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Law Sections
What Employers Need to Know to Avoid Problems

There is no getting around it. We live in a social-media-driven world. People regularly tweet on topics ranging from global economic policy concerns to their favorite pizza toppings. A film about the founding of the social-networking Web site Facebook won three Academy Awards last year. Even President Obama is in on the act.
After hosting ‘town halls’ using Facebook and Twitter, the president recently teamed up with LinkedIn for another town hall-style event. The social media-savvy Obama is now the third-most-followed Twitter user in the world, according to Twitter Counter, which tracks the social network’s 14 million users (Justin Bieber currently ranks second on the list, with Lady Gaga taking the top spot).
With instant tweets and Facebook posts literally at an employee’s fingertips, it should be no surprise that social media-related labor and employment litigation is on the rise. Recently, the associate general counsel of the National Labor Relations Board (NLRB) issued a report analyzing the board’s recent social-media enforcement actions. The report reviewed the facts and legal principles in more than a dozen unfair-labor cases involving employee use of Facebook, Twitter and YouTube.
The issue most-commonly raised involved allegations that an employer unlawfully discharged or disciplined one or more employees over the contents of social-media posts. The board’s attorneys also addressed the legality of several social-networking corporate policies accused of being overbroad and restrictive of lawful employee social-media use. The report provides guidance to employers who want to ensure that their social-media policies appropriately balance employee rights and company interests.

Fired over Facebook
The National Labor Relations Act (NLRA) protects employees, both union and non-union, when they engage in “protected concerted activity” — the coming together to discuss working conditions. This is commonly referred to as an employee’s Section 7 rights (Section 7 of the NLRA protects the right of employees to engage in “concerted activities for the purpose of collective bargaining or other mutual aid or protection”).
But when employees complain about their jobs or their boss on Facebook, are they discussing working conditions with fellow co-workers in a ‘water-cooler’ setting, or are the postings unprotected individual gripes? The NLRB’s report demonstrates that this remains an important and difficult question to answer.
In one case referenced in the report, a luxury-car salesman was fired after criticizing his employer on Facebook following a promotional event that demonstrated a new car model. The employee posted photos and comments disparaging his employer for serving hot dogs, stale buns, bottled water, and other inexpensive items. Apparently, the employee felt that more upscale refreshments were called for. One picture comment mocked the dealership owner for going “all out” for the promotional launch by providing an atmosphere where “clients could attain an overcooked wiener and a stale bun.”
Several days later, the general sales manager called the employee at home and told him to remove the photographs and comments from his Facebook page. The employee complied but later was fired.
The NLRB concluded that the employee’s critical Facebook posts were legally protected. The employee, who worked entirely on commission, had legitimate concerns about the impact the employer’s choice of refreshments would have on his bottom line. The employee also had shared his frustrations over the refreshment display at a staff meeting before posting the pictures and commentary. The board’s attorneys considered the Facebook posts an extension of his earlier expressed displeasure.
Following the release of the NLRB’s report, an administrative-law judge agreed with the board’s attorneys, noting that “there may have been some customers who were turned off by the food offerings at the event and either did not purchase a car because of it or gave the salesperson a lower … customer-satisfaction rating because of it.”
Two restaurant employees were similarly fired after commenting about their employers’ tax policies on the web. After a former employee expressed frustration on Facebook over the employers’ tax-withholding practices, a current employee ‘Liked’ the post, and another posted a derogatory comment about the restaurant owner. Both were let go for not being “loyal enough.”
The board’s attorneys concluded that their discharge was unlawful because the employees’ Facebook conversation shared concerns about important terms and conditions of their employment — the employer’s administration of income-tax withholdings.
Not all employees were as fortunate. For example, a Wal-Mart employee went to Facebook to complain about management “tyranny,” and suggested that the store was in for a wakeup call because several employees were about to quit.
After co-workers responded to his comment and asked why he was so “wound up,” the employee complained that his assistant manager had been chewing him out for misplacing merchandise. The employee’s tirade continued, as he threatened that, if things did not change, the store could kiss his “royal” behind.  The employee was subsequently disciplined for his conduct.
In this instance, the board’s attorneys concluded that the discipline was justified. The employee’s comments were an individual gripe, rather than an attempt to foster discussion about the workplace. The statements did not contain any language suggesting that other employees engage in group action, and were nothing more than a projection of personal frustration over a job.

Is Our Policy Unlawful?
A number of the cases reviewed by the board’s attorneys also addressed employers’ social-media policy provisions. In one case, the employer maintained a “blogging and Internet posting” policy that prohibited employees from posting any pictures on the Internet that depicted the company in any way. This included a prohibition on pictures that portrayed a company uniform or vehicle, or displayed the company logo.
The policy was deemed unlawfully overbroad because it prohibited employees from engaging in protected activity. For example, pursuant to the policy, an employee could not post a picture of workers carrying picket signs portraying the company logo, or wearing a company T-shirt in connection with a protest involving the terms or conditions of employment.
Another case involved a company policy that prohibited employees from using social media in a manner that compromised or disregarded another individual’s privacy rights. The policy also prohibited postings that embarrassed or damaged the reputation of other employees. Again, the NLRB indicated that the policy was overbroad because the rule provided no definitions or guidance as to what the employer considered to be private or confidential. Absent any limitations on what was covered, the rule could be interpreted as prohibiting protected employee discussion of wages and other terms of employment.

Where Are We Now?
It is clear from the NLRB’s report that the board considers a broad scope of social-media activity to be protected. Although ‘concerted’ activity typically involves two or more employees acting together to improve their conditions of employment, or at least a single employee seeking to initiate or to prepare for group activity, a lone employee’s social-media commentary likely will be protected when the statements express his or her sentiments about working conditions.
Follow-up comments or ‘Likes’ from other employees are not necessary to demonstrate that the social-networking activity is a concerted effort. Employers should also carefully craft all of the provisions in a company social-media policy. It is critical that the policy is free of ambiguity.  Employees, union and nonunion alike, should not be led to believe that protected social-media activity is prohibited.

John H. Glenn has been a member of a member of Skoler, Abbott & Presser, P.C. since 1979.  Prior to joining the firm, he was employed by the National Labor Relations Board in Cincinnati. He also has served as an adjunct professor of Labor Law at Western New England College School of Law. John S. Gannon, an associate at Skoler, Abbott & Presser, P.C., joined the firm in 2011. He is admitted to practice in state and federal courts in Connecticut.

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
Daniel Leblanc v. Travelers Insurance of MA
Allegation: Refusal to pay benefits arising from motor-vehicle accident: $25,000
Filed: 7/28/11

Kathleen Riebesehl v. Elliot Beals & Sons General Contracting Inc.
Allegation: Defendant took payment from plaintiff for construction services and never performed: $15,000
Filed: 8/3/11

FRANKLIN SUPERIOR COURT
Ace Fire and Water Restoration Inc. v. the Box Car Restaurant
Allegation: Non-payment of services rendered: $37,081.13
Filed: 8/11/11

Joann E. Rees v. D.H. Enterprises and Daniel Hescock
Allegation: Breach of contract for home improvement services: $400,000
Filed: 8/11/11

HAMPDEN SUPERIOR COURT
Kirk C. Bryant v. Crossglobe Transport, LTD
Allegation: Breach of employment contract: $100,000
Filed: 8/1/11

Laurie A. Vadnais, administratrix of the estate of Judith A. Moran v. Marc Linson, M.D.
Allegation: Medical malpractice in the death of a 64 year-old woman following surgery: $25,000+
Filed: 8/3/11

Ted Ondrick Co., LLC v. Patriots Environmental Corporation
Allegation: Non-payment of services and materials: $52,496.07
Filed: 8/10/11

HOLYOKE DISTRICT COURT
Alberto Cruz v. Save-a-Lot
Allegation: Plaintiff sustained injuries while shopping when an employee transporting boxes of goods negligently caused boxes to fall on plaintiff: $4,405
Filed: 5/16/11

The Darcy Co. v. Prism Builders Inc.
Allegation: Non-payment of goods sold and delivered: $8,310.10
Filed: 7/1/11

SPRINGFIELD DISTRICT COURT
United Rentals Inc. v. Lunus Construction Inc.
Allegation: Non-payment of materials, equipment, and services for a construction project: $12,135.74
Filed: 6/30/11

Vion Holdings LLC v. Mastex Industries Inc. and Jeffrey Stream
Allegation: Non-payment of monies loaned: $5,096.53
Filed: 7/13/11

Westfield Bank v. Protemps Inc.
Allegation: Non-payment of monies loaned: $10,158.28
Filed: 7/14/11

WESTFIELD DISTRICT COURT
Barbara A. Cohen v. Tip Top Nails
Allegation: Negligence in cutting the skin around a nail causing a fungus to be introduced in the bloodstream and subsequent hospitalization: $24,999.99
Filed: 7/19/11

Columns Sections
Understanding Older Generations at Work

Mandatory retirement has been illegal in most industries for decades, but some managers are still reluctant to hire and retain workers older than 65. Frequently workers in this age group are characterized as inflexible, slower, and reluctant to evolve with technology. But most employers find that today’s older workers challenge these stereotypes and can be real assets.
Biological and psychological changes occur as we get older. Each generation is also different sociologically from other age groups. Awareness of age-related differences can empower employers to capitalize on senior workers’ positive attributes and consider making workplace adaptations for their limitations.

Biological Age-related Changes
While most stereotypes about older adults are greatly exaggerated, many biological changes do take place both physically and cognitively. Nearly every organ and system in the body is a bit less efficient than it once was, but this does not mean inevitable disease or disability. The stereotype that seniors can’t hear or see well is false, but it is true that hearing and vision are not quite as sharp as they once were when we are younger. While Alzheimer’s disease and dementia are not part of the normal aging process, tip-of-the-tongue moments and slower reflex, reaction, and recall times are.
Due to changes in eyesight and hearing, consider moving an older worker’s seat at a meeting table to enable a better view of a projection screen. Recognizing normal changes that happen to the aging brain can help managers understand older workers’ behavior. For example, some older workers may be quiet during that meeting but submit great ideas a few hours later, after they’ve had time to process.

Sociological Age-related Changes
Sociologically, older workers are generally highly dedicated employees. Many seniors, particularly older women, are motivated by financial need. There are numerous advantages to deferring Social Security payments, so many seniors want to put off collecting for as long as possible. Most older adults have also witnessed steep declines in their retirement accounts, so there is a genuine need to supplement their income. Others simply did not adequately plan for retirement and require additional income from a full- or part-time job.
Generationally, workers older than 65 are known for a strong work ethic. Even if there is not a significant financial incentive, they were raised in an era that idealized hard work. They are team-oriented and unlikely to leave coworkers in a bind. This age group has likely finished raising their families so they can be open to working more hours when necessary. They are known for honoring commitments and respecting authority.
This age group also is typically good at interpersonal communication. Having worked for most of their careers without access to e-mail and texting, these workers have had to rely on their people skills to get things accomplished. They tend to also be more resourceful than younger generations who have come to rely only on the Internet for research and problem-solving.
Since this age group may have less computer experience than their younger coworkers, it is important to assess and respond to needs for training. Older workers are sometimes thought to be technologically challenged, but often it is because they have not had the opportunity to learn the appropriate skills.

Psychological Age-related Changes
Psychologist Erik Erikson believed that older adults experience a crossroads in their life: a stage he called “ego integrity vs. despair.” The concept of ego integrity is that, when a senior reviews his life thus far, he finds meaning in the way he has spent his time, which leads to wisdom and acceptance of his mortality. On the other hand, if a senior’s life review is focused on feeling resentful or disappointed about the way his time has been spent, he feels despair, which can sometimes even trigger depression.
Meaningful work often promotes increased self-worth in older adults, regardless of whether they are experiencing ego integrity or despair. In understanding this, managers can best motivate older employees by critiquing gently and praising publicly when it is earned. A manager singling out an older employee for a job well-done provides psychological benefits for the senior but also goes a long way to dispelling false stereotypes about older workers.

Tips for Accommodating and Embracing Older Workers
The best strategy in managing and accommodating older workers is the same as with employees of any age: observe , identify strengths and weaknesses, and work with that person to optimize performance. Nearly every employee requires some accommodations in order to do the best job possible. For example, a manager may have to spend time with a new college graduate explaining when, and if, it is appropriate to text customers. The same concept is true with older workers.
It is also important to re-evaluate a worker’s duties as he ages during employment with an organization. For example, a 70-year-old hotel shuttle driver who has been with a company for 20 years may be better-suited to a front-desk assignment if age-related changes are interfering with driving abilities.
Older workers have so much to offer: experience, work ethic, potential to mentor, and, frequently, fewer family obligations that will interfere with work. The key to maximizing value with older employees is recognizing and accommodating their differences.

Jennifer FitzPatrick, MSW, LCSW-C is an author, speaker, and educator. Founder of Jenerations Health Education Inc., she has more than 20 years’ experience in health care. She is a frequent speaker at national and regional conferences and was an adjunct instructor at Johns Hopkins University. Her new book, “Your 24/7 Older Parent,” is addressed to those dealing with the care of an elderly parent; www.jenerationshealth.com

Green Business Sections
Initiatives Strive for Success Far Beyond the Classroom

Bill Woolridge

Bill Woolridge says the management curriculum at UMass has become more attuned to green issues.

As the chief coordinator of Greenfield Community College’s Renewable Energy/ Energy Efficiency Program, Teresa Jones told BusinessWest that these are exciting times to be in higher education.
Speaking to the ‘community’ component of her school, where she is also an associate professor, Jones said that “our economy in Greenfield and the surrounding area is a step ahead of many other areas with regard to sustainability and green thinking.
“But as an educator,” she continued, “I think the question I always go back to is, how does a community college contribute to job growth and economic development?”
GCC is one of the Pioneer Valley’s green beacons in developing student programs that strive for a role not just in the evolving green economy, but also in the much-needed pragmatism of job creation.
UMass Amherst has embraced sustainability on all levels, from the administration to the student body. The university has set a goal to become carbon-neutral by the year 2050, and over the last decade has reduced greenhouse-gas emissions by 30%. Within the academic departments, a notable example is the Green Building program in the Department of Environmental Conservation, which has been actively involved with students and the region’s construction sector.
At the Isenberg School of Management, Bill Woolridge is the chair of the Management Department, and he told BusinessWest how the class he teaches has evolved over the years to become more attuned to the changing priorities of green consciousness.
He carefully stressed the Amherst campus’s thorough approach to sustainability. But his department is aware of what he called “the bigger picture.”
“In most schools’ management curriculum,” he explained, “there’s that course that speaks to the role of business in the broader social environment.
“I hadn’t taught that in quite a while,” he went on, “and about six years ago decided that I would. As I started to become reacquainted with that material, I realized that addressing sustainable issues is really the challenge of the current generation of students.”
Keith Hensley

Keith Hensley says green-business programs, at their most effective, will drive job opportunities in the regional economy.

The area’s ivory towers don’t envision a role in a green economy that is relegated only to the classroom, however. At Holyoke Community College, Keith Hensley is the executive director of Workforce and Economic Development, and he has designs on nothing short of transformative educational roles for both the school and its students.
HCC has partnered with two organizations to broaden the school’s certificate and training programs within a green economy — with both real-time results for jobs in the marketplace and opportunities for businesses to embrace sustainable practices that also help the bottom line.
For this article, BusinessWest asked people within these schools to explain their own green report cards. Jones was speaking of her own school specifically, but could just as easily been including the goals of her colleagues at other colleges, when she noted that “GCC, above all, serves as a convener for the community. We bring together diverse interests, talents, energies, concerns, ideas, and insights.” It’s that type of thinking that’s making this green curriculum as successful in the job market as it is in the classroom.

Certifiably Green
Hensley said that HCC’s current roster of green programs took root a few years back.
“About two years ago, we partnered with the Hampden County Regional Employment Board,” he explained. “They had applied for a workforce grant from the state for energy conservation — for certain types of training, such as weatherization and insulation, solar-boiler technician training, and energy-auditor training.”
The projected outcomes for the grant were job placements, he said. While the school charted the most success of any institution in the Commonwealth also receiving those funds, “it still wasn’t as much as I would have liked to see.
“What that told us, when everything shook out, is that there currently are not enough jobs in those particular occupations in the state,” he said. “And what we did was take a look at the entire sustainable, energy-efficiency, renewable-energy field as it stands right now, and we homed in on a few things.”
The Green Communities Program, from the state’s Department of Energy and Environmental Affairs, strives for signatory cities and towns to reduce their overall carbon footprint. Among 72 others, Holyoke and Springfield have signed on. Hensley cited that legislation, as well as an overall environmentally minded population in the Pioneer Valley, as two factors in HCC’s redesign of its green programming.
“And we also looked at the economy as it stands right now,” he said. “Unlike other parts of the country, our manufacturing base is still there. So, with decreased product demand that comes from a bad economy, it’s pushing manufacturing employers to think innovatively, figure out how they can cut costs.”
To meet these needs, HCC has forged partnerships with two organizations: HospitalityGreen LLC, a New York-based consulting firm, and the Energy Conservation Training Co., which specializes in numerous aspects of professional training and certification.
With HospitalityGreen, there are four short yet intensive courses: “Green Facilities Training for Managers,” “Introduction to Green Purchasing,” “Getting to Sustainability Through Changes in Waste Contracting,” and a “Green Custodial and Janitorial” course.
“Participants get a ton of online tools when they go back to their own facilities,” Hensley added. “And we also advise them on how to approach owners and managers of the company, to get their suggestions through.”
Also with HospitalityGreen are two full-day classes for the restaurant and hospitality industries. A core of information will tell participants what it means to be green, and how sustainability affects business.
“The attendees from the companies will get a few days of training, and they go back out to their employers and start doing their audit,” he said. “The bottom line here is to save the businesses money, but also to get a designation as a green restaurant or a green hotel. That has huge implications, especially in this area, where people are environmentally conscious.”
With ECONTC, Holyoke Community College has implemented a series of courses for the building trades. Using metrics set by the Building Performance Institute, a national organization for energy-efficient standards, the classes include “BPI Building Analyst/Envelope Training,” “BPI Heating Professional Training and Certification,” and “Residential Energy Services Network and Home Energy Rating Systems Rater Training and Certification.”
“For all this new programming,” Hensley said, “our mission is twofold. It’s to help companies save money, or make more money, in the case of green-lodging and green-restaurant certification. We expect that those companies who get certified will get more business. And on the other hand, it’s to help companies and homeowners who will be impacted by these trained people, to be included in what it means to be a green community in this region.”

Talkin’ ’bout an Evolution
Back in the 1970s, Woolridge said, when he was the age of his students now, environmental issues were an academic niche in business schools.
“We would talk about EPA rules and so forth,” he said. “It was seen as a compliance issue — an obligation. One of the costs of doing business was to adhere to these government strictures. But that has all moved to the front burner. It’s something we can’t put off anymore.”
Meanwhile, the class he has been teaching is constantly evolving. “The way I teach the course, and the way many others around the country do, is that it’s more an opportunity than an obligation,” he explained. “This is a challenge for this generation and the next generation of business leaders as to what is going to fuel economic growth over the next decades — solving our social and environmental problems on a global scale.”
When asked the name of the class, Woolridge laughed. “Even that’s in flux. It has officially this year been called ‘Social Responsibility and Sustainability.’ This semester on the syllabus, I’m tweaking it, though, looking for the right label. Some of us are calling this ‘Sustainable Enterprise.’
“It has some historic analysis,” he explained, “but it has more of what I would call an examination of sustainable business practices. We use something known as the Socrates database that has 2,500 large businesses profiled, and they have done pretty comprehensive analysis in many areas, particularly with regard to the natural environment, social issues, their governing structures, and so forth. So we look there to get a sense of how industries are doing, relative to these dimensions, and how specific businesses within those industries are doing.
The other important component in the class is to identify the business opportunities presented by these challenges, he added. “This is the challenge for the next generation of business leaders.”
Ideally, Woolridge envisions a certificate program in the undergraduate Business school for Sustainable Practices. “Fairly soon,” he said. “Maybe at the beginning of the next academic year.”
Add to that a class in social entrepreneurship. “This concept is generally about creating new enterprises to solve social issues. Overall, our goal here is to give students perspective, skills, and, for those students going on to small business or entrepreneurship, a sense of the opportunities that do exist.”
UMass Amherst has the critical mass of demand for classes in this field, he said, and a labor market which will support this in future job placements. “It’s impossible to quantify in any real numbers,” he said, “but I know, if we build it, they will come.”

Community Action Plan
An important aspect of GCC’s green classwork translating into actual jobs, Jones said, is that those same employers were part of the original team helping to create the program.
The RE/EE Program at GCC originally started as a $372,000 Workforce Competitive Trust Fund grant, in partnership with the Franklin/Hampshire Regional Employment Board. However, more than 40 regional organizations, from nonprofits to small businesses, also collaborated on the course design for certificate and degree programs.
“The businesses know the program intimately, but also the people that are coming through it,” she explained. “My husband is a small-business owner, and I know for a fact that this is absolutely critical. Here, a business knows who they’re getting, what they know academically, and what their capacities are. A lot of businesses in our area are pretty small, so in the hiring of even one employee, you want to make sure that the match is pretty good.”
Jones cited two examples of substantial outcomes from the GCC program. NorthEast Solar Design Associates in Hatfield started out, she said, with “a really smart husband-and-wife team.” They were one of the businesses involved in developing the school’s curriculum and, in short time, hired students from the program. In the last five years they have expanded to six full-time workers.
“Prior to their involvement here,” Jones said, “they were an established solar company, but not really growing. They are doing major commercial photovoltaic installations. And when in short time you grow to six employees, that is huge growth for a small company. Even though it may be small for some people, this amounts to a massive repositioning of their company.” And the business is expected to hire three more in the near future.
Another key partner with GCC has been the 82-year old Sandri Companies, based in Greenfield. A number of GCC students have gone on to work for Sandri, and Jones cited the company as an example of keeping up with the changing face of a traditional industry.
“They are adding whole new divisions to their enterprise, from wood-pellet burners, weatherization, and solar to energy audits,” Jones explained. “When a company of their size looks into the future to determine how they will continue to stay relevant, this is how you do it. You bring people into your company who know these technologies. You don’t just pay lip service, but get people who can manage these technologies and continue to expand your market.”
And that same logic, she said, applies to her department at GCC. “As we head into the future, it’s a much broader market than I think anyone could have thought.”
Expanding on the role her school plays in the realm of sustainable practices and green initiatives, Jones gives GCC good marks. But the work continues to evolve, and to stay successful and viable in the unfolding green economy, schools need to be as responsive as the business community.
“We listen for where there are places we might contribute directly, for ways that our faculty, staff, and administration can catalyze the creative and entrepreneurial energy that resides in our region,” she said. “Our program is a reflection of that vibrant energy, and continues to respond and change with the rapidly emerging green industries of the 21st century.”

Departments Incorporations

The following business incorporations were recorded in Hampden, Hampshire, and Franklin counties and are the latest available. They are listed by community.

AMHERST

Craig’s Door — A Home Assoc. Inc., 69 South Pleasant St., Amherst, MA 01002. Gerald Gates, same.

CHICOPEE

Gerardo’s Transit Inc., 32 Mercelle St., Chicopee, MA 01020. Kellymar Alejandro, 47 Parkside St., Springfield, MA 01020. Passenger transport for hire.

FEEDING HILLS

Absolute Transport Inc., 24 Hickory St., Feeding Hills, MA 01030. Mazen Awkal, same. Vehicle transport

HAMPDEN

Gio’s Pizzeria Inc., 9 Allen St., Hampden, MA 01036. Giovanni Cirillo, 95 Wedgewood Dr., Ludlow, MA 01056. Restaurant.

HOLYOKE

Adult Community Employment Supports Inc., 30 Center St., Holyoke, MA 01040. Lizzy Ortiz, 32 Mansfield St., Springfield, MA 01108. Vocational programs for people over 18 with disabilities.

HPL Realty Corp., 335 Maple St., Holyoke, MA 01040. Terry Plum, 70 Pinehurst St., Holyoke, MA 01040. Nonprofit corporation to benefit the Holyoke Public Library.

International Laser Solutions Inc., 362 Race St., Holyoke, MA 01040. Edward Sordillo, 97 Lariviere Dr., Chicopee, MA 01020. Laser marking, etching and engraving.

LENOX

Good Vibes Distributing Inc., 172 Housatonic St., Lenox, MA 01240. Kevin Kirshner, same. Wholesaler.

NORTH ADAMS

Howling Inc., 135 Bonair Ave., North Adams, MA 01247. Jared Bruce Decoteau. Same. Restaurant.

PALMER

Advanced Precision Products Inc., 7 First St., Palmer, MA 01069. Jeffrey Buck, same. Precision component manufacturing.

PITTSFIELD

Erich Schmidt, 435 South St., Pittsfield, MA 01201. Erich Schmidt, 37 Bracelan Court, Lenox, MA 01240.

SOUTHWICK

Acclaim Properties Inc., 464 North Loomis Street, Southwick, MA 01077. David Tagliavini, 149 Prospect St., Suffield, CT 06078. Property management.

J & C Property Services Inc., 114 Granville Road, Southwick, MA 01077. Craig Filiault, same.

SPRINGFIELD

American Center for Immigrant Development Inc., 857 State St., Springfield, MA 01109-3103. Eskedar Ayehu Adamu, 33 Maple St., Malden MA, 02148. After-school program including job search and job training.

David Peck, DMD, 174 Worthington St., Springfield, MA 01103. David Peck, DMD 153 Prynwood Road, Longmeadow, MA 01106. General dentistry.

Forest Park Business Assoc. Inc., 185 Belmont Ave, Springfield, MA 01108. Daniel Morrissery, 119 Marengo Park, Springfield, MA 01108. Nonprofit organization.

Hispanic Mark Inc., 1145 Main St., Suite 501, Springfield, MA 01103. John David Perez, 247 Central St., Floor 2 Springfield, MA 01105. Business consulting.

WEST SPRINGFIELD

Ageo Tech Solutions Inc., 2042 Westfield St., West Springfield, MA 01089. Anthony Kashmanian, same. Computer technician.

Bertera Foreign Motors Corp., 657 Riverdale St., West Springfield, MA 01089. Aldo Bertera, 162 Forest Ridge Road, West Springfield, MA 01089. Foreign automobile sales and service.

