avard said the team had planned to dedicate its opening day in 2021 to “honor and support community organizations and first responders who are currently on the front lines of combating COVID-19.”

As the area’s pro sports teams search for some answers concerning the future, they acknowledge they are hard to come by, noting that perhaps the only certainty is no shortage of uncertainty.

But guarded optimism still prevails.

“We have great community partners who want us to succeed for a long time,” said Thompson, speaking, again, for all those in his profession. “Setbacks like this make us more resilient.”

COVID-19 Daily News

BOSTON — Gov. Charlie Baker is expected to detail his four-phase plan to begin reopening the state today.

The first phase of the plan will allow places of worship, as well as the construction and manufacturing industries, to resume operations with safety measures in place, according to an e-mail sent to local officials obtained by various media outlets.

While specifics of the reopening plan were still being finalized by the COVID-19 Reopening Advisory Board over the weekend, Baker announced last week that he will take a four-phase approach to reopening the Massachusetts economy during the COVID-19 pandemic. The goal is to methodically allow certain businesses, services, and activities to resume, while protecting public health and limiting a resurgence of new COVID-19 cases.

• Phase 1 will be ‘start’: limited industries resume operations with severe restrictions.

• Phase 2 will be ‘cautious’: additional industries resume operations with restrictions and capacity limits.

• Phase 3 will be ‘vigilant’: additional industries resume operations with guidance.

• Phase 4 will be the ‘new normal’: development of a vaccine and/or therapy enables careful resumption of full activity.

Businesses and activities that provided ‘COVID-19 essential services,’ per Gov. Charlie Baker’s March 23 order, will continue to operate. Certain businesses and activities with a lower risk of COVID-19 transmission will open in earlier phases. Decisions and timing will be influenced by public-health metrics for when the first phase of reopening begins, as well as when it is safe to move into concurrent phases. If public health metrics worsen, the state may need to return to an earlier phase.

COVID-19 Daily News

BOSTON — The Baker-Polito administration announced an expanded COVID-19 testing capacity and strategy. As required to secure COVID-19 testing resources allocated in legislation passed by the U.S. Congress on April 24, the administration will submit its plan to expand testing to the federal government this month.

The plan builds on previously expanded testing criteria, and calls for a boost in overall testing capacity to 45,000 daily tests by the end of July, and 75,000 daily tests by the end of December, with the goal of decreasing positivity rate to less than 5%. Lab processing capacity is also planned to expand, enabling preparedness for a potential testing surge in the fall.

Testing expansion for residents and patients in high-risk congregate settings like state hospitals, group homes, and correctional facilities will continue, and the administration will ensure testing for individuals who are symptomatic, close contacts of confirmed COVID-19 cases, and those whose employment places them at a high risk.

The strategy also calls for randomized testing for surveillance purposes to build on the Community Tracing Collaborative’s contact-tracing efforts, and improved testing turnaround time to provide same-day or next-day results.

When implementing the new testing proposed in this plan, communities with low testing availability, hotspots with high positive rates, and high density areas will be the priorities.

The Baker-Polito administration and CVS also announced the expansion of self-swab and send-testing sites at 10 select CVS drive-thru locations throughout the Commonwealth, which will enable on-the-spot COVID-19 testing at no cost, with results available in two to three days.

These sites are located in Bridgewater, Charlton, Carver, Danvers, Northampton, Raynham, Wellesley, Westport, West Springfield, and Worcester. Individuals who meet testing criteria may register in advance at cvs.com to schedule an appointment.

Coronavirus

Opinion

By Thea M. Lee

This week, Democrats in the U.S. House of Representatives released the Heroes Act, which would provide critical relief and recovery measures to the U.S. economy and the people and businesses in it.

One of the most important features of the bill is that it would provide $875 billion in direct state and local aid, as well as targeted fiscal help for education and Medicaid spending for state governments. This is an essential step forward, given that state and local governments will need up to $1 trillion by the end of 2021.

The bill would also provide an extension of the unemployment insurance (UI) provisions in prior relief and recovery packages. This is excellent news from both a humanitarian and economics perspective — particularly the extension of the increased UI benefits of $600 a week, which was one of the most effective parts of the earlier packages. The bill includes many other key provisions, including investments in coronavirus treatment, testing, and contact tracing, which are necessary to reopen our economy.

Inevitably, some policymakers will express concerns over the price tag, which is estimated to be on the order of $3 trillion. This concern is utterly misplaced in this crucial moment. What are scarce in the economy right now are opportunities for workers to earn wages and demand for firms’ output.

Fiscal resources are not scarce — interest rates (our best real-time signal of scarcity of the federal government’s capacity to take on debt) remain historically low. We need to use what we have in abundance — fiscal resources — to relieve the crushing constraints imposed on families by the scarce opportunities to work and earn income. Investments financed by greater public debt will reduce the severity of the economic crisis and will help avoid a prolonged period of high unemployment that would do far more serious and persistent damage to the economy. In short, these investments will have a very high rate of return.

Further, the investments this bill calls for are the absolute minimum required to address the magnitude of the crisis we are facing. The Congressional Budget Office projects that, without additional relief, the unemployment rate will average 16% in the third quarter of this year and 10.1% for the entire calendar year of 2021. Those numbers, which were released two and a half weeks ago, are now looking overly optimistic, given that more than 30 million workers have already filed for unemployment insurance and millions more continue to pour in.

A deep concern in today’s legislation is the lack of ‘automatic’ triggers for the expiration of the bill’s provisions. There is an enormous amount of uncertainty around how the economic impact of the coronavirus will unfold. Assigning arbitrary end dates to provisions to sustain the economy, as the bill does, makes little sense when the process could be handled automatically, by having provisions phase out as the unemployment rate or the employment-to-population ratio are restored to near-pre-virus levels. Using automatic stabilizers would not be any more expensive than the cumulative cost of multiple extensions of the programs in the bill — but it would prevent destructive lapses in critical programs while Congress negotiates extensions, and it would alleviate corrosive uncertainty by giving businesses, states, and households crucial confidence around budgeting and planning.

Thea Lee is the president of the Economic Policy Institute.

COVID-19 Daily News

BOSTON — The Baker-Polito administration filed a supplemental budget bill for FY20 that will authorize $1 billion in spending necessary to cover incurred and expected costs during the COVID-19 public-health crisis. It is expected that this spending will result in no net cost to the Commonwealth, after anticipated federal reimbursement and other federal funding sources.

These expenses include the purchase of personal protective equipment, rate adjustments for providers of congregate care and other essential human services, incentive pay for state employees on the front lines at certain facilities in operation 24 hours a day, costs of temporary field hospitals and shelters, National Guard pay, the first statewide contact-tracing program in the country, emergency child care for essential workers, and increased costs of local housing authorities and the family and individual shelter system.

This authorization will enable the Commonwealth to leverage federal financial support, most notably aid from the Federal Emergency Management Agency (FEMA), which can only reimburse state spending resulting from eligible disaster-response activities. This legislation would ensure that adequate state spending has been authorized to allow the Commonwealth to continue to protect the public unimpeded until the federal reimbursement process can be realized.

COVID-19 costs not supported by FEMA reimbursement will, to the extent possible, be matched to other available federal revenue sources, including the federal Coronavirus Relief Fund established in the federal CARES Act.

The bill would also attribute federal reimbursements to FY20 if they are associated with COVID-19 response costs incurred in FY20, allowing the use of revenue sources without putting the FY20 budget out of balance.

Coronavirus Special Coverage

Climbing Out

It’s not easy for a business to be shut down — seriously curtailing or even eliminating all revenue — for any period of time. But it’s much more frustrating not to know how long that period of time will actually be. That’s where Massachusetts businesses deemed non-essential during the COVID-19 pandemic stand right now — in a limbo of treading water and being as flexible, creative, and patient as they can while they await word on when the state will reopen its economy, and what form that re-emergence will take.

