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HCC Offers Free Culinary-hospitality Training to the Unemployed

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Daily News

HOLYOKE — Holyoke Community College (HCC) is using a $190,000 grant from the state’s Workforce Competitive Trust Fund to train unemployed and underemployed people for new jobs in the culinary and hospitality industry.

The program is free to participants, who must commit to attend classes every day for nine weeks, Monday through Friday from 9 a.m. to 2 p.m. The course teaches them fundamental culinary skills and exposes them to a wide variety of careers in hospitality, including hotel operations.

“It’s a hands-on opportunity to try out a lot of things and find out what their interests and aptitudes are,” said Kermit Dunkelberg, HCC’s assistant vice president of Adult Basic Education and Workforce Development. “Another key part of the program is that, when it ends, they have to let us help them find a job.”

The Massachusetts Executive Office of Labor and Workforce Development announced the grant earlier this year. Commonwealth Corp., a quasi-public state agency that fosters partnerships between industry, education, and workforce organizations, administers the Workforce Competitive Trust Fund.

Students graduate from the program with four key credentials: ServSafe and OSHA-10 certifications, which show they have been trained in safe food handling and workplace safety; TIPS certification, which allows them to serve alcohol; and a National Career Readiness certification, which demonstrates they possess fundamental workplace skills.

The first cohort of students started in October and will celebrate their graduation today, Dec. 15, as they prepare and serve a noontime meal for family and friends at Food 101 Bar & Bistro in South Hadley. The restaurant is owned by chef Alan Anischik, who serves as the main instructor for the program.

Most of the classes meet at Dean Technical High School in Holyoke. Last week, in preparation for the graduation celebration, the class met at Food 101.

In addition to cooking techniques, the program offers lessons in customer-service etiquette, workplace communication, conflict resolution, product purchasing and receiving, and food and wine pairing.

During the course, students had the opportunity to attend a job seminar with representatives from MGM Resorts to learn about future employment opportunities at the casino now under construction in Springfield. They also participated in speed interviews with local employers from the restaurant and hotel industry.

The next program cohort begins March 23. Anyone interested should contact Milissa Daniels at (413) 552-2042.

Know Your Rights When an Insurance Company Reserves Its Rights

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Employment Sections

Make Sure You’re Covered

 By Timothy M. Netkovick, Esq.

 

Timothy Netkovick

Timothy Netkovick

Many employers with employment-practices liability insurance (EPLI) and directors and officers liability insurance (D&O) policies know too well that they often face a frustrating struggle when reporting the fact that a lawsuit has been filed to their insurance company.

As an employer, being faced with employment litigation is challenging enough, but then being told that you have to work with an attorney you have never met, who may not be locally located, is extremely frustrating. Employers are frequently told they have to use the attorney their insurance company tells them to use. This, however, is contrary to Massachusetts law when an insurance company reserves its rights. In fact, under Massachusetts law, the insured can choose its own counsel in that scenario.

The insurance company will frequently reserve its rights upon initial receipt of a claim. It will then send a reservation-of-rights letter, advising its insured (you) that it will provide a defense of the claim while simultaneously reserving its right to deny coverage of the claim. This means that, while the insurance company will provide a defense right now, it is reserving its right to deny coverage of the claim after it learns additional information, which could leave you exposed to liability with little or no insurance coverage at a later date.

Many employers know that one issue that periodically arises with insurance companies is their insistence on having the insurance company’s attorneys defend a claim, even when the insurance company is reserving its rights. The insurance company you are dealing with could be located in another state, where the laws governing insurance companies may be different, and the insurance company could try to bully you into selecting an attorney that the insurance company selects. That attorney could be at a big firm in a big city, and you may prefer to be represented by a local attorney who knows your business.

If your attorney has been representing you in the matter prior to litigation being filed, it may also not be in your best interest for the insurance company’s attorney to become involved from the standpoint of cost and familiarity with the claim. In a reservation-of-rights scenario, you have the right to choose your own counsel. Massachusetts courts have ruled that an insurance company cannot insist on using its own attorneys to defend a case when it is reserving its right to deny coverage, as it has the potential to adversely affect the insured’s rights.

When an insurance company says it is going to fund a defense, it means it will pay the legal fees and costs associated with defending the claim. Depending upon the language of your individual insurance policy, your company will likely be responsible for paying legal fees until your deductible is reached. The insurance company would pay all legal fees once the deductible is exceeded.

Let’s assume your insurance company is providing you a defense under a reservation of rights, and then decides to deny coverage based upon facts it learns as the case develops. What happens to your company? In this scenario, timing is key. Massachusetts courts have ruled that an insurance company can be barred from denying coverage in a scenario where the insurance company learns of facts upon which it could deny coverage, then takes no action to inform its insured it will deny coverage until months, or years, later.

Many employers are also familiar with their insurance company trying to force the settlement of a claim during litigation. The insurance company recommends settlement of the claim based upon its bottom line by performing a financial analysis of the potential settlement amount against the cost of paying the legal fees and costs associated with the continued defense of the claim and the risk to its insured.

However, if the insured believes the claim is meritless, a settlement may not be in the insured’s best interest. If a settlement is paid, then the insured’s premiums will increase, whereas, if the claim was taken to trial and the insured prevailed, its premiums would not increase.

Often, employers think they are at the mercy of the insurance company when it comes to decisions made in litigation. As an employer, it is important to know your rights under EPLI and D&O insurance policies. Decisions made in litigation have an impact on your business, your employee relations, your reputation, and your bottom line.

Timothy M. Netkovick, Esq. specializes exclusively in management-side labor and employment law at Royal, P.C., a woman-owned, boutique, management-side labor and employment law firm, which is certified as a women’s business enterprise with the Massachusetts Supplier Diversity Office and the National Assoc. of Minority and Women Owned Law Firms; (413) 586-2288; [email protected]

Court Dockets

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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 District Court

Phillips Feed Service Inc. d/b/a Phillips Feed & Pet Supply v. SWOL Enterprises Inc. d/b/a Your Pets Choice
Allegation: Monies owed for goods sold and delivered: $20,769.12
Filed: 11/14/16

Gerry Proulx v. Studio 20 Salon, Jennifer Venne, Jesse Shaw, and Gail Grandon
Allegation: Breach of conduct, unjust enrichment: $26,565
Filed: 11/16/16

Ivia Martinez v. Friendly Ride Transportation Inc.
Allegation: Failure to pay minimum wage and overtime wages and retailiation resulting in wrongful termination: $20,000
Filed: 11/16/16

Suzanne Baldyga v. Wal-Mart Stores Inc.
Allegation: Slip and fall causing injury: $6,085
Filed: 11/16/16

Liberty Mutual Fire Co. v.  Pro Design & Construction, LLC
Allegation: Monies owed for premiums on workers’ compensation policies: $21,831.55
Filed: 11/17/16

Hampden Superior Court

Benjamin Mungin III and Theresa M. Mungin v.  Kittredge Equipment Co.
Allegation: Negligent handling of large, heavy object causing injury: $72,413.74
Filed: 11/7/16

Kevin Merchant v.  City of Springfield, Springfield Police Department, and Commissioner William Fitchet
Allegation: Wrongful employment termination: $250,000
Filed: 11/14/16

Anthony Stone v.  Pioneer Valley Transit Authority
Allegation: Motor-vehicle negligence causing injury: $12,602.89
Filed: 11/14/16

Donna Utter v.  Macy’s Inc., Macy’s East Inc., and Macy’s Retail Holdings Inc.
Allegation: Slip and fall causing injury: $49,022.34
Filed: 11/18/16

Meliza Vasquez v.  CNI Corp. and Garden Park Management Co. Inc.
Allegation: Slip and fall causing injury: $195,000
Filed: 11/23/16

Sage Engineering & Contracting Inc. v. Sunset Properties, LLC
Allegation: Monies owed for services, labor, and materials: $449,816
Filed: 11/23/16

Marijuana Measure Brings Far More Questions than Answers

By
cover1116bfeature
Cover Story

Seeing Through the Smoke

page6marijuanadpOn Nov. 8, voters said ‘yes’ to Question 4, the so-called Massachusetts Marijuana Legalization Initiative. But that’s all they said ‘yes’ to. What happens now, concerning everything from whether marijuana shops can be licensed, to where and how many of them, remain somewhat unsettling question marks that municipalities will need to resolve.

Peter Vickery says ballot questions are, for the most part, “blunt instruments.”

And by that he meant that, generally speaking, these questions are broad in meaning, as opposed to sharp, or specific, and are usually to be considered a starting point, with the details to be colored in later.

And so it is with the Massachusetts Marijuana Legalization Initiative, a.k.a. Question 4 on this month’s election ballot. In simple terms, the question asks the voter whether he or she supports a proposal to legalize marijuana but also regulate it in ways similar to alcoholic beverages. And they can only vote ‘yes’ or ‘no,’ said Vickery, an employment law attorney based in Amherst, a community where the vast majority of voters — something approaching 70% — did in fact vote ‘yes.’

But that’s all they voted for, he went on, adding that all those ‘yes’ votes do not mean the town will want or support several marijuana shops in its vibrant downtown — or even one of them.

“People change — opinions change,” he explained. “What people were voting on was a ballot question. And what ballot questions do is let you vote ‘yes’ or ‘no.’ You know by the end of the election that the people have spoken, but it’s not always easy to tell what they’ve said.

“What they’ve said in Amherst is ‘yes’ to Question 4,” he went on. “But whether they thought ‘yes’ to Question 4 in terms of wanting several marijuana shops in our downtown — I don’t really know if that’s what they were voting in favor of.”

Peter Vickery

Peter Vickery describes ballot questions as ‘blunt instruments,’ short on needed specifics.

And this sentiment essentially dominates every corner of the state, where the phrase ‘I don’t really know’ is being uttered by all kinds of people concerning all manner of topics related to recreational marijuana and its legalization — from how to license and tax those seeking to set up shops, to how many jobs this industry (and it can certainly be called that now) will create in the Bay State.

Springfield Mayor Domenic Sarno, in a published press release and also follow-up remarks to BusinessWest, probably spoke for every elected official in the state when he said, “we’re in uncharted waters, and in such should take a step back, maybe a proper time-limited moratorium, so that we can proceed with extreme caution.”

The mayor, who wasn’t shy in his opposition to the question before the election, went on to say that before municipalities like Springfield do anything with regard to this measure, the state has to come forward and perhaps eliminate or mitigate many of the question marks that now define this matter.

“I do believe that the state must look at a more progressive tax to deal with all the — pardon the pun — headaches of eventual expenses vs. revenues,” said Sarno, citing issues ranging from public safety enforcement to employment and addiction issues, and more, adding that until such specifics are known, the city is in many ways operating in the dark.

And that hardly makes it unique among the state’s 351 municipalties, most of which are trying to shed some light — or at least some conjecture — on the matter.

That was the goal of one presentation in Amherst a few weeks ago, a conversation moderated by Vickery and hosted by the Business Leadership for Amherst Area Strategies (BLAAST).

 

Dominic Sarno

Dominic Sarno

I do believe that the state must look at a more progressive tax to deal with all the — pardon the pun — headaches of eventual expenses vs. revenues.”

 

The program included the city’s police chief, a former marijuana retailer from Colorado, a member of the state’s opioid taskforce, and one of the authors of the ballot question, said Tim O’Brien, president of the Amherst area Chamber of Commerce, adding that it’s a good example of the kind of fact-checking and opinion-taking that all cities and towns should embark upon as they consider how to best live with Question 4.

“Something that was illegal is now legal, and we have to ready to observe some change,” he said. “There may be some unintended consequences, but we’ll have to deal with those. There are a great many unknowns at this point.”

For this issue, BusinessWest tries to answer some of the questions concerning the marijuana law and its implications for municipalities and businesses alike. But, and this will become clear in the course of this discussion, specific answers are difficult to come by.

Joint Concerns

So perhaps it’s best to start with what we do know, which, all things considered, isn’t much apparently.

Here’s how the ballot question’s official summary reads:

The proposed law would permit the possession, use, distribution, and cultivation of marijuana in limited amounts by persons age 21 and older and would remove criminal penalties for such activities. It would provide for the regulation of commerce in marijuana, marijuana accessories, and marijuana products and for the taxation of proceeds from sales of these items.

The proposed law would authorize persons at least 21 years old to possess up to one ounce of marijuana outside of their residences; possess up to 10 ounces of marijuana inside their residences; grow up to six marijuana plants in their residences; give one ounce or less of marijuana to a person at least 21 years old without payment; possess, produce or transfer hemp; or make or transfer items related to marijuana use, storage, cultivation, or processing.

The measure would create a Cannabis Control Commission of three members appointed by the state Treasurer which would generally administer the law governing marijuana use and distribution, promulgate regulations, and be responsible for the licensing of marijuana commercial establishments. The proposed law would also create a Cannabis Advisory Board of 15 members appointed by the governor. The Cannabis Control Commission would adopt regulations governing licensing qualifications; security; record keeping; health and safety standards; packaging and labeling; testing; advertising and displays; required inspections; and such other matters as the Commission considers appropriate. The records of the Commission would be public records.

The proposed law would authorize cities and towns to adopt reasonable restrictions on the time, place, and manner of operating marijuana businesses and to limit the number of marijuana establishments in their communities. A city or town could hold a local vote to determine whether to permit the selling of marijuana and marijuana products for consumption on the premises at commercial establishments.

The proceeds of retail sales of marijuana and marijuana products would be subject to the state sales tax and an additional excise tax of 3.75%. A city or town could impose a separate tax of up to 2%. Revenue received from the additional state excise tax or from license application fees and civil penalties for violations of this law would be deposited in a Marijuana Regulation Fund and would be used subject to appropriation for administration of the proposed law. Marijuana-related activities authorized under this proposed law could not be a basis for adverse orders in child welfare cases absent clear and convincing evidence that such activities had created an unreasonable danger to the safety of a minor child. The proposed law would not affect existing law regarding medical marijuana treatment centers or the operation of motor vehicles while under the influence.

It would permit property owners to prohibit the use, sale, or production of marijuana on their premises (with an exception that landlords cannot prohibit consumption by tenants of marijuana by means other than by smoking); and would permit employers to prohibit the consumption of marijuana by employees in the workplace. State and local governments could continue to restrict uses in public buildings or at or near schools. Supplying marijuana to persons under age 21 would be unlawful.

The proposed law would take effect on Dec. 15, 2016.

So given all that, what do we know? Well, for starters, we know that marijuana use is still forbidden by federal law, a not-so-minor detail that impacts a great many of those question marks moving forward.

And we know that, contrary to what some might believe, the new law does not enable individuals to show up at the workplace stoned — just as they can’t show up drunk. Those basic laws of the business world still exist.

After that, there is mostly just speculation and concern, perhaps in equal quantities. For example:

• Elected officials in border communities are already concerned that people will drive across state lines to buy marijuana products in their municipality — and then drive back to where they came from, perhaps after they’ve consumed some of those products, creating public safety issues;

• Health officials are concerned about the potential impact of the measure on everything from hospital emergency rooms (Colorado, which legalized marijuana four years ago, has experienced a significant jump in patients seeking emergency medical treatment for complications related to suspected marijuana use) to the health of young children, especially with regard to one segment of marijuana products known as ‘chewables;’

• Employers and employer groups are concerned that the new law (while it doesn’t green-light being under the influence on the job) may blur some of the previously sharp lines when it comes to drug testing and other matters.

As Sarno said — and he’s far from the only public official to use the term — these are uncharted and somewhat dangerous waters.

“The people have spoken, so we’ll move forward accordingly,” said the mayor. “What I’m concerned about is that the state has yet to get it in gear and issue any specifics on this.”

Actually, he listed a number of concerns, from employment law matters, to worries about increased drug addiction, to the many hidden costs that may result from this measure.

“I keep hearing that the costs of this program really outweigh the revenues,” he went on. “And who does that fall upon? The municipalities.”

Look West, Young Man

To navigate these uncharted waters, cities, towns, individual elected officials, and some business leaders, are looking for some answers, or at least some help in formulating them.

And for most, this means googling ‘Colorado, legalization of marijuana,’ or words to that effect. And there’s plenty to read, which is good, said O’Brien with a laugh, noting that even if there was money in the budget for a trip to the Centennial State — and there isn’t — he would likely be doing his research with his laptop anyway.

“There’s this thing called the Internet, and along with telephones, it does a pretty good job of providing information,” he said, adding that Massachusetts can, and must learn from Colorado about what has worked, why, what hasn’t worked, and what can be done differently.

Bob Nakosteen

Bob Nakosteen

They say they have a $1 billion recreational marijuana industry that creates 18,000 jobs; that’s 1, 8, zero, zero, zero. That’s what they say … and this is from the proponents of legalized marijuana, so maybe that has to be taken with a grain of salt.”

 

Bob Nakosteen, a professor of Management at UMass Amherst, who was approached to discuss some of the business ramifications of Question 4, has also turned his attention to Colorado.

Some of the numbers are intriguing, he said, while wondering out loud just how reliable they are.

“They say they have a $1 billion recreational marijuana industry that creates 18,000 jobs; that’s 1, 8, zero, zero, zero,” he said, using some additional emphasis to get his point across. “That’s what they say … and this is from the proponents of legalized marijuana, so maybe that has to be taken with a grain of salt.

“I’m not expecting that many jobs here,” he went on, adding that there is already an infrastructure in place for medical marijuana (made legal in this state a few years ago) and this may impact the number of ‘new’ jobs to result from Question 4’s passage.

What is generally conceded is that the marijuana business will not sprout up like a weed (pun intended), quickly or easily, and the industry locally is almost certain to be dominated by smaller firms, most of them home-grown (another pun) startups or locally owned partnerships, in large part because of the federal ban on marijuana, which makes it difficult to operate in many states.

As Kris Kane, the Boston-based president of the marijuana investment and consulting firm 4Front Ventures, told the Boston Globe recently, “The notion that there are these gigantic, big-money players running in to take this whole thing over is just fiction.

“There’s no Phillip Morris, no Anheuser Busch, no cannibus division at Bank of America,” he went on. “Even the most successful company is still barely in the growth stage.”