Dijon Express Corp., 91 Hill St., West Springfield, MA 01089. Ildar Ismailov, same. Transportation services.

In Our hands Day Care Center Inc., 101 Belmont Ave., West Springfield, MA 01089. Joyce Roswess, same. Day care center for children.

WESTFIELD

Infiniti Logistics Inc., 108 Miller St., Westfield, MA 01085. Yaroslav Burkovskiy, same. Truck leasing.

WILBRAHAM

Bizcykl Inc., 8 Powers Dr., Wilbraham, MA 01095. Gregory Allan Pastore, same. Waste and recycling management.

Canosa Restaurants Inc., 5 Anvil Road, Wilbraham, MA 01095. Santiago Canosa, same. Restaurant

Company Notebook Departments

Paul Robbins Associates Wins International Award
WILBRAHAM — Paul Robbins, owner of Paul Robbins Associates, took home a Silver Award in the 2011 Summit Creative Award competition for his documentary-style video titled Housing First, produced for the Western MA Network to End Homelessness. Robbins previously won a Summit Creative Award in 2008 and again in 2009 for videos he produced for HAP Housing, the region’s housing partnership. The video tells the story of the Housing First initiative in Western Mass., which is designed to help families and individuals avoid homelessness by providing housing and support services, through the eyes of four people helped by the initiative in Hampden, Hampshire, Franklin, and Berkshire counties. The video can be viewed on the network’s blog, westernmasshousingfirst.org. This year’s panel of international judges included a host of creative directors from design agencies around the world, including Brazil, Kuwait, Australia, Denmark, Dubai, Malaysia, Canada, and the U.S.  Entries in 23 creative categories are judged against a stringent set of standards. During the blind judging events (entering company names are withheld), judges search for innovative and creative concepts, strong execution, and the ability to communicate and persuade. This year’s creative competition included entries from companies in 22 countries, including Austria, China, Hong Kong, India, New Zealand, Northern Ireland, the United Arab Emirates, the United Kingdom, Spain, the Netherlands and the U.S. Paul Robbins Associates is a strategic-communications consultancy providing public-relations and marketing planning, design, and execution; crisis communication services; compelling video presentations; Web site design; and blog creation and content management for companies, nonprofit organizations, and policy initiatives.

Bacon Wilson Blog Earns Recognition
SPRINGFIELD — Bacon Wilson, P.C.’s blog, Employment Law Bits, has been nominated as a Top 25 Employment Law Blog by LexisNexis. Employment Law Bits was launched in June 2005, and since then has supplied readers with weekly posts regarding legal issues facing both employees and employers in both text and video format. “We are very pleased to have our work singled out in a sea of about 2 million employment-law blogs,” noted Employment Law Department Chairman Paul Rothschild, Esq. “Our blog demonstrates a six-year commitment to informing employees, employers, and HR managers of changes within the law that affect them, and we intend to continue putting out such information that helps our constituency.” Employment Law Bits can be found at bwlaw.blogs.com. Bacon Wilson has offices in Springfield, Westfield, Northampton, and Amherst, and employs 43 attorneys and 65 paralegals, secretaries, and support staff..

MassMutual Offers New TPA Business Implementation Kit
SPRINGFIELD — MassMutual Retirement Services recently launched its latest version of the Third-Party Administrator (TPA) New Business Implementation Kit, further streamlining the plan installation process and increasing ease of use. The kit provides TPAs with all necessary documents to complete the plan installation process, facilitating each retirement plan’s smooth transition to MassMutual Retirement Services. The enhanced version has been recognized to increase ease of use, by simplifying and grouping related questions and incorporating funding and Web site applications. The incorporation of these applications reduced, on average, four signature requirements, according to Gary Stamborski, vice president of TPA and new business operations. “MassMutual is committed to providing TPAs, advisors, and sponsors with the best plan installation service in the marketplace today,” said Stamborski. “The new kit is one way we are striving to exceed the expectations of everyone involved throughout the plan installation experience.” Stamborski noted that the kit will continue to undergo an annual review to incorporate industry best practices and efficiencies as well as valuable feedback from TPAs, advisors, and sponsors.

Six Flags to Add
Goliath Coaster
AGAWAM — Six Flags New England  announced the addition of Goliath, a suspended, looping, boomerang coaster. New England’s newest coaster will reside in the Crack Axle Canyon section of the park and will make its debut in late spring of 2012. The ride experience will begin when guests are strapped into chairs suspended from the track above; then Goliath sends riders dangling face-down out of the station and up the first tower. Once riders reach the top of the tower, they are dropped into a complete vertical 18-story freefall, reaching speeds of 65 mph before racing head over heels on the outside of a 102-foot-tall vertical loop, followed by a 110-foot-tall butterfly turn before rocketing up the second 19-story tower. “Six Flags New England is thrilled to announce the addition of Goliath to our already-amazing arsenal of rides,” said Jason Freeman, Six Flags New England park president. “This ride delivers pure adrenaline from start to finish and solidifies our commitment to adding high-volume fun for the entire family.” Goliath joins a large lineup of coasters, including Cyclone, Batman the Dark Knight, Mind Eraser, and Bizarro

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
William Leahy v.Wal-Mart Inc.
Allegation: Negligent maintenance of premises causing slip and fall: $45,717.18
Filed: 4/5/11

HAMPDEN SUPERIOR COURT
Cherokee Enterprises v.Northeast Contractors Inc.
Allegation: Breach of contract: $25,000
Filed: 6/6/11

Ernie Hernandez v.Poolman Pool & Spas
Allegation: Negligence in pool installation: $34,194
Filed: 3/30/11

Edward T. Koczur v.Daniel J. O’Connell and Plumb & Mackinnon, P.C.
Allegation: Employment retaliation: $25,000+
Filed: 6/10/11

Pioneer Valley Concrete Services v.
AM Lithography Corp.
Allegation: Non-payment of materials and labor on a construction project: $25,414.50
Filed: 4/15/11

Standard Plating Co. v.Specialty Loose Leaf Inc.
Allegation: Failure to pay for services: $80,850.75
Filed: 4/11

HAMPSHIRE SUPERIOR COURT
Kapiloff’s Glass Inc. v.Ralph’s Blacksmith Shop
Allegation: Breach of contract against subcontractors for labor and materials: $69,733.37
Filed: 7/12/11

NORTHAMPTON DISTRICT COURT
C&S Trucking Inc. v.Northeast Mesa, LLC
Allegation: Breach of contract for failure to pay amounts due: $21,745
Filed: 7/6/11

Nadim Kresmid v.C&S Wholesaler Inc.
Allegation: Plaintiff was run over by a forklift at C&S Wholesaler: $229,815.76
Filed: 6/28/11

Paul Bacon v.Lockwood Construction
Allegation: Breach of contract for failure to pay purchase price: $15,000
Filed: 7/6/11

SPRINGFIELD DISTRICT COURT
Chase Glass & Allied Products Inc. v.Miller Development and US 1 Construction, Inc.
Allegation: Breach of contract for labor and materials on a construction project: $12,591.30
Filed: 6/1/11

Liberty Mutual Fire Insurance Co. v.Mula Materials Corp.
Allegation: Non-payment on two workers’ compensation policies: $11,147.73
Filed: 6/20/11

Meravic Inc. v.Floral Fantasies by Lois Inc.
Allegation: Breach of contract and unjust enrichment: $5,385.20
Filed: 6/17/11

Optimum Building & Inspection Corp. v.Lizotte Glass Inc.
Allegation: Breach of contract for labor and materials on a construction project: $13,198.67
Filed: 6/20/11

The Professional Agency Protective Services v.HP Waterford Inc. and Waterford Hampden, LLC
Allegation: Breach of contract for security services: $14,083.50+
Filed: 6/17/11

WESTFIELD DISTRICT COURT
Western Mass Electric Co. v.Sander Family, LLC
Allegation: Non-payment of utility services: $14,084.79
Filed: 5/17/11

Employment Sections
In Collective Bargaining, Employers Have to Watch What They Say

By FREDERICK L. SULLIVAN, Esq.

The general council for the National Labor Relations Board (NLRB) recently issued guidelines to the agency’s regional offices on prosecuting unfair labor practice charges against employers that refuse to give information to unions during collective bargaining.
Generally, under existing labor law, a union is entitled to information about the bargaining unit employees’ terms and conditions of employment. But when the requested information involves matters outside the bargaining unit, the union bears the burden of showing the relevance of the requested information to the union’s bargaining responsibilities for its unit members.
Additionally, an employer’s statements or proposals during actual negotiations may make financial or other specific and limited information relevant to negotiations — and, thus, information that the union is entitled to request and to receive. For example, employer statements of an ‘inability to pay’ or ‘cannot afford’ will trigger an obligation to provide financial information if the union requests it.
The general counsel stated that there are no magic words required to create the employer’s obligation to provide financial information. Whenever the employer’s statements and action convey an inability to pay, the obligation is established. Thus, claims of economic hardship, business losses, prospect of layoffs, a matter of survival, or a comment such as, “acceptance of the offer would enable the company to retain your jobs and get back in the black,” in the context of the particular bargaining, have been found to amount to a claim of inability to pay that gives rise to an obligation to provide requested financial information.
The general counsel told NLRB regional directors to distinguish between general claims of inability to pay that give rise to financial information obligations and other, more limited employer claims that can be the subject of a union’s demand for verification. Besides inability statements, an employer may make a statement during bargaining that, according to the NLRB, will give rise to an obligation to provide the union with specific requested information.
For example, when an employer claimed a need to be more competitive, the NLRB ordered the employer to provide the union with competitor data, labor costs, and other information relevant to the claim. General counsel said a union is entitled to information tailored to what allows the union to evaluate specific employer assertions made during bargaining.
General counsel instructed the NLRB regions to analytically distinguish between inability to pay and an employer’s obligation to provide information in response to a specific claim by the employer made during negotiations, e.g., an inability to compete.
This year the NLRB ruled that a union is entitled to specific information regarding an employer’s job-bidding practices because the employer had contended in bargaining that its wages and benefits affected the employer’s ability to get and receive job bids. The NLRB ruled that a union is entitled to information that supports or disproves an employer’s representation.
The general counsel is advising the NLRB’s regional offices to pay close attention to an employer’s words used to support the employer’s bargaining position or used as reasons to reject a union’s proposal. The NLRB is entertaining demands that an employer verify whatever it communicates to the union as the reason for the employer’s position.
Employers need to be very deliberate in how they articulate reasons for their bargaining positions. Loose, unthinking statements can be seized upon by a union to demand all sorts of data and information from the employer. Before using references to costs, competition, etc., the employer should determine if it has data to support its claim and whether it will be willing to provide the information to the union. The current NLRB is moving employers toward a position of having to verify statements that in the past may have been considered part of the bargaining banter.
Now, much more than before, with the current NLRB administration, an employer has to develop a plan for each position that it takes on each proposal and counterproposal. Plus, an employer has to calculate how it will describe its positions and how it will respond, in detail, to union questions about the employer’s reasons so as to avoid giving rise to unintended information obligations. The general counsel’s emphasis on this topic and instructions to the NLRB regional offices constitute a move toward greater power in bargaining for union representatives.

Frederick Sullivan is a founding partner with the Springfield-based firm Sullivan, Hayes & Quinn, which represents employers in labor and employment-law matters; (413) 736-4538.

Departments People on the Move

Nicolle Cestero

Nicolle Cestero

has been named Associate Vice President of Human Resources at American International College in Springfield. Her role includes overseeing recruitment, employment relations, compliance with governing regulations, HR process and procedures, classification and compensation services, and performance management. Cestero will also focus on benefits administration, training and development, and contract negotiations.
•••••
Big Y Foods Inc. in Springfield announced the following:
Guy McFarlane

Guy McFarlane

• Guy McFarlane has been appointed Senior Director of Fresh Foods.
Gary Bolduc
Gary Bolduc

Gary Bolduc

• Gary Bolduc has been appointed Director of Meat and Seafood.
•••••
Allan Costello has joined Berkshire Bank as Senior Vice President and Audit and Compliance Manager. He will lead the internal audit and compliance teams throughout the company.
•••••
Fallon Community Health Plan has named Attorney Gerard Campbell as Privacy Officer and Compliance Manager at its Worcester headquarters. He will serve as the company’s primary resource for questions related to privacy and confidentiality as they pertain to FCHP and its employees, customers, vendors, and business partners.
•••••
Chicopee Savings Bank announced the following:
Anthony Antonopoulos

Anthony Antonopoulos

• Anthony Antonopoulos has been promoted to Vice President of Compliance and serves as the bank’s Security Officer;
Henry Downey

Henry Downey

• Henry Downey has been promoted to Vice President of Commercial Lending; and
Elizabeth Maroney

Elizabeth Maroney

• Elizabeth Maroney has been promoted to Vice President of Loan Administration.
•••••
The Western Mass Wellness Center in West Springfield announced the following:
Kelley Hamaoui

Kelley Hamaoui

• Tai Chi instructor Kelley Hamaoui has begun offering tai chi classes;
Bonnie Coopersmith

Bonnie Coopersmith

• Bonnie Coopersmith, LMFT, a licensed Individual and Relationship Therapist, has begun offering consultation services;
• Carleen Eve Fischer Hoffman, owner of the Clutter Doctor, has formed the Western Mass. Clutter Support Group through the wellness center; and
Lynn LaDuke

Lynn LaDuke

• Lynn LaDuke has joined the wellness center as a presenter and speaker on holistic options for pain relief for fibromyalgia sufferers. Her program is titled Restoring Quality of Life.
•••••
Bevan Brunelle has been appointed Marketing Manager at CityStage & Symphony Hall in Springfield.
•••••
MassMutual Retirement Services in Springfield announced the following:
• Garrett Carlough has joined MassMutual as Sales Director. He is based in New York City and is providing additional coverage for New York City, Long Island, Westchester County, Rockland County, and Northern New Jersey; and
• Andrew Hanlon has been appointed Sales Director. He is based in Boston, increasing coverage for eastern Massachusetts, Rhode Island, New Hampshire, and Maine.
•••••
Danielle Goldaper has been named Director of Alumni Relations and Annual Giving at American International College in Springfield.
•••••
Best Tile of Springfield announced the following:
•  Walt Sawa, Manager, has announced his retirement after 44 years of service with the company.
• Karen Belezarian-Tesini has been promoted to Branch Manager. She has served as Showroom Manager since 1996.
•••••
Mark Haynes, President and Chief Operating Officer of Environmental Compliance Services in Agawam, has been elected to the Board of Directors of the Massachusetts  Chamber of Business and Industry.
•••••
Karen Stonehouse has been invited by the U.S. Department of Justice’s Office for Victims of Crime to take part in establishing a national curriculum to train new protective-service caseworkers. This initiative is part of a nationwide pilot program to develop standardized competency trainings that can be used as a framework by other states to adapt to fit their regulations. In most states, the protective-service caseworkers are the first responders to report elder abuse, neglect, and financial exploitation. Stonehouse will conduct a course titled “Working within the Criminal Justice System” in September. She is a Supervisor in the Protective Services Unit at Greater Springfield Senior Services Inc., based in Springfield.
•••••
Wayne Budd, a longtime member of AAA Southern New England’s Board of Directors and most recently the Vice Chairman of AAA’s National Board of Directors, will now serve as Chairman of the national board. A Springfield native, Budd is a Senior Counsel at the Boston law firm of Goodwin Procter, and is a former U.S. attorney and former U.S. associate attorney general.
•••••
Michael Tucker, President of Greenfield Co-operative Bank, has been elected Treasurer of the Mass. Bankers Assoc.
•••••
Keith G. Roy Construction of Westfield announced the following:
• Keith Roy, President, has completed the Vinyl Siding Institute’s certified installer program; and
• Joshua Roy, Crew Leader, has also completed the certified installer program.
The firm has been in operation since 1946 and is a second-generation, family-owned company that provides siding and roofing installation and repair as well as other home-construction services.
•••••
Linda Carfora has been named Assistant Director of Educational Services for the Willie Ross School for the Deaf in Longmeadow. She is responsible for coordination of the school’s two campuses, the management of the center-based home campus in Longmeadow as well as the partnership, mainstreaming campus in the East Longmeadow Public Schools.
•••••
Shanda Reynelli has been appointed Clinical Director of Children’s Services for the Center for Human Development, based in Springfield. Reynelli, a licensed mental health counselor, will oversee clinical services for all CHD programs serving children and adolescents.
•••••
Thomas Devivo has joined the Charter Department sales team at Peter Pan Bus Lines in Springfield. Devivo handles outside charter sales business for Peter Pan throughout the Greater New York and Northeast areas.
•••••
Western New England University in Springfield recently announced new members of its Board of Trustees. They are:
∙ Stephen J. Rourke, Vice President of System Planning for ISO New England.
∙ Neville S. Bogle, Senior Financial Consultant with Travelers Insurance Co. in Hartford, Conn.
∙ Robert W. Dobek, Pharmacist, in Massachusetts and Connecticut.

Entrepreneurship Sections
, entity

Jeffrey Fialky

Jeffrey Fialky

Individuals forming new business enterprises, or perhaps those whose business enterprises have matured to the standpoint of pursuing the next level, often approach their accountants and attorneys when considering whether or not to incorporate.
Really, the term ‘incorporate’ is euphemistic for whether an individual, and in some cases multiple business partners, should proceed (or continue to proceed) on their own behalf or, alternatively, form a limited-liability entity pursuant to the laws of the respective jurisdiction. The question of whether to engage in business operations in an individual capacity or to form a limited-liability entity within which to conduct business operations is generally a question answered by a thorough analysis of the respective liabilities and tax implications.

Sole Proprietorship
The simplest manner of doing business is in the form of a sole proprietorship. That said, a sole proprietorship is a bit misleading by name, in that it is not a business entity, but rather the absence of a business entity.
There are no registration or filing requirements, and simply engaging in the business operation commences the sole proprietorship, in the individual’s own name, or on their own behalf. As a result, an individual who engages in a business practice as a sole proprietor personally exposes himself to any liabilities that could arise as a result of such business operations without any legal protection from same.
While an individual doing business as a sole proprietor may register a fictitious name in which to conduct his or her business by filing a DBA certificate in the community in which the business operates, from a legal standpoint, the fact that the business operates pursuant to a fictitious name has no bearing or legal effect relative to liability. By way of example, assume Joe Smith, d/b/a XYS Construction, is named in a lawsuit as a result of an injury occurring to a third party on a job site. A judgment against Joe, personally, could certainly result in a lien against Joe’s personal residence, subject to subsequent sale in order to satisfy such judgment.

General Partnership
Another form of business operation is a general partnership. This consists of essentially two or more individual sole proprietors engaging in business operations in a joint capacity. Often, a general partnership will be governed pursuant to the terms of a partnership agreement; however, such as with a sole proprietorship, there is no formal legal registration requirement.
Additionally, as with a sole proprietorship, the general partnership does not protect the individual partners from personal liability arising out of the business operations. Worse, partners pursuant to a general partnership are not only liable personally for their own acts or omissions relative to the ongoing business venture, but, additionally, each individual is personally liable for the acts of other partners in the partnership.

Corporation
For many reasons, including avoiding the personal liability attributed to sole proprietorships and general partnerships, parties are often counseled to consider forming limited-liability legal entities, which provide a barrier of protection for the business owners.
Among the host of legal entities available for formation, the most commonly used in contemporary business are the corporation and limited-liability company (LLC). That said, the term ‘corporation,’ as generally used, often includes two specific types of corporations ­— subchapter ‘C’ corporations (C corps) and subchapter ‘S’ corporations (S corps), the distinction between which arises pursuant to the respective subchapter of the IRS tax code.
Generally speaking, a corporation is a legal entity that is formed by the filing of articles of organization, is governed by its bylaws, and which is owned by its stockholders. Corporations are managed by their board of directors, with day-to-day operations overseen by their officers. Unlike a sole proprietorship or general partnership, a corporation is an independent legal identity, which is independent from that of its stockholders. Accordingly, a substantial degree of protection is afforded to owners of the corporation relative to liabilities arising as a result of the ongoing business operations of the corporation. The tax treatment of a corporation, including the potential tax effect on individual stockholders, varies in accordance with the nature of the corporation formed, specifically whether it is a C corp or an S corp.

C Corporations
Subchapter C corporations, or C corps, enjoy the benefits of limited liability for stockholders, and are operated pursuant to the traditional corporate formality of being governed by their directors and officers. One significant potential tax disadvantage to C corps, however, is the potential for double taxation of corporate earnings. C corps pay tax on income at the corporate level, and in the event that earnings are distributed to stockholders as dividends, the dividends are often subject to tax at the individual shareholder level upon distribution. This so-called potential for ‘double taxation’ can often be avoided by forward thinking and anticipatory tax planning.

S Corporations
Unlike C corps, subchapter S corporations, or S corps, while providing many of the advantages of the limited liability corporate structure as provided by a C corporation, have the added advantage of not being subject to the potential for double taxation. In fact, income and losses from the business flow through to the individual stockholders and are reported on their personal tax returns. That said, S corps are subject to their own specific limitations and potential disadvantages, most notably the fact that they are limited to a maximum number of stockholders, that stockholders generally must be individuals as opposed to other legal entities, that the S corporation may not have more than one class of stock (e.g. common vs. preferred), and that distributions must be in direct percentage to ownership interest.

LLC
Another commonly utilized business entity is the limited liability company (LLC), which is an entity that shares many characteristics of sole proprietorships and general partnerships, but with the limited liability protection afforded to corporations. The LLC, much like a corporation, is formed by the filing with the secretary of the respective state jurisdiction, with a simple certificate of organization filing, and payment of the respective registration fee. Unlike a corporation, which is owned by its stockholders, LLCs are owned by its member or members, as opposed to directors and officers, and managed by their manager or managers.
LLCs afford a great degree of flexibility in that most states have enacted a limited-liability company act permitting LLCs to be owned by a single member, to have multiple classes of membership (e.g. common vs. preferred), and to determine the capital structure, ownership, and management, all as determined by the business owners. Additionally, unlike S corps, profits and losses may be allocated in a manner that is disproportionate to direct percentages of ownership interests.
Unlike a corporation, which is operated pursuant to its articles and bylaws, LLCs are operated pursuant to a document called an operating agreement, which is a recitation of the respective rights and obligations of each member and manager of the LLC.
Members of an LLC have additional flexibility relative to taxation in that members can be taxed much like a sole proprietor or like a partnership, although distributions to members may be subject to self-employment taxes.
As a result of the flexibility of LLCs and the avoidance of the potential for double taxation, they provide ideal entities for the purposes of taking title to real-estate holdings and investments. For similar reasons, LLCs are additionally valuable tools for estate-planning purposes.

In Summation
As you can see, the determination of whether to form a limited liability entity and, if so, the choice of entity itself, is a fact-dependent analysis. Naturally, consultation with legal and tax professionals is recommended to ensure that you may enjoy the maximum level of liability protection and the most favorable tax consequences for your situation.

Jeffrey Fialky is an associate with the regional law firm Bacon Wilson, P.C, specializing in business, corporate, municipal, and real-estate law. A former assistant district attorney in Hampden County, Fialky joined the firm after a decade of holding senior attorney positions with some of the country’s most prominent telecommunications and cable television companies, where he negotiated large-scale licensing, acquisition, and distribution agreements; (413) 781-0560; baconwilson.com/attorneys/fialky

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
The Levato Supply Co. v. Theroux’s Plumbing & Heating Inc.
Allegation: Non-payment of plumbing and heating goods: $6,755.67
Filed: 3/17/11

FRANKLIN SUPERIOR COURT
Paula Denton v. Northeast Foundation for Children Inc. and Roxanne Kriete
Allegation: Breach of contract for employment: $84,307.75
Filed: 5/25/11

Stephanie Nace and Jordan Carriere v. Salon 107 and Debra Mathey
Allegation: Breach of employment contract for services, labor, and materials: $30,000
Filed: 6/8/11

GREENFIELD DISTRICT COURT
Capital One Bank v. Piano Service
Allegation: Monies owed for credit advanced: $12,405.90
Filed: 4/7/11

HAMPDEN SUPERIOR COURT
Geodesign Inc. v. Purcell Associates, et al
Allegation: Collection for the value of design services rendered on a construction project: $1,090,295
Filed: 5/16/11

Imedicor Inc. v. MassMutual Life Insurance Co.
Allegation: Non-payment of goods sold and delivered: $520,000
Filed: 4/18/11

Peter Mayberry v. Allcare Dental Management, LLC
Allegation: Medical malpractice: $50,000
Filed: 4/27/11

Six Flags New England v. Air Shield Inc.
Allegation: Defendant designed, constructed, and erected a canopy structure, which later collapsed: $66,000
Filed: 5/5/11

HOLYOKE DISTRICT COURT
Barbara Stone v. Macy’s at the Holyoke Mall
Allegation: While shopping at Macy’s, plaintiff was thrown to the ground by two Macy’s employees, causing personal injury: $2,479.43
Filed: 5/3/11

PALMER DISTRICT COURT
Sentry Services Inc. v. RB Enterprises
Allegation: Non-payment of loam and fill supplied: $24,611.77
Filed: 5/24/11

SPRINGFIELD DISTRICT COURT
Bradco Supply v. CDC Custom Exteriors and Home Improvement Inc.
Allegation: Non-payment of goods sold and delivered: $7,049.51
Filed: 4/28/11

Capital One Bank v. Craftsmen’s Corner
Allegation: Monies owed on credit account: $5,196.90
Filed: 5/11/11

Capital One Bank v. Bannon & Ferrari Granite Inc.
Allegation: Monies owed for credit advanced: $18,278.56
Filed: 5/2/11

Liberty Mutual Insurance Co. v. RPM Restoration & Waterproofing Inc.
Allegation: Non-payment on two workers’ compensation policies: $44,615.88
Filed: 4/28/11

Law Sections
Massive Employee Class Actions Are More Difficult to Maintain

By AMY B. ROYAL, Esq. and BENJAMIN A. BRISTOL, Esq.