At some point in early March, Ashley Batlle knew what was coming. And she knew what it meant for her health and wellness spa, Beauty Batlles Lounge, that she opened in Chicopee about a year ago.

“This is a personal, physical-contact business. You’re definitely in close proximity with the client, giving them a service that everyone looks forward to — something they’re accustomed to making part of their schedule,” Batlle said. Yet, the rumblings were that, at some point, the rising threat of COVID-19 was going to force businesses to shut their doors. “So we tried to get as many clients in as we could.”

And then, suddenly, those appointments that clients look forward to were cancelled, postponed until — well, nobody knows yet. And that’s the problem for businesses the state deemed non-essential: the unknown.

Toward the end of April, the Baker-Polito administration extended the statewide essential-services emergency order by two weeks, from May 4 to May 18. Businesses and organizations not on the list of essential services can only continue operations through remote means — if at all possible.

For Batlle, well … she can’t offer facials, waxing, microblading, and other treatments remotely. And she was unable to access benefits through the CARES Act and other government relief measures.

“My anxiety level has been very, very high. It hasn’t been fun, not knowing when we’ll begin to open and what kind of measures will be asked of us by the state and city to be able to reopen,” she said, noting that, as a one-woman operation, it will be easy to comply with social-distancing regulations sure to accompany any sort of reopening.

What’s less certain is how customers will respond — to all types of interactions, not just her services.

“I’m going to be able to open up my doors and get everyone in as quick as possible — that’s what I would love to do, but I think it’s going to be a soft situation, where, little by little, we’re getting back to business,” she explained, noting that some people will be leery of close contact at first, especially since the virus doesn’t tend to show symptoms for a while.

Still, most business owners shuttered by the pandemic would love an opportunity to at least try to get back to normal, even if they understand why the governor put the stay-at-home mandate in place.

Rick Sullivan

Rick Sullivan

“We may be seeing the number of cases plateauing, but [development of] a vaccine, or treatment medication, is still in its infancy, so the data still says go slow. I do think some businesses previously deemed non-essential could have protocols put in place to allow partial reopening. However, nobody wants to reopen prematurely and see worse spikes later in the year.”

“While we expected and understand Governor Baker’s decision to extend the stay-at-home advisory, that tough decision underscores the challenging circumstances we find ourselves in as a business community,” said Nancy Creed, president of the Springfield Regional Chamber. “We’re doing a balancing act between wanting to get back to work and getting back to work in a safe manner.”

Many of her members supported the two-week extension; a late-April chamber poll, right before the non-essential closures were extended by two weeks, asked what worried them more: the spread of the virus if restrictions were loosened too soon, or the negative economic impact of not reopening quickly enough. It also asked if Massachusetts was ready for a May 4 reopening.

“Seventy-seven percent responded that the spread of the virus was more worrisome, and an overwhelming number — 91% — responded that Massachusetts was not ready for a May 4 reopening,” Creed said, “clearly revealing that much of the business community is concerned about protecting those most vulnerable and stopping the spread of the disease, and demonstrating the commitment our business community has to the community as a whole.”

Rick Sullivan, president of the Economic Development Council of Western Massachusetts, took a similar outlook.

“I do not think that anyone is surprised that the shutdown has been extended, as the governor has been clear he will follow the data as to when to begin reopening the economy,” Sullivan said. “We may be seeing the number of cases plateauing, but [development of] a vaccine, or treatment medication, is still in its infancy, so the data still says go slow. I do think some businesses previously deemed non-essential could have protocols put in place to allow partial reopening. However, nobody wants to reopen prematurely and see worse spikes later in the year.”

All that may be true, but it’s still difficult — and, for many businesses, exceptionally concerning — to stay closed this long, and possibly longer. Businesses are doing what they can to be creative, in many cases opening doors of commerce they will continue to pursue after the COVID-19 threat passes, or even using the time to support other community members in need (more on that later).

But no one likes the uncertainty of not knowing whether May 18 is the real target for reopening, or just another can to be kicked down the road.

Waiting Game

Paul DiGrigoli would like to reopen, too.

“This has impacted us tremendously,” said the owner of DiGrigoli Salon and DiGrigoli School of Cosmetology in West Springfield. “We haven’t had a chance to reach out to all our clients; some we have. But we just have to wait until Charlie Baker gives us the green light, which hopefully will be May 18.”

He was able to secure a Paycheck Protection Program (PPP) loan, succeeding in the second round of that program’s disbursements after missing on the first round. That will help cover costs like utilities and mortgage interest while keeping his employees paid for eight weeks as well. “We went through Community Bank, and they were phenomenal,” he said.

And he’s getting ready for some anticipated changes when the salon does reopen.

“We bought a lot of hand sanitizer to put at the front desk in the school and the salon, we’ve gotten gloves and masks, and what we’re going to do initially is get the clients’ cell phone numbers and call them from the reception desk to let them know when their appointment is available. And we’ll stick with staying six feet apart, spreading out the stations. Both the stylist and the client will have to wear a mask until further notice. It’s going to be uncomfortable at first.”

As for the school, online training has been effective for theory, but students haven’t been able to practice what they learn.

In general, he told BusinessWest, “we’re really trying our hardest to get back to normal, but we’ve really been handcuffed. There has been frustration and anxiety because we don’t know what to expect.”

Or when to expect it, he added. “We don’t know when it will happen. They’re saying May 18, but who the heck knows? We’re hoping it doesn’t go beyond that, but thank God for the relief funds — that really saved us.”

Claudia Pazmany, executive director of the Amherst Area Chamber of Commerce, polled her members at the end of April and put some of that anxiety into raw numbers. For example, responding businesses are losing an average of $55,837 per month in revenue during the shutdown, and 61% have had to lay off or furlough employees. More than 20% have serious concerns about being able to reopen if the state of emergency extends beyond June 1.

“They’re worried,” she said. “Rent, utilities, and payroll are three areas that continue to be a struggle.”

Amherst is also in an unusual situation, as it’s a small town that loses more than half its population when UMass Amherst and Amherst College aren’t in session. The downtown businesses in particular rely heavily on students — and now there’s talk across the region that colleges might start the fall with distance learning only.

Claudia Pazmany

Claudia Pazmany

“On the flip side, this has stirred a lot of innovation from businesses who have been deemed non-essential or limited; they’ve pivoted or gone online. The creativity and innovation we’ve seen have been really exciting.”

“Initially, there hasn’t been a lot of grumbling, but they’re generally frustrated and just sad. Everything is unknown,” Pazmany told BusinessWest. “They’re fearful — so much is unknown, and delays keep coming. We don’t have a deadline or guidelines; they just keep pushing back the date, and that causes more fear and anxiety.”

Driving Innovation

And also a good deal of invention, driven by necessity.

“On the flip side, this has stirred a lot of innovation from businesses who have been deemed non-essential or limited; they’ve pivoted or gone online,” Pazmany said. “The creativity and innovation we’ve seen have been really exciting.”

Take Zanna, a clothing shop that has been a staple of Amherst’s downtown for decades, but has never had an online store. Until now.

“You have to look at the good in this crisis,” owner Amy Benson said. “In my case, it moved me — encouraged me — to get an online store open. I’ve only owned the store a year, so I didn’t have time to even think about an online store before. Now I did, so I took the time to get it up and going.

“Do I think it’s the wave of Zanna’s future? No, but I think it’s an extension. We’ll probably keep it going once we’re open,” she added, noting that it opens more opportunities. “We’re in a transient community. We see people from all over the country, between the university and Amherst College. We all want things to be the way they were, but we know we’ll have to adapt. Some of these new trends, like my online store, I’m not going to shut that off.”