Still to be determined in Springfield, Amherst, and everywhere else in the Bay State for that matter, is just how many of these home-grown enterprises will earn the privilege of growing or selling marijuana products, where (meaning which areas will be zoned for such activity), and under what conditions (meaning the specific terms printed on the licenses), said Nakosteen.

He noted that even Amherst, an extremely liberal community dominated by tens of thousands of college students and known to some as the ‘People’s Republic of Amherst,’ is as big a question mark in this regard as the proverbial ‘next town.’

“While Amherst is, in most all ways, a very liberal community, when it comes to business, it can be quite conservative, and I think there would be some resistance to large numbers of marijuana shops,” said Nakosteen, noting that new ventures must generally endure a comprehensive review of their plans and a long list of conditions, architectural and otherwise, before being able to do business. “It will be very interesting to see how it all plays out.”

This is especially true in the downtown, which is quaint and diverse, and therefore a draw for students, their families, professionals, tourists, retirees, and other constituents, said Nakosteen, adding that it competes in many ways with Northampton’s downtown.

And at this time, no one really knows whether a marijuana shop — or two or three — would become a competitive advantage or disadvantage.

“Amherst has enough trouble competing with Northampton anyway, in terms of the attractiveness of downtown for spending money, other than the students at UMass,” he told BusinessWest. “Downtown Amherst has been challenged for as long I’ve been here, and Northampton, as it’s developed, has become the more attractive destination. What would marijuana shops mean for that equation?”

He asked the question, but didn’t feel qualified to answer it, which means he is not unique.

And while Amherst, because it is a liberal college town, is perceived by many to be a litmus test of sorts on the marijuana matter, or a community to be watched, Vickery hopes ample amounts of attention will also be focused on far-less-affluent cities and towns.

“I expect people to watch Amherst, but I would hope that they would not watch it exclusively, and would also look for the impact on less-affluent communities like Holyoke and Springfield, and also Orange and Athol,” he said. “There is already a huge addiction and substance abuse problem in those communities. I think Amherst will be able to cope, but other communities that are less well-off will bear the brunt of policies designed for the comfort of the middle class.”

Where There’s Smoke …

Returning to his comments about ballot questions being blunt instruments, Vickery said Amherst, and other communities across the state, will find out just how blunt.

“As the implications become more manifest, as the town starts to consider over the next few years what the ramifications might be for the downtown Amherst economy and the impact on the wider community, from the standpoint of public health, public safety, etc., that 70% may be chimerical,” he explained. “It may be 70% in favor of the state-wide law, but in our backyards … that’s a much different question.”

And certainly only one of many hanging over the ballot measure and what will happen because of it.

As Sarno noted, Springfield, like most all communities to be sure, will be taking some steps back before it takes any forward in this uncharted territory.

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

At the Gaudreau Group, Women Have Thrived in Non-traditional Roles

By
gaudreaugroupbw1116b
Sections Women in Businesss

The Producers

Gaudreau Group

Jules Gaudreau stands in the middle of a long line of women in key positions at the Gaudreau Group.

The Gaudreau Group in Wilbraham is like most other insurance and financial service agencies in terms of the products and services it offers to clients. It is different, though, in the fact that an extraordinarily large number of high-level positions have been filled by women. This development wasn’t exactly planned, but then again, it wasn’t really an accident, either.

Jules Gaudreau has been in the financial services field for more than three decades, more than enough time to know that this industry has moved well beyond that old catch-phrase ‘the insurance man.’

Until fairly recently, it was, in fact, a man who sold you insurance and updated your account when it needed updating, said Gaudreau, adding that while women have been a big part of this business for decades, their roles were generally restricted to service work, especially in personal lines.

That’s were. Indeed one doesn’t hear that phrase ‘insurance man’ much anymore. And this is especially true at Gaudreau, where one might only hear it in the context in which the company’s president used it — as an anachronistic descriptor better suited to another decade.

And also, and this is more important, that phrase wouldn’t in any way be an accurate method of describing the workforce at this Wilbraham-based company.

The firm has what would, by almost any measure, be considered a large and impressive number of women in top positions, with many of them serving as ‘producers,’ as they’re called in this business.

This development wasn’t exactly planned, meaning the company didn’t set out to create this kind of gender balance in such positions, said Gaudreau, adding quickly that it didn’t really come about by accident, either.

Instead, the current situation materialized through an atmosphere that certainly encourages women to consider and then seek out producer roles, said Gaudreau. But more importantly, it developed because of solid role models, effective mentoring, teamwork, and the success of those who have put some non-traditional titles next to their names on their business cards.

“I really believe in a meritocracy,” he explained. “The women in my firm are where they are because they’re really good at what they do. They just happen to be female.”

BusinessWest talked with three of these women, all producers. They have different stories, and took different paths to get where they are, but there are many common denominators — from simple business ambition to a desire to work in a position where they can help people.

Judy Davis

Judy Davis

Judy Davis, an employee-benefits strategy advisor, was a long-time dental hygienist when she decided she needed something else. “I didn’t want to be in a room looking inside mouths all day — and people didn’t seem to like my bubbly personality,” she explained, adding that she segued into financial services and has spent the past 34 years in the field, never once choosing to look back.

“I answered an ad in the paper, back when there were help-wanted ads in the paper, and was hired by a very powerful MassMutual agent, and worked for him for two years,” she explained. “I was a sponge; I just loved insurance — I really became interested in the field.”

She said she’s been recruited to several jobs within the industry — joining Gaudreau this past spring — and at each stop “wanted to be the boss; I wanted to be in charge, a leader in the business.”

Jenny MacKay

Jenny MacKay

Jenny MacKay, a member of BusinessWest’s most recent 40 Under Forty class, had mostly the same career goals, only she didn’t have to shift her employment focus. She was still a student at Western New England University, majoring in financial services, and not at all sure what she would do with her degree, when she attended a presentation by a panel of speakers comprised of WNEU management graduates.

One of them was working for Northwestern Mutual, and her remarks certainly caught MacKay’s attention.

“He started out in the internship program at Northwestern, and he walked into the downtown Springfield office, saw its high ceilings, beautiful offices, powerful people, and everyone driving a Lexus,” she recalled. “And he said, ‘I wanted to drive a Lexus, so I started an internship there.’ And before the talk was over, I decided I want to drive a Lexus, too, and I started an internship there.”

Moving the story forward, she said she had a license to sell insurance before she could legally buy alcohol.

Tracy Goodman

Tracy Goodman

As for Tracy Goodman, she refers to her present role in personal insurance sales as an “accidental career,” but also “where I should be,” which means this isn’t really an accident.

She started out in human resources, took some time out to raise a family, and, during that time, realized that she needed to get back in the business world. She began at an AFLACK office, and soon after arriving a manager asked what she was doing behind a desk when she should be out selling. And that’s what she’s been doing ever since.

For this issue and its focus on Women in Business, we talked at length with Davis, MacKay, and Goodman about not only their success in this field, but also why women can, and usually do, thrive in these roles and consider them an attractive career option.

Policy Shift

To help explain the way things are now (especially at his firm), and why, Gaudreau first did some flashing back 40 or 50 years ago, using his own memory and anecdotal evidence to get his points across.

“When I first came into the business, what women did was serve as service people,” he explained. “Most of it was because that’s where women entering the workforce in the 1940s went — service.

“MassMutual had these giant typing pools, huge rooms filled with women,” he went on. “When you needed something typed, you’d hit a button, and one of the people who didn’t have anything to type came up and grabbed what you needed done. It was very random.”

Things changed, he went on, because the modern consumer changed, he told BusinessWest, and so did selling methods to a large degree.

“It’s not about telling and yelling and selling anymore, which was the traditional optic of what the insurance guy was like — the insurance man,” he went on. “Telling people and then selling them — that’s what’s he did. Today, it’s much more consultative, and I think women have much more ability to listen, to learn, build rapport, and solve problems. What people are looking for is servant leadership; they’re looking for people to listen to them and solve their problems, as opposed to telling people things.”

Davis agreed, and, without stereotyping either gender, said women, by and large, possess more of the qualities customers are looking for in a salesperson, especially those related to listening and solving problems.

“I have a very large book of business in employee benefits and passion for my clients,” she explained. “I think my clients feel that, and this is what helps us become successful women in business.”

She said employee benefits has become a very complex matter in recent years, especially for smaller companies that lack their own, dedicated human resources department, and must navigate a sea of products, programs, and corresponding acronyms, themselves.

Such firms need a partner, she said, and women possess many of the skills required to serve in that role.

“We’re an extension of a human resource department,” she explained, “and people value our input.”

MacKay concurred, noting that early on (remember, she got her insurance license at age 20) she decided she would rather work with business owners than a husband-and-wife team gathered around the conference room table.

“Business owners just seem to get it and understand why insurance and financial services is important,” she explained. “And this led me down the path to employee benefits, because I could then work with business owners on a regular basis. My problem was I didn’t know anything about health insurance.”

Suffice it to say, she’s learned, first while serving the accounts of producers, and then becoming one herself.

Summing up her career to date, she said she always possessed an interest in financial services — and in selling — but needed some direction when it came to determining that this is what she should be selling.

Sales Force

Goodman’s story is somewhat similar. When she was told that she shouldn’t be behind a desk and should instead be out selling, she had her doubts, to say the least.

“I laughed and said ‘that’s ridiculous,’” she recalled. “I went home, and every single person in my family and personal world said ‘thank God you finally realized that you’re supposed to sell.’

“I started winning trips, doing great, and meeting all my numbers,” she went on, adding that she was recruited by another insurance company to grow personal lines before joining Gaudreau last April.

She said that while her story is unique in some ways, there are many women who don’t believe they should be in sales or financial services, for whatever reasons, and they are possibly overlooking a career option that enables them to put their strengths to work in a way that’s rewarding on many levels.

She summed it up by relating a recent meeting with a client that speaks to not only her acquired talents, but the basic skills possessed by many women — whether they know it or not.

“I sat down with a business owner and we walked through all of his insurance, and the end, he said ‘I have been waiting for years for someone like you to help me understand what I have, what I need, and what kind of coverage I should own.’

“I like that challenge,” she went on, hinting strongly that other women might, as well. “Every case for me is different, and I like solving the problem and closing the sale.”

MacKay echoed those thoughts, adding that sales work is, in many ways, entrepreneurial in nature, and many women have such tendencies — again, whether they know it or not.

“I came from a family of all entrepreneurs,” she said, noting that they all own different court-reporting operations. “So I grew up with the entrepreneurial spirit of freedom of work, working for yourself, making your own decisions about how you spend your valuable time.

“This role here allows me the best of both worlds,” she went on. “I get to work for an employer where there’s training and there’s leadership, and someone to hold my hand and teach me new things, so I’m not completely out there on my own. But as a producer, I’m in charge of my own income destiny, I’m in charge of my own time, I can make my own decisions about what I want to be and what I want to do. Many women would thrive in such situations.”

The Bottom Line

MacKay actually eschewed the Lexus in favor of a BMW. But the point to the exercise hasn’t changed, even if the hood ornament has.

There are rewards in sales and across the broad financial services sector, she and the others we spoke with said using one clear voice. Sometimes women get into this field by accident, but success doesn’t come accidentally.

It comes from hard work, listening to the client, and working in a partnership to solve a problem. These are talents that most women possess or can attain, and therefore they should not close the door on this career option.

By being proactive — and entrepreneurial — they can further retire that phrase ‘insurance man.’

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

Doherty, Wallace, Pillsbury & Murphy Thrives in a Shifting Law Landscape

By
Law Sections

Courting Change

Shareholders A Craig Brown, right, and Michael Sweet

Shareholders A Craig Brown, right, and Michael Sweet, like most of the attorneys at Doherty Wallace Pillsbury & Murphy have a number of practice areas.

When four respected attorneys came together 49 years ago to form Doherty, Wallace, Pillsbury & Murphy, they had solid ideas about where they would focus their practice. But in the decades since, this Springfield-based institution, while still true to its corporate and litigation roots, has become far more nimble, specialized, and adaptable to changes in the legal field driven by regulatory shifts, technological advances, and evolving client needs. In doing so, it has forged one of the region’s true local success stories.

Laws, as any attorney knows, are far from static. And a law firm that wants to not only survive, but thrive and grow over five decades must recognize how to pivot and adapt.

Take, for example, education law, an area where Doherty, Wallace, Pillsbury & Murphy has bolstered its roster of attorneys in recent years.

“The business of running a school or college is subject to more regulation than you would ever believe,” said shareholder Craig Brown, noting that the firm’s clients include American International College, Williston Northampton School, and Wilbraham & Monson Academy. “They have to sort through a lot of regulatory challenges, and they have a lot of employment-law issues right now. At AIC, they’re wrestling with the idea of shared governance; the faculty feels they have a voice in decision making that affects the academic side of the house. Where is the line drawn?”

Another recent challenge for educational institutions is making their websites accessible to people with disabilities, which is now required by law.

“Schools are a lot like businesses, but they have this regulatory climate,” Brown added. “It’s an emerging area of the law.”

Another example of an evolving area of the law is intellectual property. Shareholder Deborah Basile spearheads Doherty Wallace’s practice in this field, and enjoys the challenge.

“I love working with inventors and working with businesses that have new product lines,” she told BusinessWest. “They want to protect some intellectual property surrounding those, or have developed a new feature in a product line they’ve sold for a long time.”

The Internet has added new wrinkles as well.

“Everyone has a website now; that’s the way we do business, and using the Internet properly and carefully is another aspect of my practice,” she explained. “For example, a manufacturing company needs to be careful in terms of what to expose or disclose in terms of a unique business method or unique product.”

That said, recent modifications in patent law have made it easier for inventors to protect themselves, she added — the rare societal trend that may make her work easier, not thornier. In any case, “identifying what your intellectual property is and protecting it going forward is a critical growth area for us.”

Doherty Wallace, now boasting about two dozen attorneys, has been based in Springfield since its inception, when four attorneys with diverse strengths came together in 1967.

“Fred Pillsbury was generally recognized as the best litigator in the area,” Brown said. “He was named a judge just two years earlier, but it was too boring, so he came off the Superior Court bench. Lou Doherty was a well-regarded business and general corporate lawyer. Bob Murphy was a labor lawyer, and Dudley Wallace was a tax lawyer.”

The firm slowly built on that core — including Lou Doherty’s son, Paul, who led the firm for decades until his passing in January — and their commitment was evident to their younger associates.

“Fred Pillsbury was a magnet for business, and an engine that helped grow the firm,” Brown said, explaining that he had a nerve disorder that eventually took his life, but even when he could barely function, he still came in to practice as much as he could. “It was a remarkable thing.”

Today, the firm maintains — as it always has — strong roots in business law and litigation, but has become more specialized over time.

“The days of one lawyer with one assistant who types are fading,” said shareholder Michael Sweet. “Everyone here is focused on how to best staff projects in the most effective way for clients.”

Information Age

The key, as always, is smart change, Sweet said, even as the firm extends its lease at Monarch Place — where it has done business since the tower opened — for another 10 years.

“One of the key aspects of the decision to stay here long-term is recognizing we’re not done adapting,” he said. “We realize things are going to change, and when we planted our roots here, we knew we could be successful here, and have the capacity to grow and change.”

Computer technology has added layers of challenge to the practice of law, Sweet noted.

“The tech world in general has impacted this profession like it has everything else. The focus is on efficiency and specialization,” Sweet said, adding that the firm has continually recruited attorneys with expertise in growing specialty areas, from Basile, who launched the intellectual-property group, to a pending hire to bolster the firm’s depth in employment law, a field that is seeing plenty of change due to a constantly shifting regulatory landscape. “We continue to look at our clients and ask, ‘what kinds of services do our clients need?’ and then we go out and recruit in those areas.”

Shareholders Jeffrey Meehan, left, and Barry Ryan

Shareholders Jeffrey Meehan, left, and Barry Ryan, are among the players on the large and talented team at Doherty Wallace Pillsbury & Murphy.

Technology has also changed the way people behave, which also affects the practice of law, said shareholder Jeffrey Meehan. Take, for example, all the smartphone video being instantly recorded of … well, everything, from crimes in progress to protests gone awry. That has a major impact on the world of litigation, which is Meehan’s specialty.

The digital culture will even shape the firm’s upcoming renovation of its office, with a library used for decades to store bound books of information to be replaced by a finance and accounting department that needs more space.

But while so much data is at lawyers’ fingertips via computer these days, the information age has also made clients less patient, Brown noted. The past model of putting correspondence in the mail and waiting days or weeks for a response just doesn’t cut it anymore. “Instead, you’re e-mailing a document and expecting a review within a very short amount of time. Over the course of hours, literally, you can negotiate, make changes, and finalize the transaction documents. That puts an incredible amount of stress on a lawyer.”

Still, one key to being successful is to use the technology to benefit client relationships, not hinder them, Sweet said, stressing that relationships are still cultivated with care at the firm, not in haste. “We’re definitely not built on one quick hit with e-mails. We have not lost focus on the relationships, which, at the end of the day, are more important than those e-mails.”

Basile agreed. “We’re entrenched in the old-fashioned virtues of what it was like to be a lawyer back in the ’60s and ’70s, how you provided personal services on a slow and steady basis. But we also have to keep up with what we need to compete in this very responsive world we live in.”

Other changes at Doherty Wallace are being driven by retirements and new opportunities for veteran attorneys. The firm lost two long-time members recently to judgeships, as Michele Ouimet-Rooke was appointed a District Court judge earlier this year, and last week, Michael Callan was sworn in as a Superior Court judge.

“So we’ve been looking at the future and making investments in the future,” Brown said, “which we need to do to continue to be viable.”

Deep Roots

Brown has seen plenty of change in the city that has dominated his life. He was born in Springfield and has fond memories of a thriving downtown, and then, once the bustle of the peak years faded, of efforts to revitalize it, with redevelopment projects like Market Place, which Doherty Wallace was involved in.

