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Opinion
An Opportunity for the EDC

Allan Blair, the long-time director of the Economic Development Council (EDC) of Western Mass., announced at a recent council board meeting that he will be retiring at the end of this year. Almost within minutes after that announcement, the board announced the appointment of a search committee to anoint Blair’s successor.
The juxtaposition of those events clearly indicates that Blair’s decision to step down wasn’t news to anyone, and it also makes it evident that the board had already made up its mind up to carry on in the same fashion that it has for the past 17 years.
We suggest that the board slow things down a bit, or more than a bit, take full advantage of the one year’s notice Blair gave (under different circumstances, this would be a little excessive), and decide first if this model is really working before simply starting to pore over résumés.
A thorough examination might well conclude that the current system — which has the EDC serving as an umbrella organization for a host of agencies, ranging from the Affiliated Chambers to Westmass; from the Regional Employment Board to the Convention and Visitors Bureau — is a model that works. But then again, it may also decide, as many have suggested, that the current system adds bureaucracy to the process of economic development, not real value.
And while examining its model, the EDC’s board should also address the agency’s purpose, and determine whether its mission has been properly, and specifically, defined — and communicated.
We say this because many business owners and managers — including some who sit on the EDC’s board — are not at all sure what this agency and its leaders do and how it is to be held accountable for what’s done, or not done, as the case may be.
And as the board uses the year Blair gave it to consider all these things, we would suggest they use the occasion of his departure to infuse some new blood, and some new energy, into the organization.
Blair has notched some notable accomplishments in his lengthy tenure — mostly in the realm of industrial-park development and creating what is known as the Hartford-Springfield Economic Partnership — but this agency needs a shakeup and a fresh commitment to the many tenets of economic development.
For this reason, we suggest the search committee look outside the block of offices in the TD Bank Building to find a successor. While hiring from within — and, in this case, that’s a broad term — is often a prudent tack, in this instance we believe the EDC needs some new perspective and new sense of purpose, and it won’t get either unless it brings in dynamic new leadership.
Two names come immediately to mind. First is Richard Sullivan, the former mayor of Westfield and current secretary of the state’s Executive Office of Energy and Environmental Affairs. He knows this region, has a proven track record for getting things done, and knows how to work with people to set and meet or exceed goals.
Another is Greg Bialecki, currently state Secretary of Housing and Economic Development. While not from Western Mass., he has worked closely with Gov. Deval Patrick to help Springfield recover from the fiscal woes of a decade ago and recent weather calamities, especially the tornado of 2011. He understands the plight of the state’s Gateway Cities, and would bring some energy — not to mention state connections — to the process of revitalizing those in this region — Springfield, Holyoke, Westfield, and others.
It may be difficult to recruit either one because they will likely have a number of job opportunities when (and if) their tenure with the state ends soon. But they are examples of how this region needs to think big — and hire big — when it comes to filling this important position.
As we said, this is an opportunity for this area, and it should take full advantage of it.

Law Sections
ADA-related Claims May Rise Due to New Psychiatric Disorders

Kimberly Klimczuk, ESQ.

Kimberly Klimczuk, ESQ.

In the U.S., the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM) is the primary authority for the diagnosis and treatment of psychiatric disorders. It is updated periodically to conform to new developments in the field of psychiatry. The most recent edition of the manual, DSM-5, includes several changes that may impact employers’ obligations under the Americans with Disabilities Act (ADA) and similar state laws prohibiting discrimination against — and requiring accommodations for — individuals with disabilities.
These changes include the addition of entirely new diagnostic categories as well as changes in the application of existing diagnostic categories.
What this means is that a broader range of behaviors are now officially considered disorders by the American Psychiatric Assoc., and therefore such behaviors have the potential to be considered ‘disabilities’ as that term is defined under the ADA (a physical or mental impairment that substantially limits one or more major life activities).
Some of the new diagnoses recognized in the DSM-5 include hoarding disorder, excoriation (skin-picking) disorder, gender dysphoria, gambling disorder, tobacco use disorder, mild neurocognitive disorder, premenstrual dysphoric disorder, and social communication disorder.  In addition, there are changes, such as the removal of the ‘bereavement exception’ from depressive disorders, that could have implications for employers. Previously, individuals who experienced short-term depressive symptoms due to the death of a loved one would be excluded from a diagnosis of clinical depression. The DSM-5, however, characterizes bereavement as a severe psychological stressor that can incite a major depressive episode.
With this expansion of psychiatric diagnoses, employers can expect to see an uptick in requests for accommodation due to these sorts of conditions. The Americans with Disabilities Act requires employers to provide reasonable accommodations to individuals who are able to perform the essential functions of their job with or without an accommodation. So, for example, employees experiencing the loss of a loved one may request time off in excess of what’s allowed under the employer’s bereavement policy. Depending on the individual employee’s circumstances, an employer may now be required to provide such leave.
Employees with mild neurocognitive disorder, which is characterized as “a level of cognitive decline that requires compensatory strategies and accommodations to help maintain independence and perform activities of daily living,” may exhibit forgetfulness, difficulty performing job duties, or difficulty learning new skills. What many employers previously would consider grounds for disciplinary action or termination, now may form the basis of a request for accommodation.
Of course, there is a limit on employers’ obligations to provide accommodations — employers are not required to alter or remove essential job functions, nor do they have to provide an accommodation if the employer can show that the accommodation would cause “significant difficulty or expense.” However, employers should be aware of the expanded categories of psychiatric disorders, which may require them to consider accommodations that it previously would not have.
In addition to the increase in accommodation requests, the recent changes to the DSM may also lead to an increase in claims for disability discrimination. In order to successfully claim disability discrimination, an employer must show that he or she is disabled. As more and more behaviors are classified as psychiatric disorders, more employees will fall into the protected class of disabled individuals.
An individual who is disciplined for rude or inappropriate behavior may claim discrimination on the basis of his social-communication disorder, a symptom of which is “problems with inappropriate responses in conversation.” Although employers are not required to overlook inappropriate behavior that is caused by a disability, employers may be faced with increasing requests for accommodation that will assist employees in controlling inappropriate behavior caused by a disability.
Only time will tell what the precise impact of the DSM-5 will be on workplace-accommodation requests and claims for disability discrimination. In the meantime, employers should be aware of the potential issues. When in doubt, employers should consult with labor and employment counsel when faced with requests for reasonable accommodation.

Kimberly Klimczuk is a partner at the management-side labor and employment firm Skoler, Abbott & Presser, P.C.; (413) 737-4753; [email protected]

Law Sections
Employers Should Update Policies on Office Dating, Sexual Harrassment

By ANNIE E. LAJOIE, Esq. and TANZANIA C. CANNON-ECKERLE, Esq.

Annie Lajoie

Annie Lajoie

Tanzania C. Cannon-Eckerle, Esq.

Tanzania C. Cannon-Eckerle, Esq.

Jill arrives at work on Valentine’s Day to find a box of chocolates, a teddy bear, and a card on her desk. Smiling, she reaches for the card. Her smile fades as she identifies her admirer.
Valentine’s Day is a reminder of a common challenge many employers face: the office romance. According to a 2013 survey, more than 50% of the workforce has participated in an office romance on at least one occasion. Even though these relationships appear to be somewhat common in the workplace, they can still be problematic.
Often these workplace relationships can make some employees uncomfortable, can create the perception of favoritism for certain employees over other employees, and in extreme cases can create a hostile work environment. Then there are the ramifications of a workplace relationship and breakup — like a possible multiple-plaintiff sexual-harassment claim.
For example, let’s say Jack and Jill are constantly visiting each other. Sandra, whose desk is next to Jill’s, thinks the two are spending too much time flirting and consequently not getting enough work done. Sandra also feels constantly distracted and very uncomfortable due to their inappropriate conversations, including the sexually explicit comments from Jack regarding Jill’s body, all of which Jill is obviously enjoying. That was until Jack and Jill broke up.
Jill moves on, but Jack is intent on getting her back. He has continued to engage in the once-welcomed conduct, but now, according to Jill, it is unwelcome. Jack constantly stops by Jill’s desk and makes frequent sexual comments about her body. He sends her flirty messages and pictures of himself on the company’s e-mail. Jill asked him to stop, but he refuses because he knows their love is still strong, which frightens both Jill and Sandra. Making things worse, Jill has started to date another co-worker, Bob.
Jack and Bob used to work well together, but ever since Jack found out that Jill is dating Bob, Jack has been openly hostile to Bob. Sandra, all the while, has had to endure the whole of the conflict.
In this example, there are multiple labor and employment issues. Though the Jack and Jill relationship and breakup might be considered a foreseeable debacle, Sandra’s impending hostile-work-environment claim based on sexual harassment and workplace violence may not be so predictable. The major question is, how does an employer continue to be open to the activities of such a festive occasion as Valentine’s Day, but also protect its employees from being uncomfortable and its own interest in remaining free of litigation?
The answer: it depends. But prevention is key. An employer has an obligation to ensure that its workplace is free of sexual harassment. An employer’s best defense against sexual-harassment claims is implementing a comprehensive sexual-harassment policy, which has a procedure for reporting harassment, sexual-harassment training for all employees, and regular supervisor trainings.
Next, because Valentine’s Day is the perfect storm for misunderstandings, it would be best if an employer has relevant rules and policies in place that govern holiday activities in the workplace and other acceptable and unacceptable behavior. Employers should already have the necessary policies and procedures in the employee handbook.
A prudent employer may just want to send a gentle reminder to the workforce stating that, when employees choose to recognize Valentine’s day, they should keep in mind that all of the employer’s policies and procedures, as found in the employee handbook, still apply. Then the employer must enforce it.
An employer may also want to implement an office romance policy, in addition to its sexual harassment policy. This may seem like overkill, but employers can never be too safe. What some employees find to be fun and flirty comments, cards, e-mails, text messages, or jokes, other employees may consider offensive and inappropriate. As co-workers increasingly communicate via social-media sites, there are even more opportunities for problems. The employer’s social-media policies should also refer to the sexual-harassment policies and the office-romance policy, if one exists.
Valentine’s Day is associated with love and romance; therefore, an innocent gift or card can easily be misinterpreted. This issue is compounded by the fact that employees may choose adult themes for their Valentine’s Day cards. The outside of Jill’s card might say, “On Valentine’s Day, remember…” As Jill opens her card, she sees it is from a co-worker, Cal, who regularly asks her to go out on a date with him, and the inside of the card says, “… candy is dandy, but sex won’t rot your teeth! So what do you say?”
Matters are further complicated when such a card is given to a subordinate by a supervisor. While gifts between co-workers are troublesome, gifts between supervisors and employees are even more problematic. For instance, if Cal is Jill’s supervisor, Jill may feel pressure to date Cal so her work will not be negatively affected. Other employees may also feel that Jill is getting preferential treatment.
Even if the Valentine’s card contains a more innocent message, and Cal thinks it simply shows how much he appreciates and values Jill’s work, Jill might interpret it as his way of saying he wants to be involved with her romantically.
With Valentine’s Day fast approaching employers would be wise to shield themselves against Cupid’s arrow by reviewing their office-romance policy and their sexual-harassment policy with their employees.

Annie E. Lajoie, Esq. specializes exclusively in management-side labor and employment law at Royal LLP, a woman-owned, SOMWBA-certified, boutique, management-side labor and employment law firm; (413) 586-2288; [email protected].
Tanzania C. Cannon-Eckerle, Esq. specializes exclusively in management-side labor and employment law at Royal LLP; (413) 586-2288; [email protected]

Court Dockets Departments

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

CHICOPEE DISTRICT COURT
Harold J. King Jr. v. Community Healthcare Inc. and Cynthia Wiere
Allegation: Violation of confidentiality and discrimination: $5,000
Filed: 12/30/13

GREENFIELD DISTRICT COURT
Stephanie Dudos v. Riteway, LLC
Allegation: Negligence in operation of a transit bus, causing damage to the plaintiff’s parked vehicle and personal injury: $24,999
Filed: 11/25/13

Thomas Drilling & Blasting v. Colrain Sand & Gravel Inc. and Orrin W. Isles
Allegation: Breach of contract for blasting and drilling services rendered: $22,605
Filed: 12/30/13

HAMPDEN SUPERIOR COURT
Deborah Conners v. Pride Convenience Inc. and Robert Bolduc
Allegation: Employment discrimination: $30,000
Filed: 12/2/13

F & C, LLC v. Praise & Glory Church of God in Christ Inc.
Allegation: Defendant converted plaintiff’s personal property to its own use and breached covenant of good faith and fair dealing: $150,000
Filed: 10/1/13

John E. Smith v. Edwin Skowyra, Cumberland Farms Inc., and V.S.H. Realty Inc.
Allegation: Breach of duty of care to eliminate dangerous conditions when plaintiff was struck by a vehicle that hit the Cumberland Farms store: $170,000
Filed: 11/29/13

TD Bank v. Mobile Uniforms, LLC, Douglas H. Genaske, and Kathleen M. Genaske
Allegation: Breach of promissory notes: $35,104.54
Filed: 12/2/13

HAMPSHIRE SUPERIOR COURT
Sheila Lagrenade v. Lincoln Financial Group
Allegation: Denial of benefits and unfair and deceptive trade practices: $30,000
Filed: 11/13/13

PALMER DISTRICT COURT
The Endorphin Group Inc. v. Edward L. Walulak d/b/a Ski Haus
Allegation: Non-payment of goods sold and delivered: $3,411.11
Filed: 1/2/14

SPRINGFIELD DISTRICT COURT
Affordable Shoes, LTD v. Express Kitchens Holdings, LLC
Allegation: Violation of lease agreement: $56,925.45
Filed: 12/20/13

Beacon Sales Co. v. Steven Dimeo d/b/a Classical Details
Allegation: Non-payment of goods sold and delivered: $11,926.53
Filed: 12/17/13

Reindeer Logistics Inc. v. Vitaliy’s Auto Sales Inc. d/b/a Vitaliy’s Auto Transportation
Allegation: Defendant breached contract to transport vehicle: $2,719.36
Filed: 12/18/13

Court Dockets Departments

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

CHICOPEE DISTRICT COURT
Stephen Pinero v. 17 Sumner Avenue Associates Inc.
Allegation: Negligence in property maintenance causing injury: $2,335
Filed: 12/27/13

GREENFIELD DISTRICT COURT
Denis Menard v. Rick Ward d/b/a Quality Builders
Allegation: Breach of contract for failure to construct a roof in a good and workmanlike manner: $20,630
Filed: 11/12/13

Weslee Secard v. GE Capital Retail Bank
Allegation: Negligence in opening fraudulent charge account: $8,321.57
Filed: 11/20/13

HAMPDEN SUPERIOR COURT
Clinton v. Carroll v. PAB Management Co., LLC and Hugo S. Bernal
Allegation: Breach of contract for property management: $75,000
Filed: 11/25/13

Jordan Picot ppa Gabriella Diaz and Andres Picot v. Jennifer Lemelin and Giggle Gardens Inc.
Allegation: Jennifer Lemelin, while in the course of her employment, physically abused Jordan, causing serious physical and emotional harm: $75,740.30
Filed: 12/10/13

Michael D. Goldberg and Mill Street Innovations Housing v. Morrill Stone Ring, Lauren Ring, Attorney David Farka, Attorney Alan Vanaria, and Gold & Vanaria, P.C.
Allegation: The defendants interfered with plaintiff’s existing contract with a reach and apply, causing contract to be terminated: $1.3 million
Filed: 12/20/13

Theresa Perrault v. BJ’s Wholesale Club Inc. and True Innovations Inc.
Allegation: Plaintiff attempted to sit in a display chair, and the seat of the chair tipped, causing injuries: $500,000
Filed: 12/16/13

HAMPSHIRE SUPERIOR COURT
David Pinkham v. 11 South Gallery Workshop and Pamela Pieropan Adorro
Allegation: Plaintiff sustained personal injuries as a direct result of exposure to toxic fumes and exhaust from the use of ceramic kilns in his place of residence: $30,000+
Filed: 12/26/13

SPRINGFIELD DISTRICT COURT
Beacon Sales Co. v. Keith Hutchings d/b/a Old Harbor Homes, LLC
Allegation: Non-payment of goods sold and delivered: $4,030.07
Filed: 12/18/13

Edna Tart v. Aqua-Matic Lawn Sprinkler & Irrigation Inc. and Steven McCombe
Allegation: Negligent operation of a motor vehicle: $7,795.15
Filed: 12/19/13

Liberty Mutual Insurance Co. v. Ned G. Terault d/b/a NGT Carpentry
Allegation: Non-payment on workers’ compensation policy: $8,478.76
Filed: 11/27/13

Briefcase Departments

EDC Head Blair to Step Down
SPRINGFIELD — Allan Blair will retire as president and CEO of the Western Mass. Economic Development Council at the end of 2014 after 18 years at the helm of the regional economic-development agency. A search committee, headed by Peter Straley, chairman and CEO of Health New England, will seek his replacement. The EDC provides support for companies looking to locate or grow in the region, through services including real-estate searches, workforce, manufacturing supply chain, data and demographics, incentives and financing, new market opportunities, service procurement, and academic research and development opportunities. The EDC also acts as an umbrella group for other business-oriented organizations, including the Affiliated Chambers of Commerce of Greater Springfield, the Greater Springfield Convention and Visitors Bureau, the Amherst Business Improvement District, the Westfield Business Improvement District, the Northampton Business Improvement District, the Springfield Business Improvement District, the Westmass Area Development Corp. and the Westover Metropolitan Airport and Westover Metropolitan Development Corp.

DevelopSpringfield Announces Grant for Façade Improvement
SPRINGFIELD — DevelopSpringfield, a nonprofit 501(c)(3) development corporation, announced that it has awarded a $10,000 grant for façade improvements to the New England Farm Workers Council for renovations to the International Bier Garten located at 1600 Main St. The grant is made possible under the organization’s Corridor Storefront Improvement Program, which provides grants of up to $10,000 for exterior improvements to first-floor storefronts located on State and Main streets in Springfield. The recently awarded funds were used to revitalize and repair the existing façade to meet building-code and safety standards, and to comply with Springfield Historic Commission requirements. The grant is supporting more than $70,000 in improvements on the façade alone. The full project is a partnership between the New England Farm Workers Council and the Fort Restaurant and is a key component efforts toward revitalization in downtown Springfield. The project partners estimate that the project will bring more than $2 million annually in economic benefit to the community. They also hope the project will be an example of how economic revitalization can spur downtown Springfield’s renaissance and support the city’s transformation into a thriving cultural and entertainment hub for Western Mass. For more information on the Corridor Storefront Improvement Program, visit www.developspringfield.com and click on ‘programs,’ or contact Jay Minkarah, DevelopSpringfield president and CEO, at (413) 209-8808 or [email protected].

Construction Employment Declines in December
WASHINGTON, D.C. — Construction employment declined by 16,000 in December, but the industry unemployment rate fell to 11.4%, according to an analysis of new government data by the Associated General Contractors of America. Association officials noted that the new employment data was likely impacted by cold weather, but also reflects underlying weakness in the construction sector. “Given the variability of weather, especially in winter, the downturn in December is not cause for alarm,” said Ken Simonson, the association’s chief economist. “The data does show how uneven the recovery remains with residential construction doing very well, but the public sector remains weak, and private nonresidential construction is mixed.” Construction employment totaled 5,833,000 in December, an increase of 122,000 from a year earlier, Simonson noted. But while employment grew by 2.1% during the past year, construction employment remains nearly 1.9 million below the sector’s April 2006 peak. Meanwhile, the unemployment rate for workers actively looking for jobs and last employed in construction declined from 13.5% in December 2012 to 11.4% last month. Non-residential construction firms lost 22,900 new jobs in December, while residential firms added 6,200 jobs. Non-residential specialty trade contractors lost 12,900 jobs for the month, the most of any segment, while heavy and civil engineering firms — which are most likely to perform federal construction work — lost 8,800 jobs. Meanwhile, residential building contractors added the most new jobs during the past month, with 4,800. The number of unemployed construction workers dropped from 1,105,000 in December 2012 to 958,000 in December 2013, a decline of 147,000. Yet the industry added only 122,000 new jobs during the same time frame. The shrinking pool of available construction workers may be one reason so many firms report having a hard time finding qualified workers, Simonson noted. Association officials said the outlook for construction could be helped by new investments in infrastructure and other construction programs. They urged Congress to finalize Water Resources Development Act legislation to invest in ports and other waterways. They also said Congress and the Obama administration should work together to find a way to pay for needed repairs to aging roads and bridges before the current transportation legislation expires at the end of September. “If the economy continues to expand and Washington can work together to make needed infrastructure investments, firms should be able to add significantly more jobs in 2014,” said Stephen Sandherr, the association’s CEO. “But Congress and the administration need to set aside partisan differences and find a way to work together in the interest of our economy.”

Holiday Retail Sales Down in Massachusetts
BOSTON — Holiday retail sales in Massachusetts fell short of analysts’ expectations in 2013. Sales in November and December climbed just 2% from the same period in 2012, well below the 3.5% jump expected by the Retailers Assoc. of Massachusetts. There was one less weekend between Thanksgiving and Christmas, and a snowstorm on the second weekend of December further limited the amount of time shoppers spent in stores and hurt impulse buying, which account for one-third of all department-store purchases. On the national level, the National Retail Federation said total U.S. holiday sales jumped 3.8% to $601.8 billion in November and December, up from a 3.5% increase recorded in the same two months of 2012. Meanwhile, the U.S. Commerce Department said retail sales, excluding auto purchases, climbed 3.7% in December over the same month in 2012. But department-store sales fell 3.3%, compared with December 2012.

New England Economy Showing Signs of Life
WASHINGTON, D.C. — The outlook for New England is “generally positive” as the economy continues to expand modestly and most industries report better sales and improving business conditions, according to a Federal Reserve survey. The report, known as the Beige Book, found manufacturers reporting increased sales, healthcare consulting booming as the industry grapples with the Affordable Care Act, and median prices for homes rising in most of the region. However, hiring remains subdued in most industries, and wage increases remain modest at best. Nationally, the survey found moderate or modest economic growth and increased hiring in most of the country. It noted that harsh winter weather in recent weeks had a minor impact on consumer spending, which accounts for about 70% of the nation’s economic activity. Although home sales in New England were lower than a year ago, real-estate markets in the region experienced increased prices for single-family homes, according to the survey. The Fed said the small sales decline could be the result of low inventories, a pause after strong sales earlier in the year, or uncertainty among consumers following the partial government shutdown in October. But “New England realtors agree that 2013 has been a good year overall,” the report says, “and they remain optimistic about sales increases.” Commercial real-estate leasing remained steady, while construction activity increased, boosting building in health, education, life sciences, and commercial sectors. Manufacturers reported increased or steady sales, and retailers also reported solid performances.”

Berkshire Bank Awards Scholarships for Service
PITTSFIELD — Berkshire Bank has announced it will honor 30 high-school seniors in Massachusetts, New York, Connecticut, and Southern Vermont through its annual Scholarship Awards Program. The program will award $45,000 in total scholarship dollars to students who have exemplified community service through their volunteer efforts, have been successful academically, and have a demonstrated financial need. Additionally, students must attend a school that is located in a community with a Berkshire Bank office. “Berkshire Bank believes that one of life’s most exciting moments is going to college, and we want to do our part to help make it more affordable for students in need, said Lori Gazzillo, director of the Berkshire Bank Foundation. “This program exemplifies our support of education and demonstrates our commitment to the communities we serve. Our employees rally around this program by serving as reviewers of all of the applications that we receive from so many well-deserving students.” Through the program, 30 $1,500 scholarships will be awarded to high-school seniors who will be attending a two- or four-year college in the fall. Applications will be evaluated based on demonstrated volunteerism in the community and through participation in extracurricular school activities. In addition, applicants must have a GPA of at least 3.0 and a financial need (total family income under $75,000). An independent panel of bank employee volunteers will review all applications and select this year’s winners. Students can apply online at www.berkshirebank.com/scholarships. To be considered, all applications must be submitted online by March 26 at 4 p.m. For additional information, contact the Berkshire Bank Foundation at [email protected].

Employment Sections
REB’s New Director Wants to Build on Recent Momentum
Dave Cruise

Dave Cruise says one of his priorities is to continue the employment board’s tradition of innovation in tackling regional workforce-development issues.

Dave Cruise’s desk — or, more specifically, what sits on it — speaks volumes about his work with the Regional Employment Board of Hampden County, and also his work ethic and his passion for putting other people to work.
Sitting in one corner are a few “toys,” as he calls them, including a plastic device (a tracheal tube of sorts once made by Mitchell Machine in Springfield), as a well as a small plastic castle tower, complete with an interior staircase, that are there as reminders of the many different types of products made in this region and of the high degree of precision involved with such work.
There’s also his personal pair of safety goggles, given to him by officials at Hoppe Technologies in Chicopee, which have been put to great use over the years as Cruise has carried out his assignment as project director of the REB’s Precision Manufacturing Regional Alliance Project, as well as a pair of earplugs, which haven’t been used much at all, by his recollection, because he likes to listen.
And then, there’s the paperwork.
It covers all but a few square inches of desk, credenza, and connecting leaf that is home to his computer monitor. It has become the stuff of legend in this agency, and Cruise can readily joke about it.
“People who know me would say my desk actually looks pretty clean today,” he said with a laugh as he talked with BusinessWest on the last day of 2013. “It may look cluttered, but it’s organized; I know where everything is, trust me.”
Hopefully he can say the same thing in a few weeks after he moves everything next door, to the much larger office assigned to the REB’s president, a post he officially assumed late in the afternoon on Jan. 2 as Bill Ward closed the book on a more-than-30-year stint at the helm of the agency.
Cruise’s new desk will likely become even more cluttered than the old one because there is much work to do in the weeks and months ahead — and for the time being, he won’t be naming a new project director of the Precision Manufacturing Regional Alliance Project.
“I’m going to be very careful about what our budget looks like moving forward into FY 15 so that we have the resources to be able to do what we need to do here. Before I add staff, I want to make sure we can sustain that staff,” he explained, adding that, while he’ll be keeping some of his former responsibilities with that program, he’ll also be parceling others out to different staff members.
In the meantime, he will also be leading the work to draft a new strategic plan for the REB. The previous, three-year document sunsetted at the end of the year, he explained, adding that, under normal circumstances, a new one would certainly have been in place by now, but the search for a new director — and Ward’s insistence that his successor be involved with writing a new plan — changed the timetable.
Cruise will bring to his new position a wide range of experience in workforce development and education, including a lengthy stint as director of the Mass. Career Development Institute (MCDI) and a host of assignments with Springfield Public Schools, as well as some specific skills and management techniques he’s developed over a 45-year career.
“My training has always been in workforce development, so I feel very comfortable moving from what I would describe as a sectoral initiative in manufacturing to seeing that sectoral initiative as part of the REB’s broader mission around workforce development and job creation,” he explained. “I’m excited about the opportunity to come into this work; I believe I can add some value to work we’re doing here. Bill has been a pioneer, and I hope to build on what’s been accomplished. The platform is there, and my role is to come here and move that work to the next level.”
For this issue and its focus on employment, BusinessWest talked at length with Cruise about his new assignment and also about the many challenges facing both employers and those looking to join the workforce.