Benson has been creative in other ways as well, from curbside pickup — with everyone wearing masks — to ‘virtual shopping,’ where she walks a customer around the store using an iPad and FaceTime, showing them tops and bottoms and coordinating outfits.

“We want customers to be engaged, and they want to hear from us because we form those kinds of relationships,” she said. “When we’re FaceTiming, we’re FaceTiming with a friend and shopping with a friend. It’s a really important way to stay connected.

“You have to do something,” she went on. “You can’t just close your doors and do nothing. Our customers are women who have supported us for over 40 years; we’re not going to just shut our doors and not communicate. I do whatever I can to stay engaged with our customers, they’re the lifeline of our business.”

In other words, Zanna has come a long way since last month, when Benson was in “full panic mode” and offering nothing but a gift-certificate promotion. “We’re not bringing in nearly the revenue we would normally, but we’re supporting what we’re able to do right now.”

She’s not alone, Pazmany noted, citing examples like restaurants revamping their online presence with expanded takeout menus to Amherst Books shipping and delivering items to customers, to the Amherst Area Chamber itself, which has been connecting with the business community through marketing seminars.

Doing Some Good

Or taking advantage of an unusual time to do some good in the community.

Dean’s Beans, based in Orange, has seen a surge in web sales as coffee drinkers are brewing more at home due to social distancing and telecommuting. With COVID-19 causing great economic hardship, the company has chosen to share the money from these web sales with the community by helping to fund school food programs — a total of $26,000, in fact, divided among seven Western Mass. school districts.

“Making sure children have access to food throughout this pandemic is crucial, and we are proud to support these essential programs in Springfield, Amherst, and Orange,” said Dean Cycon, founder and CEO of Dean’s Beans. “Part of a company’s profitability is the positivity it generates for others, and we are committed to helping our communities ease the pain of this crisis.”

Amy Benson

Amy Benson

“You have to look at the good in this crisis. In my case, it moved me — encouraged me — to get an online store open. I’ve only owned the store a year, so I didn’t have time to even think about an online store before. Now I did, so I took the time to get it up and going.”

Meanwhile, Batlle has launched the Hero Project, a virtual fundraiser designed to give back to those on the front lines fighting the pandemic. Funds raised will be set aside to provide complimentary self-care services at Beauty Batlles Lounge for healthcare professionals, police officers, firefighters, EMTs, and employees of sheriffs’ departments, once she can open her doors again. Visit beautybatlles.com to donate.

Considering the masks they’re wearing all day long, “they’re going to need facials when this is done,” Batlle joked, before getting serious.

“I reached out to my nurse friends and heard their stories, about the trauma they’re going through. One friend works in the ICU at a COVID unit — she goes into work one day and has four patients, and when it’s time to leave, she only has one. That has to do something to you. How can I give back to them? That’s where the idea for the Hero Project came in.”

It’s a way to pay it forward while anticipating the light at the end of the tunnel, she told BusinessWest. “This isn’t easy on anybody.”

It would be easier with some clarity from Beacon Hill, but that’s not coming right now. Instead, Baker convened a Reopening Advisory Board of public-health officials, representatives from the business community, and municipal leaders from across the Commonwealth. They are charged with advising the administration on strategies to reopen the economy in phases based on health and safety metrics, and are expected to develop a report by May 18.

That’s just the report date. So it’s easy to see why businesses might not suddenly be reopening on that date.

“Personally, every time Governor Baker gives us a date when we’re going to open, I think, ‘hmm, I don’t know if that’s going to happen,’” Benson said. “I’m always thinking, ‘what’s the worst-case scenario? June 1? They keep pushing it back.”

That’s why it bothers Batlle that some proprietors of businesses like hers continue to offer services from their home.

“We should all just be staying stationary; we’re all in the same boat,” she said. “That just puts more stress on business owners who are actually following the rules, and it’s could extend the time we’re going to be out of work.”

Which, for too many business owners and employees across Western Mass., already feels like too long.

Joseph Bednar can be reached at [email protected]

Coronavirus

Analysis

By George O’Brien

As the Commonwealth begins the arduous task of turning its economy back on, the complicated situation conjures images from a scene in the movie Apollo 13.

That movie chronicled what became known as the ‘successful failure’ of that ill-fated flight to the moon almost exactly 50 years ago. Those familiar with the story know that, just over halfway to the moon, an explosion damaged the Odyssey spacecraft’s service module. Long story short, the crew had to abandon the Odyssey for the lunar landing vehicle Aquarius, and subsisted there while those at NASA figured out a way to get the crew home.

To get back to Earth safely, those at NASA had to eventually figure out a way to somehow start up the command module, which had been sitting idle for days, without power, in temperatures far below zero. If you’ve seen the movie, you remember a scene where one of the crew members, frustrated by the slow movement on a firm plan to restart the spacecraft, muttered ‘they don’t know how to do it’ to his colleagues.

At this precarious moment in history, many in the Commonwealth are tempted to say the same thing. Like the Odyssey, the state’s economy has been essentially frozen for several weeks now. Unthawing and restarting it will be a complicated process, and, just as with Apollo 13, there is no shortage of Ph.D.s working on the problem and trying to find a solution.

And, just as with that flight, there is obviously a lot at stake. With Apollo 13, it was three lives. With this pandemic … well, according to a report from the Massachusetts High Technology Council, the jobs of at least 40% of workers making less than $40,000 a year are at risk. Already, nearly 25% of the state’s workers have filed for unemployment benefits over the past six weeks. That’s right — close to one worker in four has sought relief. And the numbers could go higher still.

“It will be different, and it will be different for quite some time. Anyone who still believes a switch can be flipped and we can go back to where we were is sadly mistaken.”

Suffice it to say this will be an extremely complicated process, and those undertaking it have to get it right. If they go too fast or move improperly, a setback will likely prove even more devastating for the state’s economy — an economy that was, as we all know, humming right along.

Indeed, just a few short months ago, the Boston-area economy was absolutely bursting at the seams. Cranes were everywhere, major corporations were moving to the city, and people were looking to high-speed rail as a way to somehow possibly relieve the congestion, sky-high prices, and intolerable commutes that were defining life inside Route 128.

It seems like those public hearings in downtown Springfield on high-speed rail options were years ago, not several weeks ago.

And the same can be said of the employment picture across the state and even here in Western Mass. It was only a few months ago that we were all talking about the skills gap and how companies with vacancies couldn’t fill them. The word ‘ghosting’ became part of the vocabulary, a term used, in some instances, to describe someone who, between the time they were offered a job and was scheduled to start, found something better. Every employer had a ghosting story — or several of them.

Not to carry the Apollo 13 analogy too far (too late), but the state’s economy was absolutely soaring, a rocket ship bound for new heights. And then … the explosion.

Now, the task at hand is to restart the economy and get people back home, to where they were. But that’s where the analogy ends. Home is much different than it was when we left, and there’s no just going back to it.

The return to something approaching normal, or a new normal, will be slow, as in painfully slow, and gradual. It will be to workplaces where people wear masks, work at least six feet apart, and get tested for the virus regularly. It will be to a casino where the slot machines are spaced widely, one might use a long, plastic stick to press buttons on those slots, and where thermal cameras monitor the temperature of patrons. It might well be a phased-in return where those who are older and most vulnerable, as well as those most able to work remotely, return last. It will be to a business community where the vast majority of ventures are simply fighting for their lives.

It will be different, and it will be different for quite some time. Anyone who still believes a switch can be flipped and we can go back to where we were is sadly mistaken. This is made clear by the stubbornly high numbers concerning cases and deaths in Massachusetts, and the fact that, just a few days ago, the governor ordered people to wear masks in public.

The state has to find a way to reopen the economy — it can’t stay closed much longer — and also keep people safe, not overwhelm the healthcare system, and not present a scenario where we take one step forward and two or three back.