“There was an ongoing attempt to pull Springfield up, and it never worked, and the effort stopped for a while,” he said. But now, he added, major economic-development pieces like MGM Springfield and Union Station, and a general sense of renewal downtown, has people excited again. “It’s an abundance of changes that create opportunities and bring Springfield to where we’d all like it to be — a thriving city.”

Doherty Wallace will enjoy the benefits of that renewed energy, Sweet said, at least for the next 10 years and, in all likelihood, much longer.

“The fact that we’re sitting here in downtown Springfield when other firms have left is telling,” he added. “At the end of the day, what you do as an organization is more important than what you say, and our firm has made a decision to stay here long-term. That’s more evidence of how we feel about the region. We’re hiring new lawyers, and we’re fortunate to have a lot of business, and interest from lawyers who want to come work here.”

Basile agreed. “There are a lot of great things about Springfield, and the people here at Doherty Wallace are really hopeful about the future,” she said. “We see the big picture, and we’re committed to the city.”

Brown told BusinessWest the region has never seen a project with as much transformative potential as the casino, due partly to the way it will be integrated with the entire downtown and have the ability to attract more business, which in turn may attract more residents, in a cycle of growth.

Meehan hopes so. He says the Pioneer Valley has always been a “poor cousin” to Boston as far as business growth, wealth, and opportunities, and noted that developments like the casino have run concurrent to backward steps as well, like Bank of America leaving the downtown area. “I’m scratching my head about that because they seemed to have some business here.”

One constant at Doherty Wallace, no matter the economic climate, has been a focus on volunteerism and community involvement, something Paul Doherty, famous for helping out with local organizations and initiatives, often without having to be asked.

“He set the example of how to be involved in the community,” Brown said. “It’s deeply part of the culture here, and everyone feels it, and everyone is encouraged to commit to the community.”

Sweet went even further, noting that this culture is one of the things that attracts people to work at Doherty Wallace. “It’s one of the reasons I chose to work here. We’re a significant part of the community in all ways.”

A Significant Loss

Brown recalls being hired to work alongside Doherty in 1977; in the interview, he was asked how he felt about working Saturdays. He immediately realized that this was a workplace that demanded much, but he learned the work was immensely rewarding as well.

“Paul was the leader of this law firm,” he said. “He set the tone in terms of the culture, the community involvement, the quality of lawyering. He was very focused on us providing the highest-quality service at all times.”

Basile agreed. “Paul was my mentor. He taught me how to be a lawyer,” she said. “The sad thing is, he wasn’t done. He had more to do. He was still committed to this city, to this law firm, and to inspiring those of us he left behind.”

Brown said Doherty knew everyone, and everyone knew him — and he valued those relationships far beyond his practice.

“Those relationships are what has endured over the decades, and those lessons on how to be a lawyer, how to give back to the community,” he told BusinessWest. “That’s all Paul Doherty. We were blessed to have him as long as we had him, and we still have him with us.”

That sentiment provides more than enough motivation for this half-century-old law firm that has experienced plenty of change, and welcomes whatever may come next.

Joseph Bednar can be reached at [email protected]

Penalty Increases, Electronic Reporting and Much, Much More

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Law Sections

OSHA’s Big Year

By John Gannon, Esq. and Susan Fentin, Esq.

John S. Gannon

John S. Gannon

SUSAN G. FENTIN

Susan G. Fentin

Over the past several months, the U.S. Occupational Safety and Health Administration (OSHA) has announced a number of regulatory changes that may have slipped under your radar during the summer season.

The changes are not favorable to the business community and may call for significant changes to your workplace practices.

Increased penalties

Effective August 1, 2016, OSHA’s maximum fines for safety violations went up a massive 78%.  Serious violations, which previously maxed out at $7,000 per violation, will now increase to maximum of $12,471 per violation.

Similarly, the failure-to-abate penalty will also max out at $12,471 per day, which is up from $7,000. Willful and repeat violations will cap at $124,709 per violation, which is up from $70,000. Given the dramatic increase, employers should consider auditing workplace safety practices to evaluate OSHA citation risk.

Electronic reporting data available to the public

OSHA also announced a final rule back in May 2016 that will require certain employers to electronically submit worker injury and illness data starting in 2017. Notably, OSHA intends to post this information on a website available to the public. This means the information will be instantaneously available to other interested parties, including customers, competitors, attorneys and union organizers.

Contractors reviewing project bids may consider this information as part of the bidding process. The agency explained that it will post the data on its public website so that “prospective employees [can] identify workplaces where their risk of injury is lowest.”

Employers that are not exempt from OSHA’s injury and illness record-keeping rules are already required to keep track of their workers’ injuries and illnesses in what is commonly called an “OSHA log.” However, only certain serious injuries currently require direct reporting to OSHA, such as work-related fatalities, amputations and inpatient hospitalizations.

The new rule will require non-exempt employers to directly report far more injury and illnesses data on an annual basis.

The reporting frequency and content will vary depending on the size and industry of the business. Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records must electronically submit information from all OSHA Forms 300 —including Form 300 (Log of Work-Related Injuries and Illnesses); Form 300A (Summary of Work-Related Injuries and Illnesses); and Form 301 (Injury and Illness Incident Report) — by July 1 each year.  However, in 2017, only information on the Form 300A will need to be submitted.  Establishments with 20-249 employees that are classified in a high-hazard industry with historically high rates of occupational injuries and illnesses only need to electronically submit information from OSHA Form 300A.

Employers can find out whether their industry is classified as high-hazard by visiting this website:  https://www.osha.gov/recordkeeping/NAICScodesforelectronicsubmission.pdf

Reporting of workplace injuries

The electronic reporting rule also includes provisions aimed at improving safety without discouraging employee reporting of injuries.  The “anti-retaliation” language is meant to protect employees from being punished for reporting workplace injuries.

For example, the rule requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation, which many employers already do in a company handbook. However, the rule also states that several common practices may be deemed retaliatory, including:

• Automatically conducting post-accident drug testing of injured employees;

• Maintaining rules or policies that discipline employees who do not immediately report workplace injuries; and

• Maintaining incentive programs that reward employees for experiencing no recordable workplace injuries or illnesses.

The limitation on post-accident drug testing has caused the most concern within the business community. OSHA explained that post-accident testing is not prohibited outright.  Instead, according to the agency, testing should be limited to situations where drug use is likely to have contributed to the accident.

For example, if the employer has reasonable suspicion to suspect the accident is linked to drug use, testing would be permissible. Factual circumstances surrounding the accident, such as odor or bloodshot eyes, may give rise to reasonable suspicion of drug use. Employers should consider implementing a drug-testing policy into their handbook or policy manual that addresses reasonable suspicion testing.

Although the new rule has no impact on random testing, Massachusetts employers must remember that random drug testing is only permissible in limited circumstances.

The anti-retaliation provisions of the final rule were originally set to take effect in August 2016, but have been delayed until Nov. 1, 2016, so that OSHA can “conduct additional outreach and provide educational materials and guidance for employers.” Even so, employers that engage in any of the practices listed above should consult with employment counsel.

John S. Gannon is an associate at the firm of Skoler, Abbott & Presser, P.C.; (413) 737-4753; [email protected]. Attorney Susan G. Fentin has been a partner at Skoler, Abbott & Presser since 2004. Her practice concentrates on labor and employment counseling, advising large and small employers on their responsibilities and obligations under state and federal employment laws, and representing employers before state and federal agencies and in court.  She speaks frequently to employer groups, conducts training on avoiding problems in employment law, and teaches master classes on both the FMLA and ADA; [email protected]; (413) 737-4753.

People on the Move

By
Departments People on the Move

HUB International New England, a division of HUB International Limited, announced that, effective Dec. 1, Timm Marini, will lead the Personal Lines Division for HUB International New England. This is in addition to his responsibilities of overseeing the Western Mass. offices and serving on HUB’s executive management team. Marini will lead the Personal Lines teams, which consist of close to 150 employees in more than 20 offices located throughout Massachusetts, New Hampshire, Maine, and Rhode Island. His areas of focus will be developing and implementing sales and marketing strategies that result in value and pricing options while always meeting the underlying goal of delighting the customer. “Developing an exceptional team is imperative in this fast-paced, technology-driven industry,” said Charles Brophy, CEO and Regional President, Eastern Region of HUB International New England. “The first person that came to mind for this position, without a doubt, was Timm Marini. His vision, leadership abilities, skillful thinking, discipline, and tact for customer service will be a great benefit for HUB New England as we continue to grow and expand into new markets.” HUB New England was built through partnerships with long-standing, local brokerages housing years of experience in consulting on property and casualty insurance, personal insurance, and employee-benefits programs for New England businesses and individuals. As a full-service brokerage, HUB New England has access to the resources of a large, international company with local service and expertise.

•••••

Jeffrey Sullivan, chairman of the Greater Holyoke Chamber Centennial Foundation, announced that Tessa Murphy-Romboletti was chosen to lead the Foundation’s entrepreneurship program, known as SPARK. She was chosen by a committee made up of Holyoke’s entrepreneurial ecosystem partners, including Hilda Roque of Nuestra Raices, Maria Pagan of the Holyoke Public Library, Harry Montalvo of Easthampton Savings Bank, Jeffrey Hayden of Holyoke Community College, board chairman Jeffrey Sullivan, and Kathleen Anderson, president of the Chamber Foundation. “As the new SPARK program manager, Murphy-Romboletti will oversee the Co-starter Launch Class, develop programming for entrepreneurs and small businesses to help them overcome hurdles in opening their own business, and work with mentors and those that can offer some expertise to new business owners,” Sullivan said. “Murphy-Romboletti will also be responsible for development, fund-raising, and community outreach.” Added Anderson, “we are extremely excited to have Tessa join our team. The interview committee chose Tessa to lead this effort because of her expansive knowledge of the city, especially the central business district, her knowledge of the SPARK program, and her skills in grant writing, which will go a long way in the development of the SPARK program and building Holyoke’s entrepreneurial ecosystem.” Murphy-Romboletti has worked for the city of Holyoke for the last five years in both the Office of the Mayor and currently as development specialist for the Office of Planning & Economic Development. In this role, she has provided assistance to both new and existing business owners while acting as a project manager for several development projects within the city’s urban-renewal plan. Her experience in project management, grant writing, and communications, along with her experience working in the public sector, will serve the organization in its continued efforts to support Holyoke’s entrepreneurial community. “I have always been inspired by SPARK’s goal to identify and develop home-grown talent from residents within the city in order to create jobs, expand our tax base, and fill vacant space,” Murphy-Romboletti said. “I’m so thankful to have had the opportunity to work for the city that I love for the last four years, where I’ve met great people and passionate members of our community. I am looking forward to continue working with residents and business owners in this new capacity, and can’t wait to get started.”

•••••

Thom Fox

Thom Fox

Giombetti Associates recently welcomed Thom Fox as its new Chief People Officer. Since 2013, Fox has managed a strategic consultancy focused on revenue and profitability solutions through the discovery of what customers want and don’t want. With a command of the fact-finding process and mastery of asking deeper-level, thought-provoking questions, he worked with stakeholders to build strategies yielding a larger likelihood of success. These solutions earned his clients a tremendous amount of personal and professional growth. Prior to founding his consultancy, Fox served for 18 years at a social enterprise, helping to build the organization from a startup into a national brand producing an excess of $50 million in annual revenues. He served in a variety of roles, including education coordinator, marketing director, community outreach director, author and subject-matter expert, spokesperson, and strategist. Fox’s advice has been featured in media outlets such as Forbes, MarketWatch, the Huffington Post, Fox Business, and others. He is also an award-winning philanthropist, volunteering as a board member for Suit Up Springfield, and supporting the business community as a facilitator for Valley Venture Mentors, producer and host of The Engine on NewsRadio 560 WHYN, and a member of the Pioneer Valley Planning Commission’s Plan for Progress Committee. Throughout his career, Fox has built partnerships and relationships, engaged people in taking an active participation in their own growth and development, and coached entrepreneurs and community leaders to embrace change. Working in these collaborative settings, he experienced the toll that failure (and success) plays in a team dynamic. These experiences ignited a passion within him to motivate people to move in the same direction, believing that, if they do, they can reach any destination they choose. These experiences also instilled within him the desire to help people, teams, and organizations reach their full potential — a natural fit with the core beliefs at Giombetti Associates. Fox will be charged with continuously improving the design and content of various team-building and leadership-development offerings. He will help deliver and facilitate team-building initiatives, learning workshops, and coaching to individuals and executives alike. He will also support Giombetti’s effort to solve one of its clients’ ongoing challenges: finding good people. He will help ensure that clients have enhanced access to high-performing individuals and innovative leadership training. As an entrepreneur and consultant, Fox understands the challenges of starting and scaling a business. His time in corporate America also exposed him to the damages created by telling people what they want to hear. He has worked with Silicon Valley-based ventures, mom-and-pop startups, and established businesses on their way to becoming multi-million-dollar ventures. Throughout it all, he has maintained the philosophy that people are transformed through lovingly critical feedback and supportive services empowering them with the ability to become the best version of themselves. Giombetti Associates is a leadership institute providing pre-employment assessment, leadership training and development, team building, talent sourcing and acquisition, conflict resolution, strategic business coaching, M&A consulting, and a few other areas of expertise, with personality and behavior serving as the foundation to all of them.

•••••

OrthoLite, a leading provider of comfort and performance insoles, announced three new additions to its marketing and sales team, including Dan Legor as Director of Marketing; Andy Downes as Sales Manager, Key Accounts; and Matt Hennessey as Sales Manager, Performance East. These new appointments will support OrthoLite’s dedication to strengthening partner relationships across the globe. In his new role, Legor will manage all aspects of marketing while elevating the brand’s global marketing and branding strategies. As an accomplished senior marketing professional, he brings more than 20 years of experience to OrthoLite. Most recently, he was the director of E-commerce at Lindt & Sprungli, and prior to that he was the head of U.S. Marketing at ECCO Shoes, senior Marketing manager at Timberland, and Retail Marketing manager at the Rockport Co. Downes brings more than 20 years of product and sales experience to OrthoLite, and was most recently the Key Account sales manager for Inov-8 footwear. During his 13 years at Nike, he held sales and product-related roles in a variety of business units such as Running Specialty, Custom Footwear, and Special Make-up Groups. From Nike, he joined Adidas as category manager, Running Footwear for several years before moving to Innov-8. Hennessey brings more than 16 years of senior-level sales and development experience to OrthoLite and most recently was the Product Development manager at Sperry. Prior to Sperry, he was a senior Development manager at Under Armour Footwear and a senior developer at New Balance Footwear, along with holding the National Sales manager position at Xterra. “We’re thrilled to have these dynamic professionals joining our team and helping to drive continued growth within each of the key sales channels,” said Pamela Gelsomini, OrthoLite president. “The number-one priority of the sales and marketing team is to help our footwear partners sell more shoes by delivering the most comfortable product to their consumers. This has fueled our success together over the years, so we will continue to invest in ways to help each of these brands exceed their goals with OrthoLite. Dan’s deep leadership experience in brand strategy will help to shape new marketing initiatives with our footwear partners and with the brand overall. Andy and Matt also share OrthoLite’s unwavering commitment to deliver world-class service and collaborative support.”

•••••

Emily Doucette

Emily Doucette

FIT Staffing, an information-technology staffing and recruiting company based in Springfield and Enfield, Conn., announced that Emily Doucette has joined the team as a technical recruiter. Doucette has extensive recruiting and HR experience in the information-technology and aerospace-engineering industries. At FIT, she is responsible for sourcing and screening technical talent for Massachusetts and Connecticut clients. She has a bachelor’s degree in business management and an MBA from Springfield College. She is also a member of the adjunct faculty at Springfield College and teaches business management to undergraduate students.

•••••

Northeast IT Systems Inc. announced Joe Bishop as the latest addition to its growing team. Bishop spent four years at Yankee Candle, where he was a candle maker. He then went on to work at NCR Corp., where he spent two years working on POS systems and ATMs. His latest work experience included working for an IT company for 10 years as a PC technician. When asked what got him interested in computers, Bishop accredited it to having a computer at a young age — his first one, in fact, at just 4 years old. He and his grandfather would spend time on the computer downloading games after school. When it comes to his profession, he said he s always learning new things. “There is so much to learn in the IT field that there’s never a dull moment.” Bishop studied computer networking at Porter and Chester Institute in Chicopee. His certifications include Network+, A+, MCP, and CCNA.

•••••

Kim Lavallee

Kim Lavallee

Carrie Muller

Carrie Muller

DiGrigoli Salon announced that Kim Lavallee has been promoted from Master Stylist to Elite Stylist, and Carrie Muller has been promoted from Junior Stylist to Senior Stylist. Both are alumni of the DiGrigoli School of Cosmetology. Lavallee joined the DiGrigoli Salon artistic team in June 2011 and has made major strides in her career since then. In addition to doing hair, Kim is also a skilled makeup artist, both in cosmetic and special effects, and is often featured on WWLP-22News and Mass Appeal showcasing her talents. Muller started with DiGrigoli Salon this past February and has already been promoted twice. As the salon manager, she has many responsibilities, but she remains eager to learn and grow artistically as a stylist. This dedication has resulted in a strong clientele base and a continual refinement of her skills. DiGrigoli Salon, located at 1578 Riverdale St. in West Springfield, is owned by Paul DiGrigoli and has been offering professional beauty services to the public since 1987.

Marijuana: What Now for Employers?

By
Opinion

Opinion

By Tom Jones

 

Massachusetts has a new law permitting the possession and recreational use of marijuana. Voters approved Question 4 on legalization last week by a margin of 53.6% to 46.4%.

And unlike the earned-sick-time law a couple of years ago, this one comes with a short lead-in period — the law takes effect on Dec. 15.

What does the 12-page statute mean for employers?

The law focuses almost exclusively on the regulation and taxation of the sale of recreational marijuana. The measure will actually have little to no direct impact on most employers. There is only a short reference to employment in section 2, which discusses limitations of the law:

“This chapter shall not require an employer to permit or accommodate conduct otherwise allowed by this chapter (i.e. the use of recreational marijuana) in the workplace and shall not affect the authority of employers to enact and enforce workplace policies restricting the consumption of marijuana by employees.”