Moving the Pile
Cruise said that he was not initially a candidate for the president’s position when Ward officially announced he would be stepping down early last summer, primarily because he considered much of the work he was doing with the region’s manufacturing sector to be unfinished business. And he wanted to finish it, or at least stay with it.
But things changed as the search commenced, reached a point last fall where a few finalists were interviewed, and was then expanded, he explained.
“I had given it some thought during the initial process last summer, but didn’t get engaged at that point,” he explained. “I continued to give it some thought both personally and professionally when the process was expanded. I sat down with my family and talked about the work ahead, and decided to become an applicant.
“I was very much involved in the work I’m doing in manufacturing, and I’m very committed to that assignment,” he went on. “I realized that, going forward, that work is part of a broader body of work being done here at the Regional Employment Board, and that I could probably bring that work to the level that I wanted to by being in a position to influence, manage, and direct the work from a different perspective and bring some different resources to it.”
Thus, Cruise will add another line to a diverse résumé with a number of stops, all involved, in one way or another, with the broad ream of workforce development.
He started in 1967 at Springfield’s Roger L. Putnam Vocational Technical High School, where he taught English until 1973, before moving to MCDI.
He first served as supervisor, overseeing training programs for unemployed adults and youth, while also analyzing labor-market trends and assessing needs within specific sectors of the economy. He was named director in 1980 and managed the now-closed agency through one of the busiest periods in its history, managing a staff of more than 150 and training up to 550 people in day and evening division programs.
From MCDI, he moved on to Springfield Public Schools, where he served as director of Occupational Education, director of personnel, chief operations officer, and finally executive director of Human Resources.
He then worked briefly as a consultant before being tapped by Ward to be program manager of the Literacy Works of Hampden County initiative from 2004 to 2006, and then the Precision Manufacturing Regional Alliance Project.
Over the past seven years, Cruise has been putting those goggles, if not the earplugs, to good use, visiting area precision manufacturers, assessing their needs, and developing programs to put more workers in the pipeline. Among the many initiatives that have occupied his time — and space on his desk — have been efforts to introduce young people to the manufacturing sector and convince both them and their parents that it is a field with a future, not just a glorious past.
One of the more recent endeavors, launched just last fall, is a pilot program called Pathways to Prosperity in Advanced Manufacturing, or simply ‘Pathways,’ which puts ninth-grade students at West Springfield High School on a career pathway that will eventually take them to Springfield Technical Community College and then, hopefully, employment with one of the many manufacturers desperate for qualified help.
The program, which started with 40 students, involves a number of partners, ranging from the REB, STCC, and the high school to several employers in West Side and Agawam (among them Advance Welding, Hayden Corp., Ben Franklin Design & Manufacturing, and Atlantic Fasteners), as well as the Eastern States Exposition, NUVO Bank, and the Bates Fullum Insurance Agency.
Cruise counts the ability to create and sustain such partnerships as one of his greatest strengths, and he said it’s one of many skill sets he will need as he goes about the task of guiding the REB as it carries out a rather broad mission.
Overall, he views his primary job description to be both innovator and facilitator when it comes to the REB’s many initiatives.
“We have a very talented group of people here. They work very hard, and they’re very dedicated to the mission of the REB,” he told BusinessWest. “They understand the vision, the values, and the purpose of the organization. My job is to be a resource to them and provide them with the tools they need to take their work to the next level.
“My goal is to strive toward operational excellence,” he went on. “I’m very committed to making sure that we do quality work that will respond to the business needs of the companies in the area, but that we also keep focused on our commitment to the customers, the clients that we’re here to serve.”

Parts of the Whole

Cruise expects a new strategic plan to be ready for the REB’s quarterly meeting in March, if not sooner. When asked about what will likely be in it, he said it will continue to focus on the many aspects of the REB’s mission and priorities such as youth, literacy, education, and especially innovation.
That last term essentially defined Ward’s lengthy tenure as REB president, he went on, and the agency must continue to exude that quality if it is to meet the region’s many workforce challenges — and secure the public and private funds that will be needed to carry out those assignments.
“I’m committed to the notion of innovative ideas,” Cruise explained, adding that this is an important companion piece to one of the REB’s primary assignments — collecting workforce data. “It’s going to be very important to look at some of the work being done by the REB that I believe is innovative and seeing how we can scale that work up, not only across the region but perhaps across the state.”
Moving forward, he said there are several priorities for the REB that are both part of its mission and key elements for the new strategic plan. They include:
• Identifying new public and private funding sources, or, more specifically, combinations of both for various initiatives;
• Continuing and escalating programs involving literacy and, overall, the education and employability of adults;
• A focus on young people and making sure they have what Cruise called the “employability skills necessary in the 21st century,” work that involves everything from early childhood education to programs like Pathways;
• Work to deepen and broaden relationships with area businesses and industry groups; and
• Being an advocate for workforce development as economic development, or, as Cruise put it, “telling our story.”
Elaborating, he said that all of these concepts, or strategic initiatives, are interrelated, and as an example, he said that workforce-development-related agencies (like the REB) that have good data as well as innovative ideas about what to do in response to that information, and work aggressively to tell their stories, are better-positioned to secure funding for such initiatives.
“It’s going to be those organizations and those agencies that have good data, have good strategic plans, have a clear mission, and then have the talent to pull it off, that are going to be able to get funding moving forward,” he explained. “I’m very committed to operational excellence here at the REB; I want to make sure that we’re doing quality work and that our work defines us, because I believe that if we can make that case and share it with people, especially with this notion of innovation and innovative ideas, that money will follow.
“I don’t think you can go out today and simply make an ask,” he continued, referring to requests for state and federal funds that are in shorter supply than years ago, as well as private money from businesses and foundations. “You simply need to demonstrate that you can add value to what that ask is all about.”
As for that goal of deepening and broadening relationships with industry groups and specific businesses, Cruise said this assignment involves both telling the REB’s story and, more importantly, listening to what those in various sectors are saying about what they’re seeing today — and expect to see tomorrow.
“I want to deepen those relationships, but I also want to engage more business and industry in different sectors in the work we’re doing,” he said. “I’m going to try to spend a reasonable amount of time out in the community. I want to go out and listen and learn; I want to see how people who are familiar with our work perceive us, and for people who are not familiar with the work we do, I want to build a relationship and a partnership with them.”

Work in Progress
When asked about the particular strengths he believes he brings to the table, Cruise put “relationship building and partnership building” at the very top of the list.
“I’m a good listener, and I believe in convening and facilitating,” he said, adding that these are qualities that will serve him well as he goes about the task of not only continuing to carry out the REB’s broad mission, but also building a tradition of innovation.
He said he has the commitment — and the desk space — to carry out his new assignment.

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

Employment Sections
Vacation Time Isn’t a Benefit If Workers Don’t Use It

Patti D’Amaddio

Patti D’Amaddio says employees at area companies earn vacation milestones faster than they did a decade ago.

When it comes to vacations, Patti D’Amaddio said, there’s good news and bad news.
The good news is that employees are being offered more time off than in years past.
“It used to be that you earned two weeks after a year of work, but not so much anymore,” said D’Amaddio, director of Strategic HR Services at the Employers Assoc. of the NorthEast. “A lot of companies are now giving time off during the initial period of employment, as opposed to waiting a year.”
Not only that, but EANE surveys show that the average employee in the region gets bumped up to three weeks off after five years on the job. “It used to be 10, but that’s come down.”
The bad news? Too many workers today are leaving vacation on the table, unused, because they feel like they can’t afford to take time off.
According to an online poll by Right Management, a division of ManpowerGroup, 69% of respondents did not take all their vacation time in 2013 — consistent with the 70% who reported the same in 2011 and 2012 — while just 31% said they maxed out their time.
“No question every company is doing more with less. They have to remain as competitive as they can with foreign countries. It’s not easy for businesses, and it isn’t easy for employees,” said D’Amaddio as she explained why employees might be loath to take earned time off.
“A company really has to look in the HR department, look at the numbers, look at the facts, and figure out what the utilization is,” she continued. “They need to ask, ‘are our people using their time? Do we have a problem or not? If so, is it a company-wide problem or a department problem?’ If the president of a company wants a culture that encourages people to take rest and relaxation, he has to know whether this is happening.”
Richard Goldstein, vice president of Benefits at MassMutual, said his company, one of the region’s largest employers, emphasizes the value of time off.
“We periodically send notes out to the managers, reminders to encourage their employees to take their time. And, for the most part, the people in my group do. I have a conversation with them around November — ‘make sure you take all your vacation time.’”
Many American workers aren’t hearing this message, or are choosing to ignore it. U.S. workers left an average of 12 vacation days unused this year, double the number from 2011, according to a survey conducted by travel website Hotwire. Some of these days can be rolled into the following year, but that’s no guarantee they will be used.
“Financial pressures often put a burden on travel plans, and this is causing an alarming increase in Americans leaving vacation days unused,” said Henrik Kjellberg, president of the Hotwire Group. “This is a trend I am hoping will soon change.”

All They Ever Wanted
What is changing is the way companies are structuring vacation time, D’Amaddio told BusinessWest. For one thing, fewer employers allow employees to take their entire allotment of vacation right away.
“A lot of companies have gone to the accrual formula, accruing time each month or each pay period,” she said, noting that this makes sense in Massachusetts, where employers are legally obligated to pay out unused vacation time as wages when an employee is terminated. “Instead of giving somebody two full weeks of vacation, then having them leave the next day, the accrual formula avoids that.”
Vacation laws vary substantially from state to state, she said. Connecticut’s employment laws don’t require companies to pay unused vacation time as wages, but they are typically required to honor their own handbook. So it comes down to how a policy is written.
“If a company says vacation time is not payable at the time of termination, it’s not payable,” D’Amaddio said. “Now, that doesn’t mean companies don’t often provide better benefits than the law requires. A lot of companies in Connecticut will pay out vacation, but they don’t legally have to.”
In addition to a shift toward accrued time off, she noted, many employers are beginning to blend vacation time, sick days, and personal days into one pot, simply calling it ‘paid time off.’
“Again, there are benefits for some parties, like people who are never sick,” she said, as well as people who don’t enjoy lying to their bosses. “Why make employees call in sick when their kid is sick? Or if they suddenly got tickets to the Patriots, and they have to schedule their vacation days in advance? This gives people more flexibility.”
In some cases, however, blended time off actually reduces the total package. In Goldstein’s 11 years at MassMutual, he’s seen the benefit program morph in some ways, but the time-off package has remained divided into different buckets.
“What we offer here is fairly generous,” he said, noting that new employees start with 15 days vacation — five of which can be carried over into the following year — plus five sick days and four personal days for unplanned absences. “Say you wake up in the morning and your kid’s sick; that’s an unscheduled day off.

Richard Goldstein

Richard Goldstein says managers at MassMutual encourage employees to use the vacation time they’ve earned.

“It’s a pretty generous program, but you have to consider it in its entirety with retirement, medical benefits, and holidays,” Goldstein added. “There are bump-ups for longevity and seniority, but that’s what our new hires get.”
MassMutual, as an organization, has long expressed a philosophy of valuing work-life balance, and making sure employees take time off is one aspect of that, he noted. That can be difficult during peak times and major projects, but he doesn’t consider leaving time on the table to be a rampant issue.
“If we’re stuck on a big project, I’m sure the people working on those transactions can’t carve out a lot of time,” he told BusinessWest, “but for the most part, we encourage people to take time off.
“We don’t believe in making it mandatory,” he added. “As with anything in life, it’s all about balance between peak production times, with all hands on deck, and slower times. For the most part, it works. I personally think vacation is healthy, and I encourage my folks to make sure they’re not leaving days on the table. I think it’s important to recharge.”

Have to Get Away
Matt Norquist, general manager at Philadelphia-based Right Management, agrees that spending significant time away from work carries many benefits, including increased productivity.
“Every employee at every level should be encouraged to take time to re-energize, recharge, and relax to be more satisfied and productive on the job,” he said in a post on the company’s website. “The importance of vacation cannot be understated in today’s workplace when companies are doing more with less and adding workloads to their teams.”
According to Norquist, taking vacation time is a vital part of maintaining job satisfaction, and employees who take time off are more inspired and motivated to do their best work. “Ultimately, vacations contribute to engaged, loyal, and satisfied employee teams and build a positive workplace culture that not only reduces turnover, but also creates a stronger brand image in the market.”
The catch, Goldstein said, is that some employees never really stop working, even when they’re on vacation, because of e-mail and cell phones. “They never check out in today’s work world. With their remote devices, they’re always in tune.”
D’Amaddio cited one EANE-client company that requires every employee to take at least one full week off, and to shut off all e-mail and cell-phone access to work during that time. “That’s because there’s time off, and then there’s really time off,” she said. “Many people never shut down. When you’re engaged at work with smartphones and e-mail and everything else, you’re not really off.”
It all comes down to what kind of work-life culture an employer is really trying to create, she explained.
“The company and HR should really ask, ‘do we have a problem? Are our people using their time, or are a lot of people carrying it over? If they are, why? Is it just this year, or is there a history, and why? What kind of culture do we want to set?’
“If they want to set a culture stressing morale and work-life balance, they will want people to take vacation time,” D’Amaddio continued. “The culture is set at the top, whether that’s the top of the department or the top of the company.”
A major part of that is making sure department heads clearly express the importance of taking time off, she said. “And your HR department should be measuring the impact in terms of turnover and retention. Why are employees leaving? It’s great to have time off, but what if you can’t take it?”
If the tide turns and employees start taking more of the vacation time they’ve earned, she added, it will likely be the Millennials, the youngest generation in the workforce, who lead the charge.
“They want that. As Baby Boomers, we’re more willing to give up time, but Millennials are not going to be so inclined. So the paradigm is going to switch, and we need to understand that.”

Joseph Bednar can be reached at [email protected]

Employment Sections
Griffin Staffing Network Goes Extra Mile to Help Job Applicants

Nicole Griffin

Should the MGM Springfield casino come to fruition, Nicole Griffin is ready to help staff the complex, as well as positions at other companies left open by people departing for casino jobs.

Like many people working in the broad realm of staffing and human resources, Nicole Griffin identifies employees as every company’s biggest asset.
But a moving experience several years ago involving a young boy changed her life, giving her deep understanding of just what is needed to create a true asset.
Griffin was participating in a MassMutual Community Responsibility event at Western New England University, and helping high-school students through a Junior Achievement (JA) employment-awareness program. She would spend the first day teaching students everything she knew — business etiquette, interviewing rules and tips, how to dress for success, and more. The second day was for mock interviews, and one of the students — told to dress appropriately for the occasion — showed up in jeans and a tilted ball cap, slouching himself in a chair.
Offering positive criticism, Griffin suggested that he might have chosen slacks and a button-down shirt, and left the cap at home.
“His response was, ‘look, lady, my parents don’t work, so I don’t know what that looks like,’” Griffin told BusinessWest. “The impact that statement had on me … he’ll never know. It was a pain in my heart, because that was his environment, and in order to be an example, you have to see an example, and he had never seen one.”
That’s when Griffin knew she had to do something more, because she understood there were many more people in that same situation, and unless they were provided with such positive examples, their opportunities for meaningful employment would be slim to none.
With that young boy always in the back of her mind, she exited MassMutual after 12 years as a financial underwriter, providing analysis, sales, and marketing for the company’s products, to work at a regional staffing agency, focusing on meeting the need that became apparent to her at that JA event —  a need for helping people position themselves for success in the job market, and life.
That position, and two consultant businesses on the side, led her to launch her own venture, Griffin Staffing Network, last fall in Springfield’s South End, practically across the street from the site of MGM’s proposed $800 million casino.
Excited about the impact of that very large employer that she can help staff, as well as those businesses that may lose their current employees to the casino, Griffin is now the CEO of an agency for temporary, permanent, direct-hire, temp-to-hire, and executive-level positions, and offers placements in several fields, including administrative, medical, financial, professional services, hospitality, insurance, and information technology.
“My background in financial underwriting was really analyzing how much risk an applicant would be for a company, so I would look at their application, background, medical history, and evaluate that person based on a risk factor,” she said, adding that she’s doing pretty much the same thing in her new role in staffing.
Elaborating, she said there are risks associated with a company taking on an employee, even one from a staffing agency, and her assignment now is to reduce that risk, and her agency does so by giving back and helping clients become job-ready.
“To reach as you climb — that’s what my husband and I have always been told is important to do, because some people don’t; they reach a certain level of success and don’t give back,” said Griffin. “Once you succeed, you reach back and pull somebody else up with you.”
For this issue and its focus on employment, BusinessWest talked with Griffin about this notion of reaching as one climbs, and how she believes it will not only help in her efforts to grow her company, but also assist the region’s businesses as they struggle to fill openings in many sectors and at seemingly every level.

The Job at Hand
An MP in the Army National Guard, Griffin thought her future was in correctional or police work. But after marriage and having children, her priorities changed.
“I called a friend who worked at MassMutual and said, ‘can you help me get a job?’ And she said, ‘to be honest with you, I can get you the interview; the rest is up to you,’” Griffin explained. “And that stuck with me all my life because it’s true. And that’s what I want to do, get a person’s foot in the door; what they do with the opportunity is up to them.”
But after years of volunteering and working in human-resources positions, time and again she realized that for some, there was a need to acquire basic skills that they just didn’t have, or else opportunities they were given would end up in disappointment.
Still in her position at MassMutual, she attained qualifications as a certified interviewer and started her own small nonprofit, The ABCs of Interviewing. Griffin would consult with other nonprofits, companies, and individuals, helping them with interviewing skills, but many of the individuals were unemployed, and payment was an issue.
“I loved the interviewing-consultant work, but after that, there was nothing more,” she said, “and I knew I had to do something more.”
Her something more turned into a new position at an administrative and accounting staffing firm in the area, where she quickly learned that, due to company policies, there were potential employees that weren’t making the cut.
“They were falling through the cracks,” said Griffin. “They would come in, we would interview them, evaluate their skills, and then mark them ‘unemployable.’”
She saw that those same young kids at the JA program were now adults, and had the same issues. And no one was telling them, “you can’t consider capris and flip-flops professional attire,” said Griffin. “It was literally an eye-opener for many; they just didn’t know.”
Her current agency is an expansion of Griffin Consulting, permanent-placement firm for the insurance agency that she formed while working at the temp agency. Licensed with the Employment, Placement, and Staffing Agencies Program within the Mass. Department of Labor Standards, she obtained her certification as a Minority Business Enterprise/Woman Business Enterprise (MBE/WBE). That certification, a lengthy process in itself, was approved in November 2013, just a month after Griffin Staffing Network launched.
“Someone helped open the door for me at MassMutual,” Griffin continued. “I will do the same, so now, if someone comes into my agency and they are not job ready, I’m going to make sure they leave here with a skill they didn’t come in with.”
With two forms of placement experience, her business plan calls for a commitment to community by offering free workshops for applicants on Wednesdays to hone skills that are lacking. Griffin offers tips on the interview process, proper dress for an interview and at a particular job, and business etiquette, and she uses a consultant (who also donates her time) for résumé improvement, an important piece of this exercise that is often overlooked.
“Employers have one moment to glance at your résumé, and that’s the only impression you have,” Griffin noted, adding that the document must highlight skills and accomplishments, not simply list previous jobs, while also being concise. “So you have to make a good impression without a lot of words.”
As an applicant for an employment position comes in, Griffin reviews his or her skills, testing scores, and reference checks, and evaluates how much of a risk that applicant will be for one of her clients and, ultimately, her agency.
“We’re committed to finding the perfect match,” Griffin added. “I would never place someone at the agency with someone that I had not met with directly, because our model is that we are a business partner with the employer.”
Part of the process to engage new partnerships includes community involvement, something that has been embedded in both Griffin and her husband (Richard Griffin Jr., who works in the Springfield Economic Development Department). Once a week, she meets with a small-business owner to broaden her network, but also to give them feedback, based on her own experiences, and educate them about resources that they may not have known about.
“Yes, I’m giving back, but as a staffing agency, hopefully they’ll grow to need more employees, and that’s already happening,” Griffin added.
But her main focus is on individuals and on helping them realize their potential, be it as an employee or employer, she said, adding that this mindset helped spark creation of a new workshop she calls simply “Chasing the Dream.”
Scheduled for Jan. 18, it was inspired in part by commentary offered during the recent National Assoc. of Professional Women (NAPW) event staged in Springfield, where speakers, including keynoter Star Jones, a lawyer and one of the original co-hosts of ABC’s The View, focused heavily on dreams and what’s needed to realize them.
That workshop, to be staged at the agency’s 1145 Main St. location, will offer the steps and tools needed in a process that is informative, interactive, and fun, to aid attendees on their personal dream journey.

Opportunity Knocks
As for Griffin’s dream, her short-term goal is to increase the network’s name recognition and to grow the firm both regionally and nationally. With her foundation built, her ambition is to increase clients with entry-level and mid-level placement opportunities.
She sees the casino project as an opportunity for her business and many others, and for the region as a whole —  “it’s a win-win for the City of Springfield,” she said — while acknowledging that there is considerable work to do across the region when it comes to making effective matches between employers and individuals looking to join, or rejoin, the workforce.
While Griffin does not know what became of that boy who changed her outlook on employment, she does know that there are still many more like him, and that simple fact drives her to continue to reach while climbing.

Elizabeth Taras can be reached at [email protected]

Opinion
Some Things We’d Like to See in 2014

It’s time to say goodbye to 2013.
It was an interesting year in many respects — especially with regard to the casino-gambling picture, which changed in ways that probably couldn’t have been imagined just one year ago when there were four projects still in the running for the Western Mass. license — but one that was not very remarkable from a business standpoint.
Indeed, with the exception of a soaring stock market, which had climbed nearly 25% for the year at press time, this was a year of relative stagnancy, in terms of everything from employment to the overall economy, although there were signs of life toward the end of the year (more on that in a bit).
So, without further ado, it’s time to look ahead and identify some of the things we’d like to see happen in 2014. If all or even most of them come to fruition, it could be quite a year.
• Game On. Let’s start with the casino. As the voters in West Springfield, Palmer, East Boston, and other communities voted thumbs down to casino plans for their communities — dramatically changing and diminishing the competition for coveted licenses as they did so — many began to question whether this state really wants or needs such facilities.
Pollsters would tell you that the numbers show that the majority of state residents still support casinos, but don’t want one in their community. Springfield, in fact, was one of the few communities that said yes, and we hope that cranes start to appear in the city’s South End by the end of next year and that MGM Springfield becomes reality a few years later.
As we’ve said many times, a casino will not, by itself, change the city’s fortunes. But it can become part of the process of bringing new vitality, new jobs, and a new attitude about Springfield. Let’s hope it happens.
• It’s About Time. For close to half a decade now, people have been saying, “this could be the year the economy finally breaks out of its funk.” Well, people are saying it again, and this time, there’s more reason to believe them. Indeed, there are some actual signs — falling unemployment and a rise in state GDP among them — that indicate better times ahead.
We hope those reading these tea leaves are on the money — literally and figuratively — because there hasn’t been much of a recovery in this region, and businesses that have fought through this time deserve some sustained momentum and a year when the books become truly good reading.
• Class Act. Several months ago, the talk about whether UMass would create a downtown Springfield ‘satellite facility’ (the school eschews the word ‘campus’) officially shifted to when it would. School officials announced that UMass Springfield would soon start to take shape on the second floor of Tower Square. As the new year begins, we hope that this news alone starts to create momentum in a downtown that sorely needs a spark, and that, as 2014 unfolds, the construction work and then the facility itself will become a catalyst for more retail development and other forms of progress in the city’s central business district.
• Getting Things Started. Lastly, we hope to see work in 2014 in the broad realm of promoting entrepreneurship and getting new ventures off the ground or to that proverbial next level. There are several programs in place that are addressing this challenge — from Valley Venture Mentors to the Grinspoon Foundation’s Entrepreneurship Initiative to the Business Growth Center at the Technology Park at STCC (see story on age 45)— and this work needs to continue and expand in 2014 and the years to follow.
As we’ve said on many occasions, while it is still possible that a major employer will decide to make Western Mass. home and thus create hundreds or perhaps thousands of new jobs, the more likely scenario is that growth in this region will come organically, through new startups that mature and eventually add to their payrolls.
There are many challenges facing this region, but perhaps the biggest is creating more fuel for the economy. Programs that encourage entrepreneurship and help young businesses grow are a vital part of that equation.

Opinion
A Stern Challenge for the Region

If it seems like you’re spending more of your time reading about people retiring or going to functions where the guest of honor leaves the room with a rocking chair, gold watch, or gift certificate for a cruise, it is most definitely not your imagination.
Instead, it’s more evidence of a demographic phenomenon, one that reflects the size and influence of the Baby Boom generation.
Indeed, all that talk years ago about how this generation was going to start retiring — and in big numbers — is no longer talk. It’s reality.
And while this inevitable consequence of the passage of time is good for the people who handle IRAs, make watches and rocking chairs, host retirement parties, and operate cruise lines, it poses a huge challenge for this region as a whole and specific business sectors as well.
In just the past 12 to 18 months, this region has seen the retirement of several chamber of commerce directors, nonprofit managers (Gary McCarthy at the Springfield Boys & Girls Club is just one example), economic-development leaders (Bill Ward at the Regional Employment Board of Hampden County tops that list), and healthcare executives — Carol Katz, longtime director of Loomis Communities, retired in 2012, Holyoke Medical Center CEO Hank Porten stepped down earlier this year, and  Mark Tolosky, president and CEO of Baystate Health; Peter Straley, president and CEO of Health New England; and Craig Melin, president and CEO of Cooley Dickinson Hospital, will leave their jobs in 2014.
And there have been countless people whose exploits didn’t make the pages of BusinessWest who have also moved on to that proverbial next stage of their lives, with tens of thousands more to do so in the next several years.
The challenge is obvious: these people must be replaced.
And while it would seem that this wouldn’t be a problem with a statewide unemployment rate of roughly 7% and a number closer to 10% in major urban areas in this region, the reality is that many of those who are unemployed simply do not have the skills to move into these positions.
This is especially true in sectors such as precision manufacturing and healthcare, where employers have openings — hundreds and perhaps thousands of them — that they cannot fill because of that skills gap that we keep reading about. Like those aforementioned retirements, that gap is real, not your imagination.
And while there will always be people who can step into the shoes of leaders like Ward, Lee, Tolosky, Melin, and Straley, it is fair to ask if those who will occupy their offices and those of executives across the region possess the leadership skills that enabled their successors to be so successful.
So, moving forward, this region has to continue its efforts to address this demographic challenge — which is no longer looming, but actually here — and accelerate and intensify them.
Programs like Leadership Pioneer Valley, created at the encouragement of the Pioneer Valley Planning Commission with all these retirements in mind, must continue to educate area young people about this region and its strengths, weaknesses, and challenges, and prepare them to be the leaders of tomorrow.
Meanwhile, people like David Cruise, who will have the unenviable task of succeeding Ward at the REB, must work in collaboration with local employers, area colleges and universities, and other economic-development agencies to close that skills gap. If they don’t, employers will be increasingly challenged to find that most important ingredient in any business success story: talent.
In reality, it is mostly the very oldest of the Baby Boomers (and those who belong to the generation before it) who are retiring these days. The huge bubble is still to come, and it may be delayed somewhat by the need for many members of this generation to work longer to secure a comfortable retirement.
But while there is still time to address this challenge, that time is running out.

Law Sections
Social Media Poses a Legal Minefield for Employers

SocialMediaLegalityDPartThe missive on Facebook reads like a typical workplace rant.
“It’s pretty obvious that my manager is as immature as a person can be, and she proved that this evening even more so. I am unbelievably stressed out, and I can’t believe NO ONE is doing anything about it! The way she treats us is NOT okay, but no one cares, because every time we try to solve conflicts, NOTHING GETS DONE!”
The poster worked in a San Francisco clothing store, and this message, and comments like it from fellow employees, led to numerous firings once the employer found out about them. But one of the booted employees filed an unfair-labor-practice charge with the National Labor Relations Board (NLRB) — which sided with the workers.
Why? Well, the store was located in a rough neighborhood of the city, and stayed open an hour later than other stores in the vicinity. The employees had complained to their manager about being harassed by “street people” upon leaving late at night. When the manager refused to change the store hours, the workers took to social media.

John Gannon

John Gannon says the National Labor Relations Board has recently taken a keener interest in making sure companies’ social-media policies aren’t too vague to be enforced.