Apollo 13 had a happy ending — even if the crew didn’t get to moon. But this isn’t a movie, and we don’t know how it’s going to end.

George O’Brien is the editor of BusinessWest

COVID-19 Daily News

BOSTON — The Baker-Polito administration announced a four-phase approach to reopening the Massachusetts economy during the COVID-19 pandemic, and published mandatory workplace-safety standards that will apply across all sectors and industries once reopening begins.

The goal of the phased reopening, announced on May 11 and based on public-health guidance, is to methodically allow certain businesses, services, and activities to resume, while protecting public health and limiting a resurgence of new COVID-19 cases.

• Phase 1 will be ‘start’: limited industries resume operations with severe restrictions.

• Phase 2 will be ‘cautious’: additional industries resume operations with restrictions and capacity limits.

• Phase 3 will be ‘vigilant’: additional industries resume operations with guidance.

• Phase 4 will be the ‘new normal’: development of a vaccine and/or therapy enables careful resumption of full activity.

Businesses and activities that provided ‘COVID-19 essential services,’ per Gov. Charlie Baker’s March 23 order, will continue to operate. Certain businesses and activities with a lower risk of COVID-19 transmission will open in earlier phases. Decisions and timing will be influenced by public-health metrics for when the first phase of reopening begins, as well as when it is safe to move into concurrent phases. If public health metrics worsen, the state may need to return to an earlier phase.

Additionally, the Department of Public Health (DPH) and the COVID-19 Command Center, in consultation with the Reopening Advisory Board and based on feedback from industry, labor, and community coalitions, has developed Mandatory Workplace Safety Standards to reduce the risk of COVID-19 transmission as employees and customers begin to return to workplaces during the first phase of reopening. These standards are applicable to all sectors and industries that will be open in phase 1, and create new workplace requirements for social distancing, hygiene, staffing and operations, and cleaning. These standards are being released to give workplaces time to plan and prepare for reopening.

For social distancing, all people, including employees, customers, and vendors, should remain at least six feet apart to the greatest extent possible, both inside and outside workplaces. Businesses should establish protocols to ensure employees can practice adequate social distancing, provide signage for safe social distancing, and require face coverings or masks for all employees.

For hygiene, businesses should provide hand-washing capabilities throughout the workplace, ensure frequent hand washing by employees and adequate supplies to do so, and provide regular sanitization of high-touch areas, such as work stations, equipment, screens, doorknobs, and restrooms throughout the worksite.

For staffing and operations, businesses should provide training for employees regarding social-distancing and hygiene protocols. Employees who are displaying COVID-19-like symptoms should not report to work, and a return-to-work plan should be established.

For cleaning and disinfecting, businesses should establish and maintain cleaning protocols specific to the business. When an active employee is diagnosed with COVID-19, cleaning and disinfecting must be performed. Disinfection of all common surfaces must take place at intervals appropriate to that workplace.

The Reopening Advisory Board is scheduled to provide its full report to Baker on Monday, May 18.

COVID-19 Daily News

BOSTON — Saying he wanted to bring Massachusetts in line with what surrounding states were doing, Gov. Charlie Baker allowed golf courses to reopen on May 7, albeit under strict conditions.

“Golf courses are not essential businesses and cannot have employees working on-premise,” the new state guidelines note. “Notwithstanding this restriction, essential services, such as groundskeeping to avoid hazardous conditions and security, provided by employees, contractors, or vendors, are permitted. Private operators of courses may permit individuals access to the property so long as there are no gatherings of any kind, appropriate social distancing of six feet between individuals is strictly followed, and the business operator and golfers abide by the specific guidelines for golf courses. Municipalities may decide to open municipal courses under these guidelines, if they so choose.”

Among the other regulations currently in place:

• All staff must wear face coverings while on property.

• Course facilities including but not limited to the clubhouse, golf shop, restaurant, bag room and locker room must remain closed.

• No caddies or golf carts are allowed. Push carts may be used. Players must either carry their own bag or use a push cart.

• All golfers must maintain proper social distancing of at least six feet at all times, And groups of players are restricted to no more than four players at one time.

• Members-only clubs can allow guests as determined by the security personnel on the golf course. Private clubs that allow non-members to make reservations can do so at their discretion.

• The tee-time policy must be 15 minutes between groups. Golfers must stay in their car until 15 minutes before their tee time and must return to their car immediately following play.

• Online and remote payment options must be utilized.

• All golfers must use their own golf clubs. Sharing golf clubs or rental golf clubs is not allowed.

• Flagsticks must remain in the hole. Hole liners must be raised so picking a ball out of the hole doesn’t occur.

• Bunker rakes must be removed, and ball washers must be removed or covered. The practice putting green, driving range, and chipping areas must stay closed as well.

• Facilities must have readily accessible hand sanitizer.

Coronavirus

Opinion

To date, Gov. Charlie Baker has enjoyed strong amounts of support from the business community and state residents in general when it comes to his handling of the COVID-19 pandemic. Indeed, a recent Boston Globe/Suffolk University/WGBH News poll showed that 84% approve the governor’s handling of the crisis, and 85% back his decision to extend the stay-at-home advisory and closure of non-essential businesses.

But behind those numbers is growing restlessness and, in some cases, defiance. And it’s all justified. Thus far, the governor has erred on the side of caution — some have even taken to calling him ‘Cautious Charlie’ — but people are tiring of caution. They want action. They want a plan. They want the state open for business again.

They see it happening in other states — and soon, they’ll see it right next door in New Hampshire and Rhode Island — and they want to see it here.

Beyond closing the state’s non-essential businesses — while leaving giant retailers like Home Depot open, creating a demoralizing state of haves and have-nots — and ordering people to wear masks, Baker has provided little real leadership on the question of when and how the state’s economy will reopen. And groups like the Greater Boston Chamber of Commerce are starting to demand some answers.

The GBCC and other groups want answers on childcare — those facilities have been ordered closed until the end of July — as well as on public transportation, testing, tracing, and more. They want more than a target date for reopening the economy — they want a plan. The governor’s doesn’t have one yet, and this is a big reason why there is more than a whiff of defiance in the air.

This lack of a plan when most all other states have one is just one example of a lack of real leadership from the Baker administration to date. Here are some others:

• The Soldiers’ Home. This is one of the great tragedies during this pandemic and Baker’s greatest failing thus far. To date, roughly 30% of the 226 residents who were living at the home when the first resident there succumbed to COVID-19 have died. The situation has stabilized, but only because there are many fewer residents. Yes, most of the residents are very old, and nursing homes have been especially susceptible to outbreaks. But a number of lapses enabled the virus to sweep through the Soldiers’ Home like wildfire.

Baker claims not to have known about the outbreak until March 29, by which time several veterans had died, and he further said he was “appalled” by the lack of reporting by the man he appointed to lead the facility, Bennett Walsh — who has no experience running a healthcare facility on his résumé. Meanwhile, Walsh disputes the governor’s accounts, saying he provided daily updates to state officials.

Who’s telling the truth? In some respects, it doesn’t matter. There has been a massive failure of leadership on this matter, and it starts at the very top.

• Golf. To those who don’t play the game, this seems trivial, but golf is a good example of Baker being stubborn and not using basic common sense. There are dozens of businesses that would love to be called ‘essential’ and reopen for business, but for most — restaurants, hair salons, tattoo parlors, and even most retail stores — social distancing is a real issue.

But golf? Most courses boast more than 100 acres, and the busiest of courses might have 100 people on them at given point. That’s one acre per person. It’s easy to social distance, people get exercise (especially if they walk), and at least one small portion of the economy gets to start the process of clawing its way back. New Jersey and even New York are opening golf courses. Massachusetts? Maybe someday. It just doesn’t make any sense.