Employers should keep an eye out for potential court cases related to the new law. Such cases could materially affect the manner in which employers implement the law in the future.”

Companies that addressed their drug-testing and drug-use policies in response to the 2012 medical-marijuana law can prepare for the 2016 law with little more than a quick review. For companies that did not establish policies four years ago, now is the time to do so.

Review your drug/alcohol-free workplace policies to ensure that they cover all forms of drug use, including marijuana. You should also review your drug- and alcohol-testing polices to ensure they cover the topics you want.

You may want to revise your policy to ensure that it covers all aspects of your workplace, including vehicles used for business purposes, off-site duties at customer sites, work-related events and seminars, and company-owned parking lots and garages.

Employers should keep an eye out for potential court cases related to the new law. Such cases could materially affect the manner in which employers implement the law in the future.

There has been only one legal case so far in Massachusetts involving an employee and medical marijuana. In that case, the employee was terminated, then sued, claiming discrimination, and the court ruled in the employer’s favor on all six counts, except privacy.

Associated Industries of Massachusetts is available to answer any questions about the new marijuana law or about reviewing and updating your drug-use related polices. Contact Beth Yohai at [email protected] or (617) 262-1180, ext. 335.

Tom Jones is vice president of Associated Industries of Massachusetts.

Company Notebook

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Company Notebook Departments

AIC Named Among Fastest-growing Colleges

SPRINGFIELD — The Chronicle of Higher Education named American International College (AIC) one of the fastest-growing colleges in the U.S. for the fifth time. Among private, nonprofit master’s institutions, AIC placed among the top 20 colleges and universities in the country, ranking 16th, with a nearly 124% growth rate. AIC is the only Massachusetts college or university to place in this category and outpaced the national average growth rate of 21.7% by more than 100%. AIC has more than doubled its enrollment over a 10-year span, 2004-2014. In a categorical comparison to other colleges and universities in Massachusetts, Bay Path University ranked 17th among private baccalaureate institutions with an 82.6% growth rate, and Elms College ranked 18th in the same category with a growth rate of 78.3%. “We believe that a college education is more than academic and intellectual growth,” said AIC President Vince Maniaci. “At AIC, we are committed to the personal, spiritual, and professional development of our students. We identify trends and explore and develop programs that will provide our students with a foundation upon which they can build to reach their full potential. This is a competitive and rapidly changing world. We make every effort to help our students compete successfully in that environment and are proud to be recognized for our efforts.” Data collected for the Chronicle of Higher Education was based on fall enrollments of full-time and part-time students and included all U.S. degree-granting programs with a minimum 500-student enrollment in 2004.

 

Magazine Names Westside Finishing Among Top Shops

HOLYOKE — Westside Finishing has been named one of the best finishing shops in North America, according to an industry benchmarking survey conducted by Products Finishing magazine, a trade publication that has covered the industry since 1938. The magazine conducted an extensive benchmarking survey that analyzed hundreds of finishing companies in several different areas, including current finishing technology, finishing practices and performances, business strategies and performances, and training and human resources. Only the top 50 shops were given the honor of being a Products Finishing ‘Top Shop’ based on a scoring matrix in those four criteria. “Westside Finishing has established itself as one of the best finishing operations in the industry,” said Tim Pennington, editor of Products Finishing magazine. “The criteria we used was very stringent, and only the top finishing shops that excelled in all four areas made the list. Westside Finishing is in rare air when it comes to finishing operations.” Brian Bell, owner and president of Westside Finishing, said he is “extremely excited and pleased to be named one of Products Finishing magazine’s Top Shops for the second year. Our employees and management team have worked very hard to be the best in the industry, and to provide our customers with quality service.”

 

Skoler, Abbott & Presser Earns Tier 1 Ranking

SPRINGFIELD — Skoler, Abbott & Presser, P.C. announced it has once again received a Tier 1 ranking in five different practice areas for the Springfield metropolitan area by The Best Lawyers in America. The firm was recognized for its excellence in arbitration, employment law in management, labor law in management, labor and employment litigation, and mediation. Notably, all of these practice areas received Tier 1 rankings, signifying a score within a certain percentage of the highest-scoring firms in the metropolitan area. “We do our best every day to present our clients with legal advice that reflects an understanding of each of their unique businesses,” said Partner Timothy Murphy. “I think the firm’s high degree of expertise and proficiency is demonstrated in our continued ranking as a Tier 1 law firm by Best Lawyers.” Attaining a Tier 1 ranking in so many different practice areas marks a strong combination of quality law practice and expansive legal experience, and reflects one of the highest levels of respect within the legal community, he added. The rankings are based on an evaluation process that includes both client and lawyer evaluations, peer reviews from leading attorneys in specified practice areas, and final reviews from law firms as part of the formal review process and selection. To be eligible for the rankings, a law firm must have at least one lawyer who is included in Best Lawyers in that particular practice area and metropolitan area. Best Lawyers is the oldest peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor conferred on a lawyer by his or her peers. The Best Lawyers lists of outstanding attorneys are compiled by conducting comprehensive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers.

 

Springfield Museums Wins Grant to Restore Windows

SPRINGFIELD — The Springfield Museums have been awarded a Museums for America grant of $106,592 from the federal Institute of Museum and Library Services (IMLS) to restore and stabilize 20 Tiffany stained-glass windows at the George Walter Vincent Smith Art Museum. These grants are awarded through competitive peer review and require at least a 100% match by the applicant. The program is an essential component of the institute’s goal of sustaining cultural heritage. The 20 Tiffany stained-glass windows are original to the main façade of the historic George Walter Vincent Smith Art Museum, which opened in 1896. The windows have deteriorated because of age, city pollution, and the harsh New England weather. This project includes a provision to protect the windows and their restoration through the addition of exterior tempered glass. The restoration of the Tiffany stained-glass windows will reintegrate these important decorative features with the building as well as greatly increase the effectiveness of the museum’s environmental control system. “These windows are rare and highly significant,” said Kay Simpson, president of the Springfield Museums. “They are the only Tiffany stained-glass windows in existence that were specifically commissioned for an American art museum, and they are a critical element of the overall design of the 1896 museum building. We are grateful to the IMLS for providing us with funding to stabilize and preserve these important stained-glass treasures for future generations.”

 

Elms College Doctor of Nursing Practice Program Earns Accreditation

CHICOPEE — The School of Nursing at Elms College has received accreditation from the Commission on Collegiate Nursing Education (CCNE) for its doctor of nursing practice (DNP) program. CCNE accreditation is a nongovernmental peer-review process that operates in accordance with nationally recognized standards established for the practice of accreditation in the U.S. “The DNP program was a vision and a dream for Elms School of Nursing and our community partners,” said Kathleen Scoble, dean of the School of Nursing at Elms. The DNP degree is a clinical practice doctorate in an advanced specialty of nursing practice for the role of nurse practitioner. DNP graduates from Elms are eligible to sit for advanced certification and licensure in one of two specialty tracks: family nurse practitioner or adult-gerontology acute-care nurse practitioner. Most local programs educate advanced-practice nurses (APRNs) at the master’s level, but — in accordance with the American Assoc. of Colleges of Nursing’s evolutionary position to move the level of preparation necessary for APRN roles from the master’s degree to the doctorate level — Elms College has implemented the clinical doctorate to prepare NPs with the highest level of scientific knowledge and practice expertise. The college has partnered with Baystate Medical System and Berkshire Health Systems, who fund cohorts of nurses to fill critical roles in their organizations now and into the future.

People on the Move

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Departments People on the Move
Melyssa Brown

Melyssa Brown

Meyers Brothers Kalicka, P.C. (MBK) announced that Melyssa Brown, CPA, MBA, has been accepted into the American Institute of CPAs (AICPA) Leadership Academy. She was previously honored with a Women to Watch Emerging Leader Award from the Massachusetts Society of CPAs. Brown’s induction into the Leadership Academy took place over the course of a four-day program held earlier this month in Durham, N.C. The prestigious invitation-only program featured interactive dialogue with the profession’s top leaders designed to build on the foundational knowledge perspective of each individual. Attendees were immersed in experiential exercises and self-examination of leadership and how a new strategic vision will positively impact their personal life, career path, and the CPA profession. “We’re very proud of Melyssa’s achievement,” said MBK partner James Barrett. “It’s not her first honor, and it certainly won’t be her last. She started here as an entry-level staff member and quickly went on to become the youngest senior manager in the firm’s history. We look forward to more amazing things from her.” Brown received her bachelor in accountancy degree from Elms College and her MBA in accounting from the Isenberg School of Management at UMass Amherst. She is vice president of the Girls Inc. board of directors and is active in the UMass Family Business Center and the Young Professional Society of Greater Springfield. She was also a BusinessWest 40 Under Forty honoree in 2013.

•••••

Baystate Health has appointed Ben Craft to the new position of Senior Director of Government and Public Affairs. Craft, who has served as the organization’s director of Public Affairs since 2012, is assuming the additional responsibility of government affairs to support Baystate’s needs for strong connections with local, state, and federal government amid continuing rapid change in the healthcare environment. Craft returned home to Western Mass. to join Baystate in 2008, having worked previously at the United Nations and the Wall Street Journal in New York City. His work at the UN included communications and policy advocacy with government, nonprofit, and civil-society partners. He will report to Jennifer Endicott, Baystate’s chief strategy officer and senior vice president of Strategy and External Relations. “With his deep understanding of the challenges facing healthcare providers today and a strong network of relationships in the community and across Baystate Health, Ben is well-positioned to serve as point person for our local, state, and federal government partners,” said Endicott. “He is committed to finding ways to improve the dialogue between our dedicated elected officials and Baystate Health, the largest provider of safety-net services and largest private employer in Western Massachusetts. Ben’s previous experience, particularly at the UN, will be invaluable in achieving this goal.” Craft grew up in East Longmeadow and is a 1996 graduate of UMass Amherst.

•••••

Three new board members have been elected to the Bay Path University board of trustees. Mary Bushnell, Martin Caine, and Andrew Davis will each serve a three-year term which began in June.
• Bushnell is a 1974 graduate of Bay Path. She and her husband, David, have been generous donors to the university for 30 years, with their philanthropy having a particular focus on student scholarship. In 2005, she served as co-chair to kick off the Carol A. Leary Endowed Scholarship Fund for First Generation Students. Their support of Bay Path’s “Charting New Paths” campaign was instrumental in launching the American Women’s College, Bay Path’s online degree-completion program. Currently, their support involves providing funds to underwrite a data-based campus study being done to determine which in-school factors contribute to Bay Path graduates’ personal, professional, and/or family success upon graduation. She has served on many boards for the past 30 years, recently completing her tenure of eight years on the board of the Overlook Foundation, which raises funds for the Overlook Medical Center in Summit, N.J.;
• Caine is a principal at Wolf & Company, P.C. in Springfield. He has more than 25 years of experience as a certified public accountant, providing audit and advisory services to business owners, executives, and boards of directors. His advisory services include consulting on internal control compliance, acquisitions and divestitures, due diligence, and compensation matters. His industry experience encompasses financial institutions, manufacturing and distribution, and not-for-profit entities. Caine is a frequent speaker on financial topics, particularly in his areas of expertise, accounting and auditing. He is a 1986 graduate of Western New England College and is a CPA in both Massachusetts and Connecticut. He is a member of the American Institute of Certified Public Accountants and the Massachusetts Society of Certified Public Accountants, and serves on the board of advisors at Valley Venture Mentors Inc.; and
• Davis is president and managing partner of Chestnut Realty Management, LLC in Springfield. He is responsible for the underwriting and financing of new transactions for the firm’s investment strategies. Prior to forming Chestnut Realty Partners, Davis spent three years with Wallace Capital, managing underwriting in its Florida office and originating bridge real-estate loans; six years at PVI Capital, LLC, a private commercial lender specializing in short-term bridge financing; and five years managing residential acquisitions for GFI Partners, a production builder and real-estate development company. A 2001 graduate of St. Michael’s College, he is a former board member of HAPHousing and serves as chapter forum officer for the Young Presidents’ Organization.

•••••

Berkshire Bank announced the following:
• Gregory Lindenmuth has joined Berkshire as executive vice president, chief risk officer, reporting to the bank’s president, Richard Marotta. Lindenmuth joins Berkshire Bank from the FDIC, where he worked for 24 years, most recently as a senior risk examiner for the Division of Risk Management Supervision. Through this position, he has gained expert understanding of capital markets, including investments, derivatives, securitizations, market risk, liquidity/funds management, and mortgage banking. He also excels in modeling profit plans, establishing budgets, and setting strategic objectives. In his new role, he will lead the loan workout, credit, and enterprise risk management teams. Lindenmuth holds a bachelor’s degree in operations management from the Plattsburgh State University of New York and an MBA in corporate finance from Clarkson University. With the FDIC, he was a capital markets, mortgage banking, and fraud specialist and a member of the National Examination Procedures Committee. He also co-developed and co-presented the FDIC’s technical-assistance videos on interest-rate risk and has been an active speaker at New England Directors’ Colleges;
• Mike Ferry has been promoted to the position of Senior Vice President, Commercial Regional President, for Berkshire County and Vermont. Ferry brings more than 37 years of industry experience, 30 of which have been spent with Berkshire Bank. Leading the Berkshire and Vermont regions for the bank since 2012, his primary focus is commercial lending and ancillary products and services. He also serves as president of the Berkshire Bank Foundation. Ferry holds a bachelor’s degre from Saint Michaels College in Colchester, Vt. Dedicated to his community, he is currently a board member and Treasurer for Berkshire County ARC, board president of the Berkshire Housing Development Corporation & Berkshire Housing Services Inc., board member and chair of the finance committee for Berkshire United Way, committee member for the Dalton Development and Industrial Commission and a volunteer coach with the Special Olympics Massachusetts; and
• Jim Hickson has rejoined the bank as SVP Commercial Regional President for the Pioneer Valley and Connecticut markets. In his new role, he will focus on growing the commercial-lending business, as well as expanding relationships with products and services offered through the bank’s other business lines, including wealth management, private banking, insurance, and retail banking. Hickson brings to the bank more than 26 years of financial experience. His previous roles include commercial banking team leader for People’s United Bank and SVP ABL relationship manager at Berkshire Bank, and he also held positions within TD Bank, KPMG Consulting, and Fleet Capital. Hickson holds a bachelor’s degree from Boston College and an MBA from Boston University. He is board chair and president of the board of directors for Common Capital, a board member for New England Certified Development Corp., and serves on Wilbraham Friends of Recreation.

•••••

Bacon Wilson announced that five attorneys have been named to the 2016 Massachusetts Super Lawyers list of top attorneys in the Commonwealth, and three have been named to the 2016 Massachusetts Rising Stars list. Both rosters appear in New England Super Lawyers magazine. Only 5% of New England’s lawyers are Super Lawyers, with attorneys selected for background, professional experience, achievement, and peer recognition. The following Bacon Wilson attorneys were honored for 2016:
• Gary Fialky – Business/Corporate, Banking, Real Estate;
• Michael Katz – Business/Corporate, Business Bankruptcy, Consumer Bankruptcy;
• Paul Rothschild – General Litigation, Employment and Labor, Personal Injury;
• Hyman Darling – Estate Planning & Probate, Elder Law, Tax; and
• Gina Barry – Estate Planning and Probate, Elder Law, Residential Real Estate.
Rising Stars are under 40 years of age, or have been practicing law for less than 10 years. Fewer than 2.5% of New England lawyers are named as Rising Stars, including the following Bacon Wilson attorneys for 2016:
• Adam Basch – Construction Litigation, Business Litigation, Personal Injury;
• Benjamin Coyle – Business/Corporate; State, Local, and Municipal; Estate and Trust Litigation; and
• Thomas Reidy – Land Use/Zoning.

•••••

Jennifer Halloran

Jennifer Halloran

Bolstering its commitment to reach consumers on their terms, Massachusetts Mutual Life Insurance Co. has appointed longtime financial-services branding and marketing executive Jennifer Halloran as head of Brand and Advertising. Halloran, who is based in Boston and reports to MassMutual Chief Customer Experience Officer Gareth Ross, will oversee the collaborative development and implementation of the company’s initiatives in brand marketing, community responsibility, digital content, and social engagement. She will also be responsible for managing the deployment of the MassMutual brand strategy throughout all channels, as well as in the company’s community-engagement efforts. “We are excited to have someone with Jennifer’s track record of experience in the financial-services industry and business acumen on board to further enable us to drive the MassMutual brand in a way that is consistent with our strategy, and create a consistent experience within the marketplace and with our customers,” said Ross. “Her experience, creativity, and passion for collaboration — underscored by her successes throughout her two-decade career — will be invaluable as we move forward as a company.” Halloran was most recently with Fidelity Investments, where she spent a total of eight years in a variety of leadership roles in marketing, communications, and branding. These responsibilities included managing and executing the redesign of web, digital, and content programs for Fidelity’s Innovation Lab, as well as many other cross-channel digital customer-experience programs. She also held various marketing, communications, and brand-strategy positions with both Mobiquity Inc. and Putnam Investments. She began her career in 1996 with integrated advertising agency Digitas (now DigitasLBi). A graduate of Boston College with a bachelor’s degree in economics and political science, Halloran earned her MBA in marketing/marketing management from Babson College’s Franklin W. Olin Graduate School of Business.

•••••

Amy Royal

Amy Royal

Royal, P.C., a woman-owned, boutique, management-side labor and employment law firm, announced that Amy Royal, principal and founding partner of the firm, has been honored with selection as one of New England’s Super Lawyers and has been included in the 2016 issue of New England Super Lawyers magazine. Super Lawyers consists of attorneys throughout New England who are nominated by their peers as outstanding lawyers; the nomination then goes through an extensive selection process. With more than 16 years of experience, Royal has successfully defended employers in both federal and state courts as well as before administrative agencies in a variety of areas of employment law, including employment discrimination and sexual harassment, unfair competition, breach of contract and wrongful discharge claims, workers’ compensation, and Family and Medical Leave Act (FMLA), Employee Retirement Income Security Act (ERISA), and Fair Labor Standards Act (FLSA) violations, with a special emphasis in wage-and-hour class actions. Royal regularly advises non-union clients on maintaining a union-free workplace and performs other preventive work such as wage-and-hour law compliance, record-keeping audits, drafting of employee manuals and affirmative-action plans, and management training. In addition, she assists unionized clients during contract negotiations, at arbitrations, and with respect to employee grievances and unfair-labor-practices charges. Royal’s accolades also include Massachusetts Lawyers Weekly’s 2012 Top Women of Law award recognizing her as a top female lawyer in Massachusetts, as well as BusinessWest’s prestigious 40 Under Forty award, recognizing her for outstanding leadership in the Pioneer Valley business community.