“They went online and complained about their supervisor,” said attorney John Gannon, an associate with Skoler, Abbott & Presser in Springfield. “The NLRB said they were complaining about working conditions and were concerned about safety, and as a group, they were trying to get their supervisor or store manager to close that store earlier.”
And that, the board maintains, falls under the umbrella of ‘protected, concerted activity’ which employees are allowed by law to undertake. The fact that the complaints were posted very publicly and could have embarrassed the employer did not limit their rights.
“One issue that arises with respect to social media is, can we fire somebody for comments they have made online that may not be favorable to us, or that we perceive as disparaging?” said attorney Amy Royal, owner of Royal LLP in Northampton. “Before they take such adverse action, companies need to take a careful look at whether the comments are expressing an individual gripe or if the employee is trying to induce other employees to undertake group action that could potentially be seen as concerted activity.”
The difference is crucial, and gets to the heart of what employers need to know about their workers’ private use of social media.
“If it’s collective, and more than one employee is complaining online, is the complaint about the terms and conditions of employment?” Royal asked. “For employers, the frustrating piece is that the NLRB has a broad view of what constitutes terms and conditions of employment.
“If I read, ‘it’s pretty obvious that my manager is as immature as a person can be,’ human nature being what it is, if I’m the manager, I’m not going to happy with that, and I might want to take action because I feel slighted or slandered. But in this case, other employees joined in and made comments, and the NLRB said this is protected.”
That’s different, she said, than someone lashing out randomly at their employer with no such context, and no support from fellow workers.
“The number-one issue when talking about social media in the employment-law context is whether or not an employee’s activity, whether on Facebook or elsewhere, is protected by the National Labor Relations Act,” said Gannon, adding that the NLRB periodically issues ‘advice memorandums,’ examining about a dozen recent cases and discussing whether the employers’ conduct violated the act, or whether their policy on social media is too broad to be enforced.
“Through all those advice memorandums, they distinguish between someone’s individual gripes and somebody complaining about workplace conditions,” he said. “That’s the bright line — and it’s actually more of a gray line. Is somebody actually talking about improving workplace conditions, or is the employee just complaining about his supervisor? In a recent case, an employee said, ‘hey, my supervisor needs to back the f— off. If he wants to fire me, go ahead, make my day.’ The board said that’s your classic individual gripe; they weren’t talking about other employees or referencing any working conditions.”
Kate O’Brien, an attorney with Springfield-based Sullivan, Hayes & Quinn, noted that the NLRB has been busy assessing cases decided by administrative-law judges. “For the most part,” she said, “they’ve affirmed the approach of evaluating them for the potential chilling of employees’ right to engage in protected, concerted activity.”

Group Think

Amy Royal

Amy Royal says screening job applicants on social media can be helpful — but poses certain legal risks.

None of this, however, applies to employee use of social media on work time. Companies have long been well within their rights to police what their staffers do while on the clock, and routinely bar the recreational use of the Internet during work hours.
“Companies can and should have a policy that prohibits employees from using social media at work, and it should also extend to the use of their own devices,” Royal said. “In the real world, it becomes difficult for companies to police that, or they may not want to have a total prohibition, but they need to know that, if they allow some level of use of social media, employees can use it for union-organizing purposes.”
But when it comes to off-the-clock activity, she said, many employers — especially those with non-unionized workforces — still aren’t aware of workers’ rights when it comes to freedom of expression, laid out in Section 7 of the National Labor Relations Act.
“Section 7 applies to both union and non-union workforces and gives employees the right to come together and complain about the terms and conditions of their workplace,” Royal noted. “That particular section is implicated when we’re talking about social-media issues in the workplace.”
However, Gannon noted, although the NLRB remains engaged in complaints about unjust firing, it has also taken proactive steps to examine various companies’ social-media policies and determine which ones too broad to withstand scrutiny.
“They’ve reviewed a lot of policies dating back to 2010 and 2011 that prohibit certain kinds of behavior — prohibitions against inappropriate comments or unprofessional comments or misleading comments on Facebook — and they’ve come out and said that’s overly broad and not specific enough, that it could chill somebody’s Section 7 rights, so they’d be afraid to speak out.”
One recent case involved Giant Foods, which had a policy prohibiting employees from discussing confidential, non-public information on social media.
In an advice memorandum issued in July, “the board came out and said that’s overbroad, that they need to be more specific,” Gannon explained. “A lot of people were surprised by that; they think an employer has a right to protect its confidential information. But the board’s point was that, yes, you need to protect your confidential information, but make sure employees understand what that confidential information is.”
In another case — an actual decision, not just a memorandum — the board determined that Costco’s policy, barring employees from posting things that might damage the company’s reputation, was also overbroad.
In yet another case, Royal noted, an employer’s policy said workers must be courteous, polite, and friendly to customers and fellow employees, and not use language that injures the image or reputation of the company. “That sounds like a policy any company would want to implement, but the NLRB said that policy is problematic because it’s too vague,” she said. “They want specifics in these policies.”
So how should employers craft a policy that stands up to the law? “One thing I recommend is to link it to other policies,” Gannon said. “For example, I’ll recommend that the employer, in their social-media policy, reference the anti-harassment policy and make it clear that employees have to follow the anti-harassment policy in social media, and can’t post things that are harassing in nature.”
The same applies to confidentiality policies, he added. “You have to treat it as if it happened in the workplace.”

Searching for Clues
Still, O’Brien said, while overbroad policies are certainly a consideration, “I think a more prevalent consideration is the discipline or termination of employees for their comments and activity in social media.”
And it’s not just current workers employers must be concerned with. Job applicants pose their own kind of minefield. Specifically, employers who use sites like Facebook to gauge an applicant’s character often discover information about his or her beliefs or race or sexual preference — issues that shouldn’t be used in hiring decisions, but sometimes are.
“It’s a double-edged sword,” Royal said. “You want to investigate an unknown commodity before you invest in them. We know that bringing someone into a workplace is a huge investment, and social media is a great way to find out information about a person’s character, their reputation, their likes, and their interests. But on the flip side, you may be given information that you wouldn’t otherwise have in the application process, that could then be used as ammunition against you.”
Importantly, even if a decision not to hire is based solely on job qualifications and experience, simply knowing certain things about an applicant can open an employer up to the perception of discrimination — and lawsuits can follow.
“That’s not to say you shouldn’t use social media as part of background check into an applicant — I think you should — but you need to know the parameters,” she said. “And if you use social media inconsistently, you open yourself up to attack as well. If you’re going to use it, then use it for all applicants when they reach a certain point in the application process.”
Gannon said much of the strategy depends on what sites employers are checking.
“Generally speaking, I think there’s a lot of information out there that would be valuable to employers in their recruiting efforts. LinkedIn is a very good place employers can use to double check what their employees say in an interview; you can find out if there’s some conflict there.”
However, he added, “some other sites present problems stemming from learning too much information. Even visiting someone’s Facebook page and learning information that isn’t part of an application — information about an applicant’s religion, disability, genetic information — all of that can lead to an unlawful-hiring lawsuit, claiming the information learned through social media was the reason the individual wasn’t hired.”
Gannon agreed that hiring managers need to be consistent about what searches they perform, and then document those efforts.
“But the most important thing an employer can do is have a gatekeeper perform the search, an individual who is not connected to the hiring decision itself,” he said. “If they find any negative characteristics, they report back to the hiring manager.”
That way, he continued, “if someone brings a failure-to-hire lawsuit, you can defend the hiring — management didn’t know you were Muslim, for instance. That’s really the key in recruitment.”

Media Messages
Royal stressed the importance of keeping tabs on the NLRB’s evolving thought process on social media as it relates to Section 7 of the National Labor Relations Act and other factors.
“A lot of employers do have social-media policies, and now that we’re coming up on a new year, it’s a good time to revisit those policies to make sure they’re still compliant with NLRB decisions that have come in over the past year,” she said.
For example, “a semi-pro-employee decision came out of the NLRB that basically said that, if an employee is publicly critical in a way that the comments are maliciously untrue, then you can fire them — but employers need to be able to demonstrate that the comments were made with knowledge of their falsity or with a reckless disregard for their truth. That’s a high threshold to meet under those circumstances.
“Because this area is still emerging,” she added, “employees need to connect with their counsel to sort through these issues before they take action. You can’t unring that bell.”
Another potential shift in current thought involves the ‘like’ button on Facebook — specifically, whether simply liking a comment on Facebook is enough to be considered concerted activity, Gannon noted. “That’s something the NLRB is currently looking at. It’s kind of an interesting issue.”
O’Brien agreed that the picture is far from settled. “The board has provided a little more guidance on what’s acceptable or not acceptable. But it’s still constantly evolving, and an area employers need to stay on top of.”
Part of the reason social media has become such a scrutinized issue is the sheer volume of personal information being revealed on public websites.
“It’s a different world, but an interesting world, and employers really have to rely on outside counsel to keep them up to speed on what’s changing,” Gannon said.
“A policy that was OK in 2010 might not pass muster in 2013 based on advice memorandums that have come out from the board,” he continued. “Those policies might need to be revised. Employers need to be aware that this is an area of the law that’s constantly in flux. I’d be reviewing those policies in some way, shape, or form at least on an annual basis.”

Joseph Bednar can be reached at [email protected]

Law Sections
Many Pending Bills Will Have a Significant Impact on Employers

By ANNIE E. LAJOIE, Esq. and KARINA L. SCHRENGOHST

Annie Lajoie

Annie Lajoie

Karina L. Schrengohst

Karina L. Schrengohst

As we usher in the new year, employers should be mindful of pending legislation that has the potential to impact their businesses. Here are some things to keep an eye on.

Independent Contractors
One piece of legislation related to independent contractors potentially offers game-changing good news for employers. There are several bills proposed that would make independent-contractor status more feasible, one of which is universally germane. With the change of one word, this proposed legislation would make a previously insurmountable hurdle less challenging.
The proposed bill would change the ‘and,’ which currently requires satisfying an essentially impossible three-prong test, to an ‘or,’ which would allow categorizing an individual as an independent contractor even though he or she performs services that are within the company’s usual course of business.  While there would still be a presumption of employment, it would be phenomenally easier to establish an independent-contractor relationship.
In more good news for franchisors, another proposed bill would clarify that franchisees are independent contractors and not employees. A third bill would allow freelance writers, editors, proofreaders, artists, and similar persons who work out of their own residence whose work constitutes intellectual property, to which copyright laws apply, to be classified as independent contractors.
Massachusetts independent-contractor law is long overdue for a change. The proposed changes would allow employers to maintain independent-contractor relationships where previously the burden was virtually impossible and misclassification was a large risk with hefty penalties.

Non-compete Agreements
Our governor would like to do away with non-compete agreements. The first step toward this is proposed legislation that would further limit the enforceability of non-compete agreements between employers and employees. Pending bills seek to limit the duration of these restrictive covenants to as little as six months.
In addition, pending legislation would limit use of non-compete agreements to employees with a minimum salary of $75,000 per year. Similar to California employers, restrictive covenants may eventually be a thing of the past for Massachusetts employers.

Raising Minimum Wage
One challenge employers may face in the next year is an increase to the minimum wage. The Massachusetts Senate has already voted to raise the state’s minimum wage from $8 per hour to $11 per hour over a three-year period, and future increases would be tied to the rate of inflation.
Restaurant owners should take note that this legislation could have a detrimental impact on their business. This pending bill would increase the minimum wage for tipped employees from $2.63 per hour to half the minimum wage.
If this legislation passes, employers would see an increase as early as July 1, 2014.

Paid Sick Time
Pending legislation would mandate that employers provide sick time to full-time, part-time, and temporary employees. Here’s a breakdown:
• Employers with 11 or more employees would be required to provide up to seven paid sick days per year;
• Employers with six to 10 employees would be required to provide up to five paid sick days per year;
• Employers with five or fewer employees would be required to provide up to five unpaid sick days per year; and
• Employees would earn one hour of sick time for every 30 hours they work.
Unlike accrued vacation time, employers would not be required to pay unused sick time at separation. Also, seasonal employers would be exempt from these requirements. Finally, employers would still be able to require proof of need for the sick time, such as a doctor’s note.

Parental Leave Act
Legislators have set out to make the Massachusetts Maternity Leave Act gender-neutral. The Parental Leave Act would expand coverage to men. Significantly, under this bill, employers would be required to give written notice to employees prior to the commencement of the leave that taking longer than eight weeks of leave may result in the loss of rights and benefits or denial of reinstatement.

Domestic Violence Bill
Finally, under proposed legislation, employers with 50 or more employees would be required to provide up to 15 days of job-secured leave per year for victims of domestic violence, sexual assault, or stalking to take time off to attend to court, housing, health, or other issues related to the abuse.
With new legislation comes new challenges. Consequently, employers would be wise to consult with employment counsel to stay abreast of new legal obligations to ensure compliance.

Annie E. Lajoie, Esq. specializes exclusively in management-side labor and employment law at Royal LLP, a woman-owned, SOMWBA-certified, boutique, management-side labor and employment law firm; (413) 586-2288; [email protected]. Karina L. Schrengohst, Esq. is an attorney at Royal LLP; (413) 586-2288; [email protected]

Court Dockets Departments

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

CHICOPEE DISTRICT COURT
Arnold’s & Eddies Food Inc. v. West Street Bar & Grill Inc. d/b/a Maximum Capacity
Allegation: Breach of contract and monies owed: $7,054
Filed: 12/4/13

Gwendolyn A. Corden v. Family Dollar Store
Allegation: Negligent property maintenance causing injury: $3,640
Filed: 11/15/13

Ondrick Natural Earth, LLC v. Connecticut Valley Landscaping Inc. and Steve E. Bercume
Allegation: Breach of contract and monies owed: $5,516.49
Filed: 11/18/13

HAMPDEN SUPERIOR COURT
American Express v. Brent J. Bertelli and Bertelli Holdings
Allegation: Breach of contract: $39,000
Filed: 11/26/13

HAMPSHIRE SUPERIOR COURT
Blake Group Holdings Inc. d/b/a Blake Equipment v. Richard A. Baker d/b/a Geosun Design
Allegation: Non-payment of goods sold and delivered: $41,497.13
Filed: 12/10/13

NORTHAMPTON DISTRICT COURT
Donald F. Kelloway Jr. v. Core Security Technologies
Allegation: Suit on previous judgment: $3,337.24
Filed: 10/17/13

John P. O’Rourke v. The Hampshire Council of Governments
Allegation: Failure to pay wages: $3,859.24
Filed: 11/5/13

Sesac Inc. v. Cutting Edge Broadcasting Inc. d/b/a WEIB-FM 106.3
Allegation: Breach of performance license agreement: $16,867.64
Filed: 10/7/13

SPRINGFIELD DISTRICT COURT
Board of Trustees Wentworth Condominium Trust v. J.W.O. Realty Inc. and Tallage, IMR
Allegation: Unpaid condominium common-area charges: $4,669.50
Filed: 12/2/13

East Baking Co. Inc. v. Papa’s Bread & Snack Co.
Allegation: Non-payment of goods sold and delivered: $33,880.50
Filed: 12/4/13

Goodless Electric Co. Inc. v. Target Restoration Inc.
Allegation: Non-payment for electrical goods and services rendered: $8,852.90
Filed: 11/22/13

Jaya Lodgings, LLC d/b/a Candlewood Suites v. Energy Smart Resources Inc.
Allegation: Breach of contract, misrepresentation, and monies owed: $57,600
Filed: 12/2/13

Skyworks, LLC v. Optimum Building and Inspection Services Inc.
Allegation: Balance remaining for rental equipment provided: $4,928.50
Filed: 11/20/13

Features
Deadline Approaches for Finalizing the Class of 2014

BizDiffMakrsLOGO2011
The clock is ticking, but there is still time to nominate an individual or group for BusinessWest’s Difference Makers class of 2014.
Nominations, which can be completed online here will be accepted until the close of the business day (5 p.m.) on Dec. 20.
Difference Makers is the program BusinessWest launched in 2007 to recognize those who are, as the name suggests, making a difference in the region called Western Mass. Over the years, winners have come from a number of fields and been involved in a host of endeavors — from filling shelves in school libraries to creating a hugely successful fund-raiser to battle breast cancer; from fighting crime in Holyoke to making a community college more of a force in efforts to build a quality workforce in the region.
And in recent weeks, a number of nominations have been received that reinforce the notion that there are, indeed, many ways in which a group or individual can make a difference, said Kate Campiti, associate publisher of BusinessWest.
She noted that individuals and organizations representing several sectors, from healthcare to education to the nonprofit realm, have been nominated.
“Each year, we’re reminded that there are many ways to make a difference, and people and groups that are making a positive impact on overall quality of life in this region,” she said. “In recent years, we’ve had some hard decisions to make about who will be honored at our annual event in March, and this year is no exception.”
The class of 2014 will be selected by the editors and publishers of BusinessWest, and their stories will be told in a special section that will appear in the Feb. 10 edition of the magazine.
The annual Difference Makers awards event will be staged March 20 at the Log Cabin Banquet & Meeting House in Holyoke. For more information on the Difference Makers program, call the magazine’s editor, George O’Brien, at (413) 781-8600, ext. 102.


Previous Difference Makers:


2009

• Doug Bowen, president and CEO of PeoplesBank;
• Kate Kane, managing director of the Springfield office of Northwestern Mutual Financial/the Zuzolo Group;
• Susan Jaye-Kaplan, founder of GoFIT and co-founder of Link to Libraries;
• William Ward, executive director of the Regional Employment Board of Hampden County; and
• The Young Professional Society of Greater Springfield

2010

• The Irene E. and George A. Davis Foundation;
• Ellen Freyman, attorney and shareholder at Shatz, Schwartz and Fentin, P.C.;
• James Goodwin, president and CEO of the Center for Human Development;
• Carol Katz, CEO of the Loomis Communities; and
• UMass Amherst and its chancellor, Robert Holub.

2011
• Tim Brennan, executive director of the Pioneer Valley Planning Commission;
• Lucia Giuggio Carlvalho, founder of Rays of Hope;
• Don Kozera, president of Human Resources Unlimited;
• Robert Perry, retired partner/consultant with Meyers Brothers Kalicka; and
• Anthony Scott, Holyoke police chief.

2012
• Charlie and Donald D’Amour, president/COO and chairman/CEO, respectively, of Big Y Foods;
• William Messner, president of Holyoke Community College;
• Majors Tom and Linda-Jo Perks, officers of the Springfield Corps of the Salvation Army;
• Bob Schwarz, executive vice president of Peter Pan Bus Lines; and
• The Women’s Fund of Western Massachusetts.

2013
• Michael Cutone, John Barbieri, and Thomas Sarrouf, organizers of Springfield’s C3 Policing program;
• John Downing, president of Soldier On;
• Bruce Landon, president and general manager of the Springfield Falcons;
• The Sisters of Providence; and
• Jim Vinick, senior vice president of Investments at Moors & Cabot Inc.

Cover Story Economic Outlook Sections
Economy Gains Momentum, but There Are Still Some Hills to Climb

COVER1213b3As the director of Economic and Public Policy Research for the Donohue Institute at UMass, Dan Hodge has been involved in a number of initiatives in — and involving — Springfield.
He had a role in the post-tornado initiative called Rebuild Springfield, for example, and has been both a close observer and color commentator of sorts with regard to the many different types of development that have emerged over the past several years.
Summing up the mood, or attitude, he believes is taking shape in the City of Homes, he said, “people are asking, ‘when are things going to happen here?’”
The answer, he went on, is now, or very soon.
Indeed, 2014 could be a watershed year, especially for Springfield, but also for the surrounding region, he said, noting such initiatives as the long-awaited redevelopment of Union Station and the recent announcement that UMass Amherst will proceed aggressively with establishment of a so-called satellite center at Tower Square, a $25 million undertaking.
And then, there’s that casino project that MGM Resorts International wants to build in the city’s South End. It is, at the moment, the only bidder for the coveted Western Mass. casino license still on the table. If MGM’s plan wins the favor of the Mass. Gaming Commission, and if the entire gaming initiative isn’t delayed — or waylaid — by a statewide referendum question now picking up speed (two big ‘ifs’), then cranes could start appearing on Main Street by next fall.

Dan Hodge

Dan Hodge says 2014 could be a year when things start to pick up, not only in Springfield, where many projects are expected to get underway, but with the economy in general.

“I think we could move from hearing people say, ‘it’s never going to happen,’ to ‘I think it’s going to happen,’ to ‘hey, it’s really happening,’” he noted, referring specifically to long-discussed projects like Union Station, but also to the city’s recovery in general.
And in some ways, the same can be said for the economy itself, said Hodge, noting that after four and a half years of tepid — at best — recovery, this region, and the state as a whole, is poised for something more substantial.
In fact, things started to improve late this year, said Alan Clayton-Matthews, senior contributing editor for MassBenchmarks and an associate professor of Economics and Public Policy at Northeastern University.
Massachusetts gross domestic product (GDP) grew at an annual rate of 3.5% in the third quarter of 2013, nearly a percentage point higher than the country as a whole, he noted, adding that this improvement (the state grew at only 1.7% in the second quarter) was due to slow but better job growth, rising wages and salary incomes, and a higher rate of spending on items subject to sales taxes. A recovering housing market and more robust consumer and business spending are driving economic growth and providing much-needed relief from what he called “considerable fiscal drag” in the form of mandated sequestration spending cuts and higher payroll taxes than last year.
Fourth-quarter numbers won’t be out for a few weeks, but Clayton-Matthews expects those trends to continue into next year, for which he projects further improvement to the employment picture, which is the real driver of additional spending.
“There are positive signs that private demand is picking up, and there is some backlog in demand that is now being felt in the market because of improving employment and household incomes, and improving wealth in households thanks to rising home prices and rising stock markets,” he said. “The net effect is that the economy is growing, and that will probably continue.”
However, discussion of the state and national economy and projections for brightening skies have come with a host of caveats in recent years, and 2014 will be no exception, said Michael Goodman, co-editor of MassBenchmarks and associate professor of Public Policy and chair of the Department of Public Policy at UMass Dartmouth.
Such caveats include the global economy, which continues to be weak, with several European countries still struggling with massive debt issues, and especially that aforementioned ‘drag,’ which has the potential to become significant and slow the pace of progress, he said, before using some terms more suited for driving to effectively get his points across.
Michael Goodman

Michael Goodman says the ecomic skies seem to be brightening, but several forces — some of them well out of the state’s control — could impede progress.

“When it comes to monetary policy, we have the pedal to the metal,” he told BusinessWest, referring to Federal Reserve policies intended to fuel confidence, bolster the markets, and generate growth. “But with fiscal policy, we have the emergency brake on.”
Indeed, while a year that gave us the dreaded fiscal cliff, sequestration, and a government shutdown is drawing to a close, he noted, the turmoil, partisan politics, and what he called “brinksmanship” on Capitol Hill remain, and there will be more recovery-threatening decisions to be made in the weeks and months to come.
“So how far is that car going to go?” he asked, returning to his analogy. “Given the recent track record, which isn’t incredibly encouraging, I think more of the same is the most sensible outlook.”
For this issue, BusinessWest takes its annual year-end look at the economy and the prospects for the future. The consensus is that, while this region appears to be picking up steam, there are still some big hills to climb.

On-the-money Analysis
As he talked with BusinessWest about the economy, the ongoing but limited recovery, and the forces that will shape the foreseeable future, Goodman summoned that old Chinese proverb (some would call it a curse): ‘may you live in interesting times.’
Some would use a different adjective to describe this period, but that term works, he said, adding that this has certainly been an intriguing time in which to watch the economy, discuss developments in the classroom, and attempt to make projections about what will happen next.
Clayton-Matthews agreed, and set the tone for his analysis by saying, “this has been a nightmare of a recession.”
And by that, he meant both the actual downturn, the so-called Great Recession, which officially ended toward the middle of 2009, and the often-painfully slow recovery that followed.
In many respects, it has been like the recession of the late ’80s and early ’90s — noted in Massachusetts for the loss of an entire industry (minicomputers), multiple bank failures, a 12% reduction in GDP, and an equally long and slow recovery period — but in some ways, especially the force of the turbulence confronting progress, it’s been worse.
But is the nightmare over?
That’s the $64,000 question, said Clayton-Matthews, adding that there are definitely signs that it might be.
These include three consecutive months of payroll growth registered in August, September, and October, he said, adding that, while the gains were outwardly not significant (perhaps 1.5%), they are made more impressive by the “significant headwinds coming from the federal government,” as he called them, referring to everything from sequestration to the shutdown.
“Considering all that, it’s nice that we’re having any payroll growth,” he said. “This is much faster growth than I was expecting.”
Clayton-Matthews said the payroll figures contradict, to some extent, household-survey results, which indicate that that there are fewer Massachusetts residents working now than at this time last year, but overall, he considers the payroll numbers more reliable, and he believes they translate into improving confidence and increased spending.
“It appears that both the national and state economies have been growing — not at a rapid rate, but they’ve been growing,” he said. “And that has been resulting in higher levels of employment and, therefore, household income, and the ability to spend and the willingness to spend.”
Cliff Noreen, president of Babson Capital, which has more than $188 billion in assets under management, agreed, offering this broad summation: “the U.S. economy continues to heal, but is not yet healthy.”
Elaborating, he said he has a host of numbers he can summon that would seem to justify optimism about the economy and where it’s heading, but also give credence to his belief that the healing process is far from over.

Cliff Noreen

Cliff Noreen says the economy is healing, but is not yet healthy, although it is likely to get healthier in 2014.

Start with those concerning corporate profits, which have reached record levels — $1.83 trillion — and are outperforming a stock market that is up more than 25% for the year, although this growth is attributable far more to cost-cutting and other efficiencies rather than climbing revenues.
Meanwhile, government debt, which exceeded more than $1 trillion a year ago, is now down to $650 billion, he noted, adding that, while this number is still historically high, the drop is encouraging. Meanwhile, there was more good news in the November jobs report, which revealed that the economy is up 2.1 million jobs this year and unemployment fell to 7% for the first time in five years.
“It does seem like the economy is finally getting stronger,” he told BusinessWest. Every year, we sit here and we hear that the economy will be stronger next year, and it doesn’t get stronger. But this year, it appears the economy is actually strengthening, and we should be into a better economic environment in 2014.”
Looking ahead, based on data in the New England Economic Partnership forecast for Massachusetts, Clayton-Matthews expects employment growth to continue and accelerate through 2014 into 2015, largely because of those rising numbers for employment and income and the resulting trickle-down effect, and expectations that the drag from the federal government, while still a factor, will be less impactful.
By 2015, payroll growth in the Bay State is expected to hit 2%, he went on, adding that the growth will come across many sectors of the economy, but especially construction (especially as the housing market improves), professional and business services, leisure and hospitality, education, healthcare, and the ‘information,’ or technology, sector.
After 2015, payroll growth is expected to taper off, due mostly to the escalating number of retiring Baby Boomers (a phenomenon that presents another challenge for the Commonwealth and its employers), but the immediate future is looking more promising.