Amy Royal

Amy Royal

The U.S. Supreme Court’s recent decision that halted the Dukes v. Wal-Mart 11-year litigation saga appears to signal an end to certain types of employee class actions.
A class action is a lawsuit that is brought by an individual plaintiff, or small group of individual plaintiffs, who represent a larger group of plaintiffs. Many in the media have reported that this decision will frustrate a majority of class actions. However, in reality, this decision will likely have a much narrower scope, and may prove effective only against class actions involving a very large number of plaintiffs.
In the Dukes case, 1.5 million female employees and ex-employees of Wal-Mart — the “nation’s largest private employer,” according to Justice Antonin Scalia — from across the country claimed that their local managers, who had discretion in making pay and promotion decisions, favored men in making those decisions, and that such actions had an unlawful, disparate impact on women in violation of Title VII of the Civil Rights Act of 1964.
The female workers claimed that they were entitled to various forms of relief, including back pay and punitive damages. The workers claimed that the discrimination was common to all female employees at Wal-Mart due to a strong and uniform corporate culture that permits bias against women and infects the discretionary decision-making of every Wal-Mart manager. The class initially received certification at the federal trial-court level, which was then affirmed in the appellate court.
Benjamin Bristol

Benjamin Bristol

The general question before the Supreme Court was whether this ‘class’ of 1.5 million female workers had enough facts in common to join together as a legal class to sue Wal-Mart. The court concluded that it did not.
Rule 23 of the Federal Rules of Civil Procedure governs class certification and provides that a party seeking class certification must demonstrate the following:
• the class is so numerous that joinder is impracticable;
• there are questions of law and fact common to the class;
• the claims and defenses of the representative party are typical of the claims or defenses of the class; and
• the representative parties will fairly and adequately protect the interests of the class.
In reaching its decision, the Supreme Court found that this megaclass could not meet the commonality prong as required under the rules. Specifically, the court noted that the female workers failed to point to a common corporate policy that led to gender discrimination against all of them. “The only corporate policy that the plaintiffs’ evidence convincingly establishes is Wal-Mart’s ‘policy’ of allowing discretion by local supervisors over employment matters,” the court explained. “On its face, of course, that is just the opposite of a uniform employment practice that would provide the commonality needed for a class action; it is a policy against having uniform employment practices.”
This ruling was procedural in nature, i.e., this particular class did not meet the definition for certification as defined under the rules. There was no substantive ruling on the merits of any of these claims, i.e., whether or not discrimination actually occurred. This means these cases are not necessarily over. Although they cannot be brought in this massive form because of the lack of commonality among the individuals, they could be brought in smaller classes or as individuals.
Class actions can arise in numerous employment contexts due to the abundance of laws that apply to the relationship between an employer and its employees. For instance, wage-and-hour laws can provide fertile ground for class actions because violations of such laws can be committed uniformly against a group of employees, or even an entire workforce.
Some examples of wage-and-hour violations that could form a basis for class actions include failing to provide employees with the statutorily mandated meal period, minimum wage, overtime compensation, or compensation for certain types of time spent traveling. Misclassifying employees as exempt or paying nonexempt employees on a salary basis are some other missteps that may lead to class actions. Such actions may also arise where employees are misclassified as independent contractors.
Wage-and-hour class actions can be particularly expensive for Massachusetts employers because the Massachusetts Wage Act awards successful plaintiffs with treble damages, or three times the amount they are owed, for certain violations. Independent-contractor misclassification can result in additional costs due to the numerous laws that are implicated besides wage and hour laws, such as workers’ compensation laws.
In light of these considerations, employers are well-advised to remain vigilant and routinely review their policies and practices for compliance with applicable laws, even in light of the Dukes decision. For, even if a group of employees fails to become certified as a class, that result may prove to be an empty victory if each class member elects to proceed on their own, and a single lawsuit begins multiplying into many more.

Amy B. Royal, Esq. and Benjamin A. Bristol, Esq. specialize exclusively in management-side labor and employment law at Royal LLP, a woman-owned, boutique, management-side labor- and employment-law firm; (413) 586-2288; [email protected]; [email protected]

Departments People on the Move

United Bank announced the following:

Barbara-Jean DeLoria

Barbara-Jean DeLoria

• Barbara-Jean DeLoria has been named Senior Vice President of Commercial and Retail Lending. She has been with United since 1989, most recently serving as a senior vice president and commercial lending officer. She also has overall responsibility for the bank’s consumer lending department. In her new role, DeLoria will remain based at the bank’s corporate headquarters in West Springfield and will maintain her commercial-lending portfolio, in addition to her new responsibility for managing the bank’s retail lending division, which includes consumer and residential lending. DeLoria is treasurer of the Affiliated Chamber of Commerce of Greater Springfield and serves on the Professional Women’s Chamber. She also serves on boards for the Weston Rehabilitation Center for Women, the Massachusetts Small Business Review Board, and Springfield Rifles Hockey Inc. She is a teacher for the Center of Financial Training (CFT) and president of Dress for Success of Western Mass.; and
Milly Parzychowski

Milly Parzychowski

has been hired as Assistant Vice President and Residential Lending Sales Manager. She is a new addition to the United Bank team, bringing with her decades of experience in mortgage financing in the Greater Springfield area. As the assistant vice president and residential lending sales manager based at the bank’s corporate headquarters in West Springfield, Parzychowski is responsible for managing the residential-lending team of originators, as well as residential-mortgage business development. Parzychowski joins the bank from Mortgage Master in West Springfield, where she served as senior loan officer, a position she had also held previously with Family Choice Mortgage Corp. in West Springfield. She serves as chair of the Board of Directors for the Agawam Small Business Assistance Center, is immediate past president of the West Springfield/Agawam Kiwanis Club, and is active in several charitable organizations.
•••••
Attorney Susan Fentin, a partner with Skoler, Abbott & Presser, P.C., will be a key speaker at the 2011 Advanced Employment Issues Symposium in Nashville, Tenn. on Oct. 6 and 7. Fentin will be part of the keynote panel that will begin the symposium and will be speaking on independent contractor misclassification, a topic of significance for employers in Massachusetts and elsewhere in the U.S.
•••••
Tamara Fricke

Tamara Fricke

The Massachusetts Chamber of Business and Industry announced that Tamara Fricke has been named Vice President and Manager of Chamber Relations. She comes to the chamber with more than 15 years of professional experience in managing sales, marketing, and information-technology initiatives.
•••••
Dietz & Co. Architects announced the following:
• Jamie Kelliher has joined the firm. He graduated from Cornell University with a bachelor of Architecture degree and the University of Arizona with a master of Architecture degree in Urban Design. Prior to joining Dietz & Co. Architects, he worked at Drachman Institute for Regional Development in Tucson, Ariz. and Paolo Soleri/Arcosanti Planning Office in Mayer, Ariz., where he acquired experience working on complex, high-end, award-winning, multi-family, mixed-use building projects. He collaborated on the Soleri Bridge and Plaza in Scottsdale, Ariz., where the design incorporated hallmarks of Paolo Soleri’s signature style and was also designed to bring awareness of our human connection to the sun and the natural world;
Josh Payne

Josh Payne

• Josh Payne has joined the firm as an Architectural Associate. He graduated from Roger Williams University with a bachelor of Architecture Degree and studied planning, architectural design, and art history for a semester at Palazzo Rucellai in Florence, Italy. He acquired valuable experience collaborating on complex, high-end residential projects at a design firm in Great Barrington;
Kris Kennedy

Kris Kennedy

• Kris Kennedy has joined the firm as an Architectural Associate. He came to Dietz as an intern in the spring of 2010 and has since earned his master of Architecture degree from UMass Amherst. He was one of three graduates honored by the faculty of the Tau Sigma Delta National Honor Society, which is the only national honor society in architecture. He also acquired his certification as LEED AP BD+C. He was involved as a session chair at the NESEA Conference BE11 this past Spring. He is most interested in sustainability and community engagement through design; and
• Mark Hellen has joined the firm. He graduated from New York University and Boston Architectural College with a master of Architecture degree. Prior to joining the firm, he spent over 10 years at CBT in Boston, working on various educational, residential, and commercial projects. His extensive list of experience, regionally, includes the design of Turner Hill Cottage Development, a residential project on an exclusive golf course in Ipswich, Mass., and Northfield Mount Hermon Rhodes Art Center, an educational project encompassing multiple classroom, art, and performance spaces. His most complex past project is Champlain College, which included adding four dormitory buildings to an existing neighborhood.
•••••
Kristen Adams

Kristen Adams

Kristen Adams has been named eMarketing Officer for Florence Savings Bank.  Adams joined FSB in June, having worked most recently as an Internet Marketing Manager at the Janlynn Corporation. Active in the community, Adams is a volunteer at Big Brothers Big Sisters and a member of Northampton Area Young Professionals.
•••••
Attorney Ryan Alekman, a Partner of Alekman DiTusa in Springfield, has been elected to a two-year term on the Board of Governors of the Massachusetts Academy of Trial Attorneys. A graduate of the Western New England College School of Law, he handles personal-injury and criminal-defense cases.
•••••
Nuvo Bank & Trust Co. has promoted Susan Fearn to Assistant Vice President in addition to her duties as Client Sales and Service Manager.
•••••
Brian O’Shea, Manager of the Holyoke McDonald’s, 285 Maple St., and Jeremy Zimowsky, manager of the 2194 Northampton St., Holyoke McDonald’s, are recipients of Outstanding Restaurant Manager awards by the Connecticut and Western Mass. McDonald’s Owner-Operator Assoc. The award recognizes managers whose McDonald’s restaurants operate at an outstanding level and exemplify leadership following McDonald’s key initiatives. The top 10% of restaurant managers are bestowed with the honor.
•••••
The Mass. Society of Certified Public Accountants Inc. recently elected its board of directors for the 2011-12 fiscal year. The MSCPA board of directors sets policies, manages programs, and oversees activities that benefit the 10,500-plus-member organization and accounting profession. The following will serve as board officers:
• Stuart Benton, CPA, Bradford Soapworks Inc., as chairman;
• Kenneth Kirkland, CPA, KAF Financial Group, as chairman-elect;
• Merrill Puopolo, CPA, CBIZ, Tofias & Mayer Hoffman McCann P.C. – Tofias New England Division, as vice-chairwoman of finance;
• Tracy Noga, CPA, Bentley University, as vice chairwoman;
• William Mahoney, CPA, Edelstein & Co. LLP, as vice chairman;
• Jeffrey Solomon, CPA, Levine Katz Nannis + Solomon P.C., as past chairman; and
• Theodore Flynn, CAE, MSCPA, as president and CEO.
The following will sit on the board as members: Cheryl Burke, DiCicco Gulman & Co. LLP; Frank Constance, CPA, Coles & Bodoin LLP; Kristin Costa, CPA, Braver P.C.; Paul Gerry Jr., CPA, Gray Gray & Gray LLP; Gerald Gerson, CPA, Litman Gerson LLP; Scott Levy, CPA, Grant Thornton LLP; Kevin Martin Jr., CPA, MST, Kevin Martin & Associates P.C.; Carla McCall, CPA, Alexander Aronson Finning & Co. P.C.; Robb Morton, CPA, CITP, Boiselle Morton & Associates LLP; George Neble, CPA, Ernst & Young LLP; Charles O’Donnell, CPA, Hans Kissle Co. Inc.; and Carolyn Stall, CPA, Stall Advisors LLC.
•••••
The Springfield Technical Community College Foundation recently welcomed three new members to its board:
Raymond Berry

Raymond Berry

• Raymond Berry is Senior Vice President for Finance and Administration for the United Way of Pioneer Valley. He previously held positions at MARC: Community Resources, the Springfield Housing Authority, and the Mason Square Development Corp.;
Sheila King Goodwin

Sheila King Goodwin

• Sheila King Goodwin is Senior Vice President of Retail for PeoplesBank and previously held management positions at Citizens Bank and Fleet Bank; and
Michael Weekes

Michael Weekes

• Michael Weekes of Longmeadow is President and CEO of the Massachusetts Council of Human Service Providers, the state’s largest human-service
trade association, and also of the Human Services Providers Charitable Foundation.

Opinion
What’s Behind the State’s ‘Big Shrink’

Massachusetts has lagged behind the rest of the country in job creation since the 2001 recession. While the rest of the country grew, we shrank.
Two interlocking factors explain a significant portion of our stagnation — Massachusetts is failing to create new businesses at the same rate it did in the ’90s, and the new businesses we manage to create are much smaller in size. The Pioneer Institute’s latest study, “The Big Shrink,” seeks to understand how the dynamics of firm size have changed.
Average establishment size dropped from 16 employees in 1990 to 9.7 employees by 2007. This decline has several causes. Large establishments in Massachusetts are disappearing, particularly branches of more than 100 people. Headquarters have actually grown in average firm size over the period studied. Unfortunately, we lost an astounding 5,000 of them from 1990 to 2007.
The most important changes have occurred at stand-alone, single-location firms that make up the vast majority of establishments in the state. The number of stand-alone businesses has increased by almost 150,000 establishments over the 17-year period. But most of that growth is from single-person or non-employer service companies, particular business services. That has resulted in a drop of average firm size at stand-alone companies from 8.38 employees to 5.48.
To be sure, small businesses are crucial to the economy, and we should support them.  There’s also a case to be made that high-value-added service businesses are a durable source of employment that is strongly resistant to outsourcing. But a job-creation dynamic that results in fewer, smaller businesses is incompatible with long-term economic growth.
What is precluding Massachusetts establishments from growing and, in the process, hiring more people? Given that firm shrinkage is pervasive across industries, the answer may lie in the general business environment, as opposed to our current economic-development focus on specific industry niches. Put simply, we need a broad-based effort to address those factors that make the costs of growing and hiring outweigh the benefits. These costs include taxes, unemployment-insurance charges, and the legal and regulatory environments, to name a few factors other studies have highlighted. Massachusetts regularly falls below average in studies that rank states based on their tax and regulatory environments.
Relative to the rest of the U.S., Massachusetts’ inability, long-term, to grow jobs suggests that our economic policies are not effective. To create jobs requires that Massachusetts dramatically increase its rate of business creation and reverse the firm-size trend. Reigniting the Bay State’s job engine will require a systematic approach that takes into account the real dynamics of employment in this state and makes the Commonwealth an attractive place to start and grow businesses.

John Friar is the Pioneer Institute’s senior fellow on Jobs and the Economy and executive professor of Entrepreneurship and Innovation at Northeastern University’s College of Business Administration.

Briefcase Departments

AIM Business Confidence Index Slumped in May
BOSTON — The Associated Industries of Massachusetts (AIM) Business Confidence Index dropped 4.4 points in May to 51.7 as state employers confronted a slowing economy and continuing uncertainty about the course of recovery. “The results mirror the national news,” said Raymond Torto, global chief economist at CB Richard Ellis Group Inc., the chair of AIM’s Board of Economic Advisors (BEA), in a statement. “A series of economic reports is telling us what AIM members were seeing in mid-May — disappointing growth and job creation, weakness in manufacturing and real estate, and declining consumer confidence locally and nationally, along with renewed turmoil in the euro zone and its impact on financial markets.” The economy, Torto added, “as we’ve often noted, is getting better but remains far from healthy, so it will be subject to relapses like this. The factors at work now are very similar to those that produced a dip in confidence last spring, with some added concerns about East Asia.” AIM’s Business Confidence Index, issued monthly since July 1991, uses a 100-point scale to judge business conditions, with 50 as neutral. Its historical high was 68.5, attained in 1997 and 1998; its all-time low was 33.3 in February 2009. “The index has been in positive territory for the past eight months, and it is up 12.7 points over two years, with most of its gain in late 2009 and early 2010,” Torto noted. “The economy, though clearly in stronger and more stable condition than it was in 2009, has yet to achieve sustained, robust growth.” All of the sub-indices based on selected questions or respondent characteristics gave ground in May along with the main index. The Massachusetts Index of business conditions prevailing within the Commonwealth dropped 1.5 points to 48.2, while the U.S. Index of national conditions fell 1.6 to 44.3. Since March 2010, the state indicator was ahead 4.1, and its national counterpart up 3.0 points. The Current Index of conditions prevailing at the time of the survey was off 4.2 points at 49.7, while the Future Index of expected conditions six months ahead lost 4.5 to 53.7. The Company Index, which measures survey respondents’ overall confidence in the situations of their own operations, dropped 6.6 points in May to 54.7. The two other company-specific sub-indices also fell, the Sales Index by 6.8 to 54.1 and the Employment Index by 6.0 to 51.9. Confidence was off among both manufacturers (-3.2 to 54.6) and other employers (-5.5 to 47.7); it also fell both in Greater Boston (-3.6 to 43.0) and outside the metropolitan area (-6.5 to 49.0). There was no clear pattern of responses by size of company. The monthly Business Confidence Index is based on a survey of AIM member companies across Massachusetts, asking questions about current and prospective business conditions in the state and nation, as well as respondents’ own operations. On the Index’s 100-point scale, a reading above 50 indicates that the state’s employer community is predominantly optimistic, while a reading below 50 points to a negative assessment of business conditions. A number of component sub-indices are derived by analyzing responses to selected questions or those of particular groups of respondents.

State Leading Growth Rate
BOSTON — The U.S. International Trade in Goods and Services report by the Commerce Department’s U.S. Census Bureau and the U.S. Bureau of Economic Analysis recently showed that U.S. exports of goods and services in April 2011 increased 1.3% from March 2011 to a record $175.6 billion, with record exports of both goods ($126.4 billion) and services ($49.1 billion). The monthly export values for U.S. industrial supplies ($43.4 billion) and capital goods ($41.0 billion) was also the highest on record.  U.S. imports of goods and services decreased 0.4% over this period to $219.2 billion, causing the U.S. trade deficit to decline 6.7% below March figures to $43.7 billion in April. “Over the past six months, the economy has added more than a million private-sector jobs, and exports — boosted by the president’s National Export Initiative — are helping us do that,” said U.S. Commerce Secretary Gary Locke in a statement. “President Obama announced several new commitments that will help 500,000 young Americans get the credentials they need to succeed in the manufacturing industry. Preparing Americans for good-paying jobs in the manufacturing sector will not only strengthen the economy and put people back to work, but will help us compete in today’s 21st-century global economy.” Locke noted that April is the second consecutive month of record export growth, and while there may be bumps on the road to recovery, he added that the administration is making the economy more competitive by fostering new jobs in new industries, and helping to educate and train workers to fill them. In Massachusetts, the state’s economy grew 4.2% in 2010, ranking it fourth in the nation in economic growth, according to the Commerce Department. The technology and health care industries have fueled the state’s growth, allowing Massachusetts to recover faster than the nation as a whole. Across the region, Vermont ranked second after Massachusetts with 3.2% growth, followed by Connecticut with 3.1%, Rhode Island with 2.8%, Maine with 2.1%, and New Hampshire with 1.3%.

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
The Levato Supply Co. Inc. v. Theroux’s Plumbing & Heating Inc.
Allegation: Non-payment of plumbing and heating goods and materials: $6,755.67
Filed: 3/17/11

HAMPDEN
SUPERIOR COURT
Bank of America v. Alactronic Inc.
Allegation: Non-payment of a small-business loan: $135,077.38
Filed: 1/24/11

David Leishman v. Patient EDU, LLC; Steven Graziano; and Michael Schulman
Allegation: Non-payment of a promissory note: $150,000
Filed: 3/1/11

Dhanesh Dookhran v. Baystate Affiliated Practice Organization
Allegation: Breach of employment contract and non-payment of wages: $36,490.42
Filed: 2/18/11

Gail Hill and Johnny Mayweather, as guardians of Dwayne Mayweather v. Guidewire Inc.
Allegation: Negligent supervision in a group home causing harm: $182,781.92
Filed: 2/14/11

McNair Business Machines Inc. v. KRM Equipment
Allegation: Misappropriation and misuse of trade-secret information: $250,000
Filed: 3/1/11

Raymond and Kim West v. Sunnyside Corp., JKM Construction, and D.L. Bean Company Inc.
Allegation: Negligence in construction of a housing community causing flooding to adjacent property: $407,812
Filed: 3/3/11

Robert Donahue, M.D. v. Cataract and Laser Center West, LLC; John Frangie, M.D.; Nancy Balin, M.D.; and John Papale, M.D.
Allegation: Breach of fiduciary duties and breach of partnership agreement: $145,000
Filed: 3/4/11

HAMPSHIRE SUPERIOR COURT
Viola A. Benoit v. Cooley Dickinson Hospital, et al
Allegation: Negligence in elevator maintenance causing injury: $30,103.52
Filed: 4/13/11

HOLYOKE
DISTRICT COURT
Day International v. Berkshire-Westwood Graphics Group Inc.
Allegation: Non-payment of goods sold and delivered: $57,930.16
Filed: 3/7/11

NORTHAMPTON
DISTRICT COURT
Border Concepts Inc. v. Angelo’s Garden Harvest Inc.
Allegation: Non-payment of landscape and garden-related goods: $5,725.46
Filed: 4/26/11

SPRINGFIELD
DISTRICT COURT
Comcast Spotlight Inc. v. Nissan of Bourne
Allegation: Non-payment of advertising services: $19,886.79
Filed: 3/11/11

Chase Management Services Inc. v. Bayview Loan Servicing Inc. and IB Property Holdings
Allegation: Non-payment of labor and services: $18,889.54
Filed: 3/14/11

Banking and Financial Services Sections
There Are Financial Benefits to Putting Family Members on the Payroll

Dawn Badorini

Dawn Badorini


It is that time of year again. The kids are out of school, and you wonder what they are going to do all summer to keep themselves busy and away from the social-media frenzy. If you are a business owner, there are many potential financial benefits of hiring your children.
One of the biggest incentives of hiring your children is the potential tax savings. The tax savings will vary depending on the type of entity your business is. If you are the owner of an unincorporated business (Schedule C/Self-Employed) you have the greatest potential tax savings. If your children are under age 18, you will not have to pay FICA (Social Security and Medicare) taxes on their wages. Your children are also not required to have these withheld from their paycheck.
For employers, the Social Security portion of the tax is 6.2%, and the Medicare tax is 1.45%. For your children, the Social Security portion is 4.2% (reduced from 6.2% for 2011 only), and Medicare is 1.45%. Also, wages paid to children under age 21 are exempt from federal unemployment taxes (FUTA). Both the FICA and FUTA tax exemptions also apply if your business is a partnership or LLC as long as the only partners are the parents. This is a huge tax savings because you would have to pay these payroll taxes on any other employee you hired.
This does not mean there are no tax benefits if you are an S-corporation or a C-corporation. No matter what type of entity you are, you will get a business deduction for the wages paid to your children, assuming it is for bona-fide work at a reasonable rate. As a corporation, you also get a deduction for the payroll (FICA/FUTA) taxes paid on their wages. This reduces the amount of overall profit subject to income taxes. Assuming you are in the 33% tax bracket, if you pay wages of $10,000 to your child, this could potentially reduce your tax liability by almost $3,700. The tax liability to your child before possible education credits is $985 ($565 FICA and $420 federal income tax). The tax savings to the family is more than $2,700. If you are self-employed, it also reduces the amount of profit subject to self-employment taxes, further reducing your own overall income-tax liability.
Now let’s look at the tax impact on your children. If the wages paid to your children are equal to or less than the standard deduction ($5,800 in 2011), they will not owe any income taxes on their earnings. Even if you pay your children more than the standard deduction, there is typically still a tax benefit. Since your children are most likely in a lower tax bracket than you are, you are shifting income from your higher tax bracket to their lower one. In 2011, taxable income up to $8,500 is taxed at only a 10% rate for a single taxpayer. Also, earned income (wages) is not subject to the ‘kiddie tax.’
Another advantage is that older children may be able to offset any taxes owed by education credits of up to $2,500 claimed on their own individual tax return. In many cases, your income is too high to utilize these education credits. In order for the child to claim any of the education credits, the parents may not claim them as a dependent on their tax return. This results in you losing the deduction for their personal exemption ($3,700 in 2011). To demonstrate the benefit, lets assume the child earns $20,000 working during school breaks and maybe on weekends. Their tax would be $1,530.
This represents only the FICA tax on their earnings, since the income tax is fully offset by education credits. The first $5,800 is tax-free, the next $8,500 has a tax of $850 (10%), and the remaining $5,700 is taxed at 15% or $855. If you or your child paid college tuition of $1,705, they can get a tuition credit of the full $1,705 (100% of first $2,000 of tuition and 50% on next $1,000). The parents’ tax savings could be $4,534, which is a $20,000 deduction plus a deduction of $1,530 for employer FICA less the lost dependent deduction of $3,700, or $17,830 at 33% or $5,553, reduced by the employer FICA tax of $1,530 to net to the $4,534 benefit. Compare this to the child’s tax cost of $1,530, and the family unit saves $2,824.
However, assuming the child does have a tax liability, the overall tax savings is typically still greater when the child is able to claim the education credit. Furthermore, beginning in 2013, personal exemptions will once again be subject to phase-out limits based on income. If your income exceeds these limits, you get no tax benefit for claiming their personal exemption.
Something else you should consider is having your children begin to save for their own retirement by investing some of their wages in a Roth IRA. In 2011, they may make a contribution to a Roth IRA of $5,000 or their taxable compensation, whichever is less. This is an excellent long-term tax-savings investment for your child. They will be able to withdraw this account with all its earnings tax-free upon retirement. This could be substantial since it’s most likely 50 or more years from now.
Of course,there are some limitations and other considerations in employing your children. As mentioned above, in order to get the payroll tax savings (FICA, FUTA), your business must be unincorporated (this includes a sole proprietorship, limited-liability company, or partnership if the only partners are the parents).
There are no age limitations for employing your child, but the work performed must be necessary for the business, and the wages paid must be reasonable for the type of work performed. There could be a little more bookkeeping required as you should keep time sheets showing the dates, hours, and services performed. You will also need to file quarterly payroll tax reports and Form W-2 at the end of the year. However, if you have other employees, you are filing these already. Finally, money held in your child’s name may reduce the amount of financial aid available.
Everyone’s situation is different, but this could be a great opportunity for you to teach your child about your business and help them learn new skills, as well as begin to develop a sense of responsibility, limit the amount of time available for non-desired activities, and save taxes as well.

Dawn Badorini, MST is a manager in the Tax Division of Meyers Brothers Kalicka, P.C. in Holyoke; (413) 536-8510.