Briefcase

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Briefcase Departments

Employer Confidence Strengthens in October

BOSTON — Confidence among Massachusetts employers rose for a second consecutive month during October, bolstered by a surprising improvement in the outlook among manufacturers and the continued strong performance of the state economy. The Associated Industries of Massachusetts (AIM) Business Confidence Index rose 0.3 points to 56.2 last month, 0.6 points higher than in October 2015. The increase was driven by a 2.6-point jump in the manufacturing index, which has lagged overall confidence readings for the past 18 months as companies struggled with economic weakness in Europe, China, and other key export markets. The increase came as the Massachusetts unemployment rate fell to 3.6%, its lowest rate since the dot-com boom of 2001. The AIM Index, based on a survey of Massachusetts employers, has appeared monthly since July 1991. It is calculated on a 100-point scale, with 50 as neutral; a reading above 50 is positive, while below 50 is negative. The Index reached its historic high of 68.5 on two occasions in 1997-98, and its all-time low of 33.3 in February 2009. It has remained above 50 since October 2013. Almost all of the sub-indices based on selected questions or categories of employer were up in October. The Massachusetts Index, assessing business conditions within the Commonwealth, gained 0.9 points to 57.9, leaving it a healthy 3.8 points ahead of the same time last year. The U.S. Index of national business conditions remained unchanged at 49.2, 1.7 points lower than its level of October 2015. Employers have been more optimistic about the Massachusetts economy than about the national economy for 78 consecutive months. The Current Index, which assesses overall business conditions at the time of the survey, increased slightly to 56, while the Future Index, measuring expectations for six months out, rose 0.3 points to 56.3. The future view is virtually the same as it was a year ago. The three sub-indices bearing on survey respondents’ own operations also strengthened. The Company Index, reflecting overall business conditions, rose 0.2 points to 57.9, while the Employment Index surged 0.9 points to 55.4. The Sales Index lost ground, however, falling 1.2 points during October and 3.9 points during the previous 12 months.

Agenda

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Agenda Departments

‘Diversify Your Workforce’

Nov. 17: The Western Mass. Employment Collaborative (WMEC) will present a breakfast event called “Diversify Your Workforce” from 9 to 11 a.m., preceded by breakfast and networking at 8:30 a.m. at the Delaney House in Holyoke. WMEC partners work toward the common goal of increasing employment opportunities for individuals with disabilities. WMEC works across all disabilities and represents hundreds of job seekers who have the skills, commitment, and desire to enter the workforce and contribute positively to a local employer. To that end, it is partnering with the Mass. Down Syndrome Congress and its “Find Your Next Star” campaign. Attendees of the Nov. 17 event will learn ways to grow their business and meet their hiring needs. To register, visit www.mdsc.kintera.org/dywwest.

Art & Leisure Auction

Nov. 18: Combining the celebration of creativity with the generosity of giving, the United Way of Franklin County is holding its 17th annual Art & Leisure Auction beginning at 6:30 p.m. at the Greenfield Community College Dinning Commons. Thanks to the generous support of local artists, businesses, and individuals, this year’s auction will feature more than 200 items, including Springfield Thunderbirds tickets; two $1,000 Southwest Airlines gift certificates; a one-week stay in Stowe, Vt.; a day trip for two to Martha’s Vineyard by private airplane; a season pass to Silverthorne Theater; gift certificates from numerous area business; handcrafted works of art; framed prints, paintings, and photographs; Tom White Pottery, fabric arts; and jewelry. Featuring state Rep. Paul Mark as guest auctioneer, the event will feature leisure items and gifts from the Pioneer Valley and beyond for live and silent auctions. The United Way Art & Leisure Auction is presented by Baystate Franklin Medical Center, Greenfield Savings Bank, Steve Lewis Subaru, WAHI/Bear Country, and the Recorder. The event will benefit the United Way of Franklin County and its 27 partner agencies. Hors d’oeuvres and refreshments are included included in the cost of admission, which is $20 per person in advance or $25 at the door. To purchase advance tickets, visit www.uw-fc.org, e-mail [email protected], or call (413) 772-2168.

International Survivors of Suicide Loss Day

Nov. 19: The American Foundation for Suicide Prevention (AFSP), the nation’s largest suicide-prevention organization, is hosting more than 350 International Survivors of Suicide Loss Day events worldwide on Saturday, Nov. 19. Survivor Day allows people affected by suicide loss to gather around the world at events in their local communities to find comfort and gain understanding. Locally, the Western Mass. chapter of AFSP will host a Survivor Day event at Westfield State University from 9 a.m. to 1 p.m. All Survivor Day gatherings will include a screening of Life Journeys: Reclaiming Life after Loss, a new, AFSP-produced Survivor Day documentary that traces the grief and healing journey that follows a suicide loss over time. Additional programming at the Westfield State event will include presentations by loss survivors and mental-health professionals, as well as small-group discussions. For those who can’t attend, AFSP will also host a 90-minute online program that will include a film screening of Life Journeys, a post-screening discussion on coping with a suicide loss, and a Q&A session with online viewers. “After I lost my younger brother Raymond to suicide, I felt so alone and guilty about his death. But attending a Survivor Day event allowed me to connect with others who had lost a person close to them, and made me realize I wasn’t alone — that others understood my grief. It was incredibly healing,” said Renae Carapella-Johnson, who lost her younger brother, Raymond Carapella, to suicide in 2005. For more information about Survivor Day events, visit afsp.org. To register for the Survivor Day event at Westfield State University, contact Heather White, area director for the Western Mass. chapter of the American Foundation for Suicide Prevention, at (413) 387-3770 or [email protected].

Joseph D. Freeman Bowl-a-Thon

Nov. 19: The Joseph D. Freedman Bowl-a-Thon will present its fifth annual event to benefit Camphill Village in Copake, N.Y. The event will be held from 12:30 to 3:30 p.m. at Chicopee AMF Lanes. Last year, more than 250 attended the event, and since its inaugural in 2011, the event has raised more than $220,000 for Camphill, which is a residential village where 95 special-needs residents reside. No one has ever been charged a fee to live at the Village, nor has anyone ever been turned away for lack of funds. To learn more about the event, visit www.camphillvillage.org/bowlathon.

Girls on the Run 5k

Nov. 20: Girls on the Run Western Massachusetts will Host its Girls on the Run 5k starting at 10 a.m. at the Smith College athletic fields. The event is open to the public. The run, organizers say, is about the joy of empowering girls in grades 3-8 and celebrating their incredible achievements over the 20-session, 10-week program season of Girls on the Run Western Massachusetts. Twenty-four schools from all four Western Mass. counties coming together with their families and friends to run and celebrate their achievements. There will also be family-friendly activities and a fun warmuup. More than 250 volunteers will be running with the girls as running buddies, while numerous community members and another 85 volunteers will help organize and run the race. To volunteer or to participate in the run, visit www.girlsontherunwesternma.org, or register the day of the run starting at 8 a.m. Sponsors incude Cooley Dickinson Medical Group Women’s Health, HUB International, Holyoke Gas and Electric, Children’s Heart Center, RunReg, Holyoke Medical Center, Spoleto Restaurant, Palmer Paving, River Valley Counseling Center, and Northampton Pediatric Dentistry.

Lighting Ceremony for Trees of Love & Thanksgiving

Nov. 20: The trees in the Healing Garden at Cooley Dickinson Hospital will again be aglow this late fall and winter with lights remembering and honoring friends, family, and neighbors. Through a donation of $15 or more per individual, community members can designate a light in memory or in honor of a loved one in the annual Trees of Love & Thanksgiving. Proceeds from this annual fund-raising initiative support the purchase of equipment that enhances patient care at Cooley Dickinson. Funds raised through 2016 Trees of Love will help furnish two pediatric rooms in the hospital’s Emergency Department with murals, distraction carts, a monitoring system, and child-appropriate equipment. In addition, funds will again provide infant car beds, which are critical to ensuring the safe transport of underweight babies. This year’s fund-raising goal is $15,000. Previous Trees of Love campaigns have supported an infusion bay in the Mass General Cancer Center at Cooley Dickinson Hospital, and 3D mammography, which provides earlier detection of breast cancer. A lighting ceremony will be held Sunday, Nov. 20 at 4:30 p.m. in the Healing Garden. A reception will follow in the Kittredge Surgery Center waiting area located at the north entrance. Light refreshments will be served as the Horse Mountain Jazz Band performs. Those wishing to donate can pick up a form at the Cooley Dickinson Hospital Coffee Shop or download the form. In addition to lights on the trees in the Healing Garden, names of those being honored and remembered are posted in the corridor adjacent to the Hospital’s main lobby, in the Chapel, and at the north entrance. Trees of Love & Thanksgiving is a project of the Friends of Cooley Dickinson, formerly the Cooley Dickinson Hospital Auxiliary, and Cooley Dickinson’s Pastoral Care Department.

Court Dockets

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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

Ryan Close, p/p/a Christina Benson v. Dyanne Tappin, MD et al
Allegation: Medical malpractice: $25,000+
Filed: 10/13/16

Kocayne Givner v. J. Savage Inc., Jay Savage, and Gabriela Alcantara Pohis
Allegation: Monies owed for services, labor, and materials: $44,416.67
Filed: 10/13/16

Valerie Carter-Stone, personal representative of the estate of Alfred Carter v. Marc Norris, MD
Allegation: Medical malpractice: $25,000+
Filed: 10/17/16

Jessica Blanchard v. Teavana Corp. and Peter King
Allegation: Employment discrimination: $25,000+
Filed: 10/20/16

 

Hampshire Superior Court

David A. Woods v. Aquadro & Cerruti Inc. and Daniel O’Connell’s Sons Inc.
Allegation: Negligence on construction job site causing personal injury requiring 10 months of treatment: $92,630.28
Filed: 10/17/16

DLW Realty, LLC v. O’Leary Group Inc., MetLife Insurance Co. of Connecticut d/b/a Travelers Insurance Co.
Allegation: Contract dispute: $31,100.68
Filed: 10/17/16

 

Franklin Superior Court

Jerome Willard a/k/a Decorator’s Workroom v. Molly Aitken
Allegation: Monies owed for renovations and improvements to defendant’s property: $72,013.06
Filed: 9/21/16

Paulette Leukhardt v. Amherst College Corp. and Board of Trustees
Allegation: Employment discrimination: $105,209
Filed: 9/26/16

 

Palmer District Court

Perkins Paper LLC v. Malaru LLC d/b/a Blackjack Bar & Grill and Mark Laramee
Allegation: Monies owed for goods sold and delivered: $9,930.78
Filed: 10/5/16

Giombetti Associates Welcomes Thom Fox as Chief People Officer

By
Daily News

HAMPDEN — Giombetti Associates recently welcomed Thom Fox as its new chief people officer. Since 2013, Fox has managed a strategic consultancy focused on revenue and profitability solutions through the discovery of what customers want and don’t want. With a command of the fact-finding process and mastery of asking deeper-level, thought-provoking questions, he worked with stakeholders to build strategies yielding a larger likelihood of success. These solutions earned his clients a tremendous amount of personal and professional growth.

Prior to founding his consultancy, Thom served for 18 years at a social enterprise, helping to build the organization from a startup into a national brand producing an excess of $50 million in annual revenues. He served in a variety of roles, including education coordinator, marketing director, community outreach director, author and subject-matter expert, spokesperson, and strategist.

Fox’s advice has been featured in media outlets such as Forbes, MarketWatch, the Huffington Post, Fox Business, and others. He is also an award-winning philanthropist, volunteering as a board member for Suit Up Springfield, and supporting the business community as a facilitator for Valley Venture Mentors, producer and host of The Engine on NewsRadio 560 WHYN, and a member of the Pioneer Valley Planning Commission’s Plan for Progress Committee.

Throughout his career, Fox has built partnerships and relationships, engaged people in taking an active participation in their own growth and development, and coached entrepreneurs and community leaders to embrace change. Working in these collaborative settings, he experienced the toll that failure (and success) plays in a team dynamic. These experiences ignited a passion within him to motivate people to move in the same direction, believing that, if they do, they can reach any destination they choose.

These experiences also instilled within him the desire to help people, teams, and organizations reach their full potential — a natural fit with the core beliefs at Giombetti Associates. Fox will be charged with continuously improving the design and content of various team-building and leadership-development offerings. He will help deliver and facilitate team-building initiatives, learning workshops, and coaching to individuals and executives alike. He will also support Giombetti’s effort to solve one of its clients’ ongoing challenges: finding good people. He will help ensure that clients have enhanced access to high-performing individuals and innovative leadership training.

As an entrepreneur and consultant, Fox understands the challenges of starting and scaling a business. His time in corporate America also exposed him to the damages created by telling people what they want to hear. He has worked with Silicon Valley-based ventures, mom-and-pop startups, and established businesses on their way to becoming multi-million-dollar ventures. Throughout it all, he has maintained the philosophy that people are transformed through lovingly critical feedback and supportive services empowering them with the ability to become the best version of themselves.

Giombetti Associates is a leadership institute providing pre-employment assessment, leadership training and development, team building, talent sourcing and acquisition, conflict resolution, strategic business coaching, M&A consulting, and a few other areas of expertise, with personality and behavior serving as the foundation to all of them.

Two Organizations Receive 2016 Employer of Choice Recognition

By
Daily News

AGAWAM — Two Massachusetts organizations were recognized as Employer of Choice Award recipients by the Employers Assoc. of the NorthEast (EANE): Shriners Hospitals for Children – Springfield and Venture Community Services of Sturbridge. The awards were given at EANE’s Employment Law and HR Practices Conference luncheon at the Springfield Marriott on Nov. 3.

Employer of Choice Awards recognize companies and organizations for developing workplaces that value employees, foster engagement, invest in training, and reward performance. Past winners view the award as a cornerstone of their company credentials and often highlight the award in recruiting and retention, grants and funding applications, and business development. All winners receive a professional, customized video that spotlights the company’s achievements.

“We received a wealth of great applicants. Regardless of size, the best organizations are measuring employee engagement in some way and using that data to make a difference in a manner they can afford,” said Meredith Wise, president of EANE. “From cool communications tactics leveraging mobile apps to innovative green initiatives to company-paid time off for community service, the array of engagement tools is always inspiring.”

Shriners Hospitals for Children – Springfield is a unique pediatric specialty, research, and teaching hospital providing orthopedic, rheumatology, and cleft lip and palate care using the latest innovations in diagnosis and treatment. The hospital is designed exclusively for children, offering a full range of inpatient and outpatient services under one roof, so children can receive family-centered care and treatment. It treats thousands of children locally and internationally each year regardless of the family’s ability to pay.

Venture Community Services is a not-for-profit human-service agency that provides support to individuals facing diverse challenges through a compassionate and dedicated workforce using innovative practices that encourage independence, empowerment, and opportunity. Its clinical programs include adult foster care, autism support, community day programs, community residences, shared living, supported employment, transportation services, and youth and family support.

Employers from Massachusetts, Connecticut, and Rhode Island who have been in business for at least three years and have a minimum of 25 employees are eligible to participate. Both the company size and its resources are considered in the screening and selection process. Entrants are judged in areas including company culture, training and development, communication, recognition and reward, and work-life balance.

Best Lawyers Honors Robinson Donovan with Nine Top-tier Rankings

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Daily News

SPRINGFIELD — Robinson Donovan, P.C., a full-service law firm representing individual and business clients throughout Massachusetts and New England, announced that the firm has been honored with nine top-tier rankings by The Best Lawyers in America.

This year Robinson Donovan, P.C., was awarded top-tier rankings in nine different practice areas, across three different tiers in the Springfield metropolitan area. They include Tier 1 rankings in corporate law, personal-injury litigation – defendants, real-estate law, and trust and estate law; Tier 2 rankings in employment law – management, family law, tax law, and litigation, specifically in labor and employment; and a Tier 3 ranking in personal-injury litigation – plaintiffs.

“Attaining so many distinctions across numerous different practice areas speaks volumes about the talented attorneys at the firm,” said Partner James Martin. “These top-tier rankings not only positively reflect on our legal competence as a firm, but also on our proficiency.”

Best Lawyers is the oldest legal peer-review publication. A Best Lawyers selection is broadly regarded by both clients and legal professionals as a significant honor conferred on a lawyer by his or her peers. The Best Lawyers lists of outstanding attorneys are compiled by conducting comprehensive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers. Lawyers are not allowed to pay any fee to be included.

The rankings are based on an evaluation process that includes both client and lawyer evaluations, peer reviews from leading attorneys in specified practice areas, and final reviews from law firms as part of the formal review process and selection. To qualify for the tier rankings, a law firm must have at least one lawyer who is included in Best Lawyers in that particular practice area and metropolitan area.

Skoler, Abbott & Presser Earns Tier 1 Ranking from Best Lawyers

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Daily News

SPRINGFIELD — Skoler, Abbott & Presser, P.C. announced it has once again received a Tier 1 ranking in five different practice areas for the Springfield metropolitan area by The Best Lawyers in America.

The firm was recognized for its excellence in arbitration, employment law in management, labor law in management, labor and employment litigation, and mediation. Notably, all of these practice areas received Tier 1 rankings, signifying a score within a certain percentage of the highest-scoring firms in the metropolitan area.

“We do our best every day to present our clients with legal advice that reflects an understanding of each of their unique businesses,” said Partner Timothy Murphy. “I think the firm’s high degree of expertise and proficiency is demonstrated in our continued ranking as a Tier 1 law firm by Best Lawyers.”