Work in Progress
But while the economic skies would seem to be brightening, there are many forces that could impede progress, said Goodman, adding quickly that many of these forces originate outside the borders of this state, and the country, for that matter.
And with that, he returned to what he called “ongoing political shenanigans” on Capitol Hill, and his analogy to hitting the gas at the same time the emergency brake is on.
“The Fed is doing everything in its power to encourage growth,” he said. “It’s keeping interest rates low, it’s making it more attractive to borrow, it’s increasing the monetary supply through quantitative easing … the Fed is just trying to snap us out of this by encouraging investment and sparking economic growth.
“But at the same time, we’ve been engaging in these austerity-related budget policies,” he went on. “We have sequestration, the inability of the federal government to even pass a budget, moving from continuing resolution to continuing resolution, which injects all kinds of uncertainty into important parts of the economy, and the periodic brinksmanship, which has had such a demonstrably negative impact on economic activity in the periods leading up to those moments of truth.”
Although the Senate eventually passed a budget last week, other challenges loom. In another eight to 10 weeks, the latest continuing resolution that allows the federal government to continue operating will come to an end, said Goodman, adding that the debt ceiling is also nearing its limit. Which means there are more moments of truth to come, and they make it extremely difficult to project what will happen nationally and regionally.
Meanwhile, the same is true for what’s happening — or not happening — overseas, he said, adding that the international economy remains weak, and its overall health is certainly something well beyond the control of state and national leaders.
But it bears watching because of the Bay State’s strong export economy and its vulnerability to adverse conditions in Asia and especially Europe, where more than 40% of the state’s exports wind up.
“That’s been a growth driver for the entire state, and it has allowed us to do, until quite recently, a bit better that the country as a whole,” he said, referring to what’s generally referred to as the ‘innovation economy.’ “We’ve grown a bit faster until very recently, and we’ve had quite a difficult time with employment, housing, and other areas, even though we’ve certainly had challenges.
“All of that is driven by businesses and consumer markets around the world purchasing our products and services,” he continued, listing everything from healthcare to computer technology. “All of these things have been driven by demand from around the world, and we don’t know what’s going to happen with that demand.”
Compounding this vulnerability is the general uncertainty, not to mention actual cutbacks, in federal spending resulting from sequestration and other austerity measures, he went on.
“The fuel for the innovation economy has been not just that international and national private demand, but also federal funds in the form of research dollars, government contracts, and government expenditures,” Goodman explained. “When we think about the Pioneer Valley and its precision-manufacturing base and its reliance on government funding, the changes that are taking place, with many of them resulting from government policy choices, are putting some downward pressure on demand and creating a lot of uncertainty.”
At the same time, there are some other forces at play with regard to the economy, he went on, noting, for example, that many of those aforementioned products and services being exported but also sold in this country are enabling businesses to effectively do more with less, meaning fewer employees, which is certainly contributing to tepid gains in employment.
Also, noted Hodge, Massachusetts is facing the difficult challenge of creating employment opportunities for those without a college education, who increasingly face the prospect of being left behind in this innovation economy.
Elaborating, he said the state’s unemployment rate is at essentially the same level as the rest of the country — 7%. But because this state has a higher percentage of people with college degrees than other states, its unemployment numbers are skewed toward those who are less educated.
“This is a big challenge for the state,” he said, adding that there are several initiatives being undertaken, and a workforce study involving the Donahue Institute and the Pioneer Valley Planning Commission has been launched in an effort to identify strategies for enabling more members of this demographic to enter the workforce and stay in it. “One of the things we keep hearing is that there are some good programs out there, but they’re just not reaching enough people.
“The unemployment rate in Springfield is still over 10%, and it’s the same in Holyoke,” Hodge went on. “And the longer people are detached from the workforce, the less they see a future, and the harder it’s going to be for them. This is a big segment of the population, and it’s a largely untapped resource.”

The Bottom Line
When asked if it’s difficult to make a projection for the future of the regional and state economies, Clayton-Matthews laughed.
“It’s not difficult to make a projection,” he said, responding to the specific wording of the question. “But it is difficult to make an accurate projection.”
That’s because, while many arrows are pointing up, there are those headwinds to consider, as has been the case since the recession officially ended and the recovery, such as it is, began.
If all goes well — or at least better than it has — then that emergency brake Goodman mentioned may finally be taken off, and if it does, then the economy might actually be able to pick up some speed.

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

Departments Picture This

Send photos with a caption and contact information to:  ‘Picture This’ c/o BusinessWest Magazine, 1441 Main Street, Springfield, MA 01103 or to [email protected]

Night at the Museum

IMG_1153Herbie,-Tim-Allen-and-three-othersHolly,-Stuart,-Carol-&-Noel-LearyAt a sold-out Holiday Gala 2013 on Dec. 5, attendees enjoyed cocktails at the Michele and Donald D’Amour Museum of Fine Arts before strolling across the Quadrangle for an elegant dinner in the Lyman and Merrie Wood Museum of Springfield History.  The annual event, which benefits the Springfield Museums, featured live jazz by Berkshire Jazz Underground and vocalists from Springfield College. Top right: from left, Brian Lees, former Hampden County Clerk of Courts; Heriberto Flores, executive director, New England Farmworkers Council; Mary-Beth Cooper, president of Springfield College; Tim Allen, United Way of Pioneer Valley and Springfield city councilor; and Vanessa Otero, director of the North End Campus Coalition. Bottom left: from left, Stuart Prall; Holly Smith-Bové, Springfield Museums president; Carol Leary, president of Bay Path College; and her husband, Noel Leary.
Photos by Ed Cohen

Going Out in Style

IMG_1161IMG_1159More than 175 friends, colleagues, and area business owners and managers turned out at the Castle of Knights in Chicopee on Dec. 9 to honor Gail Sherman, who recently announced that she will be retiring after 17 years as director of the Greater Chicopee Chamber of Commerce. At left: Sherman with Ron Proulx, business director of Dave’s Truck Repair in Springfield and chairman of the chamber’s board of directors. Right, Sherman shares a moment with Joe Peters, former chairman of the chamber’s board and CEO of Universal Plastics, and Doris Ransford, longtime director of the Greater Holyoke Chamber of Commerce, who partnered with Sherman on a number of initiatives and retired herself in 2012.

Into the Next Phase

BWard-Retire-Party-72BWard-Retire-Party-96BWard-Retire-Party-131BWard-Retire-Party-117The Regional Employment Board (REB) of Hampden County staged a retirement party for long-time executive director Bill Ward on Dec. 10 at the Log Cabin Banquet and Meeting House in Holyoke. More than 300 friends and associates, including local, state, and national political leaders, honored Ward — who was one of the first winners of BusinessWest’s Difference Makers award — for his more than 30 years of tireless work to address and improve workforce issues. Left to right from top left: Ward poses with Michael Ashe, Hampden County Sheriff; Team Hoyt, son Rick and father Dick, with Ward, a one-time chairman of the board at Kamp for Kids, a camp for physically disabled and able-bodied children founded by the Hoyt family; Ward is flanked by son Christopher, customer service representative for Fedex, and daughter Michelle Ward, a writer and reporter for People magazine; REB staff members gather around Ward after the festivities.Photos by Michael Epaul

Bottom right photo by Ed Cohen

Departments People on the Move

A. Hazel Mugo

A. Hazel Mugo

The law firm Bulkley Richardson announced that A. Hazel Mugo has joined the firm as Counsel. A member of the Business and Finance Department, she focuses her practice on general corporate, business, and financial law and commercial transactions. Mugo works principally in Bulkley Richardson’s Springfield office, and is also a member of the New York Bar. She has advised borrowers and lenders on all aspects of financing, including secured and unsecured debt financing, and venture-capital and acquisition financing. She has also advised financial institutions on private placements and securities-law matters. Mugo teaches mutual-fund and hedge-fund law at the University of Connecticut School of Law on an adjunct basis, and serves as a fellow at the school’s Insurance Law Center. She earned her doctorate and LL.M. from Harvard Law School, and LL.B., magna cum laude, from the University of Nairobi in Kenya, and practiced as a corporate associate at major international firms.
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Caron LaCour

Caron LaCour

West Springfield-based Burkhart, Pizzanelli, P.C. announced that Caron LaCour has joined the certified public accounting firm. LaCour’s prior experience includes six years with J.M. O’Brien & Co., P.C. as a Senior Tax Specialist and 11 years as a Staff Accountant for Kostin, Ruffkess & Co., LLC. LaCour received her BS in Accounting from Western New England University.
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David Chase

David Chase

The Gray House recently inducted David Chase, Vice President/Commercial Lender at Hampden Bank in Springfield, to its board of directors for a three-year term. The nonprofit organization is a small neighborhood human-services agency that assists neighbors facing hardships in meeting their immediate and transitional needs by providing food, clothing, and educational services in a safe, positive environment in the North End of Springfield. Chase, who has more than 20 years of banking experience, also serves on the Agawam Planning Board, is a member of the Board of Directors of the West of the River Chamber, and is a member of the Rotary Club of Springfield.
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Hampden Bank recently announced the following:
Amy Scribner

Amy Scribner

Amy Scribner has been promoted to Vice President and Director of Marketing. She joined Hampden Bank in 1990 and has worked in the Marketing Department since 2002. She is now responsible for the support of the bank’s strategic marketing initiatives as well as all marketing and advertising; and
Tara Corthell

Tara Corthell

Tara Corthell has been promoted to Senior Vice President and Director of Finance. She joined Hampden Bank in 2005 as the Financial Manager; she previously worked at Investors Bank & Trust in Boston as a Reporting and Compliance manager. Corthell will oversee all of the organization’s financial functions.
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The Greater Holyoke Chamber of Commerce announced its first-ever Chamber Ambassador of the Year Award, honoring Darlene Morse, Business Account Representative at CareerPoint. Morse received the award after volunteering the most hours of any ambassador this past year. Since becoming an ambassador in 2006, Morse has attended and assisted in over 100 events. Morse and her manager, CareerPoint Executive Director David Gadaire, will be honored at the chamber’s Holiday Business Breakfast on Dec. 11 at the Delaney House in Holyoke.
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Ralph Abbott Jr.

Ralph Abbott Jr.

Skoler, Abbott & Presser, P.C., a Springfield-based labor and employment law firm serving the Greater Springfield area, announced that Ralph Abbott Jr. was named to the Best Lawyers 2014 Springfield, Mass., as Labor Law-Management Lawyer of the Year. A partner in the firm since 1975, Abbott represents management in labor relations and employment-related matters, providing employment-related advice to employers, assisting clients in remaining union-free, and representing employers before the National Labor Relations Board. Those honored as Lawyers of the Year have received particularly high ratings in surveys by earning a superior level of respect among their peers for their abilities, professionalism, and integrity. This is Abbott’s second win in three years.
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Allison Chen has been named Manager of Great Ideas at Springfield Technical Community College (STCC). Formerly with Fidelity Investments in Smithfield, R.I., Chen brings her experience in business analysis, customer experience, satisfaction planning, and service delivery with her to STCC, where she will serve as Manager of Great Ideas, a ‘Voice of the Associate’ program implemented at the college in 2011 to better serve the campus community. The Great Ideas program has implemented more than 1,500 employee ideas with a projected cost savings to the college of more than $700,000. Chen earned her BS in 1997 from the UMass Amherst and her MBA from Boston College in 2011.
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Elvira Loncto

Elvira Loncto

Elvira Loncto, a Service Line Manager of Geriatrics and Extended Care at VA Central Western Massachusetts Healthcare System, was recently honored at the 11th annual Excellence in Government Awards luncheon, hosted by the Federal Executive Assoc. of Western Massachusetts (FEAWM) at the Log Cabin Banquet & Meeting House.  The FEAWM recognizes the best and the brightest employees in federal service in the region in 15 categories. Loncto supervises staff in seven community-care programs, is the local administrator of the Community Living Center, and oversees a substantial budget, which impacts older enrolled veterans from Berkshire County to Fitchburg.
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The Springfield Group of Northwestern Mutual recently appointed Cathy Hunter, Nico Santaniello, and Timothy Barnes as Financial Representatives. They will join a network of specialists offering a wide array of products including business-continuation planning, business risk management, financial planning, retirement planning, and more. Before joining Northwestern Mutual, Hunter was a Real Estate Broker at Goggins Real Estate in Northampton, and received a bachelor’s degree from West Chester University of Pennsylvania. Previous to joining Northwestern Mutual, Santaniello was a Teller at TD Bank in Longmeadow, and received a bachelor’s degree in Finance from Western New England University. Prior to his new position, Barnes was Life Enhancement Director at Loomis Communities, and received an associate’s degree from Holyoke Community College and a Community Health certificate from Springfield Technical Community College.

Briefcase Departments

Tolosky Steps Down as Baystate President, CEO
SPRINGFIELD — Mark Tolosky has decided to end his tenure as president and CEO of Baystate Health effective July 1, 2014. Tolosky, who has served in that role since 2004, will be succeeded by Dr. Mark Keroack. “It is an extraordinarily difficult decision to give up the privilege of serving so many people in our community and touching so many lives,” said Tolosky, whose decision culminates a longstanding personal and professional plan to transition his leadership of Baystate. “But I’m confident that now is the right time to move on to my next phase, as my Baystate colleagues continue to lead the way in transforming healthcare toward greater quality, accessibility, and affordability.” The Baystate Health board of trustees has unanimously approved the appointment of Keroack, a native of Springfield, to assume the role of president and CEO of Baystate Health next year. As an interim step, on Jan. 1, 2014, Keroack will assume the additional title and authority of president and CEO of Baystate Medical Center.
“It is a great honor to be selected as the next leader of this wonderful organization,” said Keroack. “The new healthcare world will require an unprecedented level of connectedness between nurses, doctors, and allied health professionals; between specialty and primary care providers; between those who touch our patients and those who support them; between health plan and delivery system; and across all the communities and regions that we serve. I am excited to continue this great work, here in the town where I grew up, and across all of Western Mass., to achieve a higher state of caring for the people we serve.” 
Keroack’s father, Dr. Alvin Keroack, served the Sixteen Acres community of Springfield for many years as a general practitioner and occasionally brought his son, Mark, to what was then Springfield Hospital (now Baystate Medical Center) for rounds. Keroack’s mother, Mary Phaneuf Keroack, was a nurse and graduate of the Springfield Hospital School of Nursing, which became the Baystate School of Nursing. Tolosky joined Baystate in 1992 as executive vice president of Baystate Health and CEO of Baystate Medical Center. In 2004, he was promoted to president and CEO of Baystate Health. Under Tolosky, Baystate has been named one of the nation’s top 15 integrated health systems, and its hospitals, services, and employees have received multiple prestigious healthcare-quality honors. “Mark’s vision has been not only to transform the quality of our care, but our presence across the region as well,” said Victor Woolridge, chair of the board of trustees. “In the last 15 years, we have reinvested over $750 million into our communities and dramatically improved the facilities and services available to patients across Western Mass.” Baystate’s facility investments during Tolosky’s tenure include the $300 million expansion of Baystate Medical Center in 2012, comprising the MassMutual Wing, the Davis Family Heart & Vascular Center, the Harold Grinspoon and Diane Troderman Adult Emergency Department, and the Sadowsky Family Pediatric Emergency Department; recent renovations at Baystate Franklin Medical Center and Baystate Mary Lane Hospital; the construction of the Chestnut Surgery Center, the 3300 Main St. outpatient center, the D’Amour Center for Cancer Care, the Baystate Orthopedic Surgery Center, and the Baystate Children’s Specialty Center, all in Springfield, where a formerly underused stretch of Main Street in the North End is now a burgeoning ‘Medical Mile’; as well as many other upgrades in facilities and clinical capabilities across the Baystate Health system. After the July transition, Tolosky will assume the title of president emeritus and support his successor Keroack as needed. “I look forward to working closely with Dr. Keroack over the next six months to continue to advance relationships critical to the success of our organization and the health of our community, while transitioning the duties of CEO,” said Tolosky. Prior to joining Baystate Health, Keroack served on the faculty of the University of Massachusetts for 12 years. During that time, he was a busy practitioner focusing on HIV and AIDS care and won five annual teaching awards. He subsequently provided executive leadership at UMass Memorial Health Care in Worcester as vice president for Medical Management and later as the first executive director of the 700-physician UMass Memorial Medical Group. He then joined University Health System Consortium (UHC) in Chicago, where he served as senior vice president and chief medical officer. There, he oversaw programs for clinical and operational performance improvement, faculty group practice management, patient safety, and accreditation. Keroack graduated from Amherst College and Harvard Medical School, and received his MPH from Boston University. He trained in internal medicine and infectious diseases at Brigham and Women’s Hospital in Boston.

Construction Adds 17,000 Jobs in November
WASHINGTON, D.C. — Construction employers added 17,000 jobs in November as the sector’s employment hit the highest level since August 2009, and the industry unemployment rate fell to 8.6%, according to an analysis of new government data by Associated General Contractors of America. Association officials noted that the new employment figures come as construction spending levels hit a four-year high in October. “While these new employment figures are very encouraging, growth remains uneven by segment, region, and time period,” said Ken Simonson, the association’s chief economist. “There are likely to be continuing variations in growth between home building, private non-residential, and public sector.” Construction employment totaled 5,851,000 in November, an increase of 178,000 from a year earlier, Simonson noted. But while employment grew by 3.1% during the past year, construction employment remains nearly 1.9 million below the sector’s April 2006 peak. Meanwhile, the unemployment rate for workers actively looking for jobs and last employed in construction declined from 12.2% in November 2012 to 8.6% last month. Non-residential construction firms added 7,900 new jobs in November, while residential firms added 8,400 jobs. While every segment of the construction industry added jobs in November, heavy and civil engineering firms — which are most likely to perform federal construction work — added the least amount, only 200 jobs. Meanwhile, residential specialty trade contractors added the most new jobs during the past month, 7,100. The number of unemployed construction workers dropped from 988,000 in November 2012 to 706,000 in November 2013, a decline of 282,000.

Unemployment Rates Fall for Both Women, Men
WASHINGTON, D.C. — According to analysis by the Institute for Women’s Policy Research (IWPR), due to continued job growth in November, women hold more jobs on payrolls than ever before, while men have regained 75% (4.5 million) of the jobs they lost during the recession. Of the 2.3 million jobs added to payrolls in the last year, 51% were filled by women, and 49% were filled by men. Nonetheless, men held 1.6 million more jobs than women in November.
IWPR’s analysis of the December employment report from the U.S. Bureau of Labor Statistics (BLS) finds that, of the 203,000 total jobs added in November, women gained 94,000 of those jobs (46%), while men gained 109,000 jobs (54%). Women’s employment growth was strongest in education and health services (39,000 jobs gained by women), professional and business services (17,000 jobs), and retail trade (15,600 jobs). If the number of jobs had grown as fast as the working-age population since the start of the recession, women would hold 3.8 million more jobs in November 2013, and men would hold an additional 5.4 million.
“While unemployment is dropping and men are steadily regaining the jobs they lost during the recession,” said IWPR Study Director Jeffrey Hayes, “employment growth for both men and women hasn’t caught up with population growth. We still need to focus on creating jobs — especially jobs that pay well and provide benefits.”
According to the household survey data reported by the BLS, the unemployment rate decreased to 6.7% in November for women and 7.3% for men. Among single mothers, however, the unemployment rate increased slightly to 9.7%.
The November data builds on IWPR’s analysis of trends that emerged in the first four years of the recovery, notably the relative growth in industries — such as education and health services — with high concentrations of women workers, and the contraction in government jobs and their effects on job growth for both men and women. The Institute for Women’s Policy Research conducts research and disseminates its findings to address the needs of women and their families, promote public dialogue, and strengthen communities and societies.

MGM Resorts Found Suitable for Casino License
BOSTON — Investigators for the Massachusetts Gaming Commission recently recommended that MGM Resorts International be found suitable to apply for a casino license, subject to certain conditions. MGM is planning an $800 million casino project in Springfield’s South End. Among the conditions investigators posed, MGM must satisfy the commission that its business practices in Macau meet a legal standard of “responsible business practices” in any jurisdiction, and must also satisfy the commission regarding Terry Christensen, a former member of the MGM board who resigned after a federal indictment for wiretapping and conspiracy. MGM is the sole remaining applicant for a casino license in Western Mass. after voters in West Springfield and Palmer rejected casino proposals earlier this year. Springfield voters approved a casino by a 58-42 margin. At press time, the five-member Gaming Commission was expected to vote on whether MGM is suitable to apply for a casino license in Springfield. MGM owns 99% of the Springfield project, and local hotel owner Paul Picknelly owns 1%, investigators reported.

Opinion
Maybe 2014 Will Be the Year

EditorialPenWSJThe recession of the late ’80s and early ’90s was memorable for many reasons.
For starters, there was the swiftness with which it brought an end to the go-go ’80s and the real-estate boom that changed this region in so many ways. The building stopped, the for-sale signs went up (and stayed up), and the properties eventually went to foreclosure and back to the banks and their OREO (other real estate owned) portfolios to wait for a better day.
As for those banks, some of them disappeared from the landscape entirely, while others were absorbed by larger institutions, with their names lost to history. For those that survived, it was a difficult time of intense scrutiny and tighter regulation that made day-to-day life exponentially more difficult.
There was also the collapse of the minicomputer and the end of the so-called Massachusetts Miracle, and a prolonged residential real-estate slump.
But for most who were in business then, the recession will be remembered for the recovery — if one could call it that — that followed and how painfully slow and meager it was. The common refrains were, alternately, ‘when are things going to get better?’ and ‘are things ever going to get better?’
The current recovery hasn’t been quite that bad, although we would say it comes close. Things are certainly better than they were in 2008 and early 2009, and conditions have improved from just a few years ago — they just haven’t improved as much as business owners would like.
There are many reasons why, but it boils down to two things. First, there’s general uncertainty about what will come next, which is still causing hesitation on the part of many when it comes to expansion, new initiatives, and projects that can absorb space in the region’s many industrial parks. Second, there has been only marginal improvement in the employment picture, especially in many of the larger communities in this region, such as Springfield and Holyoke.
We all know from our history, especially as it pertains to the Great Depression, that when people are not employed, they are not spending money. When they are employed, well, they’re more inclined to spend, which helps companies grow, which prompts investments and expansion, which puts more people to work, which prompts more spending … you know the cycle, and you watched it happen in the mid-’80s and again in the late ’90s.
As 2013 draws to a close, it appears that we’re perhaps, and finally, on the cusp of recovery that might prompt people to bring out the word ‘real.’ The economists we spoke with (see story, page 15) were careful to hedge their bets and offer caveats, especially those related to the dysfunctional government in Washington and a still-shaky global economy.
But there are ample signs, including an improved housing market, a solid November jobs report, and modest payroll growth in the Bay State, to indicate that the economy is in fact getting healthier, and this trend will continue and likely accelerate in the year to come.
Let’s hope the projections are right. This recovery hasn’t been quite as bad as the one in the early ’90s, but it has been long, slow, and for the most part unremarkable.
The year ahead will likely see the start of construction of an $800 million casino in the South End of Springfield, creation of a UMass satellite facility in Springfield, real progress on Union Station, and other initiatives. It would be helpful if all that was accompanied by an economic expansion that touched all sectors.
There’s still a great deal of uncertainty and turmoil to deal with, but it looks like it’s time to change the music to something a little more upbeat.
Let’s hope so.

Departments People on the Move

Freedom Credit Union, which has nine branches throughout the Pioneer Valley, recently announced the following:

Patricia Carbee

Patricia Carbee

Patricia Carbee, Freedom’s Assistant Vice President of Internal Auditing, has been promoted to Vice President and Director of Enterprise Risk Management. Carbee, with more than 33 years of experience in the finance industry, including expertise in regulatory auditing, compliance auditing, lending, and management, will manage risk management, guide the development of a risk-based culture throughout all product lines, and oversee the Compliance Department, loan-litigation matters, and business continuity. Most recently, she was an Auditor with New England Credit Union Services, LLC, a division of the Massachusetts Credit Union League. Carbee earned her bachelor’s degree in Business Administration from Nichols College. She is also member of the Assoc. of Credit Union Internal Auditors and the Mass. Bankers Internal Auditors Assoc.;
Jeffrey Smith

Jeffrey Smith

Jeffrey Smith joined Freedom as Chief Lending Officer and will manage commercial, mortgage, and consumer lending activities. Smith has 30 years of lending experience in the financial-services industry and has held several senior management positions throughout his career, including his most recent position as Vice President at Florence Savings Bank. Smith earned his bachelor’s degree from the University of Maine at Orono and his MBA in Finance from Western New England University. He is currently President of the Northampton Rotary Club and a member of the Realtor Assoc. of Pioneer Valley. Smith has also been an instructor for the Center for Financial Training since 1994, teaching courses on subjects such as real-estate finance, marketing, accounting, and analyzing financial statements; and
Nora Braska

Nora Braska

Nora Braska was named Freedom’s Training and Development Officer. She is responsible for managing employee training of Freedom’s staff and overseeing their professional development. Braska has more than 20 years of experience in the financial-services industry, including her most recent position as Assistant Vice President and Training Officer at Hampden Bank. She is a board member of the Center for Financial Training – Springfield Regional Council, and is a member of the Professional Women’s Chamber of Western Mass.
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Jonathan Goldsmith, Esq

Jonathan Goldsmith, Esq

Jonathan Goldsmith, Esq., a partner in the Springfield-based law firm Goldsmith, Katz & Argenio, P.C., was selected as the first recipient of the Massachusetts Bankruptcy Court Pro Bono Award for Western Mass. Goldsmith received the recognition from the U.S. Bankruptcy Court for the District of Massachusetts. Goldsmith was presented the award by at a special reception held at the John Joseph Moakley Courthouse in Boston on Oct. 23. The program honors those in the legal professions who have improved the availability of and delivered volunteer legal services in Massachusetts, and recognizes those who have served their local communities as well as assisted in the administration of justice in the U.S. Bankruptcy Court. For more than 25 years, Goldsmith, a specialist in bankruptcy and commercial law, has represented debtors, secured and unsecured creditors, trustees, financial institutions, and creditors’ committees. Goldsmith received his bachelor’s degree from Boston College and his juris doctor degree from Western New England University School of Law.
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Jewish Geriatric Services (JGS), a healthcare system serving seniors and their families for more than 100 years, recently announced the following:
Alta Stark has been named Director of Marketing & Public Relations and is responsible for ongoing marketing, public relations, and corporate communications for JGS and its affiliates. Stark comes to JGS from Baystate Health, where she spent more than six years as a senior communications specialist. Stark holds a master’s degree in Television, Radio & Film from the S.I. Newhouse School of Public Communications at Syracuse University and graduated from SU’s College of Visual and Performing Arts with a bachelor’s degree in Advertising Design.
Darlene Francis has been named Executive Vice President of Wernick Adult Day Health Care Center, located on the Harry and Jeanette Weinberg Campus of JGS. Francis is responsible for directing, supervising, and coordinating daily activities for participants at Wernick. Most recently, Francis was the practice manager of the JGS Family Medical Practice, which closed in June 2013. Francis received an associate’s degree in Medical Assisting from Springfield Technical Community College, and is certified by the AAMA. She also holds a bachelor of science degree in Business Administration from American International College, where she earned the Martha Wilson Memorial Award.
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Jonathan Goldsmith, Esq

Jonathan Goldsmith, Esq

Amy B. Royal, Esq., Founding Partner of Royal LLP, the woman-owned, boutique, management-side labor and employment law firm, has been elected to serve as the Vice Chairperson of the Board of Directors for the Center for Human Development Inc.
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TD Bank has promoted Lauren Winters to Store Manager of the 412 Boston Road store location. Winters is responsible for new-business development, consumer and business lending, managing personnel, and overseeing day-to-day operations. Winters has six years in banking centered on the customer experience, operations, and training. She joined TD Bank in 2011 and most recently served as an Assistant Store Manager in Chicopee.

Chamber Corners Departments

ACCGS
www.myonlinechamber.com
(413) 787-1555

• Dec. 4: ACCGS Business @ Breakfast, 7:15-9 a.m. Hosted by the Colony Club, Springfield. Community Foundation of Western Mass. President Katie Allan Zobel will explore the value of philanthropy, report on the success of the inaugural Valley Gives, and provide a sneak peek at this year’s 12-12-13 event. Sponsored by Masiello Employment Services. Reservations are $20 for members, $30 for general admission, including complimentary beverages and hors d’oeuvres.  Reservations may be made online at www.myonlinechamber.com.
• Dec. 11: ACCGS Lunch ‘n’ Learn, 11:30 a.m. to 1 p.m. Hosted by La Quinta Inns & Suites, 100 Congress St., Springfield. The program, “The Power of E-mail Marketing,” is a comprehensive look at best practices and winning strategies for getting an audience to open, read, and act on an email. Presented by Liz Provo, authorized local representative for Constant Contact. Reservations are $20 for members, $30 for generation admission, including networking time and a boxed lunch. Reservations may be made online at www.myonlinechamber.com or by calling Cecile Larose at (413) 755-1313.