Sections Supplements
Some Basic Steps for Taking Control of Your Money

Doug Wheat

Doug Wheat


If you are like most people, you are anxious and concerned about the economy, your job, and the future. While we may have a limited impact on the world around us, we can each take control of our own financial situation to ease our concerns. Whether you are wealthy or not, having specific financial goals and a plan for achieving them will help you be more in control of your financial life.
If you have a financial plan in place, make sure you review it on a regular basis. Life can take unexpected turns, and your financial planning may need to be appropriately altered. If you started implementing some changes to your finances but ran into a roadblock, got bogged down in the details, or your life got too busy, now is a great time to pick up where you left off.
Here is a challenge for you to complete this summer. Read through this article detailing nine basics of financial planning. Pick two action items that would be helpful to you, and implement them in June. In July, read a personal-finance book and pick two more action items to implement. You will be on your way to taking control of your finances for the next decade.
• Spend Less Than You Earn: While there are many different strategies for financial planning, no strategy will work unless you spend less than you earn. It doesn’t matter if you make $30,000, $100,000, or $250,000 per year; spending more than you take home each month will make all of your plans collapse. The amount you spend in a year is the result of hundreds of independent decisions. How are you making these decisions? Do you know the difference between your wants and your needs? If you have trouble spending less than you earn, it’s time for you to do some research and some experimentation to find a system that helps you have some money left at the end of every week. One alternative to a traditional budget is the ‘first-step cash management’ system that suggests dividing your money into separate bank accounts, each with a different purpose.
• Have a Cash Reserve: Having cash in the bank is a type of insurance against the unexpected. At some point everyone will face an unexpected large bill, possibly a car-repair bill or a hole in the roof. If you have cash on hand, you can pay the bill without going into debt. Should you lose your job, it is doubly important to have resources available until you can secure new employment. A good goal is to have three months of expenses available in cash; six months would be even better. It is helpful to put your cash reserve in a place that makes it difficult to spend, such as a separate bank.

• Pay Off Debt: Debt can be useful and sometimes unavoidable whether you are paying for college, a medical bill, or a new refrigerator. The average American household with credit-card debt owes $14,743 and pays nearly $2,000 in interest expense per year, according to creditcards.com. It is no surprise that 69% of people with credit-card debt find it difficult to save, according to a 2011 America Saves survey. Whatever the source, you will be better served by paying it off as quickly as possible. You might try the ‘snowball’ method of debt repayment. With this strategy, after you pay off one debt, you add its monthly payment to the next debt on your list until all debts are paid off. Unless you have no other choice, don’t use credit to make additional purchases.
• Establish Specific Goals: Too many people live on a day-to-day basis without thinking about their priorities and developing plans to reach them. The more specific you can make your goal, the easier it becomes to measure your progress. For example, instead of simply having a goal of paying off your credit-card debt, add a date by which you want to have a zero balance and figure out your monthly payment to make it happen.
• Multiply Your Money: We all know the best time to start saving is early, and the second-best time is now. There are lots of competing uses for our money, but the power of compounding is not available to us until our money is invested and earning money. When our money is earning money, then our wealth can build much more rapidly. A 25-year old who saves $1,000 per year for 40 years and earns 5% interest will have $133,880 at age 65. A 35-year-old who saves $1,000 per year for 30 years and earns 5% interest will have $74,083 at age 65. Starting to save early can give you a big jump on meeting a long-term goal.
• Understand Account Types: Tax-advantaged accounts are available to help all of us meet some of our most important goals. Understanding the difference between these accounts will help you minimize the taxes you pay and maximize the money you have available to reach your goals. There are essentially three types of accounts: tax-free, tax-deferred, and taxable. With tax-free accounts, both the money you put in the account and the money earned in the account can be taken out tax-free. Retirement Roth IRAs and 529 Educational Savings Accounts are two examples of tax-free accounts.  If you make a contribution to a tax-deferred account, it will reduce your taxable income this year, but withdrawals of both your contributions and earnings in the future are considered income, and you will owe income tax on it. Traditional IRA accounts, 401(k) accounts, and 403(b) accounts are examples of tax-deferred accounts. For a taxable account, you owe income tax and capital-gains tax each year based on your earnings. Taxable accounts include savings accounts and brokerage accounts.
• Invest in a Diversified Portfolio: Since we cannot predict the future, investing in a diversified mix of assets will help you weather economic storms or drops in the market while also having better growth potential than a savings account alone. Being diversified becomes more important as you get older and have accumulated money that you do not want to lose. There are many strategies for building a diversified portfolio. If you don’t have the opportunity to research the subject, a default choice can be either a retirement fund based on your age or an educational fund based on the age of your child. Try to find investment products with low fees.
• Prepare for Pitfalls: It is important to be prepared for unexpected events. Having a cash reserve is one way to be prepared. Having insurance and wills in place is another. Most people have health, automobile, and homeowners insurance because they are often mandatory and it is easier to see a relationship between risk and benefits. However, people often don’t realize their vulnerability to misfortune in other areas of their lives. According to the Social Security Benefit Administration, approximately 30% of 20-year olds entering work today will become disabled before they retire, and 1 in 6 Americans will die before reaching age 67. Finding cost-effective means to insure against the risks we all face will provide you and your family financial security if the unexpected happens.
• Expand Your Learning: Personal finance is a complicated subject with a number of different facets. There is a wealth of information available on the Internet as well as in publications such as Money, Kiplinger Personal Finance, and Smart Money. Basic books on financial planning include Personal Finance for Dummies by Eric Tyson, The Millionaire Next Door by Thomas Stanley and William Danko, and The 9 Steps to Financial Freedom by Suzy Orman. Even if you don’t like dealing with money, reading a few personal-finance items every year will help keep you up-to-date and better-able to plan for your future.

Early-Career (approx. age 23-35) Action Items:
• Establish a cash reserve equal to 3-6 months of expenses.
• Make a plan to pay off non-mortgage debt by a specific date.
• Invest in a 401(k) retirement account at least up to your employer’s match but hopefully 10% of your salary or more.
• Utilize a Roth IRA retirement account if you don’t have a retirement plan at work.
• Pay yourself first by setting up automatic transfers into a long-term savings or investment account.
• Watch your expenses. It is easy to burn through money on nights out or daily coffee. Make sure you are spending less than you are taking home.

Mid-Career (approx. age 36-50) Action Items:
• Make specific mid- and long-range goals and develop a plan to meet them.
• Pay off non-mortgage debt and kick the debt cycle by building up your savings.
• Step up your retirement savings in your 401(k) to 10% or 15% of your salary if you are not already doing so. The default investment option can be a target date fund based on your age.
• Review your insurance needs, including term life insurance and disability insurance.
• Establish a will, health care proxy, and power of attorney.
• Start saving for your kids’ college in a 529 account. The default investment option can be a target date fund based on your son or daughter’s age.

Pre-retiree (approx. age 51-64) Action Items:
• Review your long-range goals and adjust your spending and savings to meet them.
• Develop a realistic budget.
• Consider fully funding your 401(k) with $16,500 per year plus $5,500 per year in step-up contributions for people over age 55.
• Make sure your investments are diversified.
• Review your Social Security benefit information.
• Consider paying off your mortgage before you retire to increase your cash flow when you don’t have a job.
• Don’t sacrifice your retirement to pay for your kid’s college.
• Consider how you will pay for future health care costs, including long-term care.

Retiree (age 65 and up) Action Items:
• Determine your income, including pensions and Social Security.
• Set up your investments to transfer money to your checking account on a monthly basis. Starting with a 4% withdrawal rate can help make your money last.
• Finalize a realistic budget based on your income and asset withdrawals.
• Consider part-time work or delaying retirement if your numbers do not add up.
• Review your will, health care proxy, and power of attorney.

Doug Wheat, CFP is director of Family Wealth Management Inc. in Holyoke; www.fwmgt.com

Law Sections
Law-school Graduates Find Evidence of a Soft Job Market

LawSchoolDPartThey entered law school just as the economy started to collapse and the legal field began to downsize in dramatic fashion. The members of the Western New England University School of Law class of 2011 knew early on in the pursuit of their degree that the job market wouldn’t be healthy when they graduated, and thus they are not surprised by what are generally meager prospects. Some have managed to find quality jobs, but many are looking at an immediate future clouded by question marks.

Peter Meggers described himself as one of the fortunate ones … and then quickly tacked on an adverb to punctuate that assessment.
“I’d guess I’d say I’m one of the extremely fortunate ones,” said Meggers, a member of the class of 2011 at the Western New England College School of Law, who will soon be carrying a business card that identifies him as an associate with the Hartford-based firm Halloran & Sage.
He told BusinessWest that he’ll be handling a diverse mix of duties, but probably a steady diet of insurance defense work to start, and will be earning a salary that exceeds expectations grounded mostly in anecdotal evidence about what he would likely find in the job market.
Much of that evidence came in the form of commentary from friends of colleagues who are simply not as fortunate as Meggers, and whose job-search results would more closely resemble the norm than the exception.

Art Gaudio

Art Gaudio says the laws of supply and demand clearly indicate a need for fewer law-school graduates for the foreseeable future.

“From what I hear, not everyone is having much luck,” he said, referring to classmates. “It’s pretty grim out there right now.”
Melanie Stevens, another of those in the ‘fortunate’ category, agreed. She has a job waiting for her at the Portland, Maine-based firm Friedman, Gaythwaite, Wolf & Leavit pending her passing the Maine bar exam. But most of her classmates are not faring as well.
“From what I’m hearing, it’s awful out there,” she said. “There are no jobs, and when you do find a job, the firm wants attorneys who have experience. I don’t know many people who have been able to find a job.”
Art Gaudio, dean of the law school, says he probably won’t have a very clear picture of just how the latest graduates of Western New England College School of Law are faring in their search for employment until next February. That’s when the results of a survey of that class, detailing where they are working and in what capacity, should be in. (The school waits nine months after commencement for this exercise because history has shown that this is a suitable timeframe to give graduates time to pass the bar and conduct a job search.)
But he has a pretty good idea what that survey will show.
Indeed, he predicts only slight improvement after this past February’s results, which revealed that 77% of all graduates and 83% of survey respondents had found work in the legal field. (When times are better, that first number is closer to 90%).
This modest trend northward shows that, while the recession is technically over, recovery has been slow, and many businesses still lack the wherewithal or confidence (or both) to add employees, said Gaudio, adding that law firms of all sizes fall into this category. Meanwhile, if firms are hiring, they are generally being more selective about who they bring on, simply because they can, with many experienced lawyers looking for a job, or a better one, after industry-wide downsizing at the height of the downturn.
As a result of all this, the employment picture remains fuzzy not merely for the class of 2001 but for the foreseeable future as well — so much so that the law school is cutting admissions for next fall by 20%, from 125 down to 100, a move consistent with what other institutions are doing, Gaudio continued, adding that the simple laws of supply and demand dictate such action.
“At least for the short term, the need for lawyers is down, and the faculty here is taking a proactive stance on this,” he said. “We’re going to reduce the number of people we’re admitting, at least for now, and the reason is what’s happening on the demand side. Why should we put out lawyers who can’t get jobs?”
Similar reductions have come during other severe economic downturns, Gaudio told BusinessWest, citing the early ’80s and early ’90s as examples. The duration of these challenging periods varies, he went on, but this one will likely be longer than normal because of the severity of the economic turmoil and the decline in demand for a number of legal services, from real estate to business transactions to simple wills, which people are apparently content to put off until their economic situation improves.
Eventually, though, the job market will bounce back, said Gaudio, as the economy inevitably improves and, perhaps more importantly, the huge numbers of Baby Boom-age lawyers begin to retire in large numbers.
For this issue and its focus on law, BusinessWest talked with several members of the class of 2011. Most of these individuals have jobs with firms or attractive clerkships lined up, but collectively, they relate a story of a still-lackluster job market.

Offering Testimony
Those who donned caps and gowns for ceremonies at Springfield Symphony Hall on May 21 began their journey through law school in September 2008, or just as the bottom was falling out of the U.S. economy.
By then, the stock market, which was still above 12,000 in early June, was moving south of 9,000 and seemingly losing a few hundred points a day. Financial giants were either going under — Lehman Brothers, for example — or getting bailed out by the federal government, like AIG.
The Great Recession that ensued took its toll on virtually every sector of the economy, including the legal profession, as firms of all sizes responded to sharp reductions in real-estate, transactional, and corporate work by laying off staff, cutting salaries, and imposing formal and informal hiring freezes.
Matters were worst for the class of 2008, said Gaudio, noting that, by the time they’d passed the bar, the job market was in tatters. Things weren’t much better for those graduating in 2009, but there was some improvement for last year’s class, and the needle continues to move in the right direction, but in modest increments, and certainly not fast enough for many of this year’s class.
With no hard data on the class of 2011 coming for another eight months, Gaudio based his projections for the most recent graduates on the experiences of the class of 2010 and commentary from several sources, including the National Assoc. of Law Placement, that matters are slowly improving.
“Many of them [members of the class of 2010] were able get jobs, and the kinds of jobs they were looking to get, but there just weren’t as many as in the past,” he said, again speculating that this year’s graduates will fare slightly better.
But testimony from some of the fortunate ones would indicate that, while the market may well have improved, finding a good job takes persistence, a varied résumé, and a little luck as well.
Meggers took what in better economic times would be considered a typical route to his job at Halloran & Sage, which has a number of offices in Connecticut. He applied at the firm at the beginning of his second year, and earned one of three highly sought-after summer associate’s positions. A month after that 12-week assignment was over, he was offered permanent employment.
For most members of his class, it’s been a longer, harder search, and one that is likely just beginning. “I’d have to say that only a small percentage of people in my class have solid jobs right now, and many of those who do have jobs had to settle for something less than what they wanted.”
And this has left more than a few second-guessing their decision to go to law school, he continued, adding that many members of his class have large amounts of debt and earning potential (for the immediate future, anyway) that doesn’t justify the advanced degree.
Stevens had a similar assessment.
“Most people I know don’t have jobs and don’t know what they’re going to do when they pass the bar,” she told BusinessWest, adding that many are already looking for work outside the legal field. “Everyone’s fear is that loans are going to come due in the fall and no one’s going to be able to pay them.
“Everyone thought that, if you went to law school, you’d have job offers — and that changed very quickly over the last years,” she continued, adding that while most are not surprised by the sluggish job market, they are nonetheless disappointed. “It’s scary right now; there are just no jobs. And that made commencement somewhat bittersweet; people were happy to be done with law school, but in the back of their minds they’re wondering where they’re going to find something and when.”
Rob Preziosi is another of the fortunate few. He’s been accepted into the Army Judge Advocate General (JAG) Corps, and will be attending JAG School in Charlottsville, Va. perhaps as early as next February. But while his path is clear, most of his classmates are confronting question marks.
“Unfortunately, I know of plenty of smart, capable colleagues that simply have no prospects,” he said.
Robin Gallagher, who has secured a clerkship in the Federal District Court in Hartford and is quite content with that assignment, said that, in this tough job market, those faring well, or at least better, managed to diversify their experiences in law school.
“Those who participated in a number of areas, like Moot Court, Law Review, externships [as she did, in Federal Court in Springfield], and public-interest opportunities, are the same ones that are finding jobs,” said the South Windsor, Conn. resident. “Some people are disappointed with the job opportunities that are out there, but I’ve found that the people who took greatest advantage of the opportunities available in law school are the ones finding work now.”

Degree of Difficulty
For the longer term, the job prospects for recent law-school graduates will eventually improve, said Gaudio, noting that, while the recession may push back the retirement date for many Baby Boomers in the legal profession, members of that large constituency will ultimately move on.
“And we’ll need to replace those people,” he continued, putting himself in that category, having graduated from law school 44 years ago. “Eventually, I think there’s going to be considerable improvement on the demand side.”
For now, though, good jobs are at a relative premium, and for many members of the class of 2011 — those outside the ‘extremely fortunate’ category — it may be a while before they can put to use those skills they’ve acquired over the past three years.

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

Features
He’s Kept His Focus on Job Creation and Retention

Allan Blair

Allan Blair President of the Economic Development Council of Western Mass.


Allan Blair says his passion for photography started taking form just before his first son, Colin, was born in 1978.
“My wife was getting close with him, and I said to myself, ‘you better figure out how to take pictures,’” Blair recalled, adding that he bought a camera and managed to gain a degree of competence just as he was also becoming a father.
Over the years, he’s taken his hobby to a different level — and many different places — as the walls in his office attest. There are some framed photos from a trip several years ago to the town of St. Andrews in Scotland (the famous golf course, the world’s oldest, appears in the background in one of them), where Colin studied for a year. There are also a few scenes from Amsterdam, which Blair visited as part of a contingent from Western Mass. on one of the first international flights out of Bradley Airport in 2008 — a short-lived program, as it would turn out. And there’s an intriguing shot of an indoor mall in Melbourne taken while Blair was visiting his younger son, Justin, while he was studying in that Australian city.
“My wife, Sheila, has a better eye than I do,” he explained, “so she’ll often identify subjects or approaches to subjects that I don’t see, and I execute the photograph; it’s good teamwork.”
While some friends and colleagues are aware of Blair’s proficiency with a camera, most are more attuned to his efforts with regard to another form of big-picture developing. Indeed, as president of the Economic Development Council (EDC) of Western Mass., Blair is the individual most closely associated with the region’s overall economic health and well-being, and efforts to improve it.
This is a job that comes fully loaded with rewards, challenges, and expectations (many of them inherently unreasonable, he said, but more commentary on that later). It is also what Blair calls a complex, multi-faceted extension of his first real job, as a vocational counselor with the state Division of Employment Security, now known as the Division of Employment & Training, and subsequent work administering the Springfield chamber’s jobs program.
The common denominator, he said, is putting people to work, an assignment he finds both tremendously important and quite fulfilling.
“The one common thread that always stuck with me was that the importance of a job to a person’s feeling of worth is almost inestimable,” he explained. “Every person, no matter how down and out and destitute they might have been, wanted to be self-reliant; they wanted to be able to take care of their family.
“It’s somewhat ironic, the circuitous route I’ve taken,” he went on. “Being on the job-creation side, trying to provide the jobs or attract the jobs for people like those I worked with all those years ago, seems like closure, coming full-circle. Instead of working with individuals, I’m working with companies and regions and municipalities to create jobs and retain jobs.”
This task of putting people into employment situations has evolved considerably over the past 40 years, said Blair, speaking to his tenure in the broad realm of economic-development-related work. “It’s a different mindset; it’s not so much real-estate-based any more as it is business-to-business growth,” he explained, noting that in the past, much more emphasis has been placed on selling the region and recruiting companies here. “It’s a transition that’s been taking place over the past 30 years or so, and it has accelerated in the 21st century, where technology has been adopted to products and processes.”
And it has become much more difficult, he continued, as the cost of doing business in this region becomes an increasingly negative factor, as the regional and national economy moves increasingly away from manufacturing, and, perhaps most important, as the gap widens between the skills necessary for today’s technology-centered jobs and the skills most area residents possess.
The size of this gap became readily, and disturbingly, apparent with the deep economic downturn that started more than three years ago, said Blair, and it now looms as the biggest challenge for the region moving forward.
“In all my career, I’ve never seen such a dislocation between the skill preparation of the worker and the skill requirements of the new jobs,” he said. “There are going to be some who can make the transition and retool, and there are going to be many who can’t.”
For this, the latest in the ongoing series called Profiles in Business, Blair talked at length about this gap and the challenges it presents, as well as the many ways in which economic-development work has changed over the years.

Definitive Answers
When asked for his working definition of the phrase economic development, Blair gave a slight smile and a nod that indicated he’s been asked that question quite often over his career, and had a well-thought-out answer.
“I’ve given my definition of economic development to different groups over the years, and the more experienced I get, the more that definition morphs a little bit,” he explained. “Economic development, as I see it, is creating increasing investment in our region — and, ultimately, a city or town — that generates increased tax revenue to the municipality and the state and creates jobs; that’s my simple definition.
“But if I were to expand it, I would say that it is really also community development,” he continued, “because in order to have an environment that is conductive to those investments being made, you need to have a municipality as a host that can provide adequate services to the company and municipalities where the workers live that provide good school systems, public safety, and neighborhoods to keep those employees in our market. I see it as two sides of the same coin; the growth in taxes for any city or town enables that community to improve and increase the level of service it provides to both companies and residents, and as a result we all benefit, if it all works.”
Blair has been honing this definition since not long after he graduated from UMass Amherst and took that job with the Division of Employment Security, one that made a lasting impression and, in many ways, set a tone for his life’s work.
“That job with DES probably had one of the biggest influences on my future career and my perspective,” he told BusinessWest. “I was responsible for dealing with unemployed teenagers and trying to help them determine some sort of vocational choice, and often it meant referring them to the [chamber’s] jobs center, where in those days they got a stipend to go to school and either earn a GED or learn a trade.
“Over the years, as I’ve experienced the downsizing of our manufacturing sector and the big job losses at the Van Norman plant, American Bosch, and the Armory, those good-paying jobs that were family-supporting jobs were lost,” he continued, “and I never forgot the lessons I learned in those first four years after I was out of college about the importance of work.”
From his work with the chamber’s jobs center, Blair went on to become the organization’s vice president of administration and finance, a post that involved considerable legislative work. He eventually became executive vice president, and left in 1984 to become president of Westover Metropolitan Development Corp., which manages several industrial parks on land that was once part of Westover Air Force Base.
In 1993, he added the title of president of Westmass Area Development Corp. after that entity, which developed a number of industrial parks first in Springfield and then other cities and towns, successfully emerged from Chapter 11 bankruptcy. And in 1996, Blair became the first president of the EDC, an umbrella agency that includes a number of economic-development groups, including Westover, Westmass, the Greater Springfield Convention and Visitors Bureau, and other organizations.
In the mid-’90s, while doing all this, Blair took on another challenge, or detour, as he called it — earning his juris doctor from Western New England College School of Law. The four-and-a-half-year odyssey of night school was a learning experience on a number of levels, he told BusinessWest, adding that his pursuit of a law degree posed some challenges and taxed his schedule, while also providing him with career flexibility and, ultimately, some acquired analytical skills for his chosen day job.
“Just as I finished, and I got notification that I’d passed the bar, was when the EDC was created,” he explained. “I had to make a choice between a law career and this career, and I chose this. But the experience in law school provided a unique framework for looking at things, and in the world I’m in, with a lot of real-estate work, there were immediate applications for what I was learning at night.
“I found it to be really exciting and interesting,” he continued. “That may sound crazy to people who went to law school right out of college and probably hated the experience, but as a mid-lifer doing it with all my life experiences to date, it was really interesting to see how it all fit together.”
He credits his family with helping him to manage what was an even more complicated process of balancing life and work, and providing needed inspiration. “I wasn’t around much in those days, but I used to make it home for dinner, even on law-school nights, just to look my kids in the eye and give my wife a kiss on the cheek and say, ‘I’m still around, and don’t forget it,’” he said. “There were many nights when my kids and I were studying in the same room together, and that was pretty neat; Colin graduated from high school the same year I got through the bar, so that was a major celebration.”
It was a capped off with a trip to Wimbledon, where the tennis-loving Blair family took in a few matches — and Allan took several hundred pictures.

Moving Experiences
There have been some celebrations in his professional life, as well.
Indeed, Blair listed off a number of accomplishments from his career, including the broad category of industrial-park development, or creation of those neighborhoods that sparked the kinds of investments he spoke of. Such parks have been created in Chicopee at Westover, and also Agawam, East Longmeadow, Westfield, and other communities, resulting in the creation or retention of thousands of jobs.
Individual success stories include the recruitment of Emery Air Freight to Westover in the mid-’80s early in his career (another short-lived triumph, as major players FedEx and UPS soon dominated the market); bringing Sundor Brands, later to be acquired by Procter & Gamble, to Airpark West; attracting C&S Grocers to the north side of Westfield, where it built a massive freezer warehouse, in the mid-’90s; and the improbable rescue of Westmass from bankruptcy.
“In 1991, when they filed, I got involved with a number of people in the effort to salvage their properties and holdings because of my belief in having these neighborhoods available for expansion,” Blair told BusinessWest. “This was the first not-for-profit bankruptcy in Massachusetts that was successful, and it took a lot of hard work and imagination to make it happen.”
In recent years, the major economic-development triumphs have been fewer, different in nature, and more difficult to quantify and qualify, said Blair, adding that the recession has taken a hard toll on development efforts in this region and many others. Meanwhile, much of the workload for groups like the EDC has evolved and diversified over the years, becoming less real-estate focused. This is a process that really began in the ’70s, he explained.
“The source of jobs today is very different from when I started with Westover in the early ’80s, or even when I was with the chamber in the ’70s, when we were relying upon a number of very large employers, particularly in manufacturing, but also in financial services,” he told BusinessWest. “And most of those companies grew here — they developed out of someone’s garage into these great things or they fell from the Armory as intellectual property that propagated around the region and grew. Almost none of them moved into Western Mass.; they grew in here.
“The job-creation strategy in those days was to attract another big manufacturer that wanted to be around this big nest of companies, but even then, the growth was incremental,” he continued. “The difference today is that, while we’re still going to try to attract that prospect that’s looking around the country or the Northeast — we still need to have that flag out and about in front of those decision makers — most of our growth is going to come from small businesses, and with them, growth is in fives, 10s, and 20s at a time.”
And to accomplish growth of this nature, the region needs to have a different infrastructure in place than the one that has existed in recent decades — one that nurtures entrepreneurship and innovation, he explained, adding that, ironically, the region grew into a manufacturing mecca more a century ago because of such an environment.
“Most all of the big companies we have today — and that list includes MassMutual, Smith & Wesson, Big Y, the hospitals, and the colleges — and the plethora of smaller companies all started when someone had a good idea and took a risk,” he continued. “Today, we’re spending a lot of our time working on making sure that we have a robust infrastructure that supports new-business formation, provides ample capital for growth, and has plenty of mentorship and interactive opportunities for people to nurture their good ideas, because that’s where our future is.
“We’ve turned a lot of attention to the process of understanding it, figuring out what can enhance it, and then trying to put these things in place with partners who have more interest or more resources to bear,” he went on. “The problems of small businesses are different, and we need an infrastructure that can address them.”