Attaining a Tier 1 ranking in so many different practice areas marks a strong combination of quality law practice and expansive legal experience, and reflects one of the highest levels of respect within the legal community, he added.

The rankings are based on an evaluation process that includes both client and lawyer evaluations, peer reviews from leading attorneys in specified practice areas, and final reviews from law firms as part of the formal review process and selection. To be eligible for the rankings, a law firm must have at least one lawyer who is included in Best Lawyers in that particular practice area and metropolitan area.

Best Lawyers is the oldest peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor conferred on a lawyer by his or her peers. The Best Lawyers lists of outstanding attorneys are compiled by conducting comprehensive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers. If the votes for an attorney are positive enough for inclusion in Best Lawyers, that attorney must maintain those votes in subsequent polls to remain on the list for each edition. Lawyers are not permitted to pay any fee to be included on the lists.

Employer Confidence Strengthens in October

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Daily News

BOSTON — Confidence among Massachusetts employers rose for a second consecutive month during October, bolstered by a surprising improvement in the outlook among manufacturers and the continued strong performance of the state economy.

The Associated Industries of Massachusetts (AIM) Business Confidence Index rose 0.3 points to 56.2 last month, 0.6 points higher than in October 2015. The increase was driven by a 2.6-point jump in the manufacturing index, which has lagged overall confidence readings for the past 18 months as companies struggled with economic weakness in Europe, China, and other key export markets.

The increase came as the Massachusetts unemployment rate fell to 3.6%, its lowest rate since the dot-com boom of 2001.

“Local unemployment rates dropped in 22 of 24 labor market areas throughout Massachusetts during September, which is consistent with gains in the AIM Employment Index over both the month and year,” said Sara Johnson, senior research director, Global Economics, IHS Global Insight, and a member of the AIM Board of Economic Advisors (BEA). “Both sets of numbers indicate that Massachusetts economy continues to perform well. State employment is growing faster than at the national level.”

The AIM Index, based on a survey of Massachusetts employers, has appeared monthly since July 1991. It is calculated on a 100-point scale, with 50 as neutral; a reading above 50 is positive, while below 50 is negative. The Index reached its historic high of 68.5 on two occasions in 1997-98, and its all-time low of 33.3 in February 2009. It has remained above 50 since October 2013.

Almost all of the sub-indices based on selected questions or categories of employer were up in October. The Massachusetts Index, assessing business conditions within the Commonwealth, gained 0.9 points to 57.9, leaving it a healthy 3.8 points ahead of the same time last year. The U.S. Index of national business conditions remained unchanged at 49.2, 1.7 points lower than its level of October 2015. Employers have been more optimistic about the Massachusetts economy than about the national economy for 78 consecutive months.

The Current Index, which assesses overall business conditions at the time of the survey, increased slightly to 56, while the Future Index, measuring expectations for six months out, rose 0.3 points to 56.3. The future view is virtually the same as it was a year ago.

The three sub-indices bearing on survey respondents’ own operations also strengthened. The Company Index, reflecting overall business conditions, rose 0.2 points to 57.9, while the Employment Index surged 0.9 points to 55.4. The Sales Index lost ground, however, falling 1.2 points during October and 3.9 points during the previous 12 months.

The AIM survey found that nearly 39% of respondents reported adding staff during the past six months, while 19% reduced employment. Expectations for the next six months were stable, with 38% expecting to hire and only 10% downsizing.

Despite the rise in the Manufacturing Index, non-manufacturing companies still maintain a significantly brighter outlook than manufacturers. The overall Business Confidence Index among non-manufacturers was 59.3, compared to 53.5 for manufacturing companies.

“The year-long weakening of the Sales Index presents some concerns in an otherwise upbeat report since sales ultimately drive employment growth,” said Barry Bluestone of Northeastern University, a BEA member. “In the longer term, concerns remain about the changing demographic structure of the state population, as relatively few young people enter, and a large group of older workers leave — or are poised to leave — the workforce.”

AIM President and CEO Richard Lord, also a BEA member, noted that the economic recovery appears to be benefiting the entire Commonwealth, not just the metropolitan Boston area.

“It’s great to see unemployment falling in areas outside the Boston-Cambridge technology belt, which has been enjoying explosive economic growth since the onset of the recovery,” he said. “One of the key tenets of AIM’s Blueprint for the Next Century economic plan for Massachusetts is that lawmakers must make public policy that allows economic opportunity to flourish in all areas of the Commonwealth, from Boston to the Berkshires. We look forward to bringing that perspective to the Legislature when it begins its new session in January.”

A Meeting of the Minds

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Opinion

Editorial

Years ago, the annual business trade show was a big deal.

It was a time to see the latest technology, find out what was new, discover what was trending, make some connections, and let people know your business could provide valuable products or services.

Well, times have changed somewhat — you don’t need us to tell you that — but the business show can still be a big deal, and this year’s edition of the Western Mass. Business Expo  certainly fits that description.

It will enable exhibitors and attendees to see the very latest technology — from robots to virtual reality to drones used in marketing; to find out what’s trending in everything from employment law to motivating Millennials to closing the dreaded skills gap; to make introductions; and to create some of those all-important connections.

And it’s this desire to generate connections that prompted BusinessWest to inject new energy and life into the Springfield Chamber’s annual business-to-business show, give it a new focus, and take it to a much higher level.

Indeed, while there are many networking opportunities on the calendar each year, none approaches the Expo in terms of both the size of the room and the depth of the opportunities.

Getting back to those connections, they are still needed in the business world today, but real, face-to-face connections are fast becoming as ‘old’ as the fax machine.

It seems that people communicate by e-mail and text these days, using the phone when something a little more personal than those options is required. Seeing people and shaking their hand … well, not so much. People rarely even go out to lunch anymore, preferring their desk or the conference-room table and solitude.

Not that there’s anything wrong with that.

But to do business and understand what’s happening in the business community, people need to get out more. And because there isn’t much time, they need to maximize their opportunities when they do get out. That’s not the official motivation behind the Expo, but it might as well be.

This year, attendees can go back to their offices better informed about:

• Innovation districts and efforts to create them;
• Millennials — what drives them, what motivates them, what keeps them at your company instead of looking for opportunities elsewhere, and much more;
• The skills gap and the many initiatives being undertaken to close it, including ongoing work to inspire young people to pursue STEM careers by conceptualizing, designing, building, and then competing with robots;
• Virtual reality and how to generate and then realize opportunities to seize the tremendous potential of what is being described as disruptive technology;
• Inspiration and perseverance, such as that displayed by a Boston Marathon bombing survivor who found the courage and determination not to let horrible injuries get in the way of her life and her dreams;
• Stories of entrepreneurship talking place across the region, through both a pitch competition and a ‘Where are They Now?’ program created to showcase the progress made by several startups;
• Marketing strategies, why they work, and why they might not; and
• Big Data, the cloud, drones, SEO (search-engine optimization), computer security, and many of the other high-tech developments and trends shaping business today.

Add it all up, and it yields one giant opportunity — to see, be seen, learn, become inspired, and inspire others.

In short, it’s an opportunity not to be missed.

People on the Move

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Departments People on the Move
Anne Thomas

Anne Thomas

Paul Nicholson, chair of the board of directors for Glenmeadow, announced that Anne Thomas has accepted the position of President and CEO, and will begin work with the nonprofit on Nov. 1. Thomas most recently served as vice president of residential health at JGS Lifecare in Longmeadow, and she has over 25 years of experience working with seniors. “She has strong operational, interpersonal, team-building, and financial-management skills,” Nicholson said. “Most importantly, though, her career has been devoted solely to older adults, and she is passionate about the people she serves, including the staff members she leads. She has demonstrated that she is a driven leader.” Thomas holds a bachelor’s degree in social work from Providence College in Rhode Island and a master’s in social work from Hunter College in New York. “I’m truly excited about the opportunity to lead Glenmeadow as its next CEO,” Thomas said. “Glenmeadow has earned its stellar reputation by its deep dedication to improving the lives of older adults. As a core value, I have always believed later life should be the best part of life. This philosophy is embedded in the Glenmeadow community, so I was immediately attracted.”

•••••

Matt Roberts

Matt Roberts

Matt Roberts recently joined the Gaudreau Group Insurance and Financial Services Agency of Wilbraham as a Business Insurance Service & Sales Assistant. He specializes in helping identify gaps in commercial insurance coverage, as well as areas in which a business may have been overinsured, which results in better control over costs while achieving more solid coverage. “Matt delivers real value to our clients by helping them understand their insurance cost drivers, especially workers’ compensation. He utilizes our industry-leading technology, including forecasting tools and predictive budget analysis, to help our clients stay proactive and have better control over their insurance dollars,” said Jules Gaudreau, president of the Gaudreau Group. Roberts has been in the insurance industry since 2011, when he started his career with a large national carrier. He is a graduate of Lasell College in Newton, with bachelor’s degrees in both accounting and business management.

•••••

Daniel O’Connell

Daniel O’Connell

Sarah Ornelas

Sarah Ornelas

Springfield-based law firm O’Connell & Plumb, P.C., announced that attorney Daniel O’Connell was named to the 2016 New England Super Lawyers list in the area of Plaintiff Employment Litigation, and attorney Sarah Ornelas has been named to the 2016 New England Super Lawyers’ Rising Stars list in the area of Plaintiff Employment Litigation. This is the second consecutive year that both O’Connell and Ornelas have been included on these lists. According to the webpage for Super Lawyers, it is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. O’Connell and Ornelas both focus their practice in the areas of employment-based discrimination, sexual harassment, retaliation, and wrongful termination.

•••••

Jennifer Bujnevicie

Jennifer Bujnevicie

Laura Dennis

Laura Dennis

Country Bank announced that Jennifer Bujnevicie and Laura Dennis have been promoted to the position of Regional Managers of the bank’s Retail Banking division. Bujnevicie has been in the banking industry since 2004 and has held several positions during her tenure at Country Bank, beginning as a teller, and just prior to this promotion as operations manager. “I have a passion for customer service and a great love for helping people,” she said. Bujnevicie holds a human resources certificate from the Center for Financial Training, and is currently enrolled in the New England College of Business & Finance, pursuing a degree in business administration. She is a self-proclaimed animal lover and often volunteers her time at the Second Chance Animal Shelter. Dennis joined Country Bank while still in high school as a part-time file clerk in 2000, and became a full-time staff member upon her graduation. She began her career in the Collections department, but then moved to retail banking to be with the customers, and has been there ever since. “I am passionate about working with my team and helping them develop in their positions. The greatest reward for me personally is seeing them reach their professional goals,” she said. Dennis graduated from the New England School for Financial Studies in 2015 and serves as the treasurer for both the Palmer and Belchertown units of the Salvation Army. “I’m very excited to work closely with Jenn and Laura as they lead our branch staff to continued success focused on excellence in customer service and product delivery,” said Brady Chianciola, first vice president of Retail Banking. “They bring with them a wealth of knowledge from the retail aspect of banking as well as a true sense of community, which is so important to Country Bank.”

•••••

Skoler, Abbott & Presser, P.C. announced that three of its attorneys were honored by Super Lawyers for 2016. Each year, no more than 5% of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor:

Ralph Abbott Jr.

Ralph Abbott Jr.

• Ralph Abbott Jr. was listed in Super Lawyers in the categories of employment and labor law. A partner since 1975, Abbott is known throughout the legal community for his work representing management in labor relations and employment-related matters, providing employment-related advice to employers, assisting clients in remaining union-free, and representing employers before the National Labor Relations Board (NLRB). He also has numerous credits as an author, editor, and teacher, and a record of civic and community involvement. Since 2010, he has been ranked as one of the top labor and employment attorneys in the state of Massachusetts by the prestigious Chambers USA rating firm;

• Susan Fentin

• Susan Fentin

• Susan Fentin was listed in Super Lawyers in the categories of employment and labor law. She has been a partner at the firm since 2004. Her practice concentrates on labor and employment counseling, advising large and small employers on their responsibilities and obligations under state and federal employment laws and representing employers before state and federal agencies and in court. She speaks frequently to employer groups, conducts training on avoiding problems in employment law, and teaches master classes on both the FMLA and ADA. She has also been ranked as one of the top labor and employment attorneys in the state of Massachusetts by the prestigious Chambers USA and was named one of the Top 50 Women in the Law in 2015; and

Jay Presser

Jay Presser

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

•••••

Judi Real

Judi Real

The DiGrigoli Companies (which includes DiGrigoli Salon, DiGrigoli School of Cosmetology, and DiGrigoli Seminars) announced that Judi Real has been promoted to Creative Director. Real started with the company in February 2015 as executive assistant to the CEO, Paul DiGrigoli. From the beginning, her passion for marketing and advertising stood out, and she has been instrumental in many social-media and printed marketing campaigns for all three branches of the company. With her previous position successfully filled, she is now able to devote all of her time to marketing, brand development, and advertising.

Agenda

By
Agenda Departments

Seminars on Memory Loss

Nov. 1: Linda Manor Assisted Living will host seminars on early memory troubles and strategies for seniors at noon and again at 5:30 p.m. Lunch and dinner will be served. Dr. Beth Warner, a geriatrician and Linda Manor’s medical director, will discuss the early signs of memory problems, causes of memory loss, what a memory-loss evaluation should include, and strategies for discussing memory loss with loved ones. She is certified by the American Medical Directors Assoc. and has completed specialized education in care and management concerns specific to older populations and long-term care. She is board-certified in internal medicine, geriatrics, and hospice and palliative care. Seating is limited. Those wishing to attend are asked to register by calling (413) 588-3316.

‘Being Mortal’ Documentary

Nov. 1: Hospice of Franklin County, in collaboration with Baystate Franklin Medical Center, is holding a free community screening of the documentary Being Mortal at 5:15 p.m. in hospital conference rooms A, B, and C. After the screening, audience members can participate in a guided conversation on how to take concrete steps to identify and communicate wishes about end-of-life goals and preferences. Being Mortal delves into the hopes of patients and families facing terminal illness. The film investigates the practice of caring for the dying and explores the relationships between patients and their doctors. It follows a surgeon, Dr. Atul Gawande, as he shares stories from the people and families he encounters. When Gawande’s own father gets cancer, his search for answers about how best to care for the dying becomes a personal quest. The film sheds light on how a medical system focused on a cure often leaves out the sensitive conversations that need to happen so a patient’s true wishes can be known and honored at the end. It underscores the importance of people planning ahead and talking with family members about end-of-life decisions. Seventy percent of Americans say they would prefer to die at home, but nearly 70% die in hospitals and institutions. Ninety percent of Americans know they should have conversations about end-of-life care, yet only 30% have done so. For more information about the free screening or to RSVP for the event, contact Andrea Johnston at (413) 773-2144 or [email protected]. The free screening is made possible by a grant from the John and Wauna Harman Foundation in partnership with the Hospice Foundation of America.

Real-estate Licensing Course

Nov. 2: Beginning Wednesday, Nov. 2, the Realtor Assoc. of Pioneer Valley will sponsor a 40-hour, 14-class sales licensing course to help individuals prepare for the Massachusetts real-estate salesperson license exam. The course will be completed on Dec. 7. Tuition is $359 and includes the book and materials. For an application, call the Realtor Assoc. of Pioneer Valley at (413) 785-1328.

Western Mass. Business Expo

Nov. 3: Comcast Business will present the sixth annual Western Mass. Business Expo at the MassMutual Center in downtown Springfield, produced by BusinessWest and the Healthcare News. The business-to-business show will feature more than 150 exhibitor booths, educational seminars, breakfast hosted by the Springfield Regional Chamber of Commerce, lunch hosted by BusinessWest, and a day-capping Expo Social. Current sponsors include Comcast Business (presenting sponsor), Express Employment Professionals, Health New England, the Isenberg School of Management at UMass Amherst, Johnson & Hill Staffing Services, MGM Springfield, Wild Apple Design, the Western Mass. Economic Development Council, Savage Arms, Meyers Brothers Kalicka, the Better Business Bureau, and the Regional Employment Board of Hampden County. The event’s media partners are WMAS, WHMP, and Rock 102/Laser 99.3. For more Expo details, see the special section in this issue or visit www.wmbexpo.com.

Bay Path University Cybersecurity Summit

Nov. 4: Cybersecurity is no longer just a technology problem — it has become a business differentiator. As the topic is discussed around the table of company boards and government task forces, the face of cybersecurity professionals is changing as well. At Bay Path University’s fourth annual Cybersecurity Summit, “The Business of Cybersecurity,” Jillian Munro will share her experiences and observations from throughout her career of the different facets of that new face, highlighting how non-traditional skills now apply in the area of cybersecurity. The summit takes place in Blake Student Commons on the university’s Longmeadow campus. Breakfast will be offered at 7:30 a.m. followed by the presentation at 8 a.m. Munro is senior vice president of Resiliency & Business Engagement for the Enterprise Cybersecurity (ECS) organization at Fidelity Investments. Fidelity is a leading provider of investment management, retirement planning, portfolio guidance, brokerage, benefits outsourcing, and other financial products and services to more than 20 million individuals, institutions, and financial intermediaries. Munro joined Fidelity in 2015 and is responsible for ensuring alignment between the firm’s business priorities and the cybersecurity agenda, as well as leading the enterprise technology resiliency program. The summit is presented by Bay Path’s Master of Science in Cybersecurity Management program, which was launched October 2013 as the first of its kind in New England. The summit is free and open to the public. To register, visit www.baypath.edu and click on ‘Events.’ For more information, e-mail Ann Cantin at [email protected].