• His Reopening Advisory Board. The 17-member panel, named last month, is now working “three, four, five hours a day on Zoom calls” with “different verticals” to come up with a plan, the governor said on April 30. The problem is, he should have been saying that weeks before. He knew the day he shut down non-essential businesses in late March that he would need a panel like this to provide needed guidance. He waited a month to put one together, and when he did, he made it far too small and didn’t include representatives from several key sectors, especially tourism and hospitality.

And then, he gave the panel until May 18 to come up with a plan. People doing business in the Commonwealth don’t want a plan on May 18 — they want to start opening on May 18.

We’re still in the early stages of this pandemic, which means Gov. Baker still has plenty of time to show he has what it takes to be a good leader. Right now, he’s getting spotty marks — at least from us — and, overall, a grade of ‘incomplete.’

COVID-19 Daily News

BOSTON — The Baker-Polito administration’s order requiring the use of masks or face coverings in public places goes into effect Wednesday, May 6.

The administration has ordered all residents over age 2 to use a face covering or mask in public places where maintaining proper social-distancing measures to prevent the spread of COVID-19 are not possible. This statewide order supersedes previously issued guidance relative to mask use.

The order applies to all workers and customers of businesses and other organizations that are currently open to the public and permitted to operate as COVID-19 essential businesses, such as grocery stores, pharmacies, and other retail stores. Residents are also required to wear a mask or face covering at all times when using any means of transportation service or public mass transit.

A face covering may include anything that covers the nose and mouth, including a mask, scarf, or bandana. Healthcare masks should not be used and should be preserved for healthcare workers and first responders. Cloth masks should not be worn by young children under age 2, people with difficulty breathing, or those who are unconscious, incapacitated, or otherwise unable to remove the mask without assistance.

Coronavirus

Opinion

As we survey the new landscape created by COVID-19, it’s very difficult to find any positive news.

Indeed, businesses are shuttered, jobs are being lost, the closure order for non-essential businesses has been extended until May 18, question marks dominate talk of restarting the economy, and, overall, fear and uncertainty hang over the region like dark rain clouds.

If there is positive news — beyond the ways that individuals and businesses are rallying to support first responders and frontline workers during this crisis — it is that businesses are using the pandemic as a learning experience. And beyond that, they’re utilizing the pause that many of them are enduring to take a long, hard look at everything they do and how they do it — and essentially question everything.

And when we question everything, we often find some intriguing answers.

There are many reasons why we don’t question everything. Often, we’re busy doing other things, such as running our business day to day. Also, this is a difficult exercise that requires not only time but a deep commitment to peeling layers, getting to the bottom of things, and not being afraid of hearing answers to our questions. But often, the reason why we don’t question everything is because things are going well — or we think they’re going well. And why would we stop and question things when we’re doing well?

The pandemic has changed all that. For starters, most people aren’t doing particularly well at the moment. And some, tragically, aren’t doing anything at all. They are completely shut down because they are not considered essential. Meanwhile, some people have more of that most precious commodity — time — than they’ve ever had.

And some others have been left with no option but to rethink what they do and how they do it, because they simply can’t do it that way in the middle of a pandemic when everyone has been ordered to stay at home.

Add it all up, and most businesses, institutions, and nonprofits are using these times to do the proverbial deep dive.

Restaurants are looking at their menus, their presentation, their staffing, their locations, even their wine lists. Nonprofits are looking at how they raise funds and when. They’re also looking at their missions and how they might be altered, broadened, or even tightened. All businesses are looking at how they communicate, how they meet, how many employees they really need, how many of these employees can actually work better from home, and how many square feet of space they actually need. They’re also looking at whether they need to diversify and develop more revenue streams moving forward.

The word you hear over and over and over again is ‘pivoting.’ Some businesses and nonprofits are already doing it. Others know they have to do it. Still others are asking the questions needed for them to know how to do it.

We call this a positive development, because this is what entrepreneurs and companies need to be doing all the time. The best, most efficient companies in the world are constantly looking at what they do and how they do it in a search for ways to continuously improve.

It took a pandemic, but now most every company is doing it. They’re questioning everything.

At a time when positives are hard to come by, this one stands out.

COVID-19 Daily News

BOSTON — In what will surely be frustrating, if understandable, news to most Massachusetts businesses, the Baker-Polito administration has extended the statewide essential-services emergency order by two weeks.

Gov. Charlie Baker’s emergency order requiring that all businesses and organizations that do not provide “COVID-19 essential services” close their physical workplaces and facilities to workers, customers, and the public will be extended until May 18. Businesses and organizations not on the list of essential services are encouraged to continue operations through remote means that do not require workers, customers, or the public to enter or appear at the brick-and-mortar premises closed by the order. This order also extends the existing ban on gatherings of more than 10 people until May 18.

Local economic leaders told BusinessWest that, while their frustration is real, it’s not targeted at the state, and they understand the delicate balance between public health and economic health.

“While the Springfield Regional Chamber expected and understands Governor Baker’s decision to extend the stay-at-home advisory, that tough decision underscores the challenging circumstances we find ourselves in as a business community,” chamber President Nancy Creed said. “We’re doing a balancing act between wanting to get back to work and getting back to work in a safe manner.”

In a poll of its members last week, she noted, the chamber asked what worried them  more: the spread of the virus if restrictions were loosened too soon, or the negative economic impact of not reopening quick enough. It also asked if Massachusetts was ready for a May 4 reopening.

“Seventy-seven percent responded that the spread of the virus was more worrisome, and an overwhelming number — 91% — responded that Massachusetts was not ready for a May 4 reopening,” Creed said, “clearly revealing that much of the business community is concerned about protecting those most vulnerable and stopping the spread of the disease, and demonstrating the commitment our business community has to the community as a whole.”

Rick Sullivan, president of the Economic Development Council of Western Massachusetts, took a similar outlook.

“I do not think that anyone is surprised that the shutdown has been extended, as the governor has been clear he will follow the data as to when to begin reopening the economy,” Sullivan said. “We may be seeing the number of cases plateauing, but [development of] a vaccine, or treatment medication, is still in its infancy, so the data still says go slow. I do think some businesses previously deemed non-essential could have protocols put in place to allow partial reopening. However, nobody wants to reopen prematurely and see worse spikes later in the year.”

Baker also announced that the Department of Public Health’s (DPH) stay-at-home advisory will remain in effect. Residents are strongly urged to stay home and avoid unnecessary travel and other unnecessary person-to-person contact during this time period. Residents who are considered at high risk when exposed to COVID-19 should limit social interactions with other people as much as possible.

The administration also extended the guidance issued to executive-branch employees on protocol during the COVID-19 outbreak to ensure state government can continue to provide key services while protecting the health and safety of the public and the executive-branch workforce. Under the guidance, all employees performing non-core functions who are able to work remotely should continue to do so until May 18.

Baker also announced the formation of a Reopening Advisory Board, which will be co-chaired by Lt. Gov. Karyn Polito and Housing and Economic Development Secretary Mike Kennealy. The board brings public-health officials together with leaders from the business community and municipal government from across the Commonwealth. This group is charged with advising the administration on strategies to reopen the economy in phases based on health and safety metrics. It will meet with key stakeholders and solicit input from a variety of constituencies over the next three weeks to develop a report by May 18 that will include DPH-approved workplace-safety standards, industry frameworks, and customer protocols and guidelines, including enforcement mechanisms and coordination with municipal leaders. While this report is due on the 18th, the administration has made clear that public-health data and guidance from healthcare experts will dictate the timeline of the reopening process.

The 17-member Reopening Advisory Board is composed of three public-health officials, including Department of Public Health Commissioner Dr. Monica Bharel, three municipal officials, and 11 leaders from the business community, including MassDOT Secretary and CEO Stephanie Pollack. Members of the board bring a range of perspectives to the table, such as an understanding of workplaces and workforces and insights into key areas like financial markets, education, manufacturing, and transportation.