AMHERST AREA CHAMBER OF COMMERCE
www.amherstarea.com
(413) 253-0700

• Dec. 11: Chamber After 5/Holiday Party, 5-7 p.m. Hosted by the Lord Jeffery Inn, 30 Boltwood Ave., Amherst. Sponsored by Amherst Laser & Skin Care. Make new contacts, see old friends, eat, drink, and network. Cost: $10 for members, $15 for non-members.

CHICOPEE CHAMBER OF COMMERCE
www.chicopeechamber.org
(413) 594-2101

• Dec. 5: Holiday Party, 4:30-6:30 p.m. Hosted by the Chicopee Chamber of Commerce, 264 Exchange St., Chicopee. Free for all members.
• Dec. 7: New York Bus Trip. Bus leaves the chamber parking lot at 7 a.m. and returns at 9:30 p.m. Enjoy a day on your own in New York City. Cost: $48 per person. For more information, contact the chamber at (413) 594-2101.
• Dec. 9: Gail’s Retirement Party, 5:30 p.m. Hosted by Castle of Knights, 1599 Memorial Dr., Chicopee. After years of hard work and dedication, it’s time for Gail Sherman, president of the Greater Chicopee Chamber of Commerce, to take a permanent vacation. Join us as we offer her best wishes in her retirement. Cost: $25 per person.
• Dec. 18: December Salute Breakfast, 7:15-9 a.m. Hosted by the Log Cabin, 500 Easthampton Road, Holyoke. Cost: $20 for members, $26 for non-members.

GREATER NORTHAMPTON CHAMBER OF COMMERCE
www.explorenorthampton.com
(413) 584-1900

• Dec. 2: New Member Info Session, 12-1 p.m. This is a chance to tell us more about your business and how the chamber can best serve you, meet other new members, and learn how to make to the most of your chamber membership. A light lunch will be served. RSVP to (413) 584-1900 or [email protected].
• Dec. 4: Northampton Chamber Monthly Arrive@5, 5-7 p.m. Hosted by Thornes Marketplace. Sponsored by Keiter Builders, Johnson & Hill Staffing, and United Bank. Arrive when you can, stay as long as you can for this casual mix and mingle with colleagues and friends. Cost: $10 for members, $15 for non-members.
• Dec. 17: 2013 December Incite Breakfast, 7:30-9 a.m. Presenting speaker: Kathleen McCarthy, Smith College president. Series sponsor: United Personnel. Cost: $20 for members, $30 for non-members.

GREATER WESTFIELD CHAMBER OF COMMERCE
www.westfieldbiz.org
(413) 568-1618

• Dec. 2:
Mayor’s Coffee Hour, 8-9 a.m. Hosted by Dunkin’ Donuts, 625 East Main St., in the Little River Plaza Center. Mayor Daniel Knapik would like your participation in the upcoming coffee hour by submitting any questions, concerns, or ideas for discussion. He will also provide updates and news about the city. To submit questions and to register, call Pam Bussell at the chamber office at (413) 568-1618, or e-mail [email protected]. The public is welcome to attend.
• Dec. 13: Holiday Breakfast 2013, 7:15-9 a.m. Hosted by Tekoa Country Club, 459 Russell Road, Westfield. Platinum Sponsor: Westfield State University. Silver Sponsor: Easthampton Savings Bank. More information to come on this annual event.

PROFESSIONAL WOMEN’S CHAMBER
www.professionalwomenschamber.com
(413) 755-1310

• Jan. 15:
Table Top Expo. For more information, contact Cecile Larose at (413) 755-1310 or [email protected].

Court Dockets Departments

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

CHICOPEE DISTRICT COURT
Harold Sanabria v. Ainsky D. Smith and B & R Leasing Inc.
Allegation: Plaintiff was a bicyclist negligently struck by the defendant’s taxi: $10,198.26
Filed: 10/25/13

GREENFIELD DISTRICT COURT
Stanley S. Boron v. Aubuchon Hardware and Lorenz Family, L.P.
Allegation: Negligent maintenance of premises causing fall: $2,000+
Filed: 10/1/13

Lou Giramma v. Peter Sheperd d/b/a Sheperd Masonry and Roofing
Allegation: Breach of contract to perform work at the plaintiff’s home: $22,180
Filed: 10/21/13

HAMPDEN SUPERIOR COURT
Kent W. Pecoy v. Glen R. Hanson and Colony Hills Capital, LLC
Allegation: Claims for breach of contract, breach of covenant of good faith, and fair dealing: $500,000
Filed: 10/22/13

Nestor M. Sostre, as personal representative of the estate of Nestor E. Sostre v. 272 Worthington Street Inc. d/b/a Glo Ultra Lounge
Allegation: Wrongful death caused by negligent service of alcohol: $8,000
Filed: 11/7/13

QVC Inc. v. Renaissance Specialty Products Inc.
Allegation: Suit on previous judgment for breach of contract: $36,904.84
Filed: 10/16/13

Robert and Annie Jennings v. Wal-Mart Inc.
Allegation: Plaintiff, Robert Jennings, was given the wrong heart medication by Wal-Mart Pharmacy causing hospitalization: $125,000
Filed: 11/15/13

HAMPSHIRE SUPERIOR COURT
Gail Hescock v. Franklin Eye Care Associates, LLC and Pierre Alfred, M.D.
Allegation: Employment discrimination: $198,000
Filed: 9/1/13

Shirley L. Waterhouse v. Amsoni Inc. and Bucklin Neighbors
Allegation: Negligent maintenance of property: $17,643.42
Filed: 11/7/13

Sheila Lagrenade v. Lincoln National Corp. d/b/a Lincoln Financial Group
Allegation: Unfair and deceptive trade practices and non-payment of disability benefits: $30,000+
Filed: 11/13/13

HOLYOKE DISTRICT COURT
Kelsie Pinto v. Bruce Transportation Inc.
Allegation: Negligent operation of a bus causing injury: $3,515
Filed: 9/23/13
SPRINGFIELD DISTRICT COURT
Miguel A. Rodriguez v. Transportation Options Inc. and Sig Marie Colon
Allegations: Negligent operation of a motor vehicle: $24,999.99
Filed: 10/9/13

Nicholas A. Sacoio v. BSC Realty Inc. and Mardi Gras Entertainment Inc.
Allegation: Negligent failure to properly train, educate, and supervise employees causing injury to patron: $4,543.10
Filed: 10/17/13

WESTFIELD DISTRICT COURT
United Service Co., LLC v. Redevco, LLC
Allegation: Default on decontamination and asbestos-removal contract: $20,170
Filed: 10/29/13

Features
This Veteran Goes to the Front Lines — of Home Healthcare

Nicholas Colgin

Nicholas Colgin is still climbing — both literally and figuratively — as a guide for blind individuals on summits, an advocate for unemployed veterans, and now as the owner of his own home-care business.

There have been a number of datelines attached to news stories involving Nicholas Colgin.
Many of them originated in the Tagab Valley in eastern Afghanistan, where, as a combat medic serving in Bravo Company for the Army’s 82nd Airborne Division, he saved the life of a French soldier shot in the head while facing enemy fire himself, an act of bravery that earned him the Bronze Star. It was also while serving in that remote region that others in his squad saved 42 Afghanis from a flooding river, an experience that he believes gave additional validation to his time serving in that conflict.
Later, though, there were stories out of Washington, first when he went to speak before Congress on the difficulties many veterans of Iraq and Afghanistan were experiencing as they sought gainful employment, and later when he was mentioned in speeches given by President Obama that outlined steps to combat the high jobless rates among what are known as the ‘9/11 generation’ of veterans.
Referencing Colgin, who, despite those actions that earned him a medal, couldn’t get a job as an EMT in Wyoming because he lacked the proper certification, the president said, “that isn’t right, and it doesn’t make sense — not for our veterans, not for the strength of our country. If you can save a life in Afghanistan, you can save a life in an ambulance in Wyoming.”
Fast-forward roughly two years from that speech in a former gun factory at the Washington Navy Yard, and the latest dateline for news on Colgin is, improbably, Springfield, Mass. Indeed, he’s not in an ambulance, nor in Wyoming, but instead in one of the many corner offices on the 12th floor of 1350 Main St., also known as One Financial Plaza. There, a map covering more than half of one wall identifies his territory — all of Western Mass. and some of Northern Conn. — as a franchisee for a national chain called Right at Home, which, as the name suggests, is a home-care agency.
There are a number of pushpins now on that map. They identify major healthcare providers in the Greater Springfield area as potential partners of sorts as Colgin looks to obtain market share in what is becoming a crowded playing field for home-care services.
Cultivating such relationships is now a major part of Colgin’s job description, although he noted quickly that there are many pressing issues as his gets this business off the ground, from interviewing candidates for caregiver positions to hiring an operations staff to staging an open house.
“We’ve had more than 300 applications in the past two or three weeks,” he noted, adding that the process of screening these candidates is ongoing. “They go through orientation, and we put a lot of time and investment into training to make sure we’re not sending someone into a person’s home that we wouldn’t let in our own grandmother’s home or parent’s home.”
How and where this entrepreneurial gambit came to be is an intriguing saga, one that says a lot about this determined individual, who overcame a number of injuries himself to put his name — which at one time he had trouble spelling because of a traumatic brain injury, or what those who’ve suffered one call a TBI — and the title ‘owner’ on his current business card.
Summing it all up, he said it has to do with mountains, or, more specifically, with climbing, and the need to keep doing it.
Elaborating, he divided returning veterans (and people in general) into three categories: ‘quitters’ — those who give in to their frustrations and often become substance abusers; ‘campers’ — individuals who come home and “relax for a while” (something he admits he did to some extent); and ‘climbers’ — those who “just keep climbing.”
“I decided I was going to be a climber,” he said, “and do it literally by taking blind people up mountains, and more figuratively by finding the next goal in life.”
ColginArmoredCar
Nicholas Colgin earned a Bronze Star for saving a man’s life in Afghanistan, but later was wounded himself, an experience that transformed a helper into someone who needed help.

Nicholas Colgin earned a Bronze Star for saving a man’s life in Afghanistan, but later was wounded himself, an experience that transformed a helper into someone who needed help.

For this issue and its focus on the business of aging, BusinessWest talked at length with Colgin, who has gone from being the face of unemployment among returning veterans to an individual now employing others in a venture with which he feels, well, right at home.

In the Line of Fire
Colgin was in the Peruvian Andes late last month, leading a team of 12 disabled veterans up 18,000-foot Mount Mariposa, when he received word that his franchise had secured the license necessary to operate in Massachusetts.
The juxtaposition of those happenings adds some poignancy to Colgin’s remarks about climbing, and also to the many facets of his life and the ways he measures success.
“I was going to do one last guiding trip before opening the business,” he explained. I submit the application and hop on a plane to Peru. I get one day in, and our application has been approved. It was a tricky place to be in — I’m in Peru, and now my business is open, and I’ve got to get back and hire employees.
“It’s been quite a journey, and this part of it is really just getting started,” he went on, before venturing back to another dateline in his life, the first.
That would be Chesterfield, Va., a small community not far from Richmond, where he spent several generally unhappy and challenging years.
His mother wound up in prison, and his father, with only a sixth-grade education, struggled to earn a living. Colgin said he was essentially raised by his grandmother, and by his senior year in high school, he was in many ways rudderless. It was a friend bent on joining the Army who provided inspiration and a compass point, but Colgin still had no idea what to do with himself — in the military or after his tour of duty was over.
“I signed on as a medic,” he said, following those words with a pause and shrug as if to indicate there was no profound reason for that choice. “I had never done anything in healthcare … when I went to sign up, I didn’t really know much about the military other than what you see in movies. I had just seen Black Hawk Down, and I said to them, ‘I want to be one of those guys.’
“They chuckled at me and said, ‘that’s not really a job,’” he went on. “They said, ‘you’re pretty smart … you can be this, or this, or maybe a medic.’ I said, ‘I’ll be a medic — that sounds like a job people really look up to.’”
He would eventually find out just how off he was in that reasoning — at least when it came to finding a job a few years later.
Fast-forwarding a little, Colgin passed the six-month training course to become a medic; two-thirds of those in his class did not. He worked in several facilities stateside, teaching medical classes, and was set to get out of the military without being deployed, but wound up volunteering for an assignment. “I figured, we’re at war; I might as well do my part,” he said, adding that a deployment he thought would last six months to a year instead stretched to 15 months.
He called it the “quintessential war experience,” one that took place mostly at Firebase Morales-Frazier. The highlight of his tour, if one could call it that, came in 2007 when he went to the aid of a French soldier hit by Taliban fire. The two were pinned down for about three hours, under constant fire, while Colgin administered care credited with saving the man’s life.
Colgin has several scattered memories of that experience, everything from being able to put whatever French he managed to retain from high-school classes to good use, to his own emotions as he offered care and counseling to the wounded soldier.
“You’re in Afghanistan, you’re getting shot at, people are getting blown up … you’re treating these people day in and day out, but you don’t really get scared; you just say, ‘this is just a job, this is what I’m here to do, treat it as a professional situation,’” he recalled. “But then I remember taking care of him. We’re in a small vehicle finally getting out of there, and his legs are on mine. I’m trying to tell him everything’s going to be all right. I was saying it confidently, but my legs just wouldn’t stop shaking, because I didn’t know if he was going to be all right. But I knew if he wasn’t going to be all right, it was not going to be because I slacked on my job and didn’t do all I could.”
Just a few months later, Colgin was driving a Humvee — something medics don’t often do, but he felt compelled to take his turn behind the wheel — when it took a glancing blow from a rocket-propelled grenade, or RPG. He said his head hit something, probably the steering wheel or windshield, breaking his nose and giving him what he called a “concussion of sorts.”
“One side of my body was numb, and I remember thinking that something wasn’t right,” he recalled. “We didn’t really know a lot about traumatic brain injuries at the time. I came home, had a lot of surgeries on my face — they rebuilt my nose — and needed a lot of treatment.
“I had been this helper overseas,” he went on, “and then I came home and needed help for the first time in my life. I’d never been in that situation before and didn’t really know anyone who had been in that situation before.”
And while he would eventually find some assistance, he essentially helped himself to a new career opportunity and that suite on the 12th floor.

Peaking His Interest
While serving in the Tagab Valley, Colgin, like many veterans, filled the idle time by reading whatever he could get his hands on. And increasingly, this meant books and especially magazines — because they weigh less and are thus easier to carry — about the outdoors.
“I was going to be an outdoor guide,” he said of plans he was making for life after military service, adding quickly that most of these were mapped out before he was injured. “I had never seen these huge mountains in person — I’d never really left the East Coast — and was just fascinated by that country.”
Upon returning home and “healing up” in North Carolina, Colgin would settle in Wyoming to pursue that dream, but he failed in his quest to graduate from the National Outdoor Leadership School due to lingering health problems, physical and mental — he would go back four years later and complete the program, though — and eventually shifted his career aspirations to healthcare, only to find more frustration.
“I had provided medical care in extreme situations — I’d saved someone who was shot in the head while I was getting shot at myself, in the middle of Afghanistan with limited resources — so I figured I shouldn’t have any problem doing emergency medicine, such as work as an EMT,” he told BusinessWest. “Unfortunately, I was wrong.
“And this is an issue that many people in the military are facing and that they’ve just started addressing in the past few years,” he went on. “Basically, you’re trained to do a job in the military, and you can do it in the military, but the certifications do not transfer to the civilian sector. I was trained as an EMT basic, sent to Afghanistan. I’m treating people who were shot in the head, I’m giving IVs and administering medications — and you can’t do that stateside.”
Those who drive trucks and service vehicles in the military face similar roadblocks, he said, adding that thousands of individuals have struggled with the task of turning experience with the armed forces into a job back home.
And this was the message Colgin wanted to bring to elected leaders and the civilian population as the dateline for his story shifted to Washington in mid-2011.
As a representative with Iraq and Afghanistan Veterans of America (IAVA), he spoke before Congress on his frustrations with finding employment in what he considered his chosen field, and made it clear that he was not alone in this predicament.
His comments caught the attention of many groups and individuals, including the commander in chief.
“I remember I showed up to work one day — I was interning for the IAVA — and someone said to me, ‘the White House called for you,’” he told BusinessWest. “That’s not something you hear all the time, and I thought they were joking with me, but they were serious.
“I called them back, and they told me the president was considering telling my story in a speech the next day,” he went on. “They weren’t sure he was going to tell it, but I had to get to D.C. I got a haircut, grabbed my suit, and hopped on a train to Washington.”
After the president’s speech, Colgin found himself in demand — with the media, at least. He did appearances on CNN, the Rachael Maddow Show, the CBS Early Show, and others, becoming adept at live interviews. This face time with the public brought him some job offers — “although not as many as you might expect with the president telling your story” — and eventually he took one, working as membership coordinator with the IAVA, and resettled in Manhattan.
That island is worlds away from Chesterfield, Va. in every respect imaginable, and Colgin liked being an advocate for veterans, working with Congress, and getting plenty of coverage in the media. But something was missing from the equation.
Actually, two things.
The first was an entrepreneurial venture that he could call his own, and the second was what he called “a community in the true sense of the word, a place where I could rest my head, then get up and really get involved in making a difference.”
He would eventually find both in Springfield.

Summit Meetings
Recalling the chain of events that led to his grand opening nearly a month ago, Colgin started with his decision to “step back,” as he put it, and take a sabbatical from his job with the IAVA. He took this opportunity to do some of the outdoor work he’d started dreaming about in Afghanistan, and eventually made acquaintances with Eric Weihenmayer, the first blind man to scale Mount Everest.
“He and I became good friends, and I ended up picking up a lot of skills to guide individuals up mountains and in the back country,” he recalled. “It was a great experience … I started guiding blind people up mountains. I came back to New York after my sabbatical and realized I had to make a change in my life.”
Coincidentally, he attended what he called a “business boot camp for veterans” in Boston, an intense, three-week program conducted in conjunction with Harvard that helped him discover latent entrepreneurial instincts and drive.
“I realized that what was inside me was stronger than anything in my way,” he told BusinessWest. “I realized that I could open a business; I left and started looking for investors.”
As that search for financial backing commenced, so, too, did the process of choosing what kind of business to get into, he went on, adding that he soon concluded that he would like to do something healthcare-related, and something that would make a difference in peoples’ lives. Discussions with a consultant specializing in linking individuals with franchise opportunities narrowed the search to a few national chains, and eventually to Right at Home, an Omaha, Neb.-based enterprise launched in 1995 that by that time had facilities in more than 40 states as well as in the United Kingdom, Brazil, China, and Canada.
It was not, however, doing business in Western Mass., and Colgin, with $250,000 from some investors, decided to seize that opportunity.
“It was just me and the dog, and I could go anywhere and do anything,” he said, referring to his English pointer, Dixie, whom he described as his rock. “I wanted to stay on the East Coast, and started looking at places and scheduling visits. I ended up coming to Springfield, and it looked like a place where I could put down roots. I moved around a lot with the military and never really had a family growing up, but when I came here, I got a sense that this was a place where I could grow.”
Colgin acknowledged that there is considerable competition within the growing home-care industry and that he has a lot to learn as he joins that crowded field of players. But he believes he has the basic ingredients to reach his goals, which he admits are still being set.
“The language of healthcare is pretty universal, and caring is pretty universal as well; if you can care for Afghanistan locals in the middle of a war, you can take care of anyone in the world,” he said, adding that Right at Home has a proven model and track record for success that he believes he can build on. “I care about helping people realize their dreams, and I care about doing the right thing, and at the end of the day, that’s what this is all about.
“They’re extremely innovative,” he said of the chain. “They have great brand management and amazing quality.”

On a Grand Scale
Based on all that has happened in his life since those initial, awkward discussions with Army recruiters nearly a decade ago, it would be logical to assume that Springfield probably won’t be the last dateline for news stories about Colgin.
As he said, he’s a climber, and he doesn’t intend to stop doing that.
For now, though, the climb has reached Western Mass. and a critical juncture in his career, and there are immediate goals right ahead of him.
The plan is to keep reaching higher — in every aspect of that phrase — but that’s something Colgin has been doing his entire life.

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

Employment Sections
Training & Workforce Options Takes Region-wide View

Bob LePage

Bob LePage, executive director of Training & Workforce Options.

Bob LePage spends a lot of time talking to employers from many different sectors, from healthcare to hospitality; financial services to manufacturing. And they all have one thing in common — a need for quality workers.
He related a conversation he had with the head of an area manufacturing firm. “He said, ‘we have more work than we have capacity. And what’s the biggest capacity constriction? Lack of workers. If I could find them, I’d add a shift, I’d add another line. Our challenge is, we need more qualified workers, whether that’s taking assemblers and upscaling them to machinists or convincing young people that working in today’s manufacturing environment is not what your grandfather did.’”
One regional manufacturer, LePage added, is anticipating 300 to 400 retirements in the next five years. Simply put, “we can’t close the gap based on what’s coming out of high school.”
As the executive director of Training & Workforce Options (TWO), a partnership between Springfield Technical Community College and Holyoke Community College, LePage thinks about these issues all the time. The initiative was launched in 2011 to provide specialized contract training for a range of client businesses. But along the way, it has created sector-wide collaborations to help tackle workforce needs across entire industries.
“TWO grew out of a workforce assessment done by the two community colleges, which came together and decided there are a lot of opportunities to build collaboration between the two colleges, and opportunities for us to work collaboratively with the Regional Employment Board [REB]on supporting and building sector-based strategies.
“It’s come a long way,” he added. “We first had to develop staffing, planning, infrastructure, processes, procedures, how we’re going to do things.”
In the meantime, TWO has worked with the REB and others on developing workforce strategies on a sector-by-sector basis, he explained.
“If we use the example of healthcare, a year and a half ago, we started assessing what the medical coding needs were for the region,” LePage noted, because the U.S. Department of Health and Human Services is replacing the current standard code sets in 2014, creating reimbursement challenges for providers.
Along with Kelly Aiken, the REB’s director of Health Care Initiatives, and about a dozen regional healthcare employers, LePage explained, TWO developed a partnership by which medical coding and billing students can transfer credits between colleges, and will also launch a training academy to help employers train their workers in the upcoming conversion.
“TWO came in and really provided the skill-assessment expertise we didn’t have before,” Aiken said, and not just in the coding realm, but in direct care as well. “Employers have said there’s either a mismatch between supply and demand, or the industry is changing so rapidly that we need to revisit and revamp career pathways. TWO has been instrumental in helping us collect data from employers and walk employers through the skill-assessment process so we can really understand where the gaps exist.
“I really look at them as a side-by-side partner,” she added, “to fill us in and help employers and training institutions figure out how to fill those gaps through regional and organizational strategies.”

Across the Board
Healthcare is just one of the many sectors TWO has a hand in, however. The partnership recently brought together a group of regional financial-services providers — banks, insurance companies, and others — to discuss workforce needs, and the end result is a new certification program to train people to fill financial call-center jobs.
“The first class of 17 students is going through an intensive training program and will hopefully be placed into jobs in January,” LePage said. “This was an industry-driven need.”
Returning to healthcare, yet another TWO initiative aims to help providers develop new systems to remove inefficiency and waste from healthcare — a major issue in these days of cost-cutting and accountable care. TWO has also worked with Wingate of Wilbraham, a skilled-nursing facility, by training workers in STCC’s simulation lab.

Kelley Tucky

Kelley Tucky says MGM Springfield is depending on regional job-training efforts to build a 3,000-strong workforce in the city.

“It’s a way to assess their hands-on skills, a new way of looking at competence and how students can practically apply their skills,” he said. “Wingate had some very specific things they wanted to partner with us to test.”
And in the manufacturing realm, “we recently partnered with the Westfield Chamber to host a manufacturing workforce forum. We had manufacturers at Savage Industries host 10 or 12 companies around the idea of developing new regional programs for machine operators. In most cases, they might need one programmer but six or 12 operators. Our goal is to develop a new training program to allow us to provide on-site operator training.”
When thinking about the number of precision machinists approaching retirement, LePage said, the challenge is to create large-scale programs to develop the next generation.
“We’ve worked with a number of individual organizations — we might work with them on a multi-year training program, help them do organizational assessment, skills assessment, build a training program with them, and help them capture state resources to enhance the performance of employees.”
Such investments pay off, he noted. “Every dollar invested in support of manufacturing yields $1.64 return on investment in the first year alone. Every time you support labor-pool investment, your community makes money.”
TWO has engaged in similar strategy-building initiatives with area hospitality employers. “We partnered with the [Greater Springfield] Convention & Visitors Bureau on a formal needs assessment. What are the workforce challenges for the hospitality industry? We’re now starting to put together strategies to support their emerging needs, both culinary and front of house.”

Upping the Ante
The hospitality industry is only one of many sectors acutely aware of the probability of MGM Resorts International building a casino in Springfield’s South End, now that the proposal is the only viable casino plan for Western Mass. being considered by the state Gaming Commission.
“It’s highly likely this region is going to have to navigate 3,000 to 4,000 new jobs in the next 24 to 36 months,” LePage said. “TWO has taken the lead in partnering with the Gaming Commission to develop a workforce strategy to support the casino industry.
“We know, for example, that, if you want to be a dealer or in gaming, you have to pass a very specific set of requirements, and if you can’t pass them, you can’t work in a casino,” he added. And those requirements, he noted, could pose difficulties.
Kelley Tucky, vice president of Community and Public Affairs for MGM Springfield, agrees, saying her team has been working closely with the Mass. Casino Career Training Institute — which oversees employee regulations, licensure, and training — to ease some of the obstacles to employment.
“We’ve made our position known that we see the current CORI and SORI background-check requirements to be somewhat restrictive,” she told BusinessWest. “For instance, if we have someone working in the warehouse with a history of bankruptcy, it matters very little to us. Certainly, in a position where data is being handled or where there’s tremendous responsibility with money handling, you want those individuals to be vetted thoroughly, but we’ve heard from the one-stop career centers, the Gaming Commission, and others that they see some roadblocks already.”
Meanwhile, MGM has developed ties with the career centers and TWO to develop strategies for recruitment and soft-skills training, from interview and résumé-writing skills to language barriers. “Those are very important for us,” Tucky said. “We’ve built our reputation on providing an exceptional level of customer service. We gauge that from the minute an individual walks in the door for an interview. The more the one-stops train their clientele in those skills, the more confident we are that we’ll find the talent we need.”
However, the casino challenge extends far beyond MGM’s needs, LePage noted, as businesses in a host of sectors anticipate losing many of their own workers to the casino — for example, a bank teller who might want to be trained as a dealer or money handler — and having to refill those positions.
“We’re very aware of what’s going to be happening with the gaming industry,” he said. “If we want to have 3,000 new jobs in the region, we don’t want to subtract 1,000 jobs from other employers just by moving from one place to another. We have to grow 3,000 new workers throughout the region, but we have to develop strategies to fill multiple sectors, so there’s very little ripple effect.”
Take healthcare CEOs, he added. “The concern for them is culinary. They service a large number of people each day with food. And they currently have challenges hiring people. Add another 150 to 200 culinary jobs in the region, and they might have a bigger challenge.”
Tucky sees that sort of movement as an overall plus for the job market and the economic vibrancy of the region.
“Churn is good in terms of changing jobs, changing opportunities. It’s a good thing because people are exposed to additional career options — for instance, veterans returning from active duty, even the semi-retired. We offer jobs across the spectrum, and if we can attract a bright personality and they have the basic skills for the job, we will train for everything else.
“People see this as economic development for the region,” she continued. “It’s all about economic revitalization, and we’ve done a really good job being transparent. We see the benefits for Springfield and the Western Mass. economy, and we feel it’s a win-win.”
LePage agrees — if there’s an effective strategy in place that benefits MGM without disadvantaging other employers. “With the entry of a large employer into the region, we’ve tried to build partnerships across the region. No one organization can solve these regional workforce challenges.”