LEEF Black and White Fund-raising Gala

Nov. 5: The Longmeadow Educational Excellence Foundation (LEEF) will host its 15th annual fund-raising gala from 6:30 to 11 p.m. at Twin Hills Country Club. The event, which will feature a black and white theme, includes food, entertainment, silent and live auctions, and raffles. This year’s entertainment will be provided by Boston’s premier party band, the Marsels. Funds raised through the gala are used to provide grants to Longmeadow teachers, providing opportunities for innovative educational and enrichment programs that go beyond the tax-supported budget. Since its founding in 2001 by a group of dedicated parents, LEEF has funded 330 teacher grant requests, totaling more than $1.2 million, to Longmeadow public schools. LEEF maintains both a sustaining fund and a permanent endowment with the Community Foundation of Western Massachusetts. “It is only through the generous support of our sponsors and donors that we are able to supply these grants that enhance our students’ education,” said Whitney Harrington, LEEF board member and co-chair of the gala. The platinum sponsor of the 2016 LEEF gala is North Star Recycling. Gold sponsors are Bay Path University and Green Earth Energy Photo Voltaic Group. Long-time supporters Advanced Vein Care and Collins Pipe are silver sponsors, with Playful Minds, Bacon Wilson, and Harry Grodsky & Co. as bronze sponsors. Tickets are available at $85 each. Donations for the live and silent auction are still being accepted. To donate or sign on as a sponsor or volunteer, e-mail Harrington at [email protected]. To purchase gala tickets, visit www.goleef.org or mail checks to LEEF, P.O. Box 60782, Longmeadow, MA 01106-0782.

Spaghetti Dinner to Benefit Alzheimer’s Assoc.

Nov. 8: Williamstown Commons will host a spaghetti supper from 5 to 7 p.m. at Williamstown Commons, 25 Adams Road, Williamstown. The cost is $8 per person at the door, and all proceeds from the dinner will benefit the Alzheimer’s Assoc. The supper will include spaghetti with meatballs, Italian sausage, garlic bread, dessert, and beverages. Diners may dine in or take their meal to go. Williamstown Commons, located at 25 Adams Road, Williamstown, is a nonprofit organization providing short-term rehabilitation, long-term skilled-nursing care, respite care, and hospice services.

‘Diversify Your Workforce’

Nov. 17: The Western Mass. Employment Collaborative (WMEC) will present a breakfast event called “Diversify Your Workforce” from 9 to 11 a.m., preceded by breakfast and networking at 8:30 a.m. at the Delaney House in Holyoke. WMEC partners work toward the common goal of increasing employment opportunities for individuals with disabilities. WMEC works across all disabilities and represents hundreds of job seekers who have the skills, commitment, and desire to enter the workforce and contribute positively to a local employer. To that end, it is partnering with the Mass. Down Syndrome Congress and its “Find Your Next Star” campaign. Attendees of the Nov. 17 event will learn ways to grow their business and meet their hiring needs. To register, visit www.mdsc.kintera.org/dywwest.

Joseph D. Freeman Bowl-a-Thon

Nov. 19: The Joseph D. Freedman Bowl-a-Thon will present its fifth annual event to benefit Camphill Village in Copake, N.Y. The event will be held from 12:30 to 3:30 p.m. at Chicopee AMF Lanes. Last year, more than 250 attended the event, and since its inaugural in 2011, the event has raised more than $220,000 for Camphill, which is a residential village where 95 special-needs residents reside. No one has ever been charged a fee to live at the Village, nor has anyone ever been turned away for lack of funds. To learn more about the event, visit www.camphillvillage.org/bowlathon.

Eight Bacon Wilson Attorneys Named Super Lawyers, Rising Stars

By
Daily News

SPRINGFIELD — Bacon Wilson announced that five attorneys have been named to the 2016 Massachusetts Super Lawyers list of top attorneys in the Commonwealth, and three have been named to the 2016 Massachusetts Rising Stars list. Both rosters appear in New England Super Lawyers magazine. Only 5% of New England’s lawyers are Super Lawyers, with attorneys selected for background, professional experience, achievement, and peer recognition. The following Bacon Wilson attorneys were honored for 2016:

• Gary Fialky – Business/Corporate, Banking, Real Estate;

• Michael Katz – Business/Corporate, Business Bankruptcy, Consumer Bankruptcy;

• Paul Rothschild – General Litigation, Employment and Labor, Personal Injury;

• Hyman Darling – Estate Planning & Probate, Elder Law, Tax; and

• Gina Barry – Estate Planning and Probate, Elder Law, Residential Real Estate.

Rising Stars are under 40 years of age, or have been practicing law for less than ten years. Fewer than 2.5% of New England lawyers are named as Rising Stars, including the following Bacon Wilson attorneys for 2016:

• Adam Basch – Construction Litigation, Business Litigation, Personal Injury;

• Benjamin Coyle – Business/Corporate; State, Local, and Municipal; Estate and Trust Litigation; and

• Thomas Reidy – Land Use/Zoning.

Super Lawyers is an attorney-rating service that compiles annual lists of attorneys with high degrees of peer recognition and professional achievement. There is no opportunity to pay for a listing. Rather, selections are determined by a process that includes independent research, evaluation of candidates, peer reviews, and a statewide survey of lawyers, rendering results that are credible, comprehensive, and diverse listings of exceptional attorneys.

STCC Lands $3.4M Grant to Boost Hispanic STEM Graduates

By
Daily News

SPRINGFIELD — Springfield Technical Community College (STCC) has been awarded a five-year, $3.4 million grant from the U.S. Department of Education to help Hispanic and low-income students obtain degrees in science, technology, engineering, and math (STEM). U.S. Rep. Richard Neal announced the funding package during a press conference at STCC.

Called the Hispanic and Low-Income Transformed Education in STEM (HiLITES) Project, the grant will provide services and supports across campus to ensure student success in STEM classes and majors.

“Most jobs in the future will require a basic understanding of science, technology, engineering, and mathematics,” Neal said. “That is why this federal assistance from the U.S. Department of Education is so important and timely. It will give Hispanic and low-income students an opportunity to learn the necessary skills that can lead to a successful career in the growing STEM industry.”

STCC President John Cook understands this, Neal went on, “and that’s why I congratulate him and his team at STCC for securing this highly competitive grant. Because of their leadership, some of our region’s diverse student population are being given an extraordinary opportunity to receive a STEM-based education and find a good-paying job.”

STCC is the only community college in Massachusetts to receive this award.

“We feel tremendously fortunate to receive this funding from the U.S. Department of Education and are also very grateful for the support offered by Congressman Neal,” Cook said. “STCC is open-eyed about student needs, and this grant helps us address complex challenges. We look forward to building diversity across our unique array of STEM programs, and this is a chance to both expand initiatives, while also trying new and creative approaches.”

Only 11.4% of Hispanic students at STCC –— and 14% of low-income students — major in STEM fields, said Arlene Rodriguez, vice president for Academic Affairs at STCC. She noted that Hispanic and low-income students enter college with greater developmental math needs and have lower rates of retention and graduation. Students who are Hispanic and low-income perform worse on all three measures than students who are only Hispanic or low-income. The grant is designed to help Hispanic and low-income students overcome hurdles on their path to an associate STEM degree and transfer to a baccalaureate program.

“I am pleased that we have been awarded this grant, which aims at providing greater possibilities for a bright future for Latinx and low-income students,” Rodriguez said.

Dr. Adrienne Smith, dean of the School of Engineering Technologies and Mathematics, added that “I am thrilled about the receipt of this grant award, as this funding will provide the college with the necessary resources to increase the numbers of Hispanic and low-income students in STEM, thereby increasing their chances for employment in high-paying STEM careers.”

The project aims to increase the number of Hispanic and low-income students in STEM disciplines, increase pass and retention rates by redesigning developmental and gateway STEM coursework, provide student supports throughout degree programs to encourage progression and completion, and provide high-quality professional development for STEM faculty.

Highlights of the project include hands-on STEM demonstrations for local middle- and high-school students; an expansion of the method for assessing math placement for entering students; a redesign of developmental math and entry-level chemistry curricula; the hiring of two STEM advisers to conduct outreach and help transition STEM majors into the college; the creation of a STEM Center as a centralized location for presentations, group study, and tutoring; assessment software to support faculty work; and the funding of numerous professional-development opportunities for faculty.

To be eligible to receive the grant, colleges must have the federal designation of HSI (Hispanic-Serving Institution). An HSI institution must have at least 25% Hispanic students making up the total student population. With a Hispanic student population of 27.6%, STCC has officially been designated a Hispanic Serving Institution since 2013. Additionally, 56% of STCC students receive federal Pell grants, which are limited to students with financial need.

STCC began planning for the grant in September 2015 with the formation of a HSI STEM planning committee.

Amy Royal Receives Recognition as New England Super Lawyer

By
Daily News

NORTHAMPTON — Royal, P.C., a woman-owned, boutique, management-side labor and employment law firm, announced that Amy Royal, principal and founding partner of the firm, has been honored with selection as one of New England’s Super Lawyers and has been included in the 2016 issue of New England Super Lawyers magazine.

Super Lawyers consists of attorneys throughout New England who are nominated by their peers as outstanding lawyers; the nomination then goes through an extensive selection process.

With more than 16 years of experience, Royal has successfully defended employers in both federal and state courts as well as before administrative agencies in a variety of areas of employment law, including employment discrimination and sexual harassment, unfair competition, breach of contract and wrongful discharge claims, workers’ compensation, and Family and Medical Leave Act (FMLA), Employee Retirement Income Security Act (ERISA), and Fair Labor Standards Act (FLSA) violations, with a special emphasis in wage-and-hour class actions.

Royal regularly advises non-union clients on maintaining a union-free workplace and performs other preventive work such as wage-and-hour law compliance, record-keeping audits, drafting of employee manuals and affirmative-action plans, and management training. In addition, she assists unionized clients during contract negotiations, at arbitrations, and with respect to employee grievances and unfair-labor-practices charges.

Royal’s accolades also include Massachusetts Lawyers Weekly’s 2012 Top Women of Law award recognizing her as a top female lawyer in Massachusetts, as well as BusinessWest’s prestigious 40 Under Forty award, recognizing her for outstanding leadership in the Pioneer Valley business community.

Three Skoler, Abbott & Presser Attorneys Named to Super Lawyers

By
Daily News

SPRINGFIELD — Skoler, Abbott & Presser, P.C. announced that three of its attorneys were honored by Super Lawyers for 2016. Each year, no more than 5% of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Ralph Abbott, Jr. was listed in Super Lawyers in the categories of employment and labor law. A partner since 1975, Abbott is known throughout the legal community for his work representing management in labor relations and employment-related matters, providing employment-related advice to employers, assisting clients in remaining union-free, and representing employers before the National Labor Relations Board (NLRB). He also has numerous credits as an author, editor, and teacher, and a record of civic and community involvement. Since 2010, he has been ranked as one of the top labor and employment attorneys in the state of Massachusetts by the prestigious Chambers USA rating firm.

Susan Fentin was listed in Super Lawyers in the categories of employment and labor law. She has been a partner at the firm since 2004. Her practice concentrates on labor and employment counseling, advising large and small employers on their responsibilities and obligations under state and federal employment laws and representing employers before state and federal agencies and in court. She speaks frequently to employer groups, conducts training on avoiding problems in employment law, and teaches master classes on both the FMLA and ADA. She has also been ranked as one of the top labor and employment attorneys in the state of Massachusetts by the prestigious Chambers USA and was named one of the Top 50 Women in the Law in 2015.

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

Robinson Donovan Attorneys Named to Super Lawyers, Rising Stars

By
Daily News

SPRINGFIELD — Robinson Donovan, P.C. announced that eight attorneys have been selected to the 2016 Massachusetts Super Lawyers list, and two attorneys have been selected to the Rising Stars list.

Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented, multi-phase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The result is a credible, comprehensive, and diverse listing of exceptional attorneys.

No more than 5% of lawyers in Massachusetts are selected by Super Lawyers, and no more than 2.5% of lawyers in Massachusetts under the age of 40, or in practice for 10 years or less, are selected to Rising Stars.

Managing Partner Jeffrey Roberts was selected to the 2016 Massachusetts Super Lawyers list in the field of estate and probate law. He has been selected to the Super Lawyers list repeatedly for more than a decade.

Partner Jeffrey McCormick was selected to the 2016 Massachusetts Super Lawyers list in the field of general litigation. In addition to selection to the Super Lawyers list, on which he has been included for more than a decade, he was also selected to the 2016 Massachusetts Top 100 List and the 2016 New England Top 100 List.

Partner James Martin was selected to the 2016 Massachusetts Super Lawyers list in the field of closely held business law. He practices corporate and business counseling, litigation, and commercial real-estate law.

Partner Nancy Frankel Pelletier was selected to the 2016 Massachusetts Super Lawyers list in the field of civil litigation (defense). She has been selected to the Super Lawyers list for more than 10 consecutive years and has also been selected to the 2016 Massachusetts Top 50 Women List, the 2016 New England Top 50 Women List, the 2016 Massachusetts Top 100 List, and the 2016 New England Top 100 List. She exclusively practices litigation.

Partner Patricia Rapinchuk was selected to the 2016 Massachusetts Super Lawyers list in the field of employee litigation (defense). She was also selected to the 2016 Massachusetts Top 50 Women List. She practices employment law and litigation.

Partner Carla Newton was selected to the 2016 Massachusetts Super Lawyers list in the field of family law. She practices divorce and family law, litigation, corporate and business counseling, and commercial real estate.

Partner Jeffrey Trapani was selected to the 2016 Massachusetts Rising Stars list in the field of employment litigation (defense) law. He practices litigation and employment law.

Partner Michael Simolo was selected to the 2016 Massachusetts Rising Stars list in the field of estate and probate law. He practices corporate and business counseling, estate planning, and litigation.

Richard Gaberman, of counsel, was selected to the 2016 Massachusetts Super Lawyers list in the field of estate and probate law. He has been included in the Super Lawyers list for more than 10 years. His practice focuses on corporate and business counseling, commercial real-estate, tax, and estate-planning law.

Associate Kevin Chrisanthopoulos was selected to the 2016 Massachusetts Super Lawyers list in the field of general litigation. He practices litigation.

O’Connell & Plumb Attorneys Among New England Super Lawyers

By
Daily News

SPRINGFIELD — Springfield-based law firm O’Connell & Plumb, P.C., announced that attorney Daniel O’Connell was named to the 2016 New England Super Lawyers list in the area of Plaintiff Employment Litigation, and attorney Sarah Ornelas has been named to the 2016 New England Super Lawyers’ Rising Stars list in the area of Plaintiff Employment Litigation. This is the second consecutive year that both O’Connell and Ornelas have been included on these lists.

According to the webpage for Super Lawyers, it is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations. Super Lawyers selections are made annually using a patented, multi-phase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The result is a credible, comprehensive, and diverse listing of exceptional attorneys. Only 5% of lawyers in each state are selected to the Super Lawyers list annually. Only 2.5% of Massachusetts attorneys are named a Rising Star. A candidate for the Rising Star distinction goes through the same vigorous reviewing process as the Super Lawyers selection and also must be either under 40 years old or in practice for less than 10 years.

O’Connell and Ornelas both focus their practice in the areas of employment-based discrimination, sexual harassment, retaliation, and wrongful termination.

People on the Move

By
Departments People on the Move
Jay Presser

Jay Presser

Skoler, Abbott & Presser, P.C. announced that, after 40 years of practicing law, Attorney Jay Presser has retired. “It has truly been an honor for me to be a part of the firm,” said Presser. “My career at Skoler Abbott has afforded me the distinct opportunity of working alongside some of the best lawyers in our region, and I know the firm’s legal reputation will continue on for many years.” Presser, who started with the firm in 1977, has more than 40 years of experience litigating employment cases in federal and state courts and before administrative agencies, including the National Labor Relations Board, the Mass. Commission Against Discrimination, and the State Labor Relations Commission. He has successfully defended employers in civil actions and jury trials and has handled cases in all areas of employment law. He has won appeals before the Supreme Judicial Court and the First and Second Circuit Courts of Appeals, and has represented employers in hundreds of arbitration cases arising under collective-bargaining agreements. In addition to his consistent track record in the courtroom, he has received numerous honors, along with more than 20 consecutive years on the Best Lawyers in America list. “As we reflect on Jay’s retirement, we look forward to the future of the firm,” said attorney Timothy Murphy. “With his help, we have assembled an excellent team of legal professionals — a legacy that Jay will leave behind for years to come.”
•••••
The Gaudreau Group Insurance and Financial Services Agency of Wilbraham welcomed Tracy Goodman, Personal Risk Specialist, to its personal insurance team. Using the agency’s access to dozens of carriers to ensure a customized experience for each client, Goodman designs personal risk-management plans for individuals and employer groups, helping protect what’s important to them. She specializes in coverages including life, home, auto, renters, and umbrella. “Tracy takes pride in completing a thorough coverage analysis with each client, helping them to understand their coverage, feel financially comfortable, and know what to expect if they ever have a loss. She’s a valuable addition to our remarkable personal insurance team, and our clients will benefit from her unique skillset and perspective,” said Jules Gaudreau, president of the Gaudreau Group. Goodman has been in the insurance industry since 2008, with prior experience in human resources and recruiting. She is co-chair of programs for the Women Business Owners Alliance, is a volunteer and mentor with Girls Inc., conducts community outreach for the Springfield JCC’s J-Art program, and is a member of the Professional Women’s Chamber. She is a graduate of the University of Delaware and completed a semester abroad at Ben-Gurion University of the Negev in Beersheba, Israel. She is continuing her insurance education in the prestigious Certified Insurance Counselor program.
•••••
Kate Phelon, executive director of the Greater Westfield Chamber of Commerce, was appointed by Gov. Charlie Baker to the Mass. Advanced Manufacturing Collaborative (AMC) in September. This appointment is one of three by the governor; the other two are representatives of advanced-manufacturing companies. Phelon will be part of a commission looking at the future of manufacturing in Massachusetts. “I am very honored and excited about this appointment and appreciate the state’s leadership in recognizing the role a chamber of commerce representative can have in not only formulating agenda’s for particular industries, but the outreach we have with our membership,” Phelon said. The purpose of the AMC will be to develop and implement the Commonwealth’s manufacturing agenda with the goal to foster and strengthen the necessary conditions to promote growth and innovation of manufacturing within Massachusetts. The AMC will focus on four areas: workforce development and education; technical assistance, innovation, and access to capital; enhancement of competitiveness, easing cost of doing business, and regulatory review of SMEs; and promoting manufacturing, which will include attracting a talented workforce, and expansion of in-state marketing of the supply chain. In addition, the AMC works in conjunction with President Obama’s Advanced Manufacturing Partnership, as well as with seven additional states through the National Governors Assoc. Center of Best Practices Policy Academy on Advanced Manufacturing and Innovation. Phelon attended her first full meeting of the collaborative in mid-September and learned first-hand what the subcommittees have been working on. “Right now, the subcommittees are working on a five-year strategic-planning process to develop a strategy to keep manufacturing growing, exciting, inclusive, and innovative,” she said. “I was amazed at the work that has been done by these subcommittees and am very excited to work with stakeholders in the public and private sectors.” As she gets more involved and acclimated to the work this collaborative is conducting, Phelon will share information as it becomes available and will be in contact with local manufacturers as necessary.
•••••
Meyers Brothers Kalicka, P.C. recently welcomed Emily Klassanos and Brian Benson to the firm as part of its next generation of talent.