Getting the Picture
Accompanying these changes in overall philosophy with regard to economic development have been several factors — many of them beyond the control of leaders in this region — that have made the tasks of job creation and retention much more difficult, said Blair as he addressed the subject of expectations regarding the EDC, and how he believes many of them are not realistic.
The biggest of these factors is the recession, which is over from the textbook-definition standpoint only, he said, adding that the prolonged downturn has created stagnancy and quiet — in both a literal and figurative sense — unlike anything he’s witnessed in his lengthy career.
“The phone literally stopped ringing for almost three years,” he explained. “Those phone calls from brokers, site selectors, and real-estate people inquiring about opportunities to invest in the region just stopped. And with growth literally halting and corresponding layoffs and contractions happening, the ranks of the unemployed grew exponentially. And probably the most compelling comment on this period as we look back on it is going to be that the rebound that’s coming is going to be more of a jobless recovery than anyone anticipated.
“It’s not just that the number of jobs may be down,” he continued, “but that the new jobs created will be very different from the skill sets of the people who are unemployed.”
This sizable gap poses a dilemma for economic-development leaders, he went on, noting that it creates questions about whether the region should continue trying to attract knowledge-based jobs for which many residents are simply not qualified, as it has for several years now, or shift the focus to industries with lower-skilled jobs, such as distribution.
“And this has implications for everything,” he told BusinessWest, “implications for marketing, land use — if you decide to go after more distribution than manufacturing, for example, the amount of land used is greater, so you’re chewing up that resource faster — and other factors. I don’t have the answer, but this has created a need for us to re-examine some of our strategies and targets.”
Another factor is the cost of doing business in this region, he said, adding that, despite the efforts of state and local officials to mitigate the overall impact, those numbers are more of an issue than ever before.
“By virtue of where we are in the world, those costs are higher than in lots of other places,” Blair explained. “In the ’50s, ‘60s, and ‘70s, it wasn’t that far out of whack with the rest of the country, and it didn’t matter anyway because the products were being produced here and companies wanted to stay.
“Today, if we as a state are not nurturing businesses that are producing high-value products that can absorb the underlying costs of doing business, we’re going to lose the manufacturing that we currently have,” he continued. “And the only way for companies to create those products is to be constantly innovating, finding that new thing, putting that new tweak on an existing product, designing a machine that makes something 10% cheaper so they can continue to stay on top and be unique and competitive.”
All this brings Blair to perhaps his most critical observation — that effective economic development requires more partnerships than ever before, with players that can assume key roles in creating an environment that fosters entrepreneurship and innovation and then provides the support network needed to help businesses get to the proverbial next level.
“The economic-development effort is much more of a partnership today than it ever was,” he said. “It always had to be, but there was a lot more room for lone rangers to go out there and make a deal, drag a company back, and put it in a building. Today, it’s such a complex decision-making exercise as to where a company locates that there has to be a broader circle of partners. That includes the planners, the municipal economic-development people, and higher education and other workforce-talent-development people, because that’s the biggest issue companies face.
“The circle of those of us involved in economic development, the collaborators, is much bigger today than ever before,” he continued. “And it has to continue to be flexible because of the sheer complexity involved. We’ve done a good job of responding to this change, this evolution, and we have to continue doing so, because if we don’t, we’re going to lose.”
While coping with all this change and evolution, Blair said he also has to deal with the high expectations for the EDC, a situation magnified by the recession and the critical need for jobs, especially in urban centers trying to reinvent themselves.
“When things are this difficult, people look to organizations like ours for solutions,” he explained. “They expect, because we have the leadership of our region involved, that we’re going to figure out some solutions and somehow put the resources there to make things happen. But those solutions are not easy to recognize.
“I’m sure that people are disappointed that we haven’t been able to create more jobs and attract more jobs to this region,” he continued. “I can say definitively that it’s not for lack of effort and it’s not for lack of trying to find a new, smarter, better way of doing what we do; things have just changed, and it’s going to take a while for us to get back in the game. And if misery loves company, we’re certainly not the only ones facing this.”

A Developing Story
Now 62, Blair told BusinessWest that, while he’s not fixated on the subject, thoughts of retirement and what it might be like enter his head every so often.
“At some point, you turn the corner,” he said, “and realize that you won’t be here for the next cycle of whatever it is you’ve been working on for years and years — someone else will be doing that.”
There will be several options if he decides to stay active professionally when that day comes, he continued, referring to his vast experience in real estate and other economic-development matters, not to mention that law degree he earned 15 years ago.
For now, though, he is focused on that career-long devotion to putting people into jobs and leading the region’s response to change in how that assignment is carried out. “I love what I do, and I’m still totally committed to working with our region for our economic growth and benefit.”
As the economic-development landscape continues to evolve, and recruitment of companies to Western Mass. absorbs less of his time, there will likely be fewer opportunities to add to that collection of photos in his office.
But then again, his attention has always been on the really big picture.

George O’Brien can be reached at [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.

HAMPDEN SUPERIOR COURT
Baystate Gas Co. v. Springfield Water and Sewer Commission
Allegation: Negligence in water-system maintenance causing damage to defendant’s gas pipe system: $105,729.73
Filed: 3/7/11

Cooper Excavating and Trucking Inc. v. the Concrete Kings
Allegation: Failure to pour a concrete floor suitable for supporting heavy equipment: $71,000
Filed: 3/18/11

Leonard Belcher Inc. v. Caldwell’s Corner, LLC and Robert A. Germinara
Allegation: Non-payment of goods sold and delivered: $25,808.45
Filed: 3/7/11

Melissa D. Williams v. Superior Mortgage Corp.
Allegation: Deceit pertaining to pre-approval mortgage certificate: $30,000
Filed: 3/15/11

Nicholas Katsoulis v. Spartan Brake and Muffler Shop
Allegation: Negligence causing a fire resulting in loss of business and damages to tenant on the property: $117,000
Filed: 3/17/11

Ronald and Brenda Tyson, as administrators of the estate of Richard Tyson v. the Yankee Candle Co. Inc. and Patrick J. Zak
Allegation: Injury in the workplace causing death: $1,047,000
Filed: 3/16/11

T.D. Bank v. Nick Cerio’s Kempo’s Karate
Allegation: Non-payment of three promissory notes: $45,054.49
Filed: 3/11/11

Westbank v. Sweeney Transportation Inc.
Allegation: Complaint for breach of contract and unjust enrichment: $47,399.36
Filed: 3/8/11

HAMPSHIRE SUPERIOR COURT
Beth Sjogren-Miller v. UMass Memorial Healthcare Inc.
Allegation: Breach of employment contract: $100,000
Filed: 4/29/11

Jessica Baceski v. Lia Honda of Northampton
Allegation: Employment discrimination: $25,000+
Filed: 4/20/11

HOLYOKE DISTRICT COURT
The Darcy Co. v. Miller Development Enterprise
Allegation: Non-payment for goods and services: $7,896.87
Filed: 2/25/11

NORTHAMPTON DISTRICT COURT
Patrick J. Melnick Jr. v. Tommy-Car Corp.
Allegation: Breach of warranty and failure to fix car clutch: $2,484.94
Filed: 5/5/11

SPRINGFIELD DISTRICT COURT
Citadel Broadcasting Co. v. the Cleaning Co.
Allegation: Non-payment of advertising services: $6,197.12
Filed: 3/18/11

Hardy Ansah v. Bucknell Transmission Inc.
Allegation: The defendant caused damage to the plaintiffs’ motor vehicle: $20,000
Filed: 3/15/11

Western Mass. Electric v. Hampden County Food and Beverage Corp.
Allegation: Non-payment of utility services: $11,997.66
Filed: 3/3/11

Opinion
The Importance of Summer Jobs

It is mid-May. The last of the area college commencement ceremonies are taking place, and the region’s high schools will be saluting the classes of 2011 in a few weeks. Classes are long over for a few thousand area college undergraduates, and all those high schools will soon be shutting things down for the summer.
Add all this up, and there are a great many young people across the four counties of Western Mass. who are already looking for work or soon will be. It is our hope that, despite a still sluggish economy, many of them will be able to find it.
We have long touted the importance of summer jobs to the overall economic health and vitality of the region, and in this day and age, they are perhaps more critical than ever, and for a number of reasons.
Most importantly, there will likely be more people looking for such positions, primarily because there are fewer permanent jobs for several constituencies, especially those college graduates. And there is also a need — perhaps greater than ever — to introduce young people to this region’s business community and the world of work.
For these reasons and many others, we hope that area businesses, through their own initiative or in concert with organizations like the Regional Employment Board of Hampden County, find the means, the courage, the confidence, or whatever you choose to call it to add a body or two for the summer months. No, the economy isn’t as strong as most would like it be or thought it would be by this time, but bringing on summer help is important to this region’s overall vitality.
Why? For starters, first jobs, or second jobs, as the case may be, do more than put a few dollars in someone’s pocket — although that is an important consideration as well. These jobs can and often do build character and provide lessons that simply can’t be learned in a classroom.
No matter how old one is, he or she almost always remembers their first job, their first boss, and lessons learned about being punctual, showing up on time because other people are depending on them, working as part of a team, and absorbing information about work and life from people who are a few years or several decades older.
Such experiences are priceless, and very often, they are quite enjoyable, whether they come at Six Flags (or Riverside Park, to the thousands of Baby Boom-generation members who worked there) operating a ride or a midway game, at Big Y bagging groceries, at Friendly’s making Jim Dandies and Fribbles, at Rocky’s Hardware loading bags of crabgrass killer into customers’ trunks, or at countless other area companies.
And while summer jobs are important for the young people who get them, they are equally important for the individual businesses that hire them and the region as a whole. That’s because one of the ways to keep young talent in the area is to introduce them to the companies that shape our business community. Meanwhile, it is critical that young individuals acquire the practical skills and people skills they will need to succeed in the modern workplace.
And there’s another important factor at play here. When young people are working and earning a paycheck, they are far less likely to be out on the streets and getting into trouble.
It would be very easy for companies large and small to say that there is just too much uncertainty with the economy to hire any additional help for the summer. It would also be easy for smaller ventures to say that just don’t have the time, patience, or inclination to bring on young people in need of training and direct supervision.
We hope such businesses look beyond what’s easy and do what in most cases is right for them and right for the region, and give a young person — or two, or three — a summer job.

Company Notebook Departments

Elms, STCC Offering Bachelor’s Degree Completion Program
CHICOPEE — Elms College and Springfield Technical Community College (STCC) recently announced a memorandum of understanding between the two institutions that will enable STCC graduates to complete their bachelor’s degree from Elms by taking courses on the STCC campus. The new program is now accepting applicants, and will begin in September. Initially, a bachelor of science degree will be offered in social work. The partnership honors the mission of each college to serve those in need. Through the initiative, Elms and STCC faculty will teach designated courses on the STCC campus, making it convenient for students and alumni of STCC as well as others from the community with associate’s degrees. Students with associate’s degrees will be able to substantially improve their employment and graduate-school opportunities in their chosen field in an accelerated time frame, completing their bachelor’s degree in 10 eight-week sessions, or 20 months. Under the degree-completion program, 120 credits will be needed for the degree, with a minimum of 42 Elms credits; all Elms core and program requirements must be met, and program models are based on students having at least 60 credits from their associate’s degree. Also, students can transfer in a maximum of 78 credits. Classes will be offered on Saturdays, and classes will be offered by major in a flexible cohort model of 20 to 25 students. STCC graduates who have earned an associate’s degree are eligible to apply to this program. Elms will provide a part-time program coordinator to facilitate academic advising, course registration, and orientation on the STCC campus. For more information, call (413) 265-2490 or e-mail [email protected].

Link to Libraries Receives Grant
EAST LONGMEADOW — The Rockville Bank Foundation has given a grant of $1,000 to Link to Libraries to help promote literacy and donate books to public elementary schools and nonprofit organizations in Western Mass., and also in Northern and Central Conn. The funds will be used to purchase new books and develop a read-aloud story hour for children at more than 40 of the sites. Laurie A. Rosner, senior vice president of marketing and administrative services for Rockville Bank, noted in a statement that the foundation is “proud to support the Link to Libraries program, which will enhance language and literacy skills of children of all cultural backgrounds and enable them to learn about the world through reading.” Rosner added that part of the foundation’s mission is “to make a positive difference in the lives of others.”

Organization Receives National Award
SPRINGFIELD — A 2010 Gold Standard Award has been received by Big Brothers Big Sisters of Hampden County by Big Brothers Big Sisters of America. The prestigious award, which will be presented at the Big Brothers Big Sisters of America national conference in Dallas in June, is given to the top agencies nationally in recognition of strong financial and programmatic growth and top-quality service delivery, according to Joel Morse, director of partnership development. The Springfield organization is one of 18 Big Brothers Big Sisters agencies to achieve Gold Standard status in 2010. The award letter to Beth Russell, executive director, notes that “meeting these standards means you and your agency have exhibited qualities that make your work among the top in the field.”

Yankee Mattress Factory Moves to Larger Space
SPRINGFIELD — Yankee Mattress Factory moved to a larger space in Haymarket Square in April, which will allow more space for growth, according to owner Joseph D. Noblit. Noblit noted in a statement that the move allowed the company to make some manufacturing adjustments for mattress-production innovations, as well as streamlined the process to keep offering a quality product at an affordable price. Noblit added that every mattress is assembled with “painstaking attention to detail,” and unlike big factories that make hundreds of mattresses each day, “Yankee Mattress can take the necessary time needed to make each mattress perfect.” Yankee Mattress offers “luxurious,” handcrafted sleep sets in ultra-plush, luxury-firm, and three levels of super-firm mattresses, according to Noblit. Noblit manages three locations: a manufacturing and retail store at 314 Springfield St. in Agawam, another at 104 Damon Road in Northampton, and the expanded store in Haymarket Square at 1704 Boston Road. For more information, visit www.yankeemattressfactory.com.

Bradley Receives Award for Snow Removal
WINDSOR LOCKS, CT — Acting State Transportation Commissioner James P. Redeker recently announced that Bradley International Airport has received the 2010-2011 Balchen/Post Award, an international honor presented to the snow crews of the airports in the Snow Belt. Bradley was competing against 60 airports throughout the world that were nominated for various awards at the recent 45th annual International Aviation Snow Symposium in Buffalo, N.Y. The Balchen/Post Award recognized the Bradley Team, comprised of airport operations and maintenance staff, for their dedicated efforts in maintaining the airport in safe and operational status during the past winter season. Bradley had previously won the award 28 years ago after the winter of 1982-83. Other Northeastern award-winning airports at the recent symposium were LaGuardia, Logan International, Niagara International, and Bangor International. Bradley is the second-largest airport in New England and serves an extensive geographic area, covering the entire Northeast, including New York and New Jersey.

Office Environments of N.E., BKM Merge

BOSTON and EAST HARTFORD — Office Environments of New England, LLC (OENE) and bkm Total Office (BKM), authorized Steelcase dealers, recently announced that they have combined to create a regional enterprise supporting workplace needs that will offer a broadened portfolio of products and services and expanded geographic coverage in New England. OENE has purchased substantially all of BKM’s assets. Each business will continue to operate under its individual name. By leveraging BKM’s and OENE’s combined resources and capabilities, the enterprise will provide customers with expanded audiovisual, architectural systems, floor covering and technology solutions, as well as the most comprehensive offering of contract furniture and services available in New England. “This is truly meaningful for our customers, who depend on us to help them create innovative and harder working spaces that inspire, foster collaboration, and optimize their real estate footprint,” said Robert Kelly, president of OENE. Don Griesdorn, chairman of BKM, has owned the company since 1977. He will be retiring and transitioning ownership. “I’ve had a long-standing vision of creating a stronger presence in the New England marketplace,” he said. “I’m excited to see that vision come to life as these two great organizations come together. I would like to extend my sincere thanks and gratitude to our loyal customers and dedicated employees.” Effective immediately, Larry Levine joins the company as president of BKM, with more than 25 years of contract furniture experience. Robert Kelly will continue to lead OENE as President. Orlando Corsi, CFO and COO of OENE, will expand his role across the entire enterprise. Dan Sabia, formerly BKM president, will assume a new role as executive business consultant.

40 Under 40 The Class of 2011
Vice President of Business Development, Webber and Grinnell Insurance Agency

Mat Geffin

Mat Geffin

Mat Geffin introduces himself to people wherever he goes. The reason? He loves Western Mass. and is investing his time, passion, and energy into making it a better place to live and work. His professional and volunteer efforts are intertwined, and he gives his all to both.
“I will do anything I can to improve Western Mass. as a whole. I just put myself out there and say yes to everything,” he said.
Although Geffin worked in neighboring states after college, he was happy to be hired by Webber and Grinnell, where his efforts have exceeded the firm’s expectations. Thanks to his work, the agency experienced 8% growth last year in its commercial department during a very challenging time.
Geffin’s strategy is to get people together, and he has initiated executive roundtables and educational seminars designed to help clients learn, grow, and improve their businesses.
This father of a 9-month-old has also worked to create jobs through his volunteer activities. “We lose a lot of young people because there are not enough desirable jobs here,” he said. “And that is at the root of everything I do; it’s about investing in Western Mass. to create systems and sustainable employment for young people.”
Geffin has been very active in Community Enterprises Inc. “I believe in this mission,” he said. “They create jobs and provide housing for people with a wide range of disabilities. We partnered with Walgreens to get jobs that pay more than $30,000.”
He is also involved with the Young Professional Society of Greater Springfield and Northampton Area Young Professionals, and sits on the Finance Committee of the Northampton Chamber of Commerce.
“I have worked really hard, but it’s so much fun,” he said. “I put myself in front of a lot of people to accomplish my goals, and I feel lucky. I believe so much in Western Mass., and everything I do is about improving it, promoting the value of what my company can bring people, and creating a great network in the professional and volunteer arena.”
— Kathleen Mitchell

Briefcase Departments

State Adds 3,200 Jobs
in March
BOSTON — The Executive Office of Labor and Workforce Development recently reported the total unemployment rate in March was 8%, down two tenths of a percentage point from the February rate. The rate remains below the national rate of 8.8% and is seven tenths of a percentage point less than the rate in March 2010. The preliminary March job estimates show 3.213 million jobs in Massachusetts, an increase of 3,200 jobs. The private sector added 4,400 jobs. The largest gain in employment occurred in leisure and hospitality, while construction had the largest growth rate. Job gains were also posted in professional, scientific and business services, information, manufacturing, and education and health services. Trade, transportation, and utilities; government; financial activities; and ‘other services’ lost jobs. The March job gain follows a revised 14,400-jobs gain in February, previously reported as a 15,400-job gain. Over-the-year, jobs are up 34,100 (+1.1%) with private-sector jobs up 38,600 (+1.4%). Jobs have now been added in each of the past six months. The three-month average seasonally adjusted total unemployment rate was 8.2% and the six-month average was 8.3%. Over-the-year, 31,100 more residents were employed, and 21,500 fewer residents unemployed. Trends for the labor force, unemployed residents, employed residents, the unemployment rate, and jobs continue to indicate improvement for the Commonwealth’s economy. The March estimates show 3,221,700 Massachusetts residents were employed and 281,800 were unemployed, for a total labor force of 3,503,500.  The labor force increased by 2,100 from 3,501,400 in February, as 8,400 more residents were employed and 6,300 fewer residents were unemployed over the month.

$1.5M Gift Establishes Research Center at PVLSI
SPRINGFIELD — The Pioneer Valley Life Sciences Institute, a scientific partnership involving UMass Amherst and Baystate Medical Center, has received $1.5 million from the Rays of Hope Walk Toward the Cure of Breast Cancer to establish a new center devoted to breast cancer research. The donation to create the Rays of Hope Center for Breast Cancer Research will be delivered over five years beginning this year, and is intended to broaden and expand the breast cancer research already taking place at PVLSI. With new technology now in use at the institute, researchers can generate, capture, and analyze data on a much larger scale, making it possible to integrate and coordinate the work of multiple investigators for greater and more rapid progress in answering research questions. “The naming of this center is yet another indication of the enduring legacy that Rays of Hope and all its participants have created in our community,” said Carol Baribeau, director of annual fund and events for the Baystate Health Foundation, in a statement. “On the basis of their own experience, our Rays of Hope walkers are creating hope for future generations by supporting research that could take us much closer to a cure for the disease.” Breast cancer affects one in eight women. A major research goal of the new center is examining links between obesity and breast cancer. It is believed that obesity and metabolic syndrome, a complex illness whose symptoms include obesity, hypertension, and early indications of diabetes, can increase breast cancer risk; given increasing obesity rates in the U.S., there is concern about an accompanying increase in breast cancer diagnoses. “We are just beginning to unlock clues as to whether obesity and breast cancer may be linked, and what those links could mean for prevention, diagnosis, and management of the disease,” added UMass Amherst faculty member Joseph Jerry, science director for PVLSI and co-director of the new center. “With this more robust support to our continuing research, we are provided significantly improved tools for answering important questions about the cellular and metabolic processes that cause lesions and tumors to develop.” One of the strengths of the new center will be its multidisciplinary approach, combining Baystate Medical Center’s resources and expertise in medical specialties such as oncology, endocrinology, and pathology with UMass Amherst’s strengths in polymer and other sciences and bio-epidemiology. Bringing these strengths under one roof allows researchers to approach the complex and intertwined biological processes behind diseases like obesity, diabetes and breast cancer in an integrated and disease-focused fashion, rather than breaking out individual pieces and causative factors and looking at them one by one.

Constellation Energy Partnering with Holyoke G&E
HOLYOKE — Holyoke Gas & Electric Department (HG&E) and Constellation Energy of Maryland recently announced the development of a new 4.5-megawatt solar installation that will generate electricity for the municipally owned utility’s 18,000 customers in Holyoke. The system, which is scheduled for commercial operation this summer, will be among the largest solar installations in New England and the largest in Western Mass. Constellation Energy will build, own, and maintain the system, and HG&E will purchase all of the electricity generated from the solar panels under a 20-year power purchase agreement at a fixed cost that is less than projected market rates. “HG&E is committed to continuing to provide our customers with cost-competitive and clean electricity,” said James M. Lavelle, manager, HG&E, in a statement. “HG&E currently offers its customers some of the lowest retail electric rates available in the Commonwealth and has a carbon footprint that is 25% of the average New England utility. Through this solar-power-purchase agreement with Constellation Energy, we are able to ensure affordability and price stability for our customers, and promote Holyoke as a more attractive location for new and existing industry, with no upfront capital expenditure.” HG&E’s solar power system will be comprised of 18,400 SolarWorld photovoltaic ground-mounted panels at two locations, and is expected to produce nearly 5.5 million kilowatt-hours of electricity each year. Generating the same amount of electricity using non-renewable sources would result in the release of 3,950 metric tons of carbon dioxide or the equivalent emissions from 755 passenger vehicles annually. “Large-scale solar generation is an attractive option for municipal utilities to manage volatile energy costs for their customers and meet renewable energy goals,” added Michael D. Smith, senior vice president of green initiatives for Constellation Energy’s retail business. “In states like Massachusetts with strong market-based incentive programs, Constellation can provide solar power to municipal utilities at a rate that is significantly less than electricity from other generation sources, which benefits both the environment and power customers’ bottom lines.” Constellation Energy, a Fortune 500 company, currently owns and operates approximately 60 megawatts of solar installations that have been completed or are under construction throughout the country. For more information, visit www.constellation.com.

State Workers’ Compensation Rate Saves Businesses $65M
BOSTON — The Patrick-Murray Administration’s vommissioner of Insurance Joseph G. Murphy has signed an agreement that holds workers’ compensation rates at current levels, saving businesses $65 million in proposed increases. The agreement between the Workers’ Compensation Rating and Inspecting Bureau (WCRIB), the Division of Insurance’s State Rating Bureau, and the attorney general’s Office holds rates at current levels until at least September 2012. The WCRIB had originally asked for an overall 6.6% increase. “Our goal at the Division of Insurance is to make sure that these rates are fair, they protect workers, and that they do not overly burden employers,” said Commissioner Murphy in a statement. “This agreement does all of those things.” Last year, an agreement with WCRIB cut overall rates 2.4%, instead of increasing them 4.5% as originally requested. That agreement also saved approximately $65 million in annual workers’ compensation insurance premiums. Traditionally, WCRIB files rate proposals every two years, but last year’s agreement included a required filing in the next year. Holding down workers’ compensation rates complements other efforts by the Patrick-Murray Administration to bring down insurance costs. The administration’s work to contain health insurance costs saved small businesses and working families $106 million in the last year. The three-year-old reform of auto insurance has delivered hundreds of millions of dollars in savings to drivers across the Commonwealth.

MMWEC: Connecticut Energy Tax “Unfair Burden”
LUDLOW — A proposed Connecticut tax on electric generation is “at the very least unfair” because it would cost Massachusetts consumers more than $9 million a year while Connecticut consumers pay nothing, according to the Mass. Municipal Wholesale Electric Company (MMWEC), which owns 4.8% of Millstone Unit 3, a nuclear power plant in Connecticut. Proponents of the tax, which is being proposed to address a Connecticut budget shortfall, say that the tax will not be passed on to Connecticut consumers by the electricity generators required to pay it. The proposed tax, which is working its way through the Connecticut General Assembly, would tax nuclear generation from Millstone at 2 cents/kilowatt hour, raising about $330 million a year in tax revenue for Connecticut from Millstone. Other proposed taxes on power plants that use oil and coal would raise about $10 million a year.  MMWEC resells its share of electricity from Millstone Unit 3 at cost to 27 Massachusetts municipal utilities. Those 27 utilities provide electricity to approximately 265,000 customers in Massachusetts. Based on the electric output of Millstone Unit 3 and MMWEC’s ownership share of that output, the proposed tax on Millstone generation would cost MMWEC, its Millstone project participants and their consumers approximately $9.3 million a year, according to David Tuohey, director of communications and external affairs at MMWEC. Because MMWEC and its municipal utilities are nonprofit, public entities with no profits to absorb the tax, the Connecticut tax would be a direct pass-through to consumers, Tuohey said.

Howdy Award Finalists Named
SPRINGFIELD — More than 40 individuals from across the Pioneer Valley are finalists for the 2011 Howdy Awards for Hospitality Excellence, sponsored by the Greater Springfield Convention and Visitors Bureau (GSCVB). The finalists were recently honored at a reception to recognize front-line employees in the hospitality industry for providing outstanding service to their guests and customers. The finalists, who represent a variety of businesses, organizations and activities from throughout Hampden, Hampshire and Franklin counties, now move up to the next level of competition — judging by a group of recognized industry professionals from outside the region. The winners will then be announced and honored at a gala dinner and awards presentation on May 10 at the Log Cabin Banquet & Meeting House in Holyoke. A Spotlight Award, which recognizes individuals or organizations that have made a significant contribution to the tourism industry in the Pioneer Valley, will also be presented that evening. Tickets to the gala are $65 per person, and $625 for a table of 10. For more information, call the GSCVB at (413) 755-1345. The GSCVB, an affiliate of the Economic Development Council of Western MA, is a private, nonprofit destination marketing organization dedicated to promoting the Pioneer Valley for meetings and conventions, group tours and leisure travel. For more information, visit www.valleyvisitor.com.