 

Coronavirus Sections Special Coverage

Shaky Ground

Curtis Edgin

Curtis Edgin says the status of jobs often comes down to how far along in the pipeline they are.

Kevin Rothschild-Shea had just gotten off a conference call with employees of his company, Architecture EL in East Longmeadow — one of many he’s undertaken since his team begam working largely remotely.

“We’re doing well. We’ve jumped to working remotely and continue to function,” he said. “We’re maintaining our focus on multi-family and affordable housing, which has been strong, and we’re fortunate to have a number of projects.”

Looking 12 to 24 months out, the outlook is a bit murkier.

“We’re fortunate to have a lot of work in the pipeline, but we’re definitely seeing a reduction in new work and jobs starting out,” he told BusinessWest. “Quite a number of projects have been put on hold given the economic and COVID climate, so we’re seeing new projects hit ‘pause’ to a greater or lesser degree.

“We feel pretty comfortable with the workload right now, but when we look down the road, there are definitely concerns,” Rothschild-Shea went on. “We just want to keep everyone working and employed, keep everyone safe, and keep doing what we do.”

Curtis Edgin, president of Caolo & Bieniek Associates in Chicopee, told a similar story as he keeps in contact with his team remotely as well.

“We’re still busy — it’s not quite as efficient as working side by side and collaborating,” he said, adding quickly that his team has had no problem managing a number of projects currently in the pipeline. After that, though…

“We’re fortunate to have a lot of work in the pipeline, but we’re definitely seeing a reduction in new work and jobs starting out.”

“I think there will be a long-term impact in that people will be afraid — or forced, based on economic reasons, to slow down — until things stabilize and get back to where they need to be,” he said. “Right now, it’s hard to ask taxpayers or a corporation to spend additional money when they’re worried about other things.

“For the near term, we’re going to be busy, then we’ll probably see a slowdown,” Edgin went on. “That’s more of a long-term impact that will eventually correct itself like any other construction cycle.”

That’s the hope, anyway. Meanwhile, as definitive answers about the eventual length of the economic shutdown, and the damage it will cause, are difficult to assess right now, firms continue to plan for an uncertain future.

Moving Forward

Edgin said Caolo & Bieniek has plenty projects in various phases, and how the pandemic affects individual project can vary dramatically between jobs.

“Some projects are able to maintain their schedule,” he noted. “One of our school projects is going on, there’s a lot of site work, so nothing keeps people from working at different ends of the site. At some other projects, interior ones, [COVID-19] is starting to impact the ability to perform the work if people are working side by side. It depends on the project.”

On the municipal side, he explained, everything that needs to be voter-approved going forward — that is, when city and town halls begin ramping back up — may be a harder sell, an any tax increases during these times of sudden unemployment will be met with resistance.

“On the flip side, with the interest rates being so low, now is a wonderful time to continue,” Edgin added. “Many of these municipalities have already secured the approval of taxpayers, selectmen, or whoever makes the decision to actually move forward, and a lot of them getting really great financing rates, getting a lot of mileage out of their dollar.”

On the private commercial side, many companies and developers will wait for the dust to settle. “If they’re already committed, if we’re already moving forward, typically they keep going. If they’re just about to move on a project, maybe they have just a little hesitation.”

Kevin Rothschild-Shea

Kevin Rothschild-Shea says his firm is on solid footing in the short term, but expects work across the industry to slow somewhat after that.

In addition to its usual array of multi-family and affordable-housing projects, Architecture EL has been tackling, among other things, a Holyoke project with Local 104 Plumbers and Pipefitters and a project for Theodores’ in downtown Springfield.

“They’ve had significant slowdowns, as all restaurants have, but continue to look down the road at their overall restaurant needs, and they’re looking to keep that project on track,” Rothschild-Shea said. Meanwhile, he understands that other businesses will respond to the current economic climate by tapping the brakes and preserving cash flow.

The architecture world has responded to the COVID-19 crisis in other ways, too. For example, the American Institute of Architects (AIA) launched a task force to help inform public officials, healthcare-facility owners, and architects on adapting buildings into temporary healthcare facilities.

“On a daily basis, I am hearing from our architects who feel a deep sense of moral duty to support our healthcare providers on the front lines of this pandemic,” AIA President Jane Frederick wrote on the AIA website. “As our communities assess buildings to address growing surge capacity, we hope this task force will be a resource to ensure buildings are appropriately and safely adapted for our doctors and nurses.” 

“I think there will be a long-term impact in that people will be afraid — or forced, based on economic reasons, to slow down — until things stabilize and get back to where they need to be.”

The task force has developed a model of ‘rapid-response safety space asssessment’ for AIA members that will include considerations for the suitability of buildings, spaces, and other sites for patient care.

“This is a race against time for healthcare facilities to meet bed surge-capacity needs,” Kirsten Waltz, president of the AIA Academy of Architecture for Health and director of Facilities, Planning, and Design for Baystate Health, also noted on the website. “This task force will help inform best practices for quickly assessing building inventory and identifying locations that are most appropriate to be adapted for this crisis.”

Waiting Game

Meanwhile, life goes on for local firms like Architecture EL, even if the team can’t see each other face to face.

“We see a little loss of efficiency in terms of communicating, trying to connect with the team, but we’re doing well on that front,” Rothschild-Shea said, adding that he conducts at least three project-management conference calls a week. “I’m looking forward to the camaraderie of working together.”

He believes companies, in architecture and elsewhere, will take lessons from these many weeks of remote work, many of them positive, if only an understanding the capabilities technology-supported teams have to do things more efficiently.

“It’s a whole different way of working,” he added. “We’re already looking down the road at the so-called recovery and how we will reintegrate and get back to work. But we expect there will be some changes for the better. We’re trying to look at the positives.”

Edgin said Caolo & Bieniek, like other firms, is able to keep employees busy in the short team because of the long arc of many projects, but no one can really predict the impact of a sustained economic shutdown.

“It’s different here than in retail, where you need to have someone coming through the door purchasing something to pay the sales clerk,” he noted. “We’ve got things in the works in the near term. As for the more intermediate term and the future … we’ll see.”

Joseph Bednar can be reached at [email protected]

Coronavirus

Opinion

By George O’Brien

May 4.

Who would ever have known that so much importance would be attached to such a random date on the calendar?

But here we are in late April wishing that May 4 would come. It’s sort of like Christmas or your birthday when you were 5 years old. You couldn’t wait for it to get here, and you inevitably started counting down the weeks and then the days, wishing it would get here faster.

But this is much, much different.

May 4 is the slated end of Gov. Charlie Baker’s already-extended stay-at-home order, imposed to flatten the curve and slow the spread of the COVID-19 pandemic. Not that anyone uses an actual calendar anymore, but people have had that date circled for weeks now. That was the date that maybe, just maybe, things could start returning to normal.

People are still hoping that, but overall, there isn’t much hope May 4 will be that day. Massachusetts is still a hotspot for the virus, and the governor says the Bay State is still very much still in the ‘surge.’ Any day now, it’s likely he will announce the stay-at-home order has been extended. It might be a few weeks, it might be until June 1, it might be all the way to the end of the school year — not that school schedules should matter much. After all, the state’s economy does function in the summer, when children are out of school for 10 weeks.

No one knows, but what we do know is that soon there will likely be a new date to circle on the calendar, and a new date for wondering if that is when things will start getting back to normal.

This is no way for a state, for an economy, to function. But that’s the new reality.

Some states have decided they just don’t want to wait any longer. Their dates have already arrived. Time will tell if the proper decisions have been made.

Here, it’s almost certain that we’re going to wait a while longer. And with the waiting comes more anxiety, more questions, more uncertainty about how and when we’re going to turn the economy back on in the Bay State.