Mind the Gap
Casino or not, those workforce challenges are persistent, and the term ‘skills gap’ is nothing new to Western Mass. employers.
LePage noted that only about 78 in 100 teens in Greater Springfield make it through high school, but even if the rate was 100%, “we wouldn’t come close to meeting our workforce needs.”
That’s why TWO is so important — not only because it brings together the two colleges’ strengths, such as HCC’s English as a Second Language program and STCC’s Adult Basic Education initiatives, but because the colleges are bringing so many other voices into the conversation.
“What you see with all this collaboration is that there’s very little ego,” LePage said. “It isn’t what the colleges want done, it’s what industries want done. We’re listening to industries and hearing what they need and how they need it, and then saying, ‘OK, what can we do to solve this problem?’ That is the key to all of it; it has to be industry-driven. If you try to force change on industry, that’s not going to work. You’ve got to let those guys tell you what they need, then do the best you can to fulfill those needs.”
Aiken believes the effort has begun to bear real fruit.
“We love the fact that the community colleges are collaborating together,” she said. “We at the REB are all about collaboration, and they are a model for how community colleges and other institutions can collaborate together.”

Joseph Bednar can be reached at [email protected]

Briefcase Departments

Palmer Casino Falls in Close, Stunning Vote
PALMER — In a stunning defeat for Mohegan Sun, Palmer residents narrowly voted down a proposal to build a resort casino on property alongside the Mass Pike. Mohegan Sun has called for a recount after the proposal failed by 93 votes, 2,657 to 2,564. In an enthusiastic turnout, 62% of Palmer’s 8,412 registered voters cast ballots on Nov. 5. Mohegan Sun, which has maintained a storefront office and a high-profile presence in town for four years, is basing its recount demand on a voting machine in Precinct 2 that malfunctioned during the afternoon.
The company wanted to build a nearly $1 billion resort casino on 152 acres owned by Northeast Realty off turnpike exit 8. The host community agreement with the town, negotiated by Town Manager Charles Blanchard, pledged $20 million in revenue in the first year, and guaranteed payments of $15.2 million each year thereafter. The defeat — coupled with West Springfield voters recently rejecting a proposal by Hard Rock International to build a casino on Eastern States Exposition property — leaves Western Mass. with only one casino proposal that has been approved by residents. In July, by a 58-42 margin, Springfield voters said yes to that city’s host-community agreement with MGM Resorts International to develop a casino in the city’s South End. The Massachusetts Gaming Commission will award one casino license in Western Mass. next spring, though it is unclear whether Springfield is a lock for that license. Meanwhile, in separate nonb-binding resolutions, voters in West Springfield and Longmeadow overwhelmingly opposed a Springfield-based casino. In other Election Day results, state Rep. Donald Humason defeated Holyoke City Councilor David Bartley to represent the 2nd Hampden-Hampshire District seat in the state Senate. Meanwhile, Holyoke Mayor Alex Morse defeated challenger Jeffrey Stanek, while Daniel Knapik narrowly kept his mayoral post in Westfield, beating back a challenge from Michael Roeder. However, Chicopee Mayor Michael Bissonnette fell to challenger and former mayor Richard Kos, and Ed Sullivan defeated incumbent West Springfield Mayor Greg Neffinger. Karen Cadieux won the open mayor’s seat in Easthampton.

Hampden Bank Tackles Proxy Fight
SPRINGFIELD — Last week, at its annual meeting of stockholders, Hampden Bank beat back a proxy fight from shareholders based in Texas who wanted seats on the board of directors, as Thomas Burton, Arlene Putnam, Linda Silva Thompson, and Richard Suski were elected directors for three-year terms expiring in 2016. Texas-based Clover Partners, headed by Johnny Guerry — which owns about $7.8 million in Hampden Bancorp Inc. stock, or 459,660 shares, accounting for about 8.1% of the company — had demanded a presence on the board and has been pushing Hampden Bank to explore a sale or merger with another bank to increase earnings. “We sincerely appreciate the support of our stockholders during the recent contested election,” said Glenn Welch, the bank’s president and CEO. “We look forward to returning our full attention to growing our business and increasing stockholder value.” Stockholders voted down a non-binding shareholder proposal, supported by Clover Partners, requesting that the board of directors explore avenues to enhance shareholder value through avenues such as a sale or merger. Stockholders also ratified Wolf & Company, P.C. to serve as the company’s independent registered public accounting firm for the fiscal year ending June 30, 2014, and also approved an advisory proposal on executive compensation, which is referred to as the ‘say-on-pay’ vote. Welch countered Guerry’s concerns about profitability by noting that net income rose $1.2 million, or 22 cents a share, for the first quarter of fiscal 2014, the largest increase in net income since the bank went public six years ago and a 57% increase from the year before. At the same time, the bank’s loan portfolio stood at $482.1 million at the end of the first quarter of fiscal 2014, up 6.8% compared with the same quarter in 2012. The bank’s stock price has outperformed both the NASDAQ Bank Index and the SML U.S. Bank Index over the past five years. Welch also said that a recent restructuring, which eliminated some jobs, will save the bank $1 million a year.

Effort Aims to Modernize, Preserve Public Housing
BOSTON — In a continuation of Gov. Deval Patrick’s efforts to preserve the Commonwealth’s public-housing portfolio and increase the number of affordable public-housing units available, the Department of Housing and Community Development (DHCD) has announced a new initiative, the High Leverage Asset Preservation Program (HILAPP), aimed at supporting the comprehensive modernization and preservation of the state’s public housing stock. The program will support these efforts by providing grants to local housing authorities that are able to secure matching funds from local and non-DHCD sources. “Affordable public housing is in high demand across the state,” said Housing and Community Development Undersecretary Aaron Gornstein. “These funds will not only ensure that current residents live in healthy and safe environments, but that the developments are upgraded so they will last for years to come.” The DHCD also awarded nine housing authorities across the Commonwealth — Amherst, Braintree, Chicopee, Franklin County, Lexington, Malden, Middleborough, Provincetown, and Sandwich — more than $500,000 to begin the design phases of their projects. By the conclusion of this first competitive cycle, it will invest up to $5 million in capital dollars to support these local housing authorities. Between fiscal years 2014 and 2018, the DHCD intends to distribute $75 million for HILAPP projects, which will in turn leverage millions of dollars from outside sources. The DHCD will repeat the competitive award process annually, funding permitting, in order to build and maintain a consistent pipeline of HILAPP projects. Other Patrick administration reforms have included requiring local housing authorities to provide the DHCD with the salaries of their five highest-paid management staff and setting a maximum salary for local housing authority executive directors, and requiring greater reporting of financial information.

Government Shutdown Slows Business Confidence
BOSTON — The Associated Industries of Massachusetts Business Confidence Index lost 4.8 points in October to 46.7 as Massachusetts employers reacted to deadlock in Washington and the resulting federal government shutdown. “The great majority of survey responses came in during the shutdown, and as a debt ceiling crisis loomed,” said Raymond Torto, chairman at CB Richard Ellis Group Inc. and chair of AIM’s Board of Economic Advisors (BEA). “While the threat of a shutdown had little apparent effect on the September results, the reality in October had a big impact.” Torto pointed to responses to a special question on the business-confidence survey asking employers how the fiscal crisis would affect business conditions. “While only 13% had seen, or expected, direct impact on their operations, another 64% believed there were negative effects on overall business confidence and the  economy,” he noted. “On the other side of the ledger, 13% responded that they had not seen and did not expect negative effects, and 10% replied that ‘budget cuts and hard-line positions are ultimately positive.’ The employer community rejects the way business is being conducted in Washington, and this was consistent across industries and the range of company sizes.” The AIM index has appeared monthly since July 1991. It is calculated on a 100-point scale, with 50 as neutral; a reading above 50 is positive, while below 50 is negative. The index reached its historic high of 68.5 on two occasions in 1997-98, and its all-time low of 33.3 in February 2009.

Massachusetts, U.S. Show Economic Growth
BOSTON — The state and national economies grew faster than expected over the summer, due to an improving housing market and wage and salary growth, according to a report by the University of Massachusetts and the Federal Reserve Bank of Boston. The state economy grew at a 3.5% annual rate from July through September, according to the report. The national economy expanded at 2.8% rate during the same period, the U.S. Commerce Department reported. However, eonomists expect economic growth to slow next quarter as a result of the 16-day partial shutdown of the federal government last month. Employment and unemployment are among several indicators the local economists use to estimate the state’s quarterly economic growth. Other factors include state sales tax collections, a gauge of consumer spending; payroll withholding taxes, a measure of wage and income growth; consumer confidence; and the stock performance of Massachusetts companies. “The improvement in the third quarter is due to slow-but-better job growth, rising wage and salary incomes, and a higher rate of spending on items subject to sales taxes,” the report notes. “A recovering housing market and consumer and business spending are driving up economic growth.” Those improvements helped offset the economic drag from automatic budget cuts known as sequestration and higher federal payroll taxes that went into effect earlier this year. The report, published in the UMass economics journal MassBenchmarks, also revised the state’s rate of economic growth between April and June, to a 1.7% annual rate, up from previous estimate of less than 1%.

Patrick Administration Touts Conservation Efforts
WEST STOCKBRIDGE — The Mass. Department of Fish and Game (DFG) and its Division of Fisheries and Wildlife (MassWildlife) recently joined state officials and conservationists at the Maple Hill Wildlife Management Area to celebrate the protection of over 200,000 acres of Massachusetts land after the agency acquired 3,525 acres of conservation land during fiscal year 2013. The agency now manages 200,442 acres statewide. “Gov. Patrick’s historic commitment to open-space protection has resulted in approximately 40,000 of these acres conserved since 2007,” said Energy and Environmental Affairs (EEA) Secretary Rick Sullivan. “I thank DFG and the many conservation organizations and individuals who contributed to this achievement.” Added DFG Commissioner Mary Griffin, “land conservation depends on partnerships with conservation organizations, land trusts, sportsmen, and conservation-minded landowners, and financial support from these groups and the state and federal government. We are grateful to 75 partners that have worked with us during the Patrick administration, and appreciate the support of all people in Massachusetts who contributed to the milestone achievement of 200,000 acres protected.” The DFG and MassWildlife jointly administer the agency’s land-protection program. Under Patrick’s tenure, the agency has invested more than $64 million for land acquisition and conserved almost 40,000 acres. The DFG has acquired conservation properties throughout the state in reaching the 200,000-acre milestone. Highlights from recent years include the Paul C. Jones Working Forest, 3,486 acres in Leverett and Shutesbury; the Flagg Mountain Wildlife Management Area, 160 acres in Conway; the West Brookfield Wildlife Management Area, 320 acres in West Brookfield; the Squannacook River Wildlife Management Area, 39 acres in Townsend; and the Halfway Pond Wildlife Management Area, 152 acres in Plymouth.

Company Notebook Departments

NUVO Announces Third-quarter Results
SPRINGFIELD — NUVO Bank & Trust Co. recently announced net income of $2,268,000, or 96 cents per basic share and 95 cents per fully diluted share, for the nine months ended Sept. 30, 2013, compared to $514,000, or 28 cents per basic and fully diluted share for the nine months ended Sept. 30, 2012. Net income was $100,000, or 4 cents per basic share and 3 cents per fully diluted share for the three months ended Sept. 30, 2013, compared to $207,000, or 11 cents per basic and fully diluted share for the three months ended Sept. 30, 2012. The bank’s book value per share increased from $4.72 per share at Dec. 31, 2012 to $5.17 per share at Sept. 30, 2013. The $107,000 decrease in net income from $207,000 for the quarter ended Sept. 30, 2012 to $100,000 for the third quarter ended Sept. 30, 2013 primarily reflects the fact that the bank was fully taxable in the third quarter of 2013 with a tax provision of $67,000, while in the third quarter of 2012, the bank recognized a tax benefit of $53,000 when it was able to utilize a portion of its deferred tax benefit for federal tax purposes. Pre-tax income during the quarter ended Sept. 30, 2013 was $167,000, as compared to $154,000 for the quarter ended Sept. 30, 2012. In addition, non-interest expense increased to $885,000 from $742,000, primarily due to increased personnel expense relating to new hires since Sept. 30, 2012 to service the bank’s growth. The $1,754,000 increase in net income, from $514,000 for the nine months ended Sept. 30, 2012 to $2,268,000 for the nine months ended Sept. 30, 2013, primarily reflects the bank’s recognition of its full $2,084,000 deferred tax asset during the nine months ended Sept. 30, 2013 in view of its continuous quarterly profitability and its successful capital raise completed April 30, 2013. As a result, the net income-tax benefit for the nine months ended Sept. 30, 2013 was $1,869,000 compared to a net tax benefit of $101,000 for the nine months ended Sept. 30, 2012. Pre-tax income for the nine months ended Sept. 30, 2013 was $399,000, as compared to $413,000 for the nine months ended Sept. 30, 2012. In May 2012, the bank was paid off in full on one non-accrual loan including $87,000 of past-due interest, which is reflected in the pre-tax income for the nine months ended Sept. 30, 2012. The decrease in pre-tax income reflects an increase in non-interest expense to $2.7 million from $2.2 million, which was primarily due to an increase in personnel expense in the nine months ended Sept. 30, 2013 related to new hires, performance bonuses, and expenses related to its equity incentive plan. Total assets at Sept. 30, 2013 were $133.1 million, compared to $110.9 million at Dec. 31, 2012, which is an increase of $22.2 million (20%). Cash and cash equivalents increased $3.1 million (39.8%) to $10.8 million at Sept. 30, 2013, from $7.7 million at Dec. 31, 2012. Investment securities increased $2.2 million (50%) to $6.7 million at Sept. 30, 2013, from $4.5 million at Dec. 31, 2012. Total loans increased $14.9 million (15.4%) to $111.6 million at Sept. 30, 2013, from $96.7 million at Dec. 31, 2012. Deposits increased $14.2 million (14.3%) to $114.0 million at Sept. 30, 2013, from $99.8 million at Dec. 31, 2012. Total borrowings increased to $4.0 million at Sept. 30, 2013, from $2.0 million at Dec. 31, 2012. Stockholders’ equity increased $5.9 million (69.9%) to $14.5 million at Sept. 30, 2013, from $8.5 million at Dec. 31, 2012.

Big Y Completes Renovations at Two Stores
SPRINGFIELD — Big Y Foods Inc. announced the completion of renovations at two stores in Northern Berkshire County. Big Y recently invested more than $1.4 million in its stores at 45 Veterans Memorial Ave. in North Adams and at 1 Myrtle St. in Adams. Both stores have been serving their communities as Big Y supermarkets since 1984. This dual renovation effort began last September and included renovations in every department. In addition, in North Adams, customers have been enjoying the new pizza and sandwich shop along with many more meals to go, both hot and cold. There is a new café seating area along with a new organic section, expanded gluten-free foods, along with new areas in meat, seafood, delicatessen, fruits and vegetables, floral, dairy, olive bar, Stonewall Kitchen products, and in-store bakery, breads, and muffins. Lastly, new paint, fixtures, signage, aisle markers, and other equipment add to the new look of the market. The 27,786-square-foot Adams Big Y’s renovations include expanded deli, seafood, meat, bakery, and organic foods, along with extra space in produce to offer more fresh greens and organic items.

Skoler, Abbott & Presser Honored by Publication
SPRINGFIELD — Skoler, Abbott & Presser, P.C., a Springfield-based labor and employment law firm with offices in Worcester and Meriden, Conn., has been awarded a Tier 1 Metropolitan ranking in the 2014 Edition of U.S. News – Best Lawyers “Best Law Firms” in five areas of practice: arbitration, employment law (management), labor law (management), litigation (labor), and employment and mediation. “We are so honored to be a part of this prestigious list of firms,” said Ralph Abbott Jr., partner and attorney. “Best Lawyers is well-respected by the legal community as a valuable resource of best-in-class practices, and recognition in five areas is quite an achievement for us.” The U.S. News – Best Lawyers “Best Law Firms” rankings are derived from a rigorous evaluation process consisting of collected client and lawyer evaluations, a peer review from leading attorneys in the firm’s field, and a review of additional information provided by law firms. A firm’s eligibility for a ranking is contingent on having at least one lawyer listed in the 19th edition of the Best Lawyers in America list for that particular location and specialty, which recognizes the top 4% of practicing attorneys in the U.S.

Departments People on the Move

The law firm Bulkley Richardson, with offices in Springfield, Boston, and Amherst, recently announced that 10 lawyers have been named to 2013 Massachusetts Super Lawyers, a list of top lawyers in the state, and that two lawyers were named to Rising Stars, a list of top up-and-coming lawyers. No more than 5% of the lawyers in Massachusetts are selected for the Super Lawyers list, and no more than 2.5% of the lawyers in the state are selected as Rising Stars. Both lists will be published in the 2013 New England Super Lawyers magazine. The following Bulkley Richardson lawyers were named Super Lawyers:

Francis Dibble Jr.

Francis Dibble Jr.

J. Patrick Kennedy

J. Patrick Kennedy

Mary Kennedy

Mary Kennedy

Kevin Maynard

Kevin Maynard

Kelly McCarthy

Kelly McCarthy

David Parke

David Parke

John Pucci

John Pucci

Donn Randall

Donn Randall

Ellen Randle

Ellen Randle

Ronald Weiss

Ronald Weiss

Francis Dibble Jr., whose practice areas include business litigation, health law, and antitrust litigation;
J. Patrick Kennedy, business litigation, banking, and intellectual property litigation;
Mary Kennedy, employment and labor and schools and education;
Kevin Maynard, business litigation, general litigation, and nonprofits;
Kelly McCarthy, health law;
David Parke, business/corporate law and mergers and acquisitions;
John Pucci, criminal defense, white collar;
Donn Randall, banking and business litigation;
Ellen Randle, family law; and
Ronald Weiss, mergers and acquisitions, closely held business, and estate planning and probate.
Named Rising Stars were:
Matthew Kane
Matthew Kane

Matthew Kane

Kelly Koch

Kelly Koch

, banking, business litigation, and general litigation; and
Kelly Koch, family law and estate planning and probate.
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Kirk Smith

Kirk Smith

Kirk Smith, President and CEO of the YMCA of Greater Springfield, has been invited to join the Board of Directors for the National Conference for Community and Justice (NCCJ), an organization founded in 1927 as the National Conference of Christians and Jews. The human-relations organization is dedicated to fighting bias, bigotry, and racism in America. NCCJ promotes understanding and respect among all races, religions, and cultures through advocacy, conflict resolution, and education. Smith took on the role of President and CEO of the YMCA of Greater Springfield in 2011. Among his many leadership roles in Western Mass., he serves on the board of directors for the Springfield Chamber of Commerce and the Executive Committee for the Alliance of YMCAs of Massachusetts. He also serves as the head coach for the YMCA of Greater Springfield Buckeyes, a U16 AAU basketball team.
•••••
James Chadwell

James Chadwell

Antonio Dos Santos

Antonio Dos Santos

Crear, Chadwell & Dos Santos, P.C. recently announced that shareholder James Chadwell, Esq., and shareholder Antonio Dos Santos, Esq. have been selected as a 2013 Massachusetts Super Lawyer and Rising Star, respectively, and will appear in the 2013 New England Super Lawyers magazine. Each year, no more than 5% of the lawyers in the state are selected to receive the Super Lawyer honor, which recognizes attorneys who have distinguished themselves in their legal practice through a rigorous selection process and third-party validation of their professional accomplishments. Chadwell, who has received this honor four years in a row, focuses his practice on representing insurers, self-insurers, and employers in workers’ compensation requests. Dos Santos, who specializes in all facets of commercial real estate, commercial finance, and general business law, and represents many closely held businesses regarding entity formation, succession planning, mergers and acquisitions, and financing, has again been selected as a Massachusetts Rising Star for his work in real estate, the ninth year in a row. No more than 2.5% of lawyers in the state are named to the Rising Star list, and they must be nominated by other lawyers who have personally observed them in action, either as opposing counsel or co-counsel, or through other firsthand courtroom observation.
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Easthampton Savings Bank announced that Randall Gage has been hired as the new Senior Vice President of Residential Lending. Gage has more than 20 years of banking experience. Most recently he was Senior Vice President and Special Assets Officer at United Bank. Gage’s lending background dates from his early career as a bank examiner in the Holyoke Field Office of the FDIC, and includes experience with all areas of residential lending at Hometown Bank, Apple Valley Bank, and finally New England Bank and United Bank. Gage obtained his bachelor’s degree from the University of Rochester and his juris doctor degree from Quinnipiac University School of Law. He is a member of the Connecticut Bar Assoc. and the American Bar Assoc., and coaches youth soccer and basketball.
•••••
Hilton Hotels Corporation has honored Mary Annis, Guest Service Agent, Hampton Inn, Hadley, with the company’s national Spirit Award, designating Annis as a top performer within the Hilton family of hotels.
•••••
Jeannette Strange

Jeannette Strange

PeoplesBank has announced the appointment of Jeannette Strange as a Mortgage Consultant who will focus primarily on the communities of Chicopee, Holyoke, Springfield, South Hadley, and Ludlow. Strange, who is fluent in Spanish, will offer mortgage refinancing and special first-time homebuyers’ programs. She brings more than 10 years of mortgage and lending experience to her new position, and most recently served as a Senior Loan Associate at PeoplesBank and, prior to that, as a Loan Specialist. Strange is an active member of the Realtor Assoc. of the Pioneer Valley, BuyHolyokeNow, BuySpringfieldNow, and the Latino Chamber of Commerce.
•••••



Annie Lajoie

Annie Lajoie

The Northampton-based management-side only labor and employment law firm of Royal LLP recently welcomed Annie Lajoie to the firm. Lajoie will focus her practice in labor law and complex employment litigation, and counsel companies on the multitude of state and federal employment laws impacting them, including employment discrimination and harassment, wage and hour, disability and leave, workplace safety, OSHA, affirmative action, and contract negotiations. Her work will also includes drafting employee manuals, preparing non-disclosure, non-solicitation, and non-compete agreements, and conducting management training. Lajoie is a graduate of the University of Massachusetts, Amherst and a graduate of Western New England University School of Law.
•••••
The Springfield-based regional law firm of Bacon Wilson, P.C. is pleased to announce that Kenneth J. Albano, Esq., has been elected Chairman of the Board of Directors for the Western Mass. Division of the March of Dimes. Albano is a shareholder and a member of the firm’s corporate, finance, and healthcare departments. He is also a member of the Mass. Municipal Law Association, and he currently serves as Town Counsel to the communities of Monson, Southwick, and Holland. Albano earned his BA from Providence College and his JD from Western New England University School of Law.
•••••
Springfield College recently named Brian Magoffin Director of Sports Communications. Magoffin is responsible for all aspects of media and sports information relating to the 26 intercollegiate men’s and women’s sports teams. His responsibilities include website maintenance and redesign, designing recruiting publications, updating and creating all social media elements involving Pride Athletics, and overseeing game-day functions. He has been a member of the athletics staff at the college since 2007, serving as the assistant director of sports communications, also serving as the interim director since July 2012. Magoffin earned a BS in Sport Management from Springfield College in 2005.

Agenda Departments

Pynchon Awards
Nov. 21: The Trustees of the Order of William Pynchon and the Advertising Club of Western Mass. will honor the recipients of the 2013 William Pynchon Award — Jean Caldwell, Jean Gailun, Joan Kagan, and Sirdeaner Walker — at Chez Josef in Agawam. The Order of William Pynchon was established in 1915 for the purpose of giving public recognition to citizens of the region who have rendered distinguished civic service, a noble legacy and honor the Ad Club is proud to bestow. Cocktails will be served from 6 p.m., with dinner and the awards program beginning at 7 p.m. The cost is $70 per person, and tables of 10 are available. RSVP by Nov. 14 by calling (413) 736-2582 or e-mailing [email protected], including any special dietary considerations and a listing of table guests who wish to be seated together (for parties of 10).

Government Reception
Nov. 21: The Affiliated Chambers of Commerce of Greater Springfield will stage its annual Government Reception at Storrowton Tavern from 5 to 7 p.m. Attendees can meet and talk with local, state, and federal officials. Tickets are $50 for members, $70 for general admission. For more information or to make reservations, visit www.myonlinechamber.com.

Retirement Party
Dec. 10: The Regional Employment Board of Hampden County will stage a retirement party for long-time executive director Bill Ward at the Log Cabin Banquet and Meeting House in Holyoke. A cocktail hour will begin at 5 p.m., with dinner at 6:30. Tickets are $30 per person. For information or to order tickets, call Joanne Lyons at (413) 787-1552, or e-mail [email protected].

Chamber Corners Departments

ACCGS
www.myonlinechamber.com
(413) 787-1555

• Nov. 19: ACCGS Lunch with Governor Deval Patrick, 11:45 a.m. to 1:30 p.m. Hosted by Springfield Marriott. Join us for lunch with the governor as he talks about his administration’s efforts to promote growth and opportunity in the Greater Springfield region. Cost: $50 for members, $60 for general admission. Package pricing is available; purchase a reservation to this event and the Nov. 21 Government Reception for just $80 for members, $120 for general admission. Reservations may be made online at  www.myonlinechamber.com or by calling Cecile Larose at (413) 755-1313.
• Nov. 21: ACCGS Government Reception, 5-7 p.m. Hosted by Carriage House, Storrowton Tavern, West Springfield. A great opportunity to meet socially with your local, state, and federal officials. Sponsored by Columbia Gas of Massachusetts, Baystate Health, Comcast, Western Mass. Electric Co., and United Personnel. Cost: $50 for members, $70 for general admission, including complimentary beverages and hors d’oeuvres. Package pricing is available; purchase a reservation to this event and the Nov. 19 ACCGS Lunch for just $80 for members, $120 for general admission. Reservations may be made online at  www.myonlinechamber.com or by calling Cecile Larose at (413) 755-1313.
• Dec. 4: ACCGS Business @ Breakfast, 7:15-9 a.m. Hosted by the Colony Club, Springfield. Community Foundation of Western Mass. President Katie Allan Zobel will explore the value of philanthropy, report on the success of the inaugural Valley Gives, and provide a sneak peek at this year’s 12-12-13 event. Sponsored by Masiello Employment Services. Reservations are $20 for members, $30 for general admission, including complimentary beverages and hors d’oeuvres.  Reservations may be made online at www.myonlinechamber.com.
• Dec. 11: ACCGS Lunch ‘n’ Learn, 11:30 a.m. to 1 p.m. Hosted by La Quinta Inns & Suites, 100 Congress St., Springfield. The program, “The Power of E-mail Marketing,” is a comprehensive look at best practices and winning strategies for getting an audience to open, read, and act on an email. Presented by Liz Provo, authorized local representative for Constant Contact. Reservations are $20 for members, $30 for generation admission, including networking time and a boxed lunch. Reservations may be made online at www.myonlinechamber.com or by calling Cecile Larose at (413) 755-1313.

AMHERST AREA CHAMBER OF COMMERCE
www.amherstarea.com
(413) 253-0700

• Nov. 20:
Chamber After 5, 5-7 p.m. Hosted by Amherst Survival Center, 138 Sunderland Road, Amherst. Sponsored by SciDose LLC. Come explore the new Amherst Survival Center. Make new contacts, see old friends, eat, drink, and network. Cost: $10 for members, $15 for non-members.
• Dec. 11: Chamber After 5/Holiday Party, 5-7 p.m. Hosted by the Lord Jeffery Inn, 30 Boltwood Ave., Amherst. Sponsored by Amherst Laser & Skin Care. Make new contacts, see old friends, eat, drink, and network. Cost: $10 for members, $15 for non-members.