Employment Sections
Employment Board’s Strategic Plan Identifies Challenges, Game Plans

Bill Ward of the REB

Bill Ward says that one of the goals of REB’s new plan is to have the organization become known as the leading source of regional labor market information and innovative ideas.


The days when a college degree or training certificate combined with years of experience were enough to ensure job security and a steady path toward advancement have all but disappeared.
Today, rapid advances in technology and outsourcing have made job competition fierce. In fact, one of the key findings in the recently released Regional Employment Board of Hampden County Strategic Workforce Development Plan for Hampden County 2011-2013 is that life-long learning is essential to job creation, retention, and the economic health of the region.
The report, which took nine months to produce and involved partnerships, collaborations, a retreat, and data compiled over a six-year period, paints a clear picture of the state of the region’s economy, workforce trends, challenges, and opportunities for growth.
REB Executive Director William Ward says the plan also creates a framework for solutions to the identified challenges and covers a broad continuum, which begins at the pre-school level and runs into the future, addressing gaps that local businesses anticipate over the next decade.
“The REB is embarking upon a new and more expansive strategic direction, and we’re looking at workforce development in a more comprehensive way, because we want to build a more prosperous community,” Ward explained. “One of the essential components of a high quality of life is safe, secure employment with adequate pay.”
Meanwhile, he continued, there is a direct relationship between the number of people with the requisite skills to fill open positions and the strength of the economy in Western Mass.
“When a company inquires about moving to a new location, one of its top three questions is, ‘what is your workforce like?’ he told BusinessWest, adding, “people call it ‘talent management.’ So, the REB looks at jobs and their connection to human capital and views it in terms of supply and demand. We ask what employers are looking for and then look to see whether we are producing sufficient numbers of people to meet their needs, or overproducing them.”
Ward said many jobs have moved to Boston, which has an economy based largely on higher education, health care, and financial services, due to the abundance of qualified talent there.
REP staffers Kelly Aiken and David Cruise

REP staffers Kelly Aiken and David Cruise are focusing on training in health care and precision manufacturing, respectively, to meet the needs of businesses today and in the future.

Still, health care is the largest employer in Western Mass., and the area boasts a large number of precision manufacturing companies not found in the Boston region, he said. These two sectors play prominently in the report, along with the need for more education for people along the continuum.
Ward said that last year, more than 20,000 area residents sought employment assistance at the REB’s one-stop career centers in Springfield and Holyoke (FutureWorks and Career Point, respectively), but fewer than half were able to secure jobs. At the same time, many good-paying positions went unfilled, especially in health care, precision manufacturing, human services, and financial services. The reason? A lack of qualified candidates.
Kelly Aiken, the REB’s project director of Health Care Initiatives, said it’s critical that the curriculum at local schools and training centers is in line with both the needs of industry and job seekers. “Education doesn’t move as fast as industry, so we had to figure out a way to ensure a continuum for learners and career pathways. These are main threads that run through the report,” she said.
The REB doesn’t train people, but it is the “go-to place” for companies to find out how they can find qualified workers or obtain grants or other assistance to help them train their workforce or hire new people,” said Ward, adding that the organization uses federal dollars to set up training programs and facilitates the infrastructure between education and local companies.
“This is a business-led organization, and our role is to ensure that state and federal investments in workforce development are wisely spent and have a good return on investment,” he continued. “The REB’s new strategic plan is data driven and we aim to be the leading source of regional labor market information and innovative ideas for advancing workforce development.”
The REB develops, plans, and contracts with providers to hold workshops for people in the job market through its one-stop career centers, and also community colleges and training schools. It also works hand-in-hand with businesses to create internships and increase work-based learning opportunities that align closely with the needs of industry.
“The jobs that have left this region are not coming back,” Ward explained. “And if new jobs emerge, people will need new skills, so workforce training is integral to our mission.”

Learning Curves
Springfeld and Holyoke have been earmarked as Gateway Cities with high levels of poverty and comparatively high dropout rates within their school districts, and those figures play a significant role in the REB’s report.
Ward said recent research shows that 74% of students who don’t read well in third grade will continue to have difficulty, which can lead to dropping out of school and lost opportunities. And local MCAS scores show gaps in the areas of reading, science, and technology — areas directly related to the types of jobs that will be available to graduates in the future. The picture doesn’t get better at the community college level, where one of every three students drops out because their schooling is too costly or they need too much remediation.
“Although Massachusetts ranks number-one in public education and the use of technology, the problem is that we have pockets and gaps within the community with very low achievement,” Ward explained. “Springfield and Holyoke are two of those pockets, so we need to make an above-average investment to close the educational skill gap. That’s why a strategic plan for our area is very different than one for Boston or Cambridge would be.”
The REB has several initiatives in place to expand family literacy. One is a pilot program called “Talk, Read, Succeed,” which is a collaboration between Springfield Public Schools, the United Way, Springfield Housing Authority, and the Irene E. and George A. Davis Foundation. The goal of this early-literacy project is to help ensure that children from 200 families in two Springfield public housing developments are proficient readers by the end of third grade.
Ward said studies show that the vocabulary of first-grade students is directly related to their environment. Children from poor neighborhoods and homes are deficient in this area, and once they start school, they usually experience learning setbacks every summer.
The staff members in “Talk, Read, Succeed” will work with families to help them increase their children’s vocabularies, and will also provide programs to help improve the odds that students will retain what they learned in school. In addition to helping children, “we’re also going to set up literacy programs for parents who want to learn English or get a GED,” Ward said.
The Hasbro Summer Learning Initiative is another program with a similar goal. In its third year, it serves about 2,000 children up to age 12 during the summer. Ward said the data is very clear that students in the program are making gains every summer instead of losing what they learned.

Making Connections
The new workforce plan also reinforces the REB’s commitment to partnerships. Ward said government cannot pay the entire bill for ongoing education, and that local businesses need to make investments in workforce development to remain competitive.
“They need to see it as an investment, not as a cost. Although we focus on adults, youth is the pipeline of the future and that begins at the pre-kindergarten level and goes up to age 21,” he explained. “We have to find ways to prepare our youth, stem the dropout rate and increase the graduation rate. It’s not simple, but we need to manage our human capital because it is the only way to ensure that the supply will meet the demand.”
Precision manufacturing is one of the areas targeted in the new plan, and David Cruise, director of Business and Employer Services, has been working with the Western Mass. Chapter of the National Tooling and Machining Assoc. (WMNTMA) to make gains in this arena using data collected from 33 local employers over a period of six years.
Last year these employers added 103 new jobs, which represents a 8.6% increase over the previous year. In addition, their sales increased 9.5% over the previous year to about $21 million.
“The sector is growing, and the REB has targeted it as having significant long-term potential for the area,” Cruise said. “The work they are doing is not going offshore, so we are trying to have the Pioneer Valley become ‘Precision Valley.’ We have companies here with the technology, leadership, and the skilled workforce to become what can be known as a precision manufacturing hot spot.”
WMNTMA and REB have joined forces, and are offering 34 evening courses for incumbent workers. They are also working diligently to encourage junior high school students and even elementary school students to to consider manufacturing — a sector that that has taken some public relations hits over the years as plants have shut down and jobs have moved overseas — as a viable career option.
In addition, local employers are donating equipment to schools, staging workshops and conducting tours of their facilities to showcase the types of jobs and environments they offer, and attract young people.
“The continuum is important, so we have put together a training network that utilizes the resources at several local companies along with local vocational technical high schools and Springfield Technical Community College, which is a major venue because it has a mechanical engineering technology program,” Cruise said. “Incumbent employees are volunteering for this training, and classes are held at these sites four nights a week.”
The new workplace plan also recognizes the industry’s concerns over its graying workforce.  “The owners of precision machining companies are very concerned about how they will replace those individuals. They expect to lose 25% to 27% of their employees over the next decade,” Cruise said.
Health care is also a major focal point of the new strategic report. “The plan highlights the fact that we are actively engaged in convening and building partnerships to ensure the region has a quality health care workforce,” Aiken said, adding that there is a major focus on jobs in elder care that will open up due to the fact that Baby Boomers are aging.
In fact, the face of the medical field is changing, and Aiken said health care workers of the future will need to plan to work in long-term care, home health, and community based venues instead of setting their sights only on acute care facilities or hospitals.
“It is our job to consistently stay in front of industry needs, which we do through partnerships, data collection, changing curriculums, and matching people with jobs,” she told BusinessWest. “One of the key themes of the strategic plan is how to do a better job defining and promoting seamless career pathways. Health care is changing dramatically, and it is a challenge to marry sector initiatives with federal funds to build a system that will support people on their continuous lifelong journey.”
In short, cooperation and investment in education is critical, and strategic workforce collaborations are more important than ever before.

The Bottom Line
Officials at the REB recognize that their goals are ambitious, but they plan to measure their progress, and are guardedly optimistic about the future.
“What is new about our sector initiatives is the realization that people need to learn outside of their silos,” Aiken explained. “Ongoing, sustained partnerships are required to ensure that we are always ahead of the game.”
Ward agreed. “The report is a call to action,” he said. “Everyone in the community needs to work more closely so the size and preparedness of our current and future workforce will make us more competitive as a region.”

Employment Sections
Presenteeism Is a Growing Workplace Challenge

Bob Oldenberg

Bob Oldenberg says that in an era of two-income households, parents are bringing more stress and anxiety with them to the workplace.

Everyone knows what absenteeism is — staying home from work due to sickness or some other reason. Not everyone has heard of its counterpart, presenteeism — but anyone can understand the concept, which is basically coming to work but being too sick, distracted by personal issues, or just plain disinterested to get much done. It’s a major cost to employers — and a growing problem, as technology provides new ways to waste time on the job. While it’s impossible to eliminate presenteeism entirely, some human-resources experts say effective communication between management and workers can reduce its impact.

Virtually everyone has shown up at work under the weather, with nagging allergies, a nasty cold, or a more serious chronic condition.
Or they’ve spent the workday anxiously fretting over their failing marriage, their kids’ failing grades, or their parents’ failing health.
Or they’re just, well, failing to get anything done, arriving at the office more in the mood to post on Facebook and text their friends than earn the money they’re being paid.
All of these situations fall under the umbrella of presenteeism, which is a term not everyone has heard, yet is a concept anyone can understand.
Originally, presenteeism signified the opposite of absenteeism, explained Sandy Reynolds, executive vice president of the Employer’s Resource Group at Associated Industries of Massachusetts (AIM). “It meant somebody who came to work when they were sick because they wouldn’t get paid at home. And there is a cost to having people come to work when they’re sick, in terms of reduced productivity.
“Over time,” she continued, “in the business community, the definition has been expanded to people who are at work who are either not well or distracted by child-care issues, elder-care issues, marital problems, discipline issues with their kids — in general, people who are coming to work but are not fully productive because of some health-related or family-related issue.”
And for employers, it’s a monumentally costly issue. According to the Society for Human Resources Management, absenteeism costs U.S. companies $118 billion annually in medical expenses and lost productivity. But presenteeism — stemming from illness, stress, family and personal issues, and what the society calls an “entitlement mentality” — costs companies an estimated $180 million.
Other estimates are even higher, and most studies admit that it’s not an easy number to pin down. And it’s not a problem that can ever be totally eradicated — as long as human beings, and not machines, are doing the work.
“Many times in the traditional work world, things are happening in our lives that are out of our control,” said Patricia Guenette, vice president of Human Resources for Square One, the Springfield-based early-education provider. “They could be marital issues, financial issues, educational issues — a variety of things can happen in everyday life, regardless of your status.”
If this broader definition of presenteeism is a relatively new concept, that’s partly due to the fact that today’s professionals bring more personal baggage with them to work because no one’s at home to focus on these issues.
“In very many families, both parents are working,” said Bob Oldenburg, director of the Baystate Employee Assistance Program in Springfield, a department of Baystate Health.
“If you look back a generation ago, you typically had a working father and a mom at home, which freed up the dad to focus on work,” he continued. “Those days are long gone; even in intact families, quite often both people are breadwinners in order maintain a certain standard of living, and that creates pressure because neither may be available to deal with what’s going on at home.”
Reynolds, Guenette, and Oldenburg were among the panelists at a recent seminar on presenteeism sponsored by AIM and the Economic Development Council of Western Mass. They spoke to BusinessWest about reasons employers need to hear such a discussion, and what they can do to help workers who are struggling to balance work and life — and often falling short in both realms.

Present and Unaccounted For
Presenteeism is a fairly new concept, Oldenburg said.
“It was developed over the past 15 to 20 years or so, and while the term can sound pejorative, I think it’s important to point out that there’s a variety of demographic trends driving this issue. All of us can identify a time when we fell into the category of being at work but not being as efficient or productive as we could be.”
Indeed, the reasons for a notable uptick in presenteeism — and corresponding loss of productivity — are many, but most reflect changes in the modern workplace. They include:
• Two-income households and more working mothers. As Oldenburg noted, the past 40 years have seen a dramatic demographic shift in how families divide work and home duties. Where the 1950s model saw a working father and a mother holding down the home front and its attendant child-care duties, the modern family is more-often characterized by two incomes, or, in many cases, working single mothers.
This means that, when a child is too sick to go to school, or other household issues arise, one parent’s workday is often disrupted.
“One thing I urge employees to do is be better-prepared to deal with unexpected circumstances and have back-up plans for when a child suddenly becomes ill or a child needs to be picked up from school,” Guenette said.
If someone doesn’t have child-care plans they feel comfortable with, she added, “often their mental status isn’t there at all; while at work they’re thinking about the care of their child — is the child getting nurtured? Is the child eating? All those things reduce their level of productivity at work. If they had an appropriate backup plan, it’s an easier transition, and then they can really focus on going to work and giving it their all.”
On the flip side, many parents use their limited sick days to stay home when their children are home from school with an illness, and consequently don’t have any when they’re sick themselves — which risks the spread of illness throughout the office, thereby compounding the effects of presenteeism in its classic form.
• The ‘sandwich generation.’ This is a term that descibes people who are both raising children and providing some level of care to their elderly parents — while, in many cases, holding down full-time jobs. Needless to say, the distractions from the home front can mount quickly, Oldenburg noted.
“That’s a really new concept, the reality that we have a generation of people at work dealing with issues at both ends of the spectrum,” he said. “These pressures are pushing on people who are trying to work while meeting the challenges from two generations, above and below.”
• The ‘knowledge economy.’ “Before,” Oldenburg said, “many workplaces just needed your arms and legs; if you put the widget in the right place and didn’t stick your arm in the machine, that was fine. People were needed for what they could do, not their hearts and minds.”
But today, he continued, “the economy has moved in a direction where workplaces, in order to be most effective, need not only your arms and legs, but hearts and minds. That kind of engagement requires a higher level of attention and ‘presentness,’ if you will.” And that can magnify everyday distractions to the point of seriously hindering productivity.
At the same time, he said, the global economy has forced many companies to scale back and require greater productivity from each employee — making each distracted worker more of a liability to the business than he or she used to be.
• The rise of the Internet. A 1999 study sponsored by the Employers Health Coalition calculated that lost productivity from presenteeism is 7.5 times greater than that from absenteeism. That statistic has only risen since then, as the Internet — not to mention texting and other high-tech communications — has become a much more ubiquitous use of office time, and not just for work-related duties.
“It’s so much easier today to look busy because so much work is done on the computer, and unless you have all the computers facing your doorway, it’s a huge problem for employers,” Reynolds said. “Employees spend an unbelievable amount of time surfing the Web. It’s a lot easier to look busy when you’re not doing the work you’re supposed to be doing.”
• Everything else. It was easier to gauge the extent of presenteeism when it simply meant coming to work sick, but including every other distraction in the definition makes it tougher for employers to get their arms around.
“Whether it’s asthma, allergies, or chronic conditions, people might be at their desks but not productive because of how they’re feeling physically,” Oldenburg said. “But it’s more than that: anything that’s going on that keeps people from being active and engaged at work — including interpersonal or relational issues — may drive presenteeism.”

Human Resources
In the face of what must seem like overwhelming amounts of wasted time, many employers are asking what they can do to reverse the trend toward presenteeism. Equally important, Reynolds said, is what they should not do.
“Any time an employee is at work and is not able or willing to give 100% effort, it’s a problem for the employer,” she conceded. “But they can’t solve people’s personal issues. While they should give people information about resources available to them, and encourage them to take advantage of those resources, if they try to solve their problems, it’s a disaster.”
That said, any personal distraction is an issue for employers who are paying for time focused on the job.
“Ultimately the jobs have to be done,” Reynolds said. “Don’t be oblivious to what’s going on in the company, but be realistic about what you can provide and the ultimate reason the company is there and the employee is there. The best employers are not heartless; they care very much, but they realize they don’t have a magic pill, and they can’t solve everyone’s problems.”
So what can they do? She and others pointed to employee-assistance programs (like Oldenburg’s in the Baystate system) and other human-resources outreach efforts that can link employees with outside resources to help them deal with personal, financial, or family matters.
“There’s no way to eliminate presenteeism 100%, but you can diminish it greatly using a variety of different resources,” Guenette said. “Having resources to help in those difficult circumstances, and somebody to turn to on a consistent basis, is usually a big help for employees.”
Part and parcel of the employee-assistance process, Oldenburg said, is understanding the needs of the company’s workers.
“Because Baystate is a health care organization and we are a woman-dominated workplace demographically,” he explained, “in addressing presenteeism, Baystate wants to look at the kinds of issues showing up primarily for women. The goal is knowing what kinds of challenges are facing your workforce and the variety of ways you can get at that.”
Square One’s Guenette agreed. “You really need to know the demographics of your workplace, and understand the needs of your employees, to be able to respond to those needs,” she said. “If the workplace is mainly from the Baby Boom generation, their needs will be different than an organization where most employees are females and in their childbearing years.”
Another key factor, Oldenburg said, is knowing the difference between employee satisfaction and employment engagement. His organization and others are starting to move toward surveying workers on both.
“It’s management’s responsibility to know what’s going on when productivity or performance is suffering. It’s an issue,” Reynolds said. “It’s all about whether an employee is engaged and willing to give effort toward their job.
“You may have an employee who’s very satisfied; he likes the company and is paid adequately,” she added. “Yet, he may not be very engaged at all in the work he should be doing. I think that was an eye-opener to some people in the room” at last month’s seminar.
Guenette said good employers understand, for example, why parents (especially first-timers) will fret over leaving their child in the care of someone new, which is why it’s important that a working mother or father plan ahead for such contingencies. But, in the same way, employers can plan ahead too, by understanding the unique personal needs of their workforce.
“The sooner you begin to identify and address these issues, the better it’s going to go for the organization and the employee,” Oldenburg explained, adding that employers can also model good wellness habits — healthy snacks in vending machines, posted signs about handwashing and infection control — that cut down on the number of employees who come to work sick.
Meanwhile, he added, “there are many ways in which supervisors and managers can check in with employees and identify when there might be an issue, and point people in the right direction.”
Guenette agreed that communication is key.
“Our workforce knows they’re valued, and as an employer, you want to work with them to handle their issues,” she said. “When you give them opportunities and resources to choose from, it makes the whole situation much better for them, and for us as an employer.”
Meaning that life goes on — but the work gets done.

Joseph Bednar can be reached at [email protected]

Opinion
Assessing the Job at Hand

The trends and statistics that form the basis of the Regional Employment Board of Hampden County’s latest strategic initiative are not exactly recent phenomena, and together, they would hardly be considered a news flash.
But they are still eye-opening, and comprise a significant challenge for this region moving forward.
Summing up what the report’s authors have noted, or recorded, there remains a significant gap in this region between what many employers are seeking in terms of requisite abilities and skill sets from their workers, and what is apparently available in the region’s workforce as currently comprised. This sobering realization can be drawn from the fact that we still have a rather high unemployment rate in Western Mass. — around 9% according to most estimates, with that number much higher in some metropolitan areas like Springfield and Holyoke — and yet there are many employers in several sectors of the economy, from health care to precision manufacturing, who have vacancies they can’t fill because they can’t find skilled workers.
This is a rather unique problem for this region, historically, and one that constitutes a major economic development agenda item, even if some still don’t understand that the phrases ‘workforce issues’ and ‘economic development’ can and must be put together in the same sentence.
Indeed, while most consider economic development to be luring new businesses to the region, building clusters of companies of specific sectors, such as green energy and biotechnology, and enabling existing companies to expand, none of that can really happen — even if the economic conditions were favorable — unless this area had the workforce to support such growth.
Which is why we’re glad that the REB has not only put a plan down on paper — it’s known officially as the ‘Strategic Workforce Development Plan for Hampden County 2011-2013’ — but has developed a game plan for addressing some of the major issues, and has the ability to keep these matters front and center, where they belong.
In short, the report concludes that closing that gap — the overriding mission beyond the strategic plan — will not be easy and it won’t happen overnight. But it must be done, and it will involve the continuation of several current collaborative efforts, and some new ones, to get the job done.
And the work encompasses many different elements, from promoting pre-school programs and helping young people gain the reading skills they need, to introducing junior high school students to the benefits of a career in precision manufacturing; from working with health care providers and area colleges to ensure that graduates have the skills necessary to succeed in specific careers, to the fostering of mentoring programs that will help curb the high drop-out rates in several areas cities.
For decades now, the REB’s unofficial mission has been to help create employment opportunities, anticipate where the jobs will be for the short and long term, and partner with area institutions to ensure that there is a match between the skills needed for those jobs and the skills possessed by those in the workforce. The mission hasn’t changed, but there is now a greater sense of urgency, because, in very simple terms, that aforementioned gap is getting wider, not narrower.
And unless that trend is reversed, cities and towns across the region will suffer in their efforts to attract new companies and diversify their bases of businesses.
Workforce development certainly would not be considered the glamorous side of economic development, which is reserved for those announcements of new companies or expansions of existing ones involving hundreds of jobs. But those announcements won’t come unless this region has workers of sufficient quantity and quality.
As we’ve said many times, and we’ll keep saying it— workforce development is economic development.

40 Under 40 The Class of 2011
Program Manager, Human Resources Unlimited, Lighthouse

Jeffrey Trant

Jeffrey Trant

It’s called the HRU Café. That’s the name given to a new venture, a unique start-up business located at the Springfield Jewish Community Center (JCC) that brings together most of Jeff Trant’s passions under one roof, or operation.
These include social work, which he’s been doing virtually all his life — currently as director of a facility called Lighthouse, a community rehabilitation and employment organization managed by Human Resources Unlimited (the HRU part of that name) — and also business, or, in this case, the all-important business side of nonprofit management.
And then, there’s the coffee. “That’s been a serious vice since grad school,” he said.
The café, open since Valentine’s Day, employs disabled and disadvantaged adults and thus brings awareness to the large and diverse JCC community about the abilities of all people, disabled or otherwise, said Trant. Doing this, and hopefully breaking even financially, he said, helps explain what he means when he says he’s “an untraditional social worker.”
“When you have the credentials I have, you’re automatically sort of put in this box — when people hear the words ‘social worker,’ they assume you do one of two things, that you do child-protective services, meaning you take kids who are abused or neglected away from families, or you do psychotherapy with people. I do neither. What I do is very important work — it’s working with folks who don’t have a voice and helping them get one. That cuts across all facets of society, and it’s all about building stronger communities.”
Through Trant’s leadership, Springfield-based Lighthouse, which he took over in 2008, has undergone a successful restructuring, and now serves more than 500 men and women recovering from the effects of mental illness.
Trant’s only passion not represented by the café is golf, which he calls the “great equalizer,” and a way to “decompress” from his hard and often trying work at HRU, trying to give his clients a voice.
Trant credits his wife, Rachel, with helping him find a balance between work, life, golf, and coffee.
— George O’Brien

40 Under 40 The Class of 2011
Joint City Finance Director; City of Springfield; Chief Financial Officer, Springfield Schools

Timothy “T.J.” Plante

Timothy “T.J.” Plante

Timothy “T.J.” Plante’s interest in Springfield began when he was in graduate school and wrote his thesis on the state of the city’s finances.
Today, the father of a 2-year-old son and newborn daughter is dedicated to restoring “a great city — the economic engine of Western Mass.,” he said. “I am driven to continue to improve Springfield and its schools, and I want to make sure people look to us and emulate what we do.”
Plante manages a $624.5 million budget for the city and its public schools. Not only is he the first to hold both positions simultaneously, he made history by winning the Meritorious Budget Award from the Assoc. of School Business Officials for his most recent school budget, which was a first for Springfield. He also won the Distinguished Budget Award from the Government Finance Officer’s Assoc. for fiscal years 2009, 2010, and 2011, which the city had also never won before.
“My job entails a lot of responsibility,” he said. But he is passionate about his mission. As he works to continue to implement a financial turnaround of the city, he wants to maintain the improvements made to date.
Plante is especially motivated to make a difference in the School Department. “There are a lot of critical needs, as there is a high dropout rate and a low graduation rate,” he said. “It’s a special and unique challenge, but I am working to ensure that the district’s limited resources are spent on students to help close the achievement gap, improve education, and implement best practices in school finance.  I want to continue to build its reputation.”
Plante also serves on the Regional Employment Board, various committees of the Mass. Assoc. of School Business Officials, and the International City/County Management Assoc.
“Time management is the only way to get everything done. But this is a great city,” he reiterated. And one with a financial leader who has shown he can accomplish great things.
— Kathleen Mitchell

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.