It would be easy — and also very tempting — to say, as many others have, that the cure can’t be worse than the disease, and that we need to get on with our lives and get on with the economy. But we can’t really turn the economy back on until people feel safe enough to go to a casino or a hair salon or a restaurant or even the emergency room. And right now, far too many people just don’t feel safe enough to do any of those things.

So, in that respect, these arbitrary dates don’t really have much meaning. It will be the consuming public that will ultimately decide when the economy gets turned back on, not a governor. And at the moment, we can’t exactly set a time for that.

Still, we’ve all looked at that momentarily magical date of May 4 with hope and anticipation — again like a 5-year-old during mid-December, wishing for that day to arrive and thinking time is moving much too slowly. April has been the longest month any of us can remember, and May 4 might be the date when we can start to put all this behind us.

But it seems almost certain that we’ll have a new magical date —  and the hope, and the anticipation, will begin anew.

It’s not like anything any of us have been through before, but, then again, that’s what this pandemic has been all about.

George O’Brien is the editor of BusinessWest.

Coronavirus Cover Story

Hard Lessons

Vacant Elms College Campus

‘Extraordinary.’ That’s how one area college president described the massive shift to online learning that colleges and universities nationwide were forced to undertake back in March. And he’s right. But these are extraordinary times — and beyond the questions about when students can safety return to campus, and concerns about declining enrollment and revenues going forward, are a series of equally extraordinary conversations about what higher education might look like on the other side of the COVID-19 crisis, and why.

Back in March, when colleges and universities everywhere began sending students home, the obvious question was, ‘when will they come back?’

That’s still the question — or, more accurately, one of many, many pressing questions.

Here’s another one: when students do eventually come back, how many will not? At a time when enrollment is already declining nationally, mainly due to smaller high-school graduating classes, some trade groups, like the American Council on Education, are predicting a national enrollment drop of 15% this fall, higher for international students.

“On one hand, it could be anxiety about students returning to the campus environment or students wanting to take a pause and see how things are going,” said Harry Dumay president of Elms College. “Then, their financial circumstances might make it difficult for them — although, with the stimulus funds, we are working with families to help them with those concerns.”

Dumay said Elms leaders are preparing for all contingencies when it comes to how and where summer and fall classes will be delivered, though it seems likely that at least the initial summer sessions, starting in May, will have to be remote.

“Every one of us is looking at potential loss in revenue. Obviously, if the parents lost jobs, or if students lost jobs, will they be able to afford to go back?”

“What’s less certain is what will happen in the fall. A number of factors go into making this decision, beginning, of course, with when it’s safe for our students, safe for our employees and faculty, and safe for the general public,” he noted, adding that Elms leadership constantly tracks the guidelines it receives from the Massachusetts Department of Public Health and the Centers for Disease Control and Prevention, and will not reopen the campus if doing so would provide an opportunity for the pandemic to spike, even if the curve is starting to flatten now.

Working in Elms’ favor, he noted, is the fact that it draws mainly from the Greater Springfield region, and in this current environment, graduating high-school seniors, whether in 2020 or 2021, and their families might prefer to choose a college closer to home.

“Those are discussions seniors and their parents are making around the kitchen table,” Dumay said. “We are certainly working with all of those students who have been admitted to Elms, trying to answer their questions so they can continue to pursue their dreams in a safe manner, and guide them in making those critical decisions in this critical time.”

From its perspective, Elms — and all colleges, for that matter — is making contingency plans of its own if enrollment does come in lower than the target.

“We’ll have a plan-A budget, a plan-B budget, and a plan-C budget. But Elms is on solid financial footing. We’re not wealthy — we don’t have a large endowment — but the institution is financially healthy, and we can withstand some shock in enrollment.”

Carol Leary, who is stepping down in June after 25 years as president of Bay Path University, certainly didn’t expect to spend her final weeks communicating with her staff remotely.

“Every one of us is looking at potential loss in revenue,” Leary said of … well, virtually all colleges and universities. “Obviously, if the parents lost jobs, or if students lost jobs, will they be able to afford to go back?”

With that in mind, she said, “everyone is doing their business-continuity planning and deciding what to do if there’s a decrease in enrollment for the fall. It’s on the table for most institutions, and certainly, at Bay Path, we’re talking about it. But we’re very well-placed in some ways; we usually use 4% or less of our endowment on operating costs. Obviously, when enrollment goes down, it will hit schools harder that rely more heavily on their endowment for the operating budget. I’m not sure that’s going to be an issue here.”

That said, Bay Path may freeze hiring and not fill open positions that aren’t absolutely essential, Leary said, while curtailing travel in the short term as well. “Every institution is looking at how the budget is crafted and may have to make some tough decisions — maybe even some furloughs and layoffs in the future.”

At the same time, she added, most institutions will have to start looking at themselves through a different lens — a topic she recently wrote about in an article marking 25 years in the president’s chair. Specifically, how can higher education, with its ever-spiraling costs, better reach and serve the majority of Americans, including those in lower income strata?

“I think the model and the cost are definitely areas that will change in the future, and the COVID crisis has forced all of us to look internally at how to begin to address those two issues,” she said.

With that, she raised perhaps the most intriguing question of all — how will higher education look when it emerges on the other side of the pandemic, and students do return to campus? Because most in this critical industry — and all four area presidents BusinessWest spoke with for this story — don’t believe it’s going to be status quo.

Digital Dilemma

Before considering those questions, John Cook took a moment to appreciate what a momentous challenge it has been for an entire nation’s higher-education system to go online with very little preparation.

John Cook says STCC is modeling fall enrollment

John Cook says STCC is modeling fall enrollment forecasts and developing budget options that consider all contingencies.

“It’s been extraordinary for higher education, and certainly at STCC, to make such a comprehensive change,” said Cook, president of Springfield Technical Community College. He explained that the college, like most others in Western Mass., was fortunate to be able to leverage spring break to transition to distance learning.

Christina Royal, president of Holyoke Community College (HCC), said it was a challenge to help 4,500 students, many of whom had never experienced online learning, to become familiar with all the technology, software, and scheduling. At the same time, many students were losing their jobs — for example, in restaurants and hospitality — and exacerbating issues of food and housing insecurity among lower-income students.

“That creates a lot of extra stress with students — ‘I’m losing my job and trying to figure out how to take classes online.’ We’ve had to spend a lot of time helping students through that,” she said, adding that HCC has hooked students up with Chromebooks and other equipment as needed. “I’ve done several town-hall meetings with faculty and staff, and meetings with students, to answer their questions and validate their feelings and acknowledge the uncertainty they’re feeling.”

Dumay was similarly thankful for the spring-break cushion that gave professors extra time to adapt their courses to the online environment.

“That creates a lot of extra stress with students — ‘I’m losing my job and trying to figure out how to take classes online.’ We’ve had to spend a lot of time helping students through that.”

“The faculty were amazing, and they turned it around,” he said. “The courses are being delivered in different ways — some are using live Zoom sessions, some are using asynchronous Zoom sessions, and some used narrated PowerPoint delivery that students can access on their own time.”

Elms recently reached out to all students to poll them on how classes were going, and 30% responded, Dumay said. Of those, the vast majority said they had what they needed to continue their learning online, while about 2.5% reported difficulty with Internet access. In response, Elms is keeping its library open for that reason — with social-distancing measures in place, of course.

“More than 86% feel confident being successful in the online environment; some students said this is a lot more work,” Dumay said, conceding that in-person learning is preferable in most cases, and for myriad reasons. “Elms is a lot more than being academically successful. Part of the value proposition for Elms College is its small, very intimate environment that emphasizes growth of the whole person — the spiritual component, the psychosocial component.”

Trying to replicate that online is difficult, Dumay said, but the college is doing what it can to build an online community where students can connect with each other and access the campus resources they need.

Perhaps no institution in the region was more prepared for the online transition than Bay Path, which has been offering its graduate programs almost entirely online since 2006, and its undergraduate American Women’s College is totally online as well. Leary feels like that’s a path forward to help all students afford an education.