CHICOPEE CHAMBER OF COMMERCE
www.chicopeechamber.org
(413) 594-2101

• Nov. 22: CheckPoint 2013 Legislative Luncheon, 11:30 a.m. to 1:30 p.m. Hosted by Wyckoff Country Club, Holyoke. Economic development and emerging technologies are the focus of this three-chamber legislative luncheon, with keynote speakers Sen. Gale Candaras and Rep. Joseph Wagner. Both serve in leadership positions on the Economic Development and Emerging Technologies Committee that committee considers matters of commerce, casino gambling and gaming, the racing industry, industrial development, retention of science- and technology-intensive industries, innovation systems from research to development, networking, the Internet, data storage and access, communication, biotechnology, stem-cell research, medical technology, medical devices, and more. The mayors of Chicopee, Holyoke, and Westfield are invited guests. Cost: $35 for members, $45 for non-members. Sponsored by PeoplesBank, Holyoke Gas & Electric, Holyoke Medical Center, Westfield Bank, Chicopee Savings Bank, United Personnel, FieldEddy Insurance, Whalley Computer, and Dave’s Truck Repair.
• Dec. 5: Holiday Party, 4:30-6:30 p.m. Hosted by the Chicopee Chamber of Commerce, 264 Exchange St., Chicopee. Free for all members.
• Dec. 7: New York Bus Trip. Bus leaves the chamber parking lot at 7 a.m. and returns at 9:30 p.m. Enjoy a day on your own in New York City. Cost: $48 per person. For more information, contact the chamber at (413) 594-2101.
• Dec. 9: Gail’s Retirement Party, 5:30 p.m. Hosted by Castle of Knights, 1599 Memorial Dr., Chicopee. After years of hard work and dedication, it’s time for Gail Sherman, president of the Greater Chicopee Chamber of Commerce, to take a permanent vacation. Join us as we offer her best wishes in her retirement. Cost: $25 per person.
• Dec. 18: December Salute Breakfast, 7:15-9 a.m. Hosted by the Log Cabin, 500 Easthampton Road, Holyoke. Cost: $20 for members, $26 for non-members.

GREATER HOLYOKE CHAMBER OF COMMERCE
www.holycham.com
(413) 534-3376

• Nov. 20: Chamber After Hours, 5-7 p.m. Hosted and sponsored by Marcotte Ford, 1025 Main St., Holyoke. Join us at the showroom for an evening of fun and networking, including a 50/50 raffle and door prizes. Cost: $10 for members, $15 for the public.
• Nov. 22: CheckPoint 2013 Legislative Luncheon, 11:30 a.m. to 1:30 p.m. Hosted by Wyckoff Country Club, Holyoke. Economic development and emerging technologies are the focus of this three-chamber legislative luncheon, with keynote speakers Sen. Gale Candaras and Rep. Joseph Wagner. Both serve in leadership positions on the Economic Development and Emerging Technologies Committee that committee considers matters of commerce, casino gambling and gaming, the racing industry, industrial development, retention of science- and technology-intensive industries, innovation systems from research to development, networking, the Internet, data storage and access, communication, biotechnology, stem-cell research, medical technology, medical devices, and more. The mayors of Chicopee, Holyoke, and Westfield are invited guests. Cost: $35 for members, $45 for non-members. Sponsored by PeoplesBank, Holyoke Gas & Electric, Holyoke Medical Center, Westfield Bank, Chicopee Savings Bank, United Personnel, FieldEddy Insurance, Whalley Computer, and Dave’s Truck Repair. To reserve tickets or for more information, contact the chamber at (413) 534-3376.

GREATER NORTHAMPTON CHAMBER OF COMMERCE
www.explorenorthampton.com
(413) 584-1900

• Nov. 19: Art of Consulting Workshop, 8:30-10 a.m. Hosted by the Greater Northampton Chamber of Commerce, 99 Pleasant St., Northampton. Presenter Don Lesser has been a consultant and run a business that uses consultants for more than 30 years. He will share the guiding principles of consulting that sum up the lessons he has learned over the past three decades. For more information, contact the chamber at (413) 584-1900.
• Dec. 2: New Member Info Session, 12-1 p.m. This is a chance to tell us more about your business and how the chamber can best serve you, meet other new members, and learn how to make to the most of your chamber membership. A light lunch will be served. RSVP to (413) 584-1900 or [email protected].
• Dec. 4: Northampton Chamber Monthly Arrive@5, 5-7 p.m. Hosted by Thornes Marketplace. Sponsored by Keiter Builders, Johnson & Hill Staffing, and United Bank. Arrive when you can, stay as long as you can for this casual mix and mingle with colleagues and friends. Cost: $10 for members, $15 for non-members.
• Dec. 17: 2013 December Incite Breakfast, 7:30-9 a.m. Presenting speaker: Kathleen McCarthy, Smith College president. Series sponsor: United Personnel. Cost: $20 for members, $30 for non-members.

GREATER WESTFIELD CHAMBER OF COMMERCE
www.westfieldbiz.org
(413) 568-1618

• Nov. 22: CheckPoint 2013 Legislative Luncheon, 11:30 a.m. to 1:30 p.m., Wyckoff Country Club, Holyoke. Economic development and emerging technologies are the focus of this three-chamber legislative luncheon, with keynote speakers Sen. Gale Candaras and Rep. Joseph Wagner. Both serve in leadership positions on the Economic Development and Emerging Technologies Committee that committee considers matters of commerce, casino gambling and gaming, the racing industry, industrial development, retention of science- and technology-intensive industries, innovation systems from research to development, networking, the Internet, data storage and access, communication, biotechnology, stem-cell research, medical technology, medical devices, and more. The mayors of Chicopee, Holyoke, and Westfield are invited guests. Cost: $35 for members, $45 for non-members. Sponsored by PeoplesBank, Holyoke Gas & Electric, Holyoke Medical Center, Westfield Bank, Chicopee Savings Bank, United Personnel, FieldEddy Insurance, Whalley Computer, Health New England, Milone & MacBroom, and Dave’s Truck Repair. RSVP by Nov. 20. For more information or to register for this luncheon, contact Pam Bussell at the chamber office at (413) 568-1618 or [email protected].
• Dec. 2: Mayor’s Coffee Hour, 8-9 a.m. Hosted by Dunkin’ Donuts, 625 East Main St., in the Little River Plaza Center. Mayor Daniel Knapik would like your participation in the upcoming coffee hour by submitting any questions, concerns, or ideas for discussion. He will also provide updates and news about the city. To submit questions and to register, call Pam Bussell at the chamber office at (413) 568-1618, or e-mail [email protected]. The public is welcome to attend.
• Dec. 13: Holiday Breakfast 2013, 7:15-9 a.m. Hosted by Tekoa Country Club, 459 Russell Road, Westfield. Platinum Sponsor: Westfield State University. Silver Sponsor: Easthampton Savings Bank. More information to come on this annual event.

PROFESSIONAL WOMEN’S CHAMBER
www.professionalwomenschamber.com
(413) 755-1310

• Jan. 15: Table Top Expo. For more information, contact Cecile Larose at (413) 755-1310 or [email protected].

Features
A photographic look back at the Expo

IMG_2038The third annual Western Mass. Business Expo, produced by BusinessWest and again presented by Comcast Business, was staged Nov. 6 in downtown Springfield. More than 2,200 attendees passed through the doors at the MassMutual Center, and they had an opportunity to visit more than 120 exhibitor booths, take in a dozen educational seminars, and watch several special presentations on the Show Floor Theater. The day’s programming started with the ACCGS November breakfast, featuring Jim Koch, founder of the Boston Beer Co. and the Samuel Adams Brewing the American Dream Program. Other highlights included the Professional Women’s Chamber November Luncheon featuring Kathrine Switzer, the first women to run in the Boston Marathon, as well as a Pitch Contest and Demo Day presented by Valley Venture Mentors, the day-capping Expo Social, and the announcement of the winner of the Greater Springfield Extreme Website Makeover contest.

AM7J1177AM7J1218AM7J1258Far left, Kate Campiti, associate publisher of BusinessWest, looks on as Springfield Mayor Domenic Sarno welcomes the crowd and kicks off the Expo. Left, members of the Young Professional Society of Greater Springfield represented the nonprofit networking organization at the show. From left are Kristin Foley, senior employment coordinator at Human Resources Unlimited; Stephanie Killian, event coordinator/marketing assistant at Inspired Marketing; Ashley Clark, commercial services officer at Westfield Bank; Jill Monson, owner of Inspired Marketing; Claudine Gaj, owner of Magic Spoon Catering; and Jeremy Casey, assistant vice president/commercial services officer at Westfield Bank. Below left, Wendy Bryne, left, strategic sourcing manager at MGM Resorts International, speaks with Sophia Sarno, office manager and sales at WhiteStone Marketing Group, at the MGM booth.

AM7J1752AM7J1226AM7J1400More than 120 businesses and nonprofits exhibited at the Expo. Among those seeking the attention of attendees were (clockwise from far left): QualPrint in Pittsfield, represented by, from left, Karen Vosburgh, head estimator, Michael Lennon, account executive, and Audrey Procopio, director of Marketing and Human Resources; Comcast Business, represented by, from left, Adam Dubilo, sales leader, Tina Peel, business account executive, Tim O’Brien, client solutions engineer, Charlie Tzoumas, regional vice president, Stephanie Bedard, marketing communications and operations specialist; Jessie Horne, commercial technician, Tim Paige, business account executive, and Jody Hart, business account executive; and Bay Path College, represented by Sheryl Kosakowski, director of Graduate Admissions (left), and Heather Bushey, associate director of Graduate Admissions.

AM7J1419AM7J1362AM7J1350AM7J1320AM7J1358AM7J1448Left to Right from top left: Eric Harlow, broker relations manager with Health New England, speaks with Kyle Seesman, community relations at ProEx Physical Therapy, at the HNE booth; Jill Tower, associate at Johnson & Hill Staffing (left), and June Liberty, director of Operations for the company, meet Albert Rivers, employment specialist with the Department of Elder Affairs in Springfield; attorneys David McBride and Amelia Holstrom await visitors to the Skoler, Abbott & Presser, P.C. booth; Representing the Isenberg School of Management at UMass Amherst were, from left, Kyle Bate, academic advisor, Judith Miller, director of Undergraduate Online Programs, Jennifer Meunier, director of Business Development and Promotional Strategies for Professional Programs, and Trista Hevey, business development analyst; John Veit, marketing and recruiting coordinator with Meyers Brothers Kalicka, and Teresa Perkins, senior associate for the firm, talk with Susan Smith, director of Business Development for We Care Computers; Brendan Fontanello, promotions manager, and Christine Moauro, marketing and web advertising specialist, staff the abc40/FOX 6 Springfield booth.

AM7J1741SwitzerAM7J1267AM7J1210IMG_2117-7x5AM7J1522AM7J1291AM7J1135AM7J1238The Expo featured entertainment, informative seminars, special presentations, and other highlights that gave attendees plenty to see, learn, and do. Left to right from top left: Kirk Smith, CEO of the Greater Springfield YMCA, presents a seminar titled “The New Business of a Nonprofit”; Luncheon speaker Kathrine Switzer relates the story of how she was the first woman to run in the Boston Marathon; Hector Bauza, president of Bauza & Associates, presents a seminar titled “Effectively Reaching the Hispanic Community”; from left, panelists Audrey Morse Gasteier, deputy director of Policy and Research and director of Employer Policy at the Health Connector; Elin Gaynor, Esq., complaints and appeals manager at Health New England and leader of the company’s Affordable Care Act implementation team, and Marc Criscitelli, vice president at FieldEddy Insurance, lead a presentation titled “Understanding Obamacare”; Peter Ellis, creative director/vice president of DIF Design and organizer of the Springfield Extreme Website Makeover contest, presents a ceremonial $25,000 check to La Esperanza: The Hope of the Pioneer Valley Inc., an organization that provides comprehensive breast-health education and support services to Latina women in Springfield, Holyoke and Chicopee. Beside Ellis, from left, are Linda Cooper, a member of La Esperanza’s board of directors, Jeanette Rodríguez, the organization’s executive director, and Kate Campiti, associate publisher of BusinessWest; Alysia Cutting Cosby (above), a vocalist and actress from Dream Studios of Springfield, leads a group in a performance on the Show Floor Theater; John Maguire, president and CEO of Friendly’s Corp., talks about ongoing efforts to revitalize the company’s brand; Jim Koch, co-founder and chairman of the Boston Beer Co., the breakfast keynote speaker, uses some of his own product to gets his points across; Duane Cashin, president and CEO at Cashin & Co., presents a seminar titled “The Future of Sales.”

AM7J1699AM7J1705IMG_2098A special Pitch Contest & Demo Day showcased local entrepreneurs and those looking to get businesses off the ground. Left to right from far left: Dave (left) and Mike Mullen from KloudBook make their two-minute pitch. Bottom left: judge Ryan Walsh, operations manager from MassChallenge, makes some comments to one of the presenters. The other judges were Paul Peter Nicolai, principal of Nicolai Law Group P.C. (also pictured); Linda Peters, with the Isenberg School of Management at UMass; Stephen Davis, with the Irene E. and George A. Davis Foundation; and Joel Vengco, vice president and chief information officer, Information &  Technology, for Baystate Health. Above: the pitch contestants contestants included, from left, Daniel Ross of Mission Control, Mike Mullen from KloudBook, Kacey Clark from PeopleHedge, MJ Jang from Voncierge, Natasha Clark of Lioness magazine, Richard Stevens from Worksafe Technology, Diane Pearlman from Berkshire Film and Media Commission, Dan Koval from Worksafe Technology, Dede Wilson from Bakepedia, Marcie Muehlke from Celia Grace, Dave Mullen from Kloudbook, and Dino Larouche from KnowledgeWare21.

IMG_2129AM7J1883IMG_2132AM7J1893The Expo Social, the day-capping networking event, drew a large crowd. Left to right from far left: from MGM Resorts International, from left, Gerri Harris, director of Contract Administration, Frank Scharadin, executive director of Strategic Sourcing, Michelle Reichert, strategic sourcing manager, and Mark Stolarczyk, vice president of Global Procurement; from left, Kristi Reale, senior manager of Meyers Brothers Kalika, P.C.,Teresa Utt, senior account executive for Andrew Associates, and Joanne Haley, senior associate, and Anthony Gabinetti, senior manager, audit and accounting, both with Meyers Brothers Kalicka; from left, John Gormally, publisher of BusinessWest and owner of WGGB abc40/FOX 6 Springfield, Jeff Ciuffreda, president of the Affiliated Chambers of Commerce of Greater Springfield, John Garvey, president of Garvey Communication Associates and board member of Valley Venture Mentors, and Dawn Creighton, regional director of AIM; David Condon, owner of Northern Security Systems (left), and Jim White, co-owner of Go Graphix.

Banking and Financial Services Sections
Know the Rules When It Comes to Reimbursements, Deductions

Kristina Drzal-Houghton

Kristina Drzal-Houghton

A taxpayer who is reimbursed for expenses paid or incurred in connection with his services as an employee doesn’t include the reimbursement in gross income if it’s paid under a reimbursement or other expense-allowance arrangement that’s an ‘accountable plan.’
A reimbursement or other expense-allowance arrangement is an arrangement that meets the following three requirements:
• A business-connection requirement, which requires the advances, allowances, or reimbursements to be for only specified, deductible business expenses that are paid or incurred by the employee in connection with his services as an employee;
• A substantiation requirement, which requires the employee to substantiate each business expense to the payor; and
• A returning-amounts-in-excess-of-expenses requirement, which requires that the employee return to the payor, within a reasonable time, any amount paid under the arrangement in excess of the expenses substantiated.
Although reasonable expectations for expenses can be used to establish that a plan meets the business-connection requirement, satisfaction of the substantiation and return-of-excess requirements must be based on expenses actually incurred.
If the arrangement meets the three requirements listed above, all amounts paid under the arrangement, up to the amount of expenses treated as substantiated, are treated as paid under an accountable plan — i.e., the amounts are excluded from the employee’s gross income, aren’t reported as wages or other compensation on the employee’s Form W-2, and are exempt from withholding and payment of employment taxes.
If the arrangement does not satisfy one or more of the requirements listed above, all amounts paid under the arrangement are treated as paid under a non-accountable plan — i.e., the amounts are included in the employee’s gross income, must be reported as wages or other compensation on the employee’s Form W-2, and are subject to withholding and payment of employment taxes.
For this reason, a court rejected a taxpayer’s argument that his substantiated payments should be treated as made under an accountable plan, while the unsubstantiated payments wouldn’t be so treated, because doing so would effectively eliminate the substantiation requirement from the accountable-plan test.
The above requirements are applied on an employee-by-employee basis. So, for example, the failure by one employee to properly substantiate expenses under an arrangement won’t cause amounts paid to other employees to be treated as paid under a non-accountable plan.
The requirements must be fully complied with; ‘substantial compliance’ won’t suffice. Additionally, there is no ‘industry practice’ exception to the accountable-plan requirements.
If a payor provides a non-accountable plan, an employee who receives payments under the plan can’t compel the payor to treat the payments as paid under an accountable plan by voluntarily substantiating the expenses and returning any excess to the payor.
Automobile expenses can be reimbursed based on actual operating expenses, using an optional mileage allowance, or based on a fixed or variable rate allowance. Travel expenses (lodging, meals, etc.) can be reimbursed based on per-diem allowances for the particular location.

What Qualifies as an Accountable Plan?
To qualify as an accountable plan, a reimbursement plan must require an employee to return to the payor (i.e., employer, its agent, or a third party), within a reasonable period of time, any amount paid under the arrangement in excess of the expenses substantiated. However, this requirement doesn’t apply to a reimbursement arrangement in which only the substantiated expenses are reimbursed. In such a plan, there should be no excess to return. The determination of whether a plan requires an employee to return amounts in excess of substantiated expenses will depend on the facts and circumstances.
Illustration 1: Employer W pays its employees a mileage allowance to cover automobile business expenses that exceeds the deemed substantiated amount by 50 cents per mile. The allowance is reasonably calculated not to exceed the amount of the employee’s expenses or anticipated expenses.
Illustration 2: In anticipation of employee business expenses that Corporation X doesn’t reasonably expect to exceed $400 in any quarter, Corporation X advances $1,000 to Employee A. Whenever Employee A substantiates an expense, Corporation X provides an additional advance in an amount equal to the amount substantiated, thereby providing a continuing advance of $1,000. The amounts advanced under this arrangement aren’t reasonably calculated so as not to exceed the amount of anticipated expenditures.
The requirement to return excess amounts is also satisfied only if the employee actually returns those excess amounts. Satisfaction of this requirement must be based on expenses actually incurred; reasonable expectations aren’t sufficient.
Although reasonable expectations for expenses can be used to establish that a plan meets the business-connection requirement, satisfaction of the substantiation and return of excess requirements must be based on expenses actually incurred.
Illustration 3: Employer Y provides expense allowances to certain of its employees to cover bona-fide employee business expenses under an arrangement that requires the employees to substantiate their expenses within a reasonable period of time and to return any excess amounts within a reasonable period of time. Each time an employee returns an excess amount to Employer Y, however, Employer Y pays the employee a bonus equal to the amount returned by the employee. The arrangement fails to satisfy the requirement to return excess amounts.
If an expense arrangement has no mechanism or process to determine when an allowance exceeds the amount that may be deemed substantiated and the arrangement routinely pays allowances in excess of the amount that may be deemed substantiated without requiring actual substantiation of all the expenses or repayment of the excess amount, the failure of the arrangement to treat the excess allowances as wages for employment-tax purposes causes all payments made under the arrangement to be treated as made under a non-accountable plan.
As a result, the payments will be included in the employee’s gross income. They will be reported as wages or other compensation on the employee’s Form W-2, and will be subject to withholding and payment of employment taxes.

Additional Hurdles
Even though amounts may be paid or reimbursed under an accountable plan, additional hurdles may apply.
Expenses paid or incurred for lodging aren’t incurred in carrying on your trade or business if the lodging is extravagant or lavish under the circumstances, or primarily provides an individual with a personal benefit — such as to allow an employee to avoid a long commute — or social benefit.
In addition to meeting the requirements for deductibility, entertainment expenses must also be directly related to the actual conduct of a taxpayer’s trade or business or, if directly preceding or following a business discussion, be associated with the actual conduct of a taxpayer’s trade or business.

Kristina Drzal Houghton, CPA, MST is a partner with the Holyoke-based accounting firm Meyers Brothers Kalicka, and director of the firm’s Taxation Division; [email protected]

Departments People on the Move

Bryan Moore

Bryan Moore

Country Bank recently named Bryan Moore Small Business Lending Officer, Commercial Lending Department. In this role, Moore will connect with regional business owners and assist small businesses with lending and business-banking needs, specifically through the SBA Express Program, which offers a quick turnaround and a fair-priced lending alternative to qualified borrowers. Moore began his banking career as a Personal Banking Representative for Sovereign Bank in 2006 and earned a BS with a double major in International Business and International Economics from Assumption College.
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Keith Minoff

Keith Minoff

Springfield-based Attorney Keith Minoff has been selected for inclusion on the 2014 list of Massachusetts Super Lawyers. The Super Lawyers selection process is based on 12 indicators of peer recognition and professional achievement. Only 5% of the lawyers in each state are selected each year for inclusion. In practice for over 25 years, Minoff specializes in business and employment litigation.
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Tonya Laird

Tonya Laird

North Brookfield Savings Bank announced the promotion of Tonya Laird to Branch Manager at the bank’s North Brookfield/Gilbert Street location from the her previous position of Assistant Branch Manager. Laird joined North Brookfield Savings in 2002 as a teller, and brings an employment and educational background in customer service, management, IRAs, and other facets of banking and finance.
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Tanzania Cannon-Eckerle

Tanzania Cannon-Eckerle

Tanzania Cannon-Eckerle, Esq., an attorney at Royal LLP, a Northampton-based, woman-owned, management-side labor and employment law firm, has been elected to serve as a Member of the Board of Directors of the Hampshire Regional YMCA.
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Skoler, Abbott & Presser, P.C., with offices in Springfield, Worcester and Meriden, Conn., announced that six of the firm’s attorneys have been selected for inclusion in the 2013 Super Lawyers list for their contributions to employment law. Each year, no more than 5% of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor:


Ralph Abbott Jr

Ralph Abbott Jr

Ralph Abbott Jr., a partner since 1975, represents management in labor relations and employment-related matters, providing employment-related advice to employers, assisting clients in remaining union-free, and representing employers before the National Labor Relations Board. Abbott also has numerous credits as an author, editor, and teacher; boasts a record of civic and community involvement; has been ranked as one of the best labor and employment attorneys in Massachusetts by the prestigious Chambers USA rating service; and has been named Best Lawyers Management Lawyer of the Year in Springfield for 2014;



Marylou Fabbo

Marylou Fabbo

Marylou Fabbo, a partner in the Springfield office, joined the firm in 1995. Head of the firm’s litigation team, she practices in all areas of employment litigation and provides counsel to management on taking proactive steps to reduce the risk of legal liability that may be imposed as the result of illegal employment practices, and defends employers who are faced with lawsuits and administrative charges filed by current and former employers;






Susan Fentin

Susan Fentin

Susan Fentin, a partner in the firm, joined the practice in 1999 after spending several years working in the labor and employment department of a large Hartford firm. Fentin is editor of the Massachusetts Employment Law Letter and has been ranked as one of the best labor and employment attorneys in Massachusetts by the prestigious Chambers USA rating service. She teaches master classes on both the FMLA and the ADA and is experienced in both labor law and employment litigation;






John Glenn

John Glenn

John Glenn, a partner of the firm since 1979, has spent his career representing management in labor relations and employment-related matters. He assists clients in remaining union-free and represents employers before the National Labor Relations Board. Glenn has extensive experience negotiating collective-bargaining agreements and representing employers at arbitration hearings and before state and federal agencies. Prior to joining the firm, Glenn was employed by the National Labor Relations Board in Cincinnati. He has served as an Adjunct Professor of Labor Law at Western New England University School of Law and is a member of the American Academy of Hospital Attorneys;



Kimberly Klimczuk

Kimberly Klimczuk

Kimberly Klimczuk joined the firm in 2004 and concentrates her practice on labor law and employment litigation. Her experience includes negotiating collective-bargaining agreements and advising on contract interpretation, and successfully defending clients in state and federal court and before administrative agencies in a variety of areas of employment law, including wage-and-hour law, discrimination, harassment, wrongful discharge, breach of contract, and workers’ compensation claims. She has assisted employers in compliance matters involving the Office of Federal Contract Compliance Programs; and



Jay Presser

Jay Presser

Jay Presser has more than 35 years of experience litigating employment cases, has successfully defended employers in civil actions and jury trials, and has handled cases in all areas of employment law, including discrimination, sexual harassment, wrongful discharge, wage-and-hour law, FMLA, ERISA, and defamation. Presser has won appeals before the Supreme Judicial Court and the First and Second Circuit Courts of Appeals, and represented employers in hundreds of arbitration cases arising under collective-bargaining agreements.
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Anabela Blake

Anabela Blake

TD Bank has promoted Anabela Blake to Assistant Vice President, Store Manager II in the store located at 60 Main St. in Westfield. She will continue to be responsible for new business development, consumer and business lending, managing personnel, and overseeing the day-to-day operations at the store. Blake has 25 years of experience in retail sales and banking and joined TD Bank in 2004 as an Assistant Store Manager before her most recent position as Store Manager I. Blake is a 1995 graduate of Western New England University.
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The YMCA of Greater Springfield recently announced the advancement of two of the organization’s senior leaders:

Kristine Allard

Kristine Allard

Kristine Allard was named Chief Operating Officer and will oversee all operations for the association’s three family centers, as well as fund development and communications for the organization. Serving in the agency’s number-two position, Allard joined the YMCA of Greater Springfield in 2011 as Vice President of Development & Communications; and





Robin Olejarz

Robin Olejarz

Robin Olejarz has added the title of Chief Administrative Officer to her role as Chief Financial Officer. In addition to managing the association’s financial health, Olejarz, who joined the YMCA team in 2006, will provide oversight to the agency’s policies, standards and procedures, human resources, and projects, facilities, and risk management.

Briefcase Departments

State Moves Forward with Interstate 91 Study
SPRINGFIELD — State officials have chosen a consultant to study possible alternative alignments for Interstate 91 through Springfield, while highway officials proceed with a plan to replace decks on a deteriorating elevated portion of the highway in the city. The state Department of Transportation has selected the Cheshire, Conn.-based consulting firm Milone & MacBroom to evaluate alternatives for a section of Interstate 91, including possibly depressing the highway section to ground level or below ground. At the same time, the state highway division will be moving forward with a plan to replace decks on the crumbling Interstate 91 viaduct. Milone & MacBroom will study a section of Interstate 91 south of the most elevated portion of the viaduct near the Naismith Memorial Basketball Hall of Fame. At the same time, the state highway division will develop a plan for replacing the decks of the existing Interstate 91 viaduct, which raised safety concerns after a chunk of concrete fell from the section in April. The activity comes amid plans by MGM Resorts International to build $800 million casino in the South End of Springfield that would front Interstate 91 and would draw most of its traffic from the highway. MGM is competing with Mohegan Sun Massachusetts in Palmer for the single casino license to be awarded in Western Mass. The state is starting contract negotiations with Milone & MacBroom with a goal of starting work in January. The firm will coordinate with the state highway division as it moves forward with its proposal to replace the decks on the viaduct.