FRANKLIN
SUPERIOR COURT
Phyllis R. Perry, executrix of the estate of Richard R. Perry v. John G. Savage Realty Corp. and James Fitzgibbons
Allegation: While performing work on property owned by John G. Savage Realty and contracted by James Fitzgibbons, the plaintiff fell through the roof deck to the cement floor below and died: $10,774.27
Filed: 1/19/11

HAMPDEN
SUPERIOR COURT
Bernadino Smith v. American International College
Allegation: Loss of college tuition and false inducement to sign Sallie Mae loan: $24,000+
Filed: 1/7/11

Jimbob Aviation Inc. v. Taylor Companies Inc.
Allegation: Breach of lease agreement: $145,000
Filed: 1/11/11

Seaboard Drilling v. Pappas Enterprises Inc.
Allegation: Non-payment of labor and materials for sub-surface testing and environmental engineering: $45,836.88
Filed: 1/6/11

Woronoco Hydro, LLC v. Ocean State Jobbers Inc.
Allegation: Outstanding balance for electrical services: $95,000
Filed: 12/15/10

HAMPSHIRE
SUPERIOR COURT
Kaestle Boos Associates Inc. v. the Town of Granby, by and through the Granby Safety Committee
Allegation: Breach of contract by failing to pay for services rendered: $115,000
Filed: 2/23/11

Michelle Papineau v. Mount Holyoke College
Allegation: Employment discrimination: $25,000+
Filed: 2/7/11

NORTHAMPTON
DISTRICT COURT
Jane Doe v. Cooley Dickinson Hospital
Allegation: Breach of contract and HIPAA violation: $100,000
Filed: 2/11/11

Swan Associates Inc. v. Boulanger’s Plumbing & Heating Inc.
Allegation: Breach of contract and failure to pay: $17,876
Filed: 2/15/11

PALMER DISTRICT COURT
Mactec Engineering & Consulting Inc. v. Sub-Surface Informational Surveys Inc.
Allegation: Breach of contract by failing to confirm the location of all utilities and failing to reimburse the plaintiff remediation costs: $12,536.65
Filed: 1/4/11

SPRINGFIELD DISTRICT COURT
Liberty Mutual Insurance Co. v. Yanez Construction
Allegation: Non-payment of workers’ compensation policy: $32,326.34
Filed: 2/1/11

Linda Wortman v. Comcast of MA
Allegation: Negligent performance of work in plaintiff’s home, causing injury: $20,236.83
Filed: 1/31/11

NCMIC Finance Corp. v. Langlois Family Chiropractic Inc.
Allegation: Non-payment on judgment: $19,133.78
Filed: 2/1/11

Shirley Peaks v. Costco Wholesale Corp.
Allegation: Negligence in property maintenance, causing slip and fall: $5,183
Filed: 2/14/11

WESTFIELD
DISTRICT COURT
Pioneer Valley Winnelson Co. v. Eric’s Plumbing and Heating
Allegation: Non-payment of goods sold and delivered: $16,028.58
Filed: 2/4/11

Sections Supplements
Make Sure They Fall Within the Parameters of State Regulations

Benjamin Bristol

Benjamin Bristol

An employee damages property while at work. The employer offers to waive disciplinary action for the mishap if employee pays for damage through wage deductions. Sounds reasonable, right?
As reasonable as this may seem, the Mass. Supreme Judicial Court (SJC) recently declared that one such policy, which had been used by ABC Disposal Inc. (ABC), violated the Massachusetts Wage Act.
ABC is a solid-waste and recycling trucking business whose drivers had, on occasion, damaged ABC’s trucks as well as property of third parties. To promote safety and discourage careless driving, ABC implemented a policy where it would evaluate each instance of damage to see if it could have been prevented. If ABC found that the damage was preventable, it would then offer the driver two choices: pay for the damage or be disciplined. The drivers who chose to pay for the damages would authorize the employer, in writing, to deduct payments from their wages. The average amount that was deducted was $15 to $30 per week. ABC’s policy successfully reduced its property-damage costs. In fact, ABC’s costs relating to damage done to company vehicles and third-party property dropped by 78%.
Apparently, at least one ABC employee did not like this arrangement, because the Mass. Attorney General’s Office received an anonymous complaint concerning the policy in 2006. In response, the attorney general launched an investigation and ultimately concluded that ABC’s policy violated the Massachusetts Wage Act by creating ‘special contracts.’
A special contract is an arrangement where an employee agrees to accept less than his or her total amount of earned wages, and thereby circumvents the Wage Act’s purpose: to protect employees’ right to their earned wages. After the attorney general arrived at this conclusion, a civil citation was issued ordering ABC to pay $21,487.96 in restitution and a penalty of $9,410.
ABC filed a lawsuit in state court to annul the attorney general’s citation and uphold the validity of its policy. ABC argued that it was not engaging in special contracts, but was instead making deductions that were ‘valid setoffs,’ which are permitted by the Wage Act. The attorney general disagreed, and argued that the valid-setoff provision of the Wage Act has a very limited scope and did not apply to ABC’s policy.
All valid setoffs under the Wage Act, according to the attorney general, “implicitly involve some form of due process through the court system, or occur at an employee’s direction and in the employee’s interests.” The trial court sided with ABC, and the attorney general appealed to the SJC.
The SJC gave deference to the attorney general’s interpretation of the Wage Act and found that ABC’s policy did not entail valid setoffs. The SJC explained that valid setoffs exist only where there is a “clear and established debt” owed by the employee to the employer. The SJC stated that ABC’s policy did not create clear and established debts due to the one-sided method of assessing whether the employee was responsible for the damages and how much the damages would cost. Instead of a valid setoff, the SJC viewed ABC’s policy as creating special contracts where the employee had to choose from two “unpalatable” options: wage deductions or disciplinary action.
The SJC agreed with the attorney general that this policy contravened the purpose of the Wage Act. As a result, the SJC declared ABC’s policy unlawful and required ABC to pay the restitution and penalty costs. Although the restitution and penalty that ABC was ordered to pay may appear costly, employers should note that this amount can be much higher, especially if an employee files a lawsuit on their own.
Indeed, not only does the Wage Act give the attorney general the authority to penalize employers who violate its terms, the Wage Act also allows employees to file lawsuits on their own and on behalf of others. If the employee prevails, the court will take the amount the employer owes for lost wages and benefits — and triple it. Clearly, these numbers can begin to add up quickly, particularly if multiple employees join in and institute a class action.
Now that we know how the SJC and attorney general view voluntary-deduction agreements like the one discussed above, employers must remain cautious when contemplating whether they can take such deductions, even when the employee assents.
The good news is that the SJC’s ruling does not prohibit wage deductions altogether; employers just need to make sure their deductions fall within one of the Wage Act’s narrow exceptions, such as a valid setoff. However, even if you believe that your policy may fit within one of these narrow exceptions, the safer course is to consult with counsel to see if your policy qualifies. Such a preventative measure is well-worth the time, especially if an employee questions your policy and contacts the attorney general to evaluate its validity.

Benjamin Bristol, Esq. specializes exclusively in management-side labor and employment law at Royal LLP, a woman-owned, boutique, management-side labor and employment law firm; (413) 586-2288; [email protected]

Sections Supplements
Department of Labor Puts the Pressure on Employees

Michael Leahy

Michael Leahy

Late last year, the American Bar Assoc. (ABA) announced what it called a “first-of-its-kind partnership between a federal agency … and the private bar.”
The federal agency, in this case, the Department of Labor (DOL), and the ABA have teamed in a bold initiative to pair potential plaintiffs with private-sector plaintiffs’ attorneys to bring lawsuits against employers under the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA).
Currently, employees who bring an FLSA or FMLA complaint that is not resolved by the DOL’s Wage and Hour Division are referred to a toll-free telephone number that connects them with the ABA’s attorney-referral system. The Department of Labor will also share relevant documents from an employee’s case file with the private attorney to assist in any private lawsuit.
We expect this initiative to result in an increase in wage-and-hour litigation over FLSA and FMLA violations, including costly collective and class-action cases.
These cases are particularly attractive for plaintiffs’ attorneys, since attorneys’ fees are available if the verdict is in favor of the employee. In addition, since the DOL will share much of the employee’s case file, plaintiffs’ attorneys may be more likely to believe a case is strong, or may see more upside in taking cases where the DOL has already completed much of the investigatory heavy lifting. Given the current regulatory environment, it is expected that this practice will spread to both federal and Massachusetts agencies that oversee labor and employment law.
This DOL-ABA Referral Initiative is in line with a more aggressive DOL stance under the Obama administration. Last year, the DOL launched its ‘We Can Help’ initiative aimed at encouraging underpaid or misclassified workers to file complaints against their employers. The Web site for the We Can Help program includes a large banner which reads, “How To File a Complaint.” Employees who follow that link are walked through the process of getting a complaint against their employer rolling.
That’s not the worst of the problem: last December, the DOL’s Office of the Solicitor of Labor developed an aggressive operating plan for 2011 for the future, under which the solicitor will be taking a more active roll in the administrative and pre-litigation phases of DOL investigations. The solicitor is also undertaking a ‘liquidated damages pilot project’ to assist the DOL in seeking double damages. The solicitor even plans to identify egregious cases for criminal prosecution.
Massachusetts employers must be particularly cautious, given the active plaintiff’s bar here and the Commonwealth’s own aggressive regulators.
Earlier this year, the Mass. attorney general’s office was successful in a case it brought against an employer who deducted money from an employee’s pay to compensate for damages he caused to the company’s vehicle.
Meanwhile, the plaintiffs’ bar in Massachusetts is among the most successful in the country at suing employers. Just last month, Massachusetts attorneys were successful in their efforts to certify a class-action suit against Starbucks for its practices related to employee tips.
Wage-and-hour issues can be tricky, and the basis for legal determinations is not always intuitive. Many well-meaning employers mistakenly classify non-exempt workers as exempt, or mistakenly treat workers as independent contractors rather than employees. FMLA determinations can also be confusing. In light of the DOL’s unusually aggressive posture, it is recommended that all employers play it safe and call their labor and employment counsel to review their wage-and-hour policies.
This approach may well spread to other employment issues. A thorough employment practice audit now can save headaches and money down the road.
Given the DOL’s stance here, it’s not worth taking a chance.

Michael B. Leahy is an associate with the law firm of Skoler, Abbott & Presser, P.C., which exclusively represents management interests with regard to legal issues concerning labor and employment. He concentrates his practice in employment counseling and litigation. He is admitted to practice in state and federal courts in Massachusetts and state courts in New York. This column is not intended as legal advice related to individual situations; (413) 737-4753; [email protected]

Features
West Side’s Story Is One of Access and Diversity

Kevin Kousch

When it came time to launch his own business, Kevin Kousch says, it made good sense for him to stay in West Springfield.

These days you have to be ready to go boldly forward when it comes to strengthening your market position, Kevin Kousch told BusinessWest. And he should know.
He’s the owner of A Formal Affair, what he calls the “largest in-stock tuxedo rental this side of Boston,” and you might remember him from his days with the now-defunct clothier Yale Genton, also in West Springfield. Kousch was referring to the challenging circumstances facing everyone in business, and how his venture has wholeheartedly embraced new media, as well as good old-fashioned word of mouth, to secure a place as a go-to, top-of-the-line formalwear outfitter for the area.
In many ways, his comments were echoed by other business owners in this town, long a commercial destination for many in the region, due to the popular and thriving Riverdale Street thoroughfare. Cindy Johnson, owner of Fran Johnson’s Golf and Tennis along that strip, said that, since her much-publicized economic difficulties and comeback in 2010, she’s taken some creative steps to broaden the seasonal nature of her store’s offerings.
“It’s what you have to do in order to stay afloat,” she said, while describing an exciting new way for her customers to enjoy the game of golf — simulators that enable someone to play Pebble Beach without leaving the 413 area code.
But while there are businesses in town that are readily embracing new techniques to stay vital in a challenging economic time, there is one signature venue in West Springfield that believes it’s also important to keep in mind the past, and how history, specifically with regard to agriculture, is a key link to the future.
And where else could an agrarian industry be better represented than at the 17-day Eastern States Exposition, the Big E, held every September for almost 100 years along the town’s Memorial Avenue? Wayne McCary has been president of the Big E since 1991, and he told BusinessWest that “I think it’s important to know that we will continue to make sure that agriculture remains a part of this facility’s soul.”
With annual visitors to both the Big E and other events at the site totaling more than 2 million individuals, he also stressed the importance of the facility’s power to be an important agent for West Springfield, for both the town itself and the business community.

Go with the Flow
When asked what was happening in his office these days, Joseph Laplante, West Springfield’s Community Development director, said, “quite a bit, actually.”
The big news these days is forward momentum at the West Springfield Trade Center, a 5.750-acre parcel along Western Avenue that the town has been working on for several years. The property is adjacent to the CSX rail yards, said Laplante, adding that the town has just finished demolition and cleanup at the property, and now the redevelopment authority can proceed with a marketing plan.
An attractive aspect of the site is that proximity to CSX, which is also putting steam to a $10 million expansion and upgrade of its West Side yards, LaPlante continued, adding that the plan is to attract a new business, preferably in manufacturing, that will create new employment and a new tax base for the community.
“We’re trying to avoid, more or less, a warehousing operation, which doesn’t bring many new jobs in,” he said.
Additionally, he mentioned a project currently in the design phase to improve clearance at a railway underpass along Union Street, which will significantly impact larger tractor-trailer traffic flow to the south side of town, “which doesn’t exist right now.”
That $15 million project, with an estimated completion date in 10 years, will improve load-heavy traffic flow outside of the historic city center and some of the residential neighborhoods in town. But, he added, not all the good news is years away.
Some signs of economic recovery are coming from large stores along Route 5 that are in remodeling stages — Kohl’s, Dick’s Sporting Goods, and the Stop & Shop, all in the Riverdale Shops. And near that plaza, construction of a town canoe ramp this spring will offer visitors access to the river — and increased visibility for the stores there.
“I think that people find it easy to come to West Springfield,” Laplante said, “because there is more of a small-town atmosphere, and it’s a safe and easy place to stop off and do business.”

Tailor Made
After working at Yale Genton for many years, Kousch said, it made good sense to stay in West Springfield when the time came for him to start his own business venture.
“I’ve been here for the majority of my professional career,” he explained. “When you come from a company that was in business for over 75 years, and you’ve devoted a lot of your time to the community, I don’t think it’s fair to uproot and go somewhere to start fresh where you don’t have any roots. You build relationships with people, and then, in turn, those people know that they can count on you when they need your services.”
The economy has put a dent in business, he said, adding quickly that he is confident in his strategies for keeping both his business and his clientele in the black — quite literally.
“Every customer here is custom-fit,” he said. “And because all of our stock is right here, we don’t deal with any of the issues that the competition does, where they have to get their merchandise from a warehouse and then try to navigate any complications.”
Solid word-of-mouth referrals are a key part of Kousch’s marketing strategy, but embracing Facebook and e-mail-blast advertising help keep a company on point. “You have to be with the times for a business to succeed,” he continued.
And as prom season approaches, Kousch said that he was employing another strategy for success — lowering his prices for 2011. “It doesn’t do me any good to have the stock sitting here on hangers; we’d rather rent it.” His old sign from Yale Genton — and those historic prices — are right out in front of his shop.
For those folks who might ‘like’ AFA on Facebook as they consider who will be their prom date this spring, he added, “there’s going to be lots of specials starting in mid-April; we’re expecting to be very, very busy.”
That’s something that Cindy Johnson is also happy to report.
She said the new Tee2Green2 high-definition golf simulators that Fran Johnson’s purchased last November represent a “welcome opportunity to be busy during the winter months, which is a first for me in about 30 years.”
Using these high tech video displays, customers can choose to ‘play’ 18 classic courses, from Pebble Beach to Casa de Campo. “They use their own clubs, play with real golf balls,” she said. “It’s completely different from something like PlayStation.”
While in the past, Fran Johnson’s suffered through the winter months when dedicated duffers couldn’t be on the links, the simulators have finally turned her operation into a year-round destination.
But as the area courses get ready for the approaching season, Johnson said that she’s excited to begin fitting customers for clubs — both new and used sticks. “You want to make sure your old clubs still have the right loft and lie for your swing. As with everything else, things change over the course of a few years.
“Then you can take your newly fitted clubs and try them out on the first hole at Doral,” she added.

Farmer’s Almanac

The Big E

The Big E established a trust fund for the city in 1994 that has amassed more than $2.3 million to date.

For 17 days a year, said McCary, the Big E becomes one of the largest cities in the state.
“We’re fortunate to be located in West Springfield where we have built these significant bridges with people who have to play a critical role in the outcome,” he said, “especially when it comes to public services and safety.”
The Big E is one of the few fairs of its kind in the nation not heavily subsidized by state government, and as a nonprofit, he emphasized the importance of those bridges within the town.
“One of the unique things here, and I think this is a model way for a nonprofit to behave in a community, is the Big E West Springfield Trust Fund, which we created in 1994,” he explained. “It cements the relationship with people in the community, and it provides a very important revenue stream, especially in these times when municipalities and states are economically hard-pressed for resources. Through 2010, we have contributed more than $2.3 million, through 1% of our gross annual revenues.” That’s in addition to contracting the town’s services — its largest vendor, adding an additional $1.2 million to the city’s coffers.
But, he added, the Big E — as an exposition and a multi-use facility for those other 11 months of the year — is very aware of the business community nearby.
With many thousands of vendors descending on Memorial Avenue throughout the year, McCary stressed the importance of marketing West Springfield’s private sector to visitors from outside the environs.
“We encourage people to patronize business in the area,” he said, adding that “our marketing department creates a directory of local enterprises. We’re trying to channel those individuals to look into the service stream on Memorial Avenue.”
The Big E is a nonprofit, though, and McCary highlighted the importance of economic strength for the facility itself. “The other 11 months are absolutely critical to maintaining the economic stability of the exposition,” he said. “No matter how successful the fair is in 17 days, in today’s world, in order to maintain a first-class physical plant of 175 acres with more than 30 buildings, it’s a challenge.
“These year-round events contribute very significantly not only to the overall economy of the Big E, but to all the area services we’ve been talking about,” he continued. “That’s important to our own economy, and our own health, but I think it’s critical to the Big E as an economic engine; there’s no question about it.”
But the message he likes to drive home, he said, is that, since 1916, agriculture has always been the heart and soul of the Big E.
“We are an important forum to bring together young people from 4H and Future Farmers of America, who have commitments to being in the food industry for their livelihood,” McCary said. “As many as 17 states send kids here to compete in the different fields of agriculture.
“While we’re talking about economics, and how important they are,” he added, “without agriculture, none of us could continue to exist.”

Departments People on the Move

John J. Szczepanek

John J. Szczepanek

John J. Szczepanek has been appointed Manager of the Laboratory at Holyoke Medical Center. He had formerly been Chemistry Supervisor at the facility.
•••••
John Murgatroyd has been named the Regional Sales Manager for the Small Business Administration (SBA) division of TD Bank. He will manage a team of business-development officers to originate SBA loans and enhance the TD brand within the northeast SBA business segment, including the Boston and Springfield-Hartford regions.
•••••






Victoria J. Noble, M.D.

Victoria J. Noble, M.D.

Victoria J. Noble, M.D., has joined the Medical Staff of Wing Memorial Hospital and Medical Centers, and is providing internal-medicine services at the Wing Medical Center in Wilbraham. Noble received her medical degree from the University of Vermont College of Medicine and completed her residency at Baystate Medical Center.
•••••
Marcos A. Marrero recently joined the Pioneer Valley Planning Commission in Springfield as a Land Use and Environment Planner.
•••••






St. Germain Investment Management, with offices in Springfield and Hartford, Conn., announced the following:
Christine M. Andrzejewski

Christine M. Andrzejewski

• Christine M. Andrzejewski has joined the firm in the Client Services Group; and
























Tanya Longo

Tanya Longo

• Tanya Longo has joined the firm in the Client Services Group.
•••••
Sean T. Mitchell has joined Cooley Dickinson Hospital in Northampton as Director of Major Gifts. He is responsible for increasing the number of donors and support for Cooley Dickinson at the level of $10,000 or more.
•••••














Stephen Greenberg, M.D.

Stephen Greenberg, M.D.

Stephen Greenberg, M.D. has been appointed Medical Director of Adult Services at Providence Behavioral Health Hospital in Holyoke. He is responsible for the overall supervision and direction of psychiatric care for Adult Psychiatric Services, including psychiatric diagnostic evaluations, medication management, and participation in team meetings. Board-certified in psychiatry, Greenberg earned his medical degree from Northwestern University Medical School in Chicago. He completed his residency in psychiatry at Montefiore Hospital and Medical Center in Bronx, N.Y., and received fellowship training in clinical psychiatry at the New York Hospital, Westchester Division, in White Plains, N.Y.
•••••
Robert D. Hoyt recently received the 2010 George Warren Fuller Award from the New England Water Works Assoc., the region’s largest and oldest not-for-profit organization of water-works professionals. Hoyt has been Manager of the Worcester Department of Public Works water-filtration plant in Holden for 14 years.
•••••
Bulkley, Richardson and Gelinas, LLP, with offices in Springfield, Amherst, and Boston, announced the following:
Kelly A. Koch

Kelly A. Koch

• Kelly A. Koch has joined the firm as an Associate Attorney in the Domestic Relations Department. She handles matters relating to divorce, child custody, antenuptial agreements, post-divorce issues, guardianships and probate litigation;




















George W. Adams IV

George W. Adams IV

• George W. Adams IV has joined the firm as an Associate Attorney in the Business/Finance Department. Adams focuses on general corporate and business matters;




















Christopher J. Visser

Christopher J. Visser

• Christopher J. Visser has joined the firm as an Associate Attorney in the Litigation/Alternative Dispute Resolution Department. He focuses on medical malpractice litigation; and




















Abena A. Mainoo

Abena A. Mainoo

• Abena A. Mainoo has joined the firm as an Associate Attorney in the Litigation/ADR Department. She handles commercial and corporate litigation matters, primarily for large financial institutions.
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Kazimierz Borawski has joined United Bank in West Springfield as Vice President of Finance. He is responsible for coordinating all phases of financial planning and forecasting, reporting of financial results, analysis and reporting of profitability, asset-liability management reporting, and peer-group comparisons. He will also assist in preparation of materials for investors and analysts.
•••••
Steven M. Vitorino has joined TD Insurance Inc., a subsidiary of TD Bank, as a Vice President and Regional Market Producer for Surety Sales, with offices in West Springfield and Wethersfield, Conn. He is responsible for providing a range of surety services, including bond underwriting and claim handling, to contractors and business owners across the TD Bank footprint from Maine to Florida.
•••••
Carol Cloe Klyman

Carol Cloe Klyman

Carol Cloe Klyman has been appointed to the Professional Advisors Board of Mason-Wright Foundation. Klyman is an elder-law and estate-planning attorney with Shatz, Schwartz & Fentin.
•••••
For the fourth year in a row, Springfield Attorney Paul Nicolai has been listed in The Best Lawyers in America, cited for his expertise in commercial litigation. Nicolai founded Nicolai Law Group in 1988 after serving as Company Counsel and Assistant Clerk for Friendly Ice Cream Corp. More than 3 million confidential evaluations by 39,000 of the country’s leading attorneys help formulate the lists for the annual publication.
•••••
Egan, Flanagan and Cohen, P.C. of Springfield announced the following:
• John J. Egan has been named a New England Super Lawyer. Egan has had extensive trial experience in civil litigation for more than 40 years. His practice concentrates in civil litigation, including business and shareholder disputes, eminent-domain and land-valuation disputes, employment discrimination, personal injury, and First Amendment issues;
• Edward J. McDonough Jr. has been named a New England Super Lawyer. McDonough’s work covers a wide range of disputes, including accident and injury claims, insurance disputes, employment-discrimination litigation, product liability, medical malpractice, and civil-rights litigation;
• Maurice M. Cahillane has been named a New England Super Lawyer. His practice areas include litigation, labor and employment law, commercial law, age discrimination, administrative law, and municipal law;
• Katharine Pacella Costello has been named a Rising Star in Boston magazine. She specializes in employment litigation, including discrimination claims, contract disputes, wage-act claims, harassment claims, and non-competition agreements; and
• Joseph M. Pacella has been named a Rising Star in Boston magazine. He primarily practices in civil litigation, including personal injury, business litigation, and zoning and real-estate disputes.
•••••
Christel Harju of Meyers Brothers Kalicka, P.C. has accepted positions on both the Finance Committee and the Board of Directors of the Food Bank of Western Massachusetts. She has worked as a Senior Associate in the Audit Department since 2006.
•••••
W. F. Young Inc. announced the following:
• Steve Gootzeit has been appointed Director of Marketing;
• Tom Johnson has been named National Sales Manager for Animal Health Care Products;
• Laurie Klafeta has been named Export Sales Administrator; and
• Molly O’Brien has expanded her role as Advertising Supervisor with new responsibilities.
•••••
Paul V. Erwin has joined NUVO Bank & Trust Co. in Springfield as Chief Financial Officer.
•••••
Eric Taylor has joined the American Institute of Economic Research in Great Barrington as a Graphic Artist and Web Content Manager.
•••••
Suzette Fontaine Collins has announced the opening of Fontaine and Collins in Westfield. Collins is an experienced trust and estate-management advisor and will offer services as a personal trustee, as well as estate and trust administration, consulting, and estate settlement.
•••••
Anabela A. Blake has been promoted to Manager of the TD Bank branch at 52 East St. in Ludlow. An Assistant Vice President, she is responsible for new-business development, consumer and business lending, and managing personnel and day-to-day operations at the store serving customers throughout the region.
•••••
Bethany D. Hinton has been named Loan Servicing Officer for Florence Savings Bank.
•••••
Laurie A. Rosner has been appointed Executive in Residence in the Master in Business Administration in Entrepreneurial Thinking and Innovative Practices program at Bay Path College in Longmeadow. Rosner is a Vice President of Marketing and Administrative Services Officer at Rockville Bank.
•••••
Hyde Tools of Southbridge announced the following:
• Robert B. Clemence has been promoted to a Vice President of Sales position; and
• Louis A. Oleksy Jr. has been promoted to a Vice President of Sales position.
•••••
Bozena Dabek has joined Easthampton Savings Bank as Senior Vice President and Chief Financial Officer.