“There will always be people who can afford institutions like Harvard and Princeton and Yale, but the majority of Americans can’t afford that type of education,” she said. “That’s why we’ve created a very low-cost model in the American Women’s College, putting together a well-crafted curriculum and a model that supports students, so very few will fall through the cracks.”

For now, she added, the percentage of classes that will continue online is up in the air.

“Most of us are thinking that summer school will be online, and then then we start looking at the fall. Even if social distancing is lifted, we don’t know what the impact on the college will be — on the residence halls, the classrooms, the dining rooms. As we look to the fall, we’ll be prepared to open, and we’ll also be prepared to go online. We have to be nimble.”

Profit and Loss

Leaders of the 15 community colleges in Massachusetts have kept in touch about when they might open campuses up, and even then, under what kind of social-distancing parameters, Royal said. As for summer programs, HCC’s first session has already been moved fully online, but because a handful of second-session classes will be more difficult to deliver remotely, that decision is in limbo — not to mention what will happen in the fall.

Christina Royal says many students are dealing

Christina Royal says many students are dealing with not just a shift to online classes, but job loss and food and housing insecurity.

“It’s hard to say definitively what the situation will be in September or October,” she told BusinessWest. “What I’m trying to do is position us so that, whatever the situation, we can pivot on very short notice, and respond even faster than we did this time around, because all the parameters are in place to do so.”

Cook said STCC is currently modeling enrollment projections and working with trustees on a budget that takes into consideration a possible enrollment hit. He noted, however, that community colleges in Massachusetts tend to do well during economic downturns.

Royal noted that trend as well. “We run counter-cyclical to the economy. When the economy starts to go down, people start thinking, ‘what do I need to retool myself, and how can I prepare for a career change?’ — and our enrollment goes up.”

She noted the trend becomes noticeable about 12 months after a recession begins, and, indeed, 2010 — the height of the Great Recession, which began in late 2008 — was HCC’s most recent enrollment peak; as the economy has improved, enrollment has steadily declined.

The question, both she and Cook said, is whether the same rules apply in the current environment, which is not a slow-building recession, but a full-stop economic shutdown that could, in turn, lead to an extended economic lull.

“When you think of recessions we’ve had in the past, we built toward them, but this is so sudden, with high numbers of people filing for unemployment,” Royal said. “It’s very unexpected, and we’re not sure how it’s going to play out.”

One wild card in the mix is what she called the “emotional recovery” from what’s happening now. “People have been jarred to their core; they’re concerned about their own safety and concerned about engaging in the world.”

That said, HCC was already planning for a 5% enrollment reduction this fall — largely due to demographic trends — but is now thinking in terms of 10%. “We have to plan for that contingency, and we have to deliver a balanced budget to the trustees. So that’s what we’re looking at.”

“When you think of recessions we’ve had in the past, we built toward them, but this is so sudden, with high numbers of people filing for unemployment. It’s very unexpected, and we’re not sure how it’s going to play out.”

If enrollment does decline by 15% nationally, that represents a $23 billion revenue loss for colleges — money that will be only partly offset by government relief funds. For example, more than 80 colleges and universities in Massachusetts will collectively receive more than $270 million as part of a federal relief package intended to help schools and students during the pandemic. UMass Amherst tops that list with an estimated $18.3 million in aid. Nationally, the Higher Education Relief Fund allocated $12.5 billion to 5,125 colleges and universities.

Collectively, the 15 community colleges in Massachusetts will receive $48.8 million in aid — certainly a help, but not enough to ease enrollment concerns going forward. Cook agreed with Royal that community colleges shouldn’t assume the sort of enrollment bump they usually see during recessions, even though they offer a more affordable model than private, residential colleges.

“This isn’t like any economic downturn the nation has ever experienced in the past, even the Great Recession,” he said. “Because of the public-health impact on people’s lives, it’s hard to assume enrollment will be up in the near future. People are dealing with so much else in their lives, they’re not able to turn their attention to education and workforce development.”

Future Shock

If there’s a positive lesson from the pandemic to bring into the future, Royal said, it’s the massive potential of technology to streamline education and make it more affordable and accessible.

“What’s happening now isn’t online learning; it’s emergency remote learning. I don’t want people to think that someone having to pivot and put together course materials with one or two weeks notice to deliver for the second half of the semester is the bar of online learning,” said Royal, who has a Ph.D. in instructional design and spent years heading up distance learning for a large community college in Ohio.

“I think of the potential for more innovative learning designs, highly interactive simulation labs augmented in virtual reality — those are more sophisticated than what we see in online courses now,” she added. “I believe the promise of online learning will be realized someday, but that’s going to require more inclusion and investment and professional development to really expose our educators to the possibilities.”

Some good can come out of every crisis, Leary said, citing in particular the rise of telemedicine, which will likely get a permanent boost from the COVID-19 crisis, as well as companies learning the value of remote work, lower emissions generating cleaner air in cities right now, and, yes, a greater focus on how to not only teach students remotely, but do it better.

Another takeaway, Royal said, might be a new focus on process improvement that extends well beyond remote learning. “If something takes six steps but we’ve learned how to do it in three, why are we going back to six? So, when we open our doors again, we’ll be looking at how we can streamline processes — and how to offer more virtual services in general.”

She’s not speaking about classes here; rather, it’s the routine business of paying bills, getting forms signed, and other administrative functions. “They might want to do that remotely, at 8 in the evening, at their computer, while they’re thinking about it. So, I see a lot of room for process improvement and streamlining student services overall.”

STCC is also learning it can offer value through streamlining its admissions, enrollment, and financial-aid operations online, “to make it more seamless for our students to work through the experience of getting into college and staying with the college,” Cook said — even while continuing to promote the face-to-face value of its campus advising center.

Meanwhile, through the online transition, “we’ve learned that we can move pretty quickly,” Cook said. “Sometimes higher education gets painted as slow to respond, slow to adapt, but we’ve demonstrated that we can move quickly and with a degree of grace when we need to.”

Dumay said lessons learned from the COVID-19 shutdown might change college life in America in ways both good and bad. On the positive side, while online learning can’t replicate the important interpersonal development built by campus life, going online has demonstrated there is a bigger place than college leaders might have imagined for remote programs.

“This will alleviate a lot of the fears people have about the efficacy of online learning. They’ll realize they can do it where it works, so we can have a lot more learning in the online environment,” he said. “But that doesn’t mean education will move completely online. The residential experience is a rite of passage for the growth of a lot of American youth. It would be a loss if we didn’t return to that at some point in the future.”

More worrisome, Dumay said, is the potential this crisis has to shut down many schools completely.

“It may be that some don’t make it and close their doors,” he said, noting that the most vulnerable colleges include many that serve lower-income, first-generation students, often students of color. “If higher education became less accessible, that would be an unfortunate casualty of this pandemic.”

Grade: Incomplete

The presidents who spoke with BusinessWest had a lot to say — much, much more than could fit in this story — but, while their comments were insightful, they were in many cases less than definitive. After all, it’s hard to speak definitively about a pandemic — and an economic shutdown — that offer no sure timeline.

“Within our student body and our employees, people are really hoping for clarity — that’s the element in short supply right now,” Cook said. “As we continue to work with these health guidelines, as we flatten the curve and pay attention to social distancing, when and how will that allow us to get back to some version of where our value lies — leveraging on-campus resources like labs and simulation?

“No one knows when we’ll get back to leveraging those resources,” he added, “but there’s still a lot of hope around that — and worry, because those are incredible resources for our students.”

In short, it’s impossible to deliver all the value a college offers over a computer screen, from miles away. In the meantime, everyone is learning valuable lessons — which is, after all, the point of higher education.

Joseph Bednar can be reached at [email protected]