U.S. Manufacturing Gains 2,000 Jobs in September
WASHINGTON, D.C. — The latest monthly U.S. jobs report shows America’s manufacturing sector gained 2,000 jobs in September. However, for all of 2013, the U.S. has gained only 12,000 manufacturing jobs. Commented Scott Paul, President of the Alliance for American Manufacturing (AAM), “in manufacturing, we’ve been treading water for nearly 18 months now. Yet no one in Washington seems to care. The September jobs report shows that private-sector job growth, and manufacturing in particular, is too weak to put the U.S. on a sound fiscal footing or to get the middle class back on track. It’s time for Congress to stop manufacturing crises and deal with our real manufacturing crisis. Washington needs to put into place policies that will get America back to work. The neglect is glaring: 70,000 structurally deficient bridges. Math and science achievement down compared to other industrialized nations. And our economic competitors are not standing still. This is no way to run a country or to support the private sector’s efforts to create jobs. And here’s the kicker: the October numbers could be even worse.” President Obama set a goal of creating 1 million new manufacturing jobs in his second term. To follow the president’s progress, the AAM continually updates a jobs tracker based on monthly jobs data from the Bureau of Labor Statistics (BLS).

Student Debt Load Rising in Bay State
BOSTON — More students in Massachusetts public universities and colleges are incurring larger amounts of debt to finance their educations, the state higher education commissioner told lawmakers recently. “Let me sound the alarm on this issue,” Commissioner Richard Freeland said at the fourth in a series of hearings on college debt. “Make no mistake: the burden of student debt could derail us from achieving our goals.” The average debt for graduates of the University of Massachusetts system, other state universities, and community colleges increased 27% from fiscal 2008 through fiscal 2011, the last year for which data are available, Freeland said. And the percentage of graduates who accumulated debt rose across all levels, including a high of 64.8% at the state universities in 2011. The average graduate in the UMass system left with $26,844 in debt in 2011, an increase of $5,525 over three years earlier. At other state universities, the average figure was $22,362, a jump of $4,822. For graduates of community colleges, the average debt in 2011 ranged from $7,229 for graduates with associate degrees to $4,655 for graduates with one-year certificates or less. The percentage of graduates who left the UMass system in debt rose to 61.4% in 2011 from 57.9% in 2008. The biggest increase in public institutions, from 31.1% to 48.6%, was registered by community-college graduates with one- or two-year certificates.

Savage Arms, Cirtec Medical Win Grants
WESTFIELD, EAST LONGMEADOW — Firearms manufacturer Savage Arms in Westfield and Cirtec Medical in East Longmeadow, a maker of medical devices, have been awarded grants from the state’s Workforce Training Fund to expand their workforces and train employees in lean-manufacturing processes. Savage Arms was awarded $179,600, which will be used to train 400 employees, and 48 new jobs are expected to be created. Cirtec Medical was awarded $106,805, which will be used to train 63 employees, and three new jobs are expected to be created as a result of training. Lean manufacturing emphasizes on avoiding waste and improving quality, and is based on the Toyota manufacturing methods. The two awards are part of a package of 37 grants totaling $2.8 million. All told, the grants fund 3,106 current and newly hired employees. Savage Arms represents one-third of the total market for traditional firearms, with a particular focus on bolt-action rifles. Cirtec Medical is a contract design, development, and manufacturing firm focusing on medical devices, with a particular strength in active and passive implantable devices and minimally invasive systems.

State Increases Incentives for Hiring Veterans, Long-term Unemployed
BOSTON — The Executive Office of Labor and Workforce Development announced that it has more than doubled cash grants available to employers hiring Massachusetts residents who have been unemployed for six months or more, or Massachusetts veterans (regardless of length of unemployment). Increased grant funding is available through the state’s Hiring Incentive Training Grant (HITG), a program of the Massachusetts Workforce Training Fund. Any for-profit company or nonprofit organization that contributes to the Massachusetts Workforce Training Fund, a state fund enacted in 1998, is encouraged to apply. Eligible employers may now apply for grants of $5,000 for each new hire who meets the HITG program requirements. Employers may receive up to $75,000 each calendar year. Upon approval, payment will be available to the employer once the new hire has retained employment for at least 120 days. A copy of the Hiring Incentive Training Grant application, eligibility requirements, frequently asked questions, and other relevant materials are available at EOLWD’s website, www.mass.gov/hiringgrant. Grant awards are subject to funding availability, and applications are reviewed on a rolling basis.

Retailers Cautious About Seasonal Hiring Boosts
WASHINGTON — Facing economic wariness and wavering consumer confidence, retailers are approaching their holiday hiring with caution, forecasters say. Research firm Challenger, Gray & Christmas said it expects hiring will, at best, match the 752,000 retail jobs that were added last year between October and December, and the National Retail Federation projects retailers will add between 720,000 and 780,000 seasonal workers this year. Retailers are making their staffing decisions against a backdrop of uncertainty caused by tepid economic growth and, more recently, standoffs in Congress over funding the federal government and the debt limit. Toys R Us plans to hire 45,000 workers, about the same as it hired last year. Kohl’s is poised to hire 50,000 workers, also consistent with its 2012 hiring. Macy’s is set to add 83,000 seasonal workers, a slight increase from the 80,000 brought on the previous year. Wal-Mart says it will hire 55,000 holiday workers, a 10% increase from 2012. It will also transition an additional 35,000 temporary workers to part-time positions and yet another 35,000 part-time workers to full-time positions. Meanwhile, Target plans to pare back its seasonal staffing, expecting to add 70,000 workers in 2013 compared with 88,000 last year. The company said it will focus on giving existing staffers the chance to work extra hours. Foot traffic to bricks-and-mortar stores is taking a hit as more consumers buy online. That growth is reflected in Amazon.com’s hiring plans; the online giant expects to create 70,000 seasonal positions, a 40% increase from last year. While holiday retail hiring is expected to be somewhat flat, sales are expected to inch up. The National Retail Federation forecasts a 3.9% increase to $602.1 billion, an improvement over last year’s sales growth of 3.5% over 2011.

WSU President Files Suit Against Several Parties
WESTFIELD — Evan Dobelle, the embattled president of Westfield State University who was placed on paid leave of absence last month amid investigations of alleged improper spending and violations of university policies regarding travel and credit, has filed suit in U.S. District Court in Springfield against a number of parties directly or indirectly related to the action taken against him. Dobelle, who is suing the university, Higher Education Commissioner Richard Freeland, three trustees, the school’s accounting firm, a Boston law firm, and the university’s lawyers, is seeking an unspecified amount of money and legal fees. He claims that Freeland and the trustees are waging a “guerilla war for control of the university,” and that Freeland used extortion-like tactics in an attempt to force Dobelle from office. The suit also alleges that trustees Chairman John Flynn III conducted a “one-man investigation” into Dobelle’s travel between 2008 and 2013. Also named in the suit are trustees Kevin Queenin and Elizabeth Scheibel, the former Northwestern district attorney; the Braintree-based accounting firm O’Connell and Drew; Rudin and Rudman, a Boston law firm; and James Cox, lawyer for the Board of Trustees. The trustees voted on Oct. 15 to suspend Dobelle, following a 10-hou, closed-door meeting the president. The board also hired a Boston-based law firm to investigate Dobelle’s travel and spending, and report back by Nov. 25.

Law Sections
Royal LLP Helps Clients Get Down to Business

Amy Royal, founding partner of Royal LLP.

Amy Royal, founding partner of Royal LLP.

It’s an accepted trope that society has become more litigious, Amy Royal says, but not every business understands the implications of that fact.
“When someone loses a job, nine times out of 10, they don’t accept ownership or think it was anything they did, but it must be someone else’s fault,” said Royal, founding partner of Royal LLP, a Northampton-based, management-side labor and employment law firm.
“Unfortunately, our system makes it very easy for disgruntled employees to file claims against their former employer,” she continued. “You can go to a state agency and file for free. You can go to an attorney and engage their services without any real out-of-pocket costs. Because of that, numerous frivolous claims are filed every single day. A lot of people who may have engaged in misconduct are still able to take advantage of the system. It impacts everyone.”
Therefore, one service Royal provides its business clients is helping them to be proactive in a litigious world and develop practices that will save money and headaches in the long run.
“Documentation is key — and adequate documentation,” Royal told BusinessWest. “On the litigation end of things, when I get a case, I meet with the client and hear about how awful this employee was, stories of acts of misconduct, times they didn’t show up for work, and I think this is going to be a slam dunk. And I ask to see the personnel file, and there’s nothing in there to support that, or the documentation isn’t very good.”
So Royal teaches supervisors not only the importance of creating a paper trail, but how to write disciplinary actions that will stand up to scrutiny later on. “You’re writing it for the future — for courts, judges’ eyes, investigators’ eyes. What information do you want to put in there? It goes back to the journalistic principles of who, what, when, where … just stick to the facts.”
That’s one example of how Royal LLP aims to be a partner with its clients, not just a resource they turn to when they’re in legal hot water.
This month marks the five-year anniversary of the firm, which was launched first as Royal & Munnings — with Aimee Munnings, who now runs a large nonprofit organization in Washington, D.C. — and later as Royal & Klimczuk, with Kimberly Klimczuk, who currently works at Skoler, Abbott & Presser, P.C. in Springfield.
Since operating under her solo name, Royal has built a law firm of nine attorneys and has largely realized her initial goal “to create a pre-eminent management-side labor and employment law firm that would support the growth of women and minority attorneys.” Five full-time attorneys are women, and one is African-American.
“It’s really been my mission to provide these opportunities to women and minorities, primarily because, when I started my career, I didn’t see that support, or depth of support,” she recalled. “What prompted me in particular was a report that came out of MIT, around 2007 or 2008, that basically talked about the fact that women attorneys were leaving the private practice of law in large, startling numbers.”
She wondered why, then found the answer. “The women that MIT polled, who took part in the study, said there was no work-life balance in the law firms; they just didn’t support it. I thought, how can that be, especially with the technology today? With the way law firms are structured, a lot of the work can be done at any time, so why is that happening? There must be a solution.”
For this issue and its focus on law, BusinessWest takes an in-depth look at that solution and how this firm intends to stay on its current pattern of consistent growth.

Case in Point

Amy Royal (center, with Karina Schrengohst, left, and Tanzania Cannon-Eckerle)

Amy Royal (center, with Karina Schrengohst, left, and Tanzania Cannon-Eckerle) says she set a goal early on of establishing a law practice where women attorneys could succeed and still maintain a healthy work-life balance.

Royal said the economic downturn of the past few years caused many companies to scale back their budgets — in some cases, cutting out preventive work such as training, policy development, audits, and record keeping. But that’s not smart practice, she added.
“I’m a firm believer that, if you spend a little bit of money now, it goes a long way to prevent headaches later,” she said. “While I think I’m really good at putting out fires for clients and problem solving and coming up with innovative solutions immediately, from a business perspective, that’s not the way you want to operate. You don’t want to always be reacting.”
That applies to a wide variety of situations, not just dealing with disgruntled ex-employees.
“For example, fairly recently, I had a company that has always been union-free, and hopefully will continue to be union-free, but they’ve had some union chatter in their organization, and once that train gets going, it’s harder to stop.” So she worked with the client on strategies to reduce the risk of unionization.
“Obviously, there are steps you can take to prevent a union from successfully coming through the door,” Royal said, “but there are many steps you can take before they even arrive, and it’s so much harder to stop it once it’s already on that course than to think about the steps you want to take over the next year, two years, three years to prevent it from ever happening.”
The launch of her own law firm coincided with the financial collapse of 2008, and building a practice over the next five turbulent years has given Royal some strong ideas about what clients want.
“It got me thinking about the future of the law and trends in the law and the delivery of legal services,” she said. So, this year, the firm introduced a flat-fee system that can be structured in several different ways. “I do believe the trend is move away from traditional billable hours, because in what other field do you purchase a product without knowing what the price is going to be? It’s only human that people want certainty in their billing; they want to know what they’re paying for. So we’ve come up with different flat-fee programs; one is all-inclusive and encompasses litigation as well.
“Even some law firms that may be on the cutting edge and have decided to provide some flat-fee services, I don’t think they have done that in the context of litigation because litigation can be so unknown,” she continued. “However, since we have this niche in management-side labor and employment law, we’re able to predict the costs, and we’re able to provide a very reasonable flat-fee arrangement to clients, similar to what you get with insurance, where you share in the risk, so to speak.”

Navigating a Minefield
The risk for businesses comes in many forms, especially at a time when employment law is becoming more complex and tilting, in many ways, toward broader workers’ rights. For instance, the Americans with Disabilities Act of 1990 was amended in 2008 to define virtually anyone with any form of physical and mental impairment as ‘disabled,’ granting them added protection in the workplace.
“That has obviously created a lot of issues and uncertainties,” Royal said. “It’s also an area our state agencies and the Massachusetts Commission Against Discrimination have focused in on. They’ve taken the position that everyone is disabled, and therefore your company needs to be providing accommodations and engaging in dialogue with employees about what accommodations you can give them.”
Those issues can, frankly, be confusing for businesses, which often need a consultant like Royal LLP to train them in how to engage in that dialogue.
The training she and her fellow attorneys provide often takes the form of role-playing exercises with a company’s supervisory staffers, which can be a more effective learning tool than a dry lecture. “We’ve tried to make our trainings very practical and very interactive,” she said.
Other expertise the firm offers has nothing to do with litigation or employee grievance. For example, it helps companies create succession plans — not just for key executives, but for other critical staffers, such as a program manager for a nonprofit. “Do you have a plan in place to deal with the loss?”
The broad range of issues involved in employment law appeals to Royal, as do the long-term relationships she has built hammering out those issues for clients.
“We end up being their trusted business confidant, and that’s the really exciting thing,” she said. “We get to wear different hats — we get to be their advocate in court and litigate hard and aggressively for the client; we get to be their counsel that advises and helps them make plans that are both business-based and have legal implications; and we also get to be their educator, get to train them and their staff in how to stay out of trouble, or at least miminize their exposure to legal risk.”
The steps companies need to take might seem obvious, she told BusinessWest, but aren’t always followed in the day-to-day struggle to survive in a down economy.
“A lot of what I hear from management is there’s not enough time in the day to document issues, and I’m sensitive to that, because I run a business, too,” Royal said. “Again, if you go back to the training and the journalism approach of who, what, when, where, if you jot that down on a piece of paper, it’s not going to take you all that long, and it’s going to save you time in the long run, when you’re embroiled in litigation.”

Community Ties

As she builds the firm’s reputation in area communities — it has a second office in Springfield — Royal said it’s equally important to stay involved in civic life outside the workplace.
“Something I hope to instill in the other attorneys is being active in the community and giving back to the community,” she said. “It’s so important and so beneficial to everyone. So we do have a lot of our staff active in the community.”
Specifically, Royal serves on four different boards and chairs the United Way of Hampshire County, while the other attorneys are active on various boards or nonprofits. “It’s really important to me, and something that has really engaged the attorneys here and gets them to connect with our clients and the community in a different way.”
That’s the kind of work-life balance she knew was possible when she set out with a goal to establish, as she puts it, the pre-eminent labor and employment law firm in this region.
“I do expect additional growth, especially in the Connecticut arena,” she told BusinessWest. “Three of our attorneys are admitted to practice there, and I do have a Connecticut client base.”
Royal LLP has come a long way in just five years, but that doesn’t surprise its founder.
“That was my hope and my vision and my push. I’ve worked really hard to get the Royal name out there in every way I possibly could. So I’m really pleased, but I continue to make that push and want to continue to grow.”

Joseph Bednar can be reached at  [email protected]

Law Sections
Beware — There Are Some Traps for the Unwary Employer

By KATHRYN S. CROUSS, Esq.

Kathryn S. Crouss, Esq.

Kathryn S. Crouss, Esq.

The Commonwealth of Massachusetts has strict regulations regarding employee records, and non-compliance can be costly for employers. Employers and employees should be aware of certain obligations and rights regarding an employee’s personnel file under the Massachusetts personnel records statute.
Amended in recent years to expand employers’ duties, the statute outlines certain affirmative obligations on the part of employers regarding an employee’s personnel record.
The statute defines a personnel record as a “record kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.” In short, all documents such as internal memos, letters, disciplinary actions, or notes that are being used, have been used, or could potentially be used to affect an employee’s employment are considered part of that employee’s personnel record.
Whether the employer keeps records in the employee’s formal personnel file or in various files, these records are subject to the requirements of the Massachusetts personnel records statute.
Here are more things you need to know:

Review of Personnel Records
The statute has several notable requirements relevant to both employers and employees. Employees and former employees have the right to request any documents that their employers used to evaluate, investigate, or discipline them. They also have the right to review their personnel records within five business days, provided that the request to review the record is made to the employer in writing.
In response, the employer is required to produce all information identifying the employee that is subject to the statutory requirements. While the employee’s written request may imply that the employee is requesting only information formally kept in his or her personnel file, employers must be mindful that the statute’s definition of an employee’s ‘personnel record’ is very expansive, and must carefully examine all records related to the requesting employee to ensure full compliance with the statute’s requirements.
Notably, employers will be in compliance with the statute if they simply allow the requesting employee to review his or her personnel record at the business itself; the statute does not require the employer to copy and forward all records to the employee.

Notice Requirement
New to the most recent amendment, employers must now notify employees within 10 days whenever a document potentially affecting an employee’s employment is placed in the personnel record. Specifically, the statute states that “an employer shall notify an employee within 10 days of the employer placing any information in the employee’s personnel record to the extent that the information is being used, has been used, or may be used to negatively affect the employee’s qualification for employment, promotion, transfer, or additional compensation, or the possibility that the employee will be subject to disciplinary action.”
The implications of this recent requirement are significant for employers. They must now be more vigilant about how they document personnel issues, as each time a document meeting the expansive requirements of the statute is placed in an employee’s personnel file, the employee must be notified. Additionally, employees now have the right to explain or rebut all information they may dispute in their personnel files in response to notification regarding negative information. The statute requires that an employee’s rebuttal to any negative information be transmitted to third parties along with the disputed information.

Exceptions
The most recent amendment to the statute provides that employees will not be permitted to review their personnel records more than twice in a calendar year. However, if an employee makes a request to review his or her personnel record after being notified of negative information, as discussed above, the amendment specifically exempts such reviews from the two reviews permitted each year.
In addition, the statute specifically indicates that a personnel record cannot contain information about another employee if disclosure of the information would be likely to invade the other employee’s privacy. Employers should be careful to edit any information that identifies other employees in disciplinary action forms, notes, memoranda, and the like, in order to comply with the statute’s privacy provision.

Specific Requirements for Larger Employers
Larger employers should note that the statute specifies what written information or documents must be contained in personnel records kept by employers with 20 or more employees. Such personnel files must contain the employee’s name, address, date of birth, job application, résumés, job title and description, compensation, starting date, lists of probationary periods, performance evaluations, written warnings of substandard performance, any other documents relating to disciplinary action, dated termination notices, and waivers signed by employees.

Enforcement
The statute does not provide for a private right of action, so employees cannot file a lawsuit if they believe that their employer has violated the statute. However, the Massachusetts personnel-records law is enforced by the attorney general, who may impose fines between $500 and $2,500 for violations. These fines are applicable regardless of the number of employees an employer has.
The statute leaves many questions open regarding an employer’s responsibility related to an employee’s personnel file, so employers are advised to contact an employment-law attorney to create a compliant personnel-records policy.

Kathryn S. Crouss, Esq. is a member of Bacon Wilson’s litigation department and handles all aspects of civil litigation, including employee and management-side employment-law litigation, personal injury, and domestic-relations litigation; (413) 781-0560; baconwilson.com/attorneys/crouss

Law Sections
Take Steps to Reduce Risk of Disability-discrimination Claims

Karina L. Schrengohst

Karina L. Schrengohst

The Massachusetts Commission Against Discrimination (MCAD) and its federal counterpart, the Equal Employment Opportunity Commission (EEOC), have identified disability discrimination as one of their top priorities.  Consequently, employers would be wise to take preventive steps to reduce their risk of liability, such as implementing anti-discrimination and anti-harassment policies and training their employees about such policies.
In a nutshell, under state and federal law, it is unlawful to discriminate on the basis of disability in employment decisions such as hiring, promotion, compensation, discipline, discharge, and other terms and conditions of employment. Employers have an obligation to engage in the interactive process and provide reasonable accommodations to a qualified individual with a disability, unless such accommodation would cause an undue hardship to the employer.
Under the Americans with Disabilities Act Amendments Act’s significantly expanded definition of ‘disability,’ when faced with a request for an accommodation, the focus should not be about whether the employee is disabled.  Instead, the focus should be on engaging in the interactive process, which is triggered when an employee asks for an accommodation or when an employer recognizes the need for an accommodation.
A reasonable accommodation is a modification or change to the workplace that enables an individual with a disability to apply for a job, perform job duties, or enjoy the benefits and privileges of employment. This may include, for example, modifying work schedules, granting time off, making the workplace accessible by wheelchair, or providing an interpreter.
The interactive process is simply an informal, interactive dialogue between the employer and the employee. It is a conversation during which limitations are identified and reasonable accommodation options are discussed. There should be direct communication between the employer and the employee in which both parties explore possible accommodations. The employee may offer options for what he or she thinks would be the most effective and preferred accommodation, and the employer may offer alternative suggestions. The goal of the interactive process is for the employer and employee to work together to identify reasonable accommodations. Problematically, however, employers sometimes skip this very important conversation.
Many employers have anti-discrimination and anti-harassment policies, but do not go that extra step to train their workers. Employees with supervisory responsibilities in particular should be trained to identify disability discrimination issues. Supervisors, as the eyes and the ears of the company, play an important role in preventing disability discrimination and harassment. Also, because of the MCAD’s and EEOC’s focus on the interactive process, supervisors need to be able to recognize the variety of ways in which a request for accommodation may be articulated so they can identify when there is a need to engage in an interactive dialogue with the employee. Providing supervisors with adequate training is essential to ensure that they do not skip this conversation.
Further, when faced with an MCAD or EEOC claim, one way a company can demonstrate that it takes its anti-discrimination and anti-harassment policies seriously is to show that not only does the company have a policy, but it also took affirmative steps to implement its policy by training its employees and supervisors.  The MCAD clearly sees the value in training because the agency has increasingly been ordering that employers conduct training as part of settlement agreements or in addition to monetary damages.
The cost of defending against expensive litigation far exceeds the investment in providing preventive training. Effective anti-discrimination and anti-harassment training is strategically designed. For instance, interactive workshops keep employees engaged with real-life hypotheticals. Also, there are advantages to training rank-and-file employees separately from employees with supervisory responsibility. And the size of the group of individuals per training session and the length of time per session impact the experience.
Another important aspect of training is ensuring that supervisors understand that, when a request for an accommodation has been made, they need to be mindful of the potential risks that accompany employment decisions that are made related to that employee. Employment decisions such as giving a poor performance evaluation, changing job responsibilities or shift, transferring to a different department or location, or discharging an employee who has requested an accommodation can be perceived as discriminatory, harassing, and retaliatory.
This is also important when claims are filed by current employees, as they can be particularly difficult to navigate. However, when an employee puts his or her employer on notice that she or he is disabled and needs an accommodation, or files a claim of discrimination or harassment, it does not give that employee a free pass on otherwise bad behavior. Employers just want to make sure, if they are taking an adverse employment action, that there is documentation that supports that decision.
Finally, it is always a good idea to consult with employment counsel before disciplining or firing an employee who has requested an accommodation.

Karina L. Schrengohst, Esq. is an attorney at Royal LLP, a woman-owned, SOMWBA-certified, boutique, management-side labor and employment law firm;  (413) 586-2288; [email protected]

Law Sections
Benefits Landscape in Massachusetts Changes After DOMA Ruling

By AMELIA J. HOLMSTROM, Esq.

Amelia J. Holmstrom, Esq.

Amelia J. Holmstrom, Esq.

Massachusetts law has recognized same-sex marriages since 2003, but until recently, the Defense of Marriage Act (DOMA) had interfered with Massachusetts employers’ ability to grant same-sex couples full equality under the law.
DOMA governs all federal statutes, including the Employee Retirement Income Security Act (ERISA) and the Family and Medical Leave Act (FMLA). Section 3 of DOMA defined the term ‘marriage’ as between one man and one woman, and ‘spouse’ meant a person of the opposite sex. On June 25, however, the Supreme Court ruled that Section 3 of DOMA was unconstitutional.
The decision, United States v. Windsor, means that state law will now apply to the definition of marriage and spouse, which means that in states where same-sex marriages are legal, state law will take control. Under Massachusetts law, same-sex spouses will now receive all the benefits granted under federal law to opposite-sex spouses. The Windsor decision requires employers to adopt new policies and procedures because the decision impacts employee benefits and certain job-protected leaves and also has tax implications.
ERISA governs some health-benefit plans as well as retirement benefits offered to employees. Many Massachusetts employers have fully insured health plans, and those plans are governed by state law. Since DOMA governs federal laws, same-sex spouses have been covered under state plans since 2003. Some employers have self-insured health plans, which are governed by ERISA.
Prior to the Windsor decision, Massachusetts employers with self-insured ERISA benefit plans were not required to offer such plans to the same-sex spouses of their employees. The court’s decision changes this; Massachusetts employers with ERISA benefit plans are now required to offer insurance to a qualifying employee’s same-sex spouse. And, under COBRA, same-sex spouses who are already enrolled in the company’s insurance will need to receive the opportunity to continue their health-insurance benefits under the same circumstances that apply to opposite-sex spouses.
Qualified employee retirement plans, such as 401(k) and pension plans, are also affected by the decision. The ruling affects who is considered an automatic beneficiary, spousal consent for non-spouse beneficiaries, QDRO protection, automatic death benefits, and the timing and amounts of death-benefit payments, special roll-over rules, hardship distribution criteria, and minimum distribution rules.
These changes to employee benefit plans also raise tax implications. Many employers in Massachusetts already allowed same-sex spouses to be covered under the employee’s insurance plan, but for most such employees, the value of the healthcare coverage provided to the same-sex spouse was subject to federal income and employment taxes. To make matters more complicated, the value of the benefits was not subject to Massachusetts income and employment taxes because those benefits were not considered income under Massachusetts law. After the court’s ruling, same-sex spouses are considered spouses for employee benefit purposes under federal law, and the value of health-insurance benefits provided to those spouses is not considered taxable income.
The court’s decision also affects a same-sex spouse’s use of FMLA leave. Before the Windsor decision, DOMA prevented employers from granting FMLA leave to employees to care for their same-sex spouses. Accordingly, an employer who granted leave to an employee to care for his or her same-sex spouse could not count that leave time against the employee’s FMLA entitlement. This meant that employees who were granted non-FMLA leave time to care for their same-sex spouse were still entitled to leave under the FMLA for reasons other than caring for their same-sex spouse. Thus, some employees received double the amount of job-protected leave. Since the DOMA decision, Massachusetts employers must permit employees to take FMLA leave to care for a same-sex spouse with a serious health condition, and that leave may be counted against the employee’s annual FMLA allotment.
For Massachusetts employers with operations in other states that do not recognize same-sex marriage, the Internal Revenue Service and Department of Labor (DOL) have issued guidance clarifying the impact of the decision in those states. Specifically, same-sex couples legally married in a jurisdiction with laws authorizing such marriages will be treated as married for federal tax and ERISA purposes, regardless of whether they reside in a state where their marriage is recognized. In contrast, however, the DOL’s FMLA guidance provides that an individual will only qualify as a spouse for FMLA purposes if the employee was married to the same-sex spouse in a state where such marriages are legal and if the couple also resides in a state that recognizes same-sex marriages.
You need to take steps to ensure that your policies and procedures are in compliance with the changes in federal law that have followed the court’s Windsor decision. To be sure that you are making the right changes, you should consult your insurance carrier, retirement-benefits administrator, and labor and employment counsel.

Amelia J. Holstrom joined Skoler, Abbott & Presser in 2012 after serving as a judicial law clerk to the judges of the Connecticut Superior Court, where she assisted with complex matters at all stages of litigation. Her practice is focused on labor law and employment litigation; (413) 737-4753; skoler-abbott.com