Briefcase Departments

Average Starting Salary for Class of 2011 Up 3.5%
BETHLEHEM, Pa. — For the first time since 2008, a college class is beginning the year with an average starting salary offer that is on the rise, according to results of a new survey conducted by the National Assoc. of Colleges and Employers (NACE). The overall average salary offer to a class of 2011 bachelor’s-degree graduate is $50,034, up 3.5% over last year at this time, according to NACE’s Winter 2011 Salary Survey report. For the Class of 2011, this is the latest sign of improvement in the college job market. Employers responding to an earlier NACE study reported plans to increase their college hiring of the class of 2011 by 13.5% over the previous year, and monthly polls conducted by NACE show hiring remains in positive territory. While not all categories of majors posted increases to their average salary offers, the increases seen in the Winter 2011 Salary Survey report far outweigh the decreases. That’s a significant improvement over last year at this time. Currently, 67% of disciplines posting a change this year are showing an increase. Last year, the opposite was true, as 63% of disciplines indicating a change to staring salary offers were projecting them to be decreases. Among the disciplines in the Winter 2011 Salary Survey report, business majors fared the best; their average offer rose almost 2% to $48,089. Accounting majors saw their average salary offer rise 2.2% to $49,022, and the average offer to finance majors rose 1.9% to $50,535. Business administration/management graduates saw a slight decrease to their average starting salary offer, which fell 2.3% to $44,171. Meanwhile, the average offer to marketing majors dipped by 1.3% to $41,948. Among the technical disciplines, computer-science majors posted a small increase; their average salary offer rose almost 1% to $61,783. Salary offers to engineering graduates as a group remained nearly level — a 0.3% increase to $59,435 — but some of the individual majors fared far better. Electrical-engineering majors saw their average salary offer jump 4.4% to $61,690, while mechanical-engineering graduates also saw a healthy increase — 3.8% — for an average salary offer of $60,598. Conversely, chemical-engineering and civil-engineering majors saw their average salary offers fall. The average offer to chemical-engineering graduates dipped by 0.8% to $64,641. Meanwhile, civil-engineers fared worst among their engineering peers; their average offer dropped 7.1% to $48,885. Data is limited for liberal-arts majors, but, as a group, their average offer is up 9.5% to $35,633. This is in sharp contrast to last year, when they watched their average offer fall almost 11%. The Winter 2011 Salary Survey report is the first look at salaries for the Class of 2011. NACE will continue to monitor salary offers to the current class and will release its next salary report in April with the Spring 2011 Salary Survey.

Employers Needed for Youth Summer Jobs Campaign
SPRINGFIELD — The Regional Employment Board (REB) of Hampden County Inc., will host its fourth annual Employer Outreach Breakfast on March 25, 7:30 to 9 a.m., at the Sheraton Springfield Monarch Place Hotel, One Monarch Place. The event launches Youth Summer Jobs Campaign 2011, spearheaded by the REB, FutureWorks and CareerPoint one-stop career centers, and the YMCA of Greater Springfield. Last year 158 employers across Hampden County were involved in putting 1,100 youth to work, and organizers are hoping to broaden their base of employers this year. Businesses can get involved by hiring youth, donating money, or becoming a work site. Pre-registration is required for the free event that will outline how businesses can help a young person this summer. For more information, contact Kathryn Kirby at (413) 755-1359 or [email protected].

Agency Purchases Paramount Theater
SPRINGFIELD — The Paramount Theater, a historic Main Street property, has been purchased by the nonprofit New England Farm Workers Council. A check for $54,000 was recently delivered by Paramount co-owner Steven Stein to the city’s License Commission to pay off a delinquent tax bill, paving the way for the purchase of the building, according to Heriberto Flores, council president. Stein is co-owner with Michael Barrasso of Paramount Realty Investment LLC. With the sale now complete, both men will remain at Paramount for several months, ensuring a smooth transition, added Flores. Flores noted that the Paramount purchase was privately funded and did not involve public funding. Future development at the Paramount by the nonprofit agency includes touring stage productions and national musical acts, in addition to focusing more on local talent, added Flores.

February Jobs Growth Shows Some Strength 
WASHINGTON, D.C. — The recent U.S. Bureau of Labor Statistics report of a 192,000 February increase in payrolls shows employment has rebounded from a disappointing start to 2011, according to the Conference Board. The Conference Board is a global, independent business membership and research association working in the public interest. While the increase in employment continues to lag the pickup in the broader economy, the Conference Board notes it is “encouraging” to see the job numbers moving in the right direction. It was also noted that, once officials account for the recovery from January’s weather effect, February’s gains hardly suggest an acceleration relative to the slow trend of about 100,000 jobs per month during the second half of 2010. The Conference Board concluded that, assuming an aggregate productivity trend, including government, of about 1.5%, the economy would need to grow well beyond 3% in order to double the trend to an average of 200,000 jobs over the next couple of months. With a shrinking government, a stagnant construction sector, and a small manufacturing base, only consumer spending can generate that kind of improvement in hiring, the Conference Board added.

Improved Job Prospects Trump Rising Prices
ANN ARBOR, Mich. — Consumer confidence rose to its highest level in three years in February, according to the Thomson Reuters/University of Michigan final index of consumer sentiment. Higher-income households were responsible for all of the February gain over the prior month. The Sentiment Index rose by 9.7% among households with incomes above $75,000, but fell by 1.4% among lower-income households. The difference was due to more-favorable job and income prospects among upper-income households. Also, news about recent economic developments was much more favorable than any time in the past six years. Greater job gains dominated the news, and consumers anticipated significant gains in employment during the year ahead. The favorable job news completely dominated rising concerns about higher food and fuel prices. The Sentiment Index was 77.5 in the February 2011 survey, up from 74.2 in January and last February’s 73.6. The February reading was the highest since 78.4 was recorded in January 2008. The February gains were concentrated in the Current Conditions Index, which rose to 86.9 from 81.8 in January and last February. The Expectations Index, a component of the Index of Leading Economic Indicators, rose to 71.6 in February from 69.3 in January and last February’s 68.4. The minimum monthly change required for significance at the 95% level in the Sentiment Index is 4.8 points; for the Current and Expectations Index, the minimum is 6.0 points.

Tax Cut Fails to Boost Economy In Early 2011
WASHINGTON, D.C. — The U.S. Commerce Department’s Bureau of Economic Analysis recently released data on personal income and outlays for January, noting personal income increased 1.0%, exceeding private-sector expectations of a 0.4% rise. Wages and salaries, the largest component of income, rose 0.3%, perhaps hampered by more severe than usual weather in some parts of the country. Real consumer spending edged down 0.1% in January but has already risen 0.8% at an annual rate above its fourth-quarter average. U.S. Commerce Department Chief Economist Mark Doms noted that personal income surged in January, largely as a result of the Middle Class Tax Relief Act. Doms added that, by lowering employee contributions for Social Security, workers have more take-home pay. This increased spending capacity should boost the U.S. economy and employment in 2011, he added. In other news, the Commerce Department recently released the second estimate of gross domestic product (GDP) for the fourth quarter of 2010. Real GDP grew 2.8% at an annual rate, less than expectations and revised down from the 3.2% advance estimate. The downward revision reflects a wider trade deficit, reduced state and local government spending, and lower personal consumption. Doms noted that the U.S. economy is continuing to expand, with increased growth at the end of 2010 and further strengthening expected in early 2011. Doms added that steps taken by the Obama administration to create jobs and help U.S. businesses grow, including the Middle Class Tax Relief Act, should encourage continued economic expansion.

Features
The Nominations Are In, and the Judges Are Hard at Work

40 Under FortyHector Toledo was getting ready to leave on a long-awaited school-break-week vacation in Maine, where it’s quite cold in February, but there’s still plenty to do. He said he was looking forward to spending some time away from work and with his family, including his in-laws. And while the slate was pretty full, he said there would be some down time to relax.
Well, maybe there was some down time.
Toledo, vice president and Retail Sales director for Hampden Bank, and proud member of BusinessWest’s 40 Under Forty class of 2008, agreed to be a judge for this year’s program, and further agreed to devote some of his vacation time to the cause. He may have wound up donating more than he planned.
Indeed, Toledo left Hampden Bank headquarters in downtown Springfield with a three-inch-thick packet under his arm, representing the nominations of more than 100 people. Toledo and four other judges will wrap up the scoring of those individuals this week, and then the 40 Under Forty class of 2011 will be known.
The winners will be notified later this week, and the fifth class of 40 will be announced in BusinessWest’s April 25 edition, with the annual gala slated for June 23 at the Log Cabin Banquet & Meeting House.
Kate Campiti, associate publisher and advertising director at BusinessWest, said the heavy workload for this year’s judges speaks well of the 40 Under Forty program, and the region as a whole.
“When we started this initiative, we believed that becoming a member of this club — having a 40 Under Forty award on one’s desk and the ceremonial plaque on one’s wall or cubicle — would become an honor, something to strive for, and it has,” she explained. “Meanwhile, we believed the program would become a way for businesses, nonprofit agencies, and government organizations to showcase their young talent and, in essence, show it off. And that’s happened as well, as evidenced by the number of nominations we’ve received in year five.”
The nominations, which include everything from assorted professionals to entrepreneurs getting businesses off the ground or to the next level, to a high-school student already donating time a number of nonprofits, truly runs the gamut, said Campiti, adding that the judges “really have their work cut out for them this year.”
Those judges are a diverse group, as well, representing several fields within business and two classes of the 40 Under Forty program. They, too, will be recognized on June 23, and they will have earned their applause and BusinessWest’s tokens of thanks (still to be determined to build suspense). Our judges are:

Hector Toledo

Hector Toledo

• Hector Toledo, who, in addition to his work with the bank, has long been very active in the community. He is currently chair of the Board of Trustees at Springfield Technical Community College (from which he graduated), and has long been active with the Juvenile Diabetes Foundation, Springfield’s libraries, his church, and a host of other nonprofit groups;
• Dianne Fuller Doherty, regional director of the Western Mass. Regional Office of the Massachusetts Small Business Development Center Network (MSBDC) since 1992. Part of the Isenberg School of Management at UMass Amherst, the MSBDC offers free and confidential business-advisory services, training programs, and information and referral to small businesses in Western Mass. Previously, she founded and served as president and CEO of Doherty-Tzoumas Marketing, a full-service advertising and public-relations firm based in Springfield. Active in civic affairs in the Greater Springfield area, Doherty is a founder of the Women’s Fund of Western Mass., an
Dianne Fuller Doherty

Dianne Fuller Doherty

endowment to support women and girls. She also serves on the boards of the Pioneer Valley Plan for Progress, Bay Path College, the Community Foundation of Western Mass. and the Regional Technology Corp. She is also a board member of Digital Divide Data, a U.S.-based, nonprofit corporation that offers employment and educational opportunities to disadvantaged youth in Cambodia and Laos, by addressing the technology divide;

  • Eric Gouvin, a professor of Law at the Western New England College School of Law and director of the WNEC Law and Business Center for Entrepreneurship, which provides a number of services to ‘low-income’ business owners, including clinical support and several forms of community outreach. Prior to joining the faculty at WNEC, Gouvin practiced corporate, commercial, and banking law with a large firm in Portland, Maine. He worked on

Eric Gouvin

Eric Gouvin

matters for business clients ranging from Fortune 500 companies to small, closely held concerns. He has been very involved in entrepreneurship education, having founded the Small Business Clinic at the WNEC School of Law, serving on the Board of Editors for the Kauffman Foundation’s eLaw Web site, and being a member of the Board of Advisors for the Scibelli Enterprise Center and for the Harold Grinspoon Charitable Foundation’s Entrepreneurship Initiative. His areas of scholarly interest include corporate, banking, and entrepreneurship law, often with an international or comparative perspective;

• Jeffrey Hayden, director of the Kittrredge Center for Business and Workforce Development at Holyoke Community College, which houses a number of workforce-development programs, the Mass Export Center, and WISER, the World Institute for Strategic Economic Research. Previously, he was the long-time director of the Holyoke Office of Planning and Development and the Holyoke Economic Development and Industrial Corp. In those capacities, he worked on a wide range of economic-development-related programs, and also assisted dozens of small businesses with efforts to locate and expand within Holyoke; and

Jeffrey Hayden

Jeffrey Hayden


• Michael Vann, a principal with the Vann Group, a professional-services firm that provides small to mid-size businesses with solutions such as accounting and bookkeeping, human resources, recruiting, and strategic advisory services. He is responsible for the day-to-day operations of the group’s strategic-advisory services and merger/acquisition activities, where he serves as the trusted adviser to several of the group’s key clients. In addition to his duties with the Vann Group, he serves on the Board of the Alden Credit Union and is actively involved in a number of charitable organizations. He is a member of the 40 Under Forty Class of 2007.
Michael Vann

Michael Vann

For more information on the 40 Under Forty gala or to order tickets — $60 per person ($50 for members of the Young Professional Society of Greater Springfield and Northampton Area Young Professionals), with tables of 10 available — call (413) 781-8600, or visit www.businesswest.com.

Sections Supplements
Understanding Tax Credits for Those Who Hire Eligible Employees

Kristen Houghton

Kristen Houghton

By KRIS HOUGHTON

In today’s tough economy, every dollar counts. But many businesses lose out on thousands of dollars in tax savings every year by failing to claim tax credits to which they’re entitled.
For 2010 and 2011, two credits are available for employers who hire eligible employees. The Hiring Incentives to Restore Employment (HIRE) Act of March 2010 offers payroll tax breaks for employers that hire unemployed workers, plus additional credits for qualified workers they retain for at least 52 consecutive weeks. This article looks at the HIRE credit and examines whether this benefit is more advantageous than the often-overlooked Work Opportunity Tax Credit (WOTC).
Back in March, health care reform grabbed most of the headlines, but it wasn’t the only legislation enacted that month. About a week earlier, President Obama signed the HIRE Act. An employee qualifies for payroll-tax breaks if he or she:
• Starts work after Feb. 3, 2010, and before Jan. 1, 2011;
• Wasn’t employed for more than 40 hours during the 60-day period before the start date (and signs an affidavit to that effect);
• Doesn’t replace an existing employee (except one who quits voluntarily or is fired for cause); and
• Isn’t related to the employer or to an individual who owns more than 50% of the business.
Qualified employees include previously laid-off workers that you rehire, provided they meet the above requirements. Employment can be full-time or part-time, but the more hours a qualified employee works, the greater the benefits.
If you hire qualified employees, you’re exempt from the 6.2% Social Security portion of Federal Insurance Contributions Act (FICA) taxes on wages you pay them for work performed after the HIRE act was enacted (March 18, 2010) through the end of 2010. Based on the current Social Security taxable wage base of $106,800, the maximum tax benefit is $6,622 per qualified employee.
For each employee qualifying for the payroll tax break whom you keep on the payroll for at least 52 consecutive weeks, you’re entitled to a tax credit of up to $1,000 on your 2011 income-tax return. To qualify for the credit, an employee’s wages for the second half of the 52-week period must be at least 80% of his or her wages for the first half of the period. Even if a new hire leaves voluntarily before 52 consecutive weeks are up, no retention credit is received for that hire.
To prevent employers from claiming the full $1,000 credit for employees who do minimal part-time work, the amount of the credit is the lesser of $1,000 or 6.2% of a qualified employee’s wages during the 52-week period. Put another way, new hires who earn more than $16,129 during that period qualify for the full $1,000 credit.
Now let’s look at the rules for the WOTC, which is a dollar-for-dollar reduction in federal tax liability — ranging from $1,200 to $9,000 per new hire — for companies that hire people from disadvantaged groups, including certain youth, public-assistance recipients, and veterans.
The credit’s requirements are detailed and specific. Generally, new hires who belong to one of these groups qualify:
• Short- and long-term recipients of Temporary Assistance for Needy Families (TANF) benefits;
• Veterans who are disabled or unemployed, or receive food stamps;
• Ex-felons hired within one year after conviction or release from prison;
• Individuals age 18 to 39 who live in empowerment zones, enterprise communities, or renewal communities (‘designated communities’);
• Disabled individuals referred after completion of a qualified vocational rehabilitation program;
• Summer youth employees age 16 or 17 who live in designated communities and work at least 90 days between May 1 and Sept. 15;
• Individuals age 18 to 39 who receive food stamps;
• Individuals receiving Supplemental Security Income (SSI) benefits; and
• ‘Disconnected youths’ ages 16 to 24 who aren’t in school, employed, or readily employable due to a lack of basic skills.
Each target group is subject to specific requirements, so it’s important to do your homework to see whether any of your new hires qualify.
Generally, the credit reduces the employer’s wage deduction dollar-for-dollar. The reduction is required even if you can’t take the full amount of the credit in the current year and must carry it back or forward.
For long-term TANF recipients, the maximum credit is 40% of first-year wages up to $10,000 (a $4,000 credit), plus 50% of second-year wages up to $10,000 (a $5,000 credit, so there’s a maximum credit of $9,000 over a two-year period). Formerly known as the welfare-to-work credit, this credit was combined with the WOTC a few years ago.
The maximum WOTC is available for employees who work 400 hours or more during their first year of employment. A partial credit equal to 25% of qualifying wages is available for those who work between 120 and 399 hours.
To obtain the WOTC, you first need to complete and file various federal forms when hiring a qualifying employee. Once the employee has worked the required number of hours, you can claim the credit on your company’s next income-tax return. You also may be eligible for state credits or other incentives. Your tax advisor can help guide you through the process. Although it’s complicated, the tax savings can be well worth the effort.
Wages you pay to a worker who qualifies for the HIRE Act’s payroll-tax exemption don’t qualify for the Work Opportunity Tax Credit unless you elect not to claim the payroll-tax exemption. So it’s important to select the tax break that provides the greater benefit.
For some new employees, the WOTC will provide a greater benefit than the HIRE act’s payroll-tax exemption. Suppose, for example, that you hire a new employee on July 1, 2010, at an annual salary of $50,000, and the employee qualifies for both tax breaks. The payroll tax exemption would provide tax savings of $25,000 × 6.2%, or $1,550. In this case, you’d be better off opting out and claiming the $2,400 WOTC.

Kristina Drzal-Houghton, CPA MST is the partner in charge of Taxation at Holyoke-based Meyers Brothers Kalicka, P.C.: (413) 536-8510.

Sections Supplements
Job Outlook Brightens for Graduates … Who Have Planned Ahead

College Try

College Try

In decades past, getting a good job was often a matter of choosing a hot career field and getting into a well-regarded college program, and offers would follow. But in recent years, amid a crushing recession, new graduates have encountered a far more competitive job market. Prospects seem to be improving for the class of 2011, however — especially graduates who have paved their path with a steady diet of work experience while in college.

College used to be a time to prepare for the work world. These days, the lines between the two have been blurred, with work experience becoming a more prominent part of one’s education.
And those who graduate without that experience are finding themselves at risk to a greater degree than ever before.
“It’s become more competitive,” said Deborah Pace, director for Employer Relations at Western New England College, “and if an employer looks at a student with a business background who interned for a semester or two, and then one who didn’t, and they both interview well and present themselves well, more than likely they’re going to hire the student who did the internship.”
Internships are nothing new, but they’re an especially hot topic today, as a still-tight job market has allowed employers to be choosier with applicants, and they’re increasingly focusing on the volume and quality of work experience a college student has amassed before donning that cap and gown.
“Multiple internships are becoming very important now,” said Nicholas Wegman, executive director of the Chase Career Center at UMass Amherst. “It used to be that having an internship would get you an edge; now, it’s almost assumed that business students will have an internship, and the buzzword is multiple internships.
“There are lots of opportunities for experiential learning — doing a project for a small business or going out to a manufacturing site or a distribution center, or doing Web-based projects, interactive marketing, or social-media marketing,” he added. “These are things you can reference on your résumé and that give you something positive to say in an interview.”
Most observers of the employment landscape say things are looking up for the class of 2011, at least compared to the past two years. But progress in the marketplace has been gradual, and the recession has in some ways forged a new reality: yes, jobs might be available for new graduates, but the days of taking them for granted are, at least for now, a thing of the past.
First, the good news: even amid the persistent stagnancy of the job market, this year’s college graduates seem to have more options than last spring’s crop. According to the Job Outlook 2011 survey conducted by the National Assoc. of Colleges and Employers (NACE) last fall, companies anticipate hiring 13.5% more new college graduates from the class of 2011 than they hired from the class of 2010.
However, the improved expectations are not across the board; in fact, only 48% of responding employers expect to increase hiring at all. Meanwhile, 40% plan to maintain last year’s pace of hiring new graduates, and 12% anticipate reducing hiring among this age group. The odds of landing a job vary by region of the U.S., too; according to NACE, Pace pointed out, the Midwest promises to be more fertile ground than the Northeast when it comes to hiring graduates.

Pamela White

Pamela White says she has seen interest in internships rise over the past few years, among both students and employers.

“I think it’s going to be challenging,” said Pamela White, director of Cooperative Education, Career Services, and Transfer Affairs at Springfield Technical Community College. “For some fields, it seems to be a little better. Obviously, in health care there always seem to be more opportunities, but even in that field we’ve seen some challenges.”
For this issue, BusinessWest gazes upon the landscape being contemplated by the collegiate class of 2011, why there’s reason for optimism, but also why students who have not adequately trained for their future might be nervous about what awaits them this spring.

Looking Up
The Chase Career Center, as a department of the Eisenberg School of Management at UMass, serves about 3,400 undergraduate students in various business fields, from accounting and finance to management and marketing, so Wegman has the pulse of a variety of fields — and he likes what he hears.
“The indications I have are that the market is going to be a little better than it was last year, and certainly much better than it was the year before that,” he told BusinessWest. But there’s a caveat, one that can be frustrating for students anxious to line up jobs for the spring.
“I think the market is developing a little later,” he said, explaining that, in the past, recruiters would descend upon campus early each school year, in the fall, because competition for top students was high, and they wanted to get offers out as soon as possible. Now, companies are waiting until the spring, in many cases, because they don’t want to commit to new staff seven or eight months out, with their own balance sheets in flux due to an uncertain economy.
“When so many offers were made in the fall,” Wegman continued, “there was an expectation — even a little subtle pressure — for those students to commit. Their parents liked it, and the companies liked it. Now, they’re cycling back and making job offers more closely aligned to their market situation. They’re not as anxious to make offers in the fall.”
Pace — who regularly tracks information from NACE, and has also been involved in many job fairs, including last fall’s regional College 2 Career Expo — sees a mixed picture for graduates.
“We had about 50 employers [at the expo], and they were looking for students with all backgrounds — arts and sciences, business and engineering majors. And jobs are still available. But in the Knowledge Corridor, we’ve seen some decreases.”
She pointed to population growth in Massachusetts that has trailed behind other states, and anecdotal evidence, such as fewer companies participating in local chamber of commerce breakfasts, as signs that graduates may have to set their sights on other regions of the country where business is expanding more rapidly. But some fields remain strong in Massachusetts. She told of an accounting student who began doing projects for a local firm before graduation, and recently received an attractive job offer.
“They weren’t going to let him get away,” Pace said. “If you have an accounting or financial background, a good GPA, and excellent interviewing skills, they’re going to scoop you right up. Those graduates are still in high demand.”

Test Drive
But in that case and so many others, gaining real-world experience is key — moreso, perhaps, than ever before, White said, as employers seek to test-drive potential employees before making a commitment. Of course, internships also benefit companies in the short term.
“Many have some projects that need to be completed,” she noted, “but they don’t have funds in the budget to hire someone, so they’re seeking out college students to help fill that gap.
“I’ve seen a real increase in students seeking out internship opportunities,” she added. “More and more employers have been requesting interns than in the past. Given our population [at a two-year college], the majority of students are either working or need to work, and they’re receptive to the idea. I’ve had more and more students coming through who want to find internships, just to have that competitive edge, something on the résumé. They clearly understand the level of competition right now, and they’re doing what it takes to get experience.”
Pace agreed that internships have become more prominent over the past three years or so. “Definitely, employers would like to see internships on students’ résumés, and then be able to talk about that experience,” she told BusinessWest.
And for most students, she noted, getting that sort of experience shouldn’t be too difficult. “There are more than enough employers in the region for students to do internships.”
Given the opportunities available, Wegman says today’s business students are encouraged to start building a portfolio of these work-related experiences, transferable skills, and leadership roles starting freshman year — and they’re arriving on campus willing to do just that.
“We are finding that students are more invested, more interested” in their long-term outlook, he said, and parental encouragement to set career goals early and work hard to reach them seems to be a factor.
“They’re thinking about internships earlier, understanding some of the language of corporate America earlier, interacting with recruiters and companies earlier,” Wegman added. “They know they have to do that; it’s not such a big surprise to them anymore. And we’re trying to get our students involved with corporate recruiters and business representatives, and into internships, from their freshman and sophomore years.”

Attitude Adjustment
Considering the challenges they’re facing in a somewhat reordered economy, Pace was frank about the fact that many Millennials, the generation that includes the class of 2011, need an attitude adjustment before entering the work world, having grown up hearing stories of Silicon Valley employees kicking back at work in pajamas and slippers.
“Most industries aren’t like that,” she laughed. “Companies expect you to show up on time, fully clothed with a nice suit, with a service-minded attitude.”
What does that have to do with graduates’ employment outlook? Simply put, perceptions of this generation as entitled and transitory — earned or not — could be suppressing the number of entry-level jobs available to them.
“Some companies are hiring older people because they know they come to work on time and respect the workplace,” Pace said. “They know younger people take a job for a year and leave — they job-hop; they don’t want the onus of staying on a job for at least five years. That creates problems for employers, who need to spend money recruiting and then retrain and acclimate a new employee to the company.”
That presents opportunities for applicants who are able to project the right combination of maturity and experience, regardless of their age, and often community-college students fit that mold, STCC’s White said.
“We think our students are really qualified and able to compete for a lot of opportunities with people at four-year colleges,” she argued. “Employers know that these students are just as able to compete one-on-one with other students at four-year schools.”
For graduates with an adventurous streak, Pace said, the world of entrepreneurship holds promise, although their path carries more risk. Western Mass. has long boasted a strong tradition of business startups, and uncertainty in the employment market may be persuading some to create their own jobs.
“Here at Western New England College, that’s built into the curriculum — doing a business plan,” she said. “A lot of students say they want to get a business degree, then start their own business after they graduate, especially if the startup costs are low.”
But that general feeling of uncertainty in the job market may be lifting just a bit. Wegman has noticed a little more restlessness in his school’s graduate students after a few years in which workers not satisfied with their careers have often been unwilling to make a move and sacrifice their current job security.
“My sense now is that, after several years of being static, people are re-energized about making a change of company, or retool and move up, as opposed to the sense that, ‘this is a good job; I should stay focused on this.’”
And so the employment cycle continues — upward, by most accounts. But just in case, it wouldn’t hurt to pad that résumé a little more.

Joseph Bednar can be reached at [email protected]