Emily Klassanos

Emily Klassanos

• Klassanos comes to the firm from Elms College, with previous experience as an accounting intern with a local public accounting firm. She earned a dual bachelor’s degree in accounting and marketing from Elms, where she graduated magna cum laude, with a foundation in both technical work and the creative and strategic applications of marketing and market development. Additionally, she is currently pursuing her master’s degree in accounting and financial planning, also at Elms. She is a member of Mass. Society of Certified Public Accountants (MSCPA) and the American Institute of Certified Public Accountants (AICPA). In May 2015, she was the recipient of the William Donovan Award in Accounting Excellence at Elms College.

Brian Benson

Brian Benson

• Benson began his career at MBK as an audit and accounting intern and has also earned a position as an audit and accounting associate. He also graduated from Elms College, with degrees in accounting and business management. He will begin his journey to an MBA at Elms this fall with a concentration in financial planning, followed by a graduate certificate in public accounting. His goal in pursuing a diversified graduate education is to position himself to offer a broad range of expertise to his clients as he progresses through his career. He is a member of the AICPA and MSCPA. “The culture of the firm grows and evolves with each new addition of talented young people such as Emily and Brian,” said MBK Partner Howard Cheney. “They bring vital energy to a staff that is on the precipice of evolution. As a partner, there is nothing more rewarding than seeing our next generation come into their own.”
•••••
At the recent 2016 Mid-Year Mortgage Conference, the Warren Group, publisher of Banker & Tradesman magazine, released its annual report on the top mortgage originators in Massachusetts. Beverly Orloski, Vice President and Mortgage Consultant at PeoplesBank, finished first among all Western Mass. loan originators in the report. She was also listed as the top loan originator in the market in 2015. “What makes Bev the number-one consultant in Western Massachusetts is her ability to get the customers comfortable with the process and work with the team in the background to make it all happen seamlessly,” said James Sherbo, PeoplesBank’s senior vice president, commercial lending. Orloski said the thing she likes most about her job is working with people. “You get a certain satisfaction because you take them all the way through the process, from the time they first sit with you through their closing. That can be typically 30 to 60 days, and you’re interacting with them the whole time.” Orloski has more than 30 years of financial and banking experience. She holds a bachelor’s degree from Elms College and is a graduate of the American Bankers Assoc. Residential and Commercial Lending School. She is a member of the Realtor Assoc. of Pioneer Valley.
•••••

Lee Dawn Daniel

Lee Dawn Daniel

Bacon Wilson announced that Attorney Lee Dawn Daniel has been selected to join the executive committee of the Massachusetts Academy of Trial Attorneys (MATA). She is currently serving her second term on MATA’s board of governors, having been appointed by MATA’s president for 2015-16, and then nominated and elected by former MATA officers to continue on the board of governors for another two-year term. “It is my privilege to continue my service to MATA by joining the executive committee,” Daniel said. “I am thrilled to be able to help promote the mission of this tremendous organization, which allows trial attorneys to gather together to share cutting-edge techniques, discuss the latest trends in the law, and improve skills so that we can continue to serve our clients and the justice system of the Commonwealth to the best of our abilities. It’s my honor to serve.” Daniel recently joined Bacon Wilson as of counsel. She is a litigator with more than 30 years of experience representing clients in matters of personal injury. She is a graduate of the Boston University School of Law and the State University of New York at Binghamton with honors, and has secured multiple million-dollar-plus settlements and verdicts throughout her career. She is based in Bacon Wilson’s Northampton location. MATA has operated since 1975, with its membership working to uphold and defend the Constitutions of the U.S. and the Commonwealth of Massachusetts, to assure that the right to trial by jury will be secure to all, to help people whose rights may be in jeopardy, to protect the independence of the judiciary, to promote public safety and welfare while protecting individual liberties, and to uphold the honor of the profession of law.
•••••

Tara Cruz

Tara Cruz

DiGrigoli Salon announced that Tara Cruz has been promoted from a junior stylist to a senior stylist. She graduated from DiGrigoli School of Cosmetology in October 2014 and joined the DiGrigoli Salon Artistic Team as a junior stylist immediately after obtaining her cosmetology license. DiGrigoli Salon, located at 1578 Riverdale St. in West Springfield, has been offering professional beauty services to the public since 1987, is the official styling team for on-air personalities at WWLP-22News and 94.7 WMAS, and is a sponsor of Link to Libraries.
•••••
Ning Jia has joined the faculty of Bay Path University, School of Science and Management, as Director of the MS in Applied Data Science program. Prior to accepting this position, she was a statistician at Affinion Group based in Stamford, Conn., and has also worked at the Hartford Financial Group and the Dana Farber Cancer Institute. She has also been an assistant professor at Virginia Tech and a teaching fellow at Harvard University. Jia received her bachelor’s degree in business from Fudan University, Shanghai, China, and a Ph.D. in pure mathematics from the University of Minnesota. Her specialties are in combinatorics, biostatistics, statistical modeling, and big-data analysis.
•••••

Timothy Cotz

Timothy Cotz

On Oct. 5, the Glenmeadow community bid farewell to Timothy Cotz, who has served as president and CEO for the past 23 years. This week, in advance of the celebration, Cotz learned that $16,000 has been raised in his honor by staff, residents, and community members for the Glenmeadow Staff Education Fund, which makes scholarship funds available for employees returning to school. In addition, the largest gathering room, formerly known as Great Hall, has been renamed Timothy V. Cotz Hall. Reflecting on his time at Glenmeadow, Cotz said much has changed in the industry since he began, noting that residents are coming to the life plan community later in life, they expect more in terms of quality, and they are healthier and more active. Cotz also noted that the nonprofit itself, known for its holistic mission and innovative programs and outreach to the wider community, has greatly expanded. Once offering services only to residents, the organization now provides services to people living across the Greater Springfield area. Through such innovations as Glenmeadow at Home, the Lifestyle Pass, and Glenmeadow Learning — all programs Cotz helped found — area residents have access to services from transportation and care management to education.
•••••

Sara Bonakdar

Sara Bonakdar

Sara Bonakdar has been hired as group sales manager for Pioneer Valley Hotel Group. Her primary focus is the La Quinta Inn & Suites in Springfield and Holiday Inn Express in Ludlow. She brings three years of hospitality experience to the position, having previously worked at Homewood Suites in Holyoke and Residence Inn in Manchester, Conn. “I am excited to take on a new challenge by stepping away from hotel operations and entering into direct sales,” Bonakdar said. “I feel I understand what it takes to offer a group a successful stay, and that’s what they will experience with us. Our properties offer guests an excellent value and great quality. That’s a winning combination and should make my job easy.” Connie Foster, director of Sales for Pioneer Valley Hotel Group, added that “Sara’s energy and enthusiasm makes her an excellent addition to our stellar sales team. So far, she’s shown an unending willingness to jump in and tackle new projects and revitalize some older accounts, and she’s only been in the job a month.” Pioneer Valley Hotel Group is a private, local, family-run company that owns and operates La Quinta Hotel in Springfield, Holiday Inn Express in Ludlow, Hampton Inn in Hadley, Comfort Inn in Hadley, and Hadley Farms Meeting House.
•••••
John McClellan, Vice President of Tighe & Bond, received the 2016 Past Presidents’ Award from the New England Water Works Assoc. (NEWWA), the region’s largest and oldest not-for-profit organization of water-works professionals. The Past Presidents’ Award is presented to members of the association who authored the second-most-meritorious paper that appeared in the Journal of the New England Water Works Association during the previous year. McClellan was presented with this award for his article, “Biological Iron and Manganese Treatment: Five Years of Operating Experience in Cavendish, VT,” published December 2015. McClellan is responsible for overseeing projects for Tighe & Bond’s water-supplier clients. He is an active volunteer with NEWWA, serving on the scholarship and filtration committees. He is a member of the American Water Works Assoc. (AWWA) and the American Society of Civil Engineers. He is a former member of the AWWA academic achievement awards committee. He earned his bachelor’s degree in civil engineering, his master’s degree in environmental engineering, and his Ph.D. from UMass Amherst. He is a registered professional engineer in Massachusetts, New Hampshire, and Connecticut.
•••••

Mark Batiste

Mark Batiste

Northstar Recycling announced the appointment of Mark Batiste to its new BDR (business development representative) team in East Longmeadow. His primary objective will be to secure qualified appointments for the sales team by identifying and reaching out to potential prospects throughout the U.S., Canada, and Mexico. Batiste holds a bachelor’ degree in marketing from Bentley University in Waltham, Mass.

He spent the majority of his professional career working in the pharmaceutical industry in New York City and the past several years in Western Mass. in new-business development for a national advertising agency.
•••••
Holyoke Mall recently welcomed Kyle Hopkins as Assistant General Manager. Hopkins previously worked as a financial analyst at Pyramid Management Group’s Corporate Office in Syracuse, N.Y. before joining the Holyoke Mall team. He also served as an intern with the Finance/Revenue Department at Pyramid Management Group before graduating from St. Joseph’s University in 2014 with a BSBA degree in finance. “We are fortunate to have Kyle join our team at Holyoke Mall to help with our continued growth and commitment to providing an enjoyable shopping experience to our customers” said Bill Rogalski, the mall’s general manager.

Chamber Corners: Upcoming Events

By
Chamber Corners Departments

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

• Oct. 19: Chamber After 5, 5-7 p.m., at the Hitchcock Center, 845 West St., Amherst. Sponsored by Encharter Insurance and UMassFive College Federal Credit Union. Join the chamber and celebrate the new, 9,000-square-foot Hitchcock Center opening. This will be New England’s first public environmental education center to meet the Living Building Challenge. Cost: $10 for members, $15 for non-members. Register online at www.amherstarea.com.

• Oct. 27: Chamber Legislative Breakfast, 7:15-9 a.m., at the Lord Jeffery Inn, 30 Boltwood Ave., Amherst. Sponsored by Eversource. The annual legislative breakfast brings together legislators, local officials, and business leaders to network and discuss current and upcoming policy issues. Guest speakers: Senate President Stan Rosenberg, Lt. Gov. Karyn Polito, and state Reps. Ellen Story and John Scibak. Cost: $15 for members, $20 for non-members. Register online at www.amherstarea.com.

FRANKLIN COUNTY
CHAMBER OF COMMERCE
www.franklincc.org
(413) 773-5463

• Oct. 18: Free Legal Clinic, noon to 3:30 p.m., at the Franklin County Chamber of Commerce, 395 Main St., Greenfield – Masonic Hall Condominium Building. The Western Mass Regional office of the MSBDC announced that the law firms of WMassBizLaw have offered to hold a free legal clinic. Individuals, entrepreneurs, and small-business owners will have the opportunity to meet one-on-one for 30 minutes with attorney Sarah Willey to discuss general legal questions such as corporate structure, leases, contracts, insurance, employment, franchising, and various other business-related issues. Cost: free. Register online at www.franklincc.org.

• Oct. 28: October Chamber Breakfast with Francois Nivaud, 7:30-9 a.m., at the Greenfield Community College Dining Commons, 1 College Dr., Greenfield. Nivaud was recently appointed executive director of the Mass. Office of Travel & Tourism. He has spent his career in the world of hospitality by operating hotels and consulting with groups and businesses in this field. He will share his plans for marketing Massachusetts to both domestic and international visitors, as well as new initiatives that his department will undertake. He is committed to partnerships and strengthening relationships with the 16 Regional Tourism Councils, as evidenced by his visits to all regions within weeks of his appointment. Cost: $13 for member, $16 for non-members. Register by Oct. 21 at www.franklincc.org or by calling (413) 773-5463.

• Nov. 18: November Chamber Breakfast with John B. Jurst, 7:30-9 a.m., at Greenfield Country Club, 171 Country Club Road, Greenfield. The speaker will be John Hurst, President of RAM, the Retailers Assoc. of Massachusetts. RAM is a trade association that represents some 3200 retail stores by advocating for them in this changing retail climate. RAM voices concerns about potential legislation, labor laws and rights, compensation, loss prevention, and other factors related to retailing, whether a megastore or the mom-and-pop shop downtown. What is the future of retailing? This discussion is a timely one just before holiday shopping begins. Cost: $13 for members, $16 for non-members Register by Nov. 11 at www.franklincc.org or by calling (413) 773-5463.

• Dec. 16: Annual Holiday Breakfast, 7:30-9 a.m., at Deerfield Academy, 7 Boyden Lane, Deerfield. A bountiful buffet will be presented by the Academy chefs. The program will be sponsored by the Recorder, and tributes will be offered to the recipient of its Citizen of the Year award. A selection committee pores over the many nominations that are received and makes the difficult choice just prior to the event. Awardees are recognized for their volunteer work in their community, as well as many acts of kindness during their lives. There are also gift bags for those attending. Register early at www.franklincc.org or by calling (413) 773-5463.

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

• Oct. 19: October Salute Breakfast, 7:15-9 a.m., at Summit View Banquet & Meeting House, 555 Northampton St., Holyoke. Cost: $23 for members, $28 for non-members. Register online at www.chicopeechamber.org.

• Oct. 26: Business After Hours, 5-7 p.m., at the Arbors at Chicopee, 929 Memorial Dr., Chicopee. Oktoberfest theme with band, food, and cash bar. Cost: $10 for members, $15 for non-members. Register online at www.chicopeechamber.org.

• Nov. 1: Multi-Chamber Business After Hours, 5-7 p.m., at Mill 180 Park, 180 Pleasant St., Easthampton. Cost: $10 members, $15 for non-members.

• Nov. 16: Salute Breakfast, 7:15-9 a.m., hosted by Collegian Court restaurant, 89 Park St., Chicopee. Cost: $23 for members, $28 for non-members.

GREATER EASTHAMPTON
CHAMBER OF COMMERCE
www.easthamptonchamber.org
(413) 527-9414

• Oct. 19: Medallion Speaker Forum Fall, noon to 1:30 p.m. Hosted by Innovative Business Systems, 161 Northampton St., Easthampton. State Rep. John Scibak joins the forum and gives his insight on how you can be most effective when you need to be. Cost includes boxed lunch from Riff’s Joint. Space is limited. For additional information, e-mail [email protected]. Cost: $20. Register online at www.easthamptonchamber.org or by calling the chamber at (413) 527-9414.

• Nov. 9: Hampshire County Business Bash, 5-7 p.m., at the Lord Jeffery Inn, Amherst. A tri-chamber business-expo networking event. Enjoy business building, networking, complementary appetizers, cash bar, and local brewery beer tasting. Cost: $10 for members, $15 for non-members. Register online at www.easthamptonchamber.org or by calling the chamber at (413) 527-9414.

• Nov. 10: Checkpoint Legislative Summit, 11 a.m.-2:30 p.m. Hosted by the Log Cabin, 500 Easthampton Road, Holyoke. The Chamber of Greater Easthampton joins in presenting a multi-chamber event with the Chicopee, Hadley, Holyoke, and Westfield chambers. Bring your questions or concerns to this open forum with area legislators, featuring keynote speaker Lt. Gov. Karen Polito. Cost: $45 for members registering before Oct. 31, $55 for non-members. After Oct. 31, all registration will be $55. For more information or to register, visit www.easthamptonchamber.org, or call (413) 527-9414.

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

• Oct. 28: 2016 New Member Orientation, 3-4 p.m., at the chamber offices, 99 Pleasant St., Northampton. This is the chance to tell us more about your business and how the chamber can best serve you. Meet other new members and learn how to make the most of your chamber membership. Cost: Free. RSVP to (413) 584-1900 or  [email protected].

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

• Nov. 7: Mayor’s Coffee Hour with Westfield Mayor Brian Sullivan, 8-9 a.m., at Netlogix, 48 Court St., Westfield. This event is free and open to the public. Call Pam at the chamber office at (413) 568-1618 to register.

• Nov. 9: After 5 Connection, 5-7 p.m., at the Holiday Inn Express located at 39 Southampton Road, Westfield. Sponsored by It’s PAWSible! Dog Training Center. Refreshments will be served. Bring your business cards and make connections. Cost: free for members, $10 cash for general admission. To register, call the chamber office at (413) 568-1618.

• Nov. 16: 56th annual Meeting and Awards Dinner, 5:30 p.m., at East Mountain Country Club, 1458 East Mountain Road, Westfield. Congratulations to 2016 award winners: Firtion Adams, 2016 Business of the Year; Westfield Technical Academy, 2016 Nonprofit Business of the Year; and George’s Jewelers. Inc., 2016 Lifetime Achievement Award. The event sponsor is Staples, and the registration table sponsor is the Gaudreau Group. Sponsorship opportunities are still available. Cost: $50 for chamber members, $60 for general admission. RSVP by Nov. 11 appreciated, but no refunds after that date.

PROFESSIONAL WOMEN’S CHAMBER
www.myonlinechamber.com
(413) 787-1555

• Nov. 3: PWC Expo Headline Luncheon, 11 a.m.-1 p.m., at the MassMutual Center, 1277 Main St., Springfield. Featuring Andrea Haslet-Davis, ballroom dancer, runner, and Boston Marathon bombing survivor. Cost: $40. Reservations may be made online at www.springfieldregionalchamber.com.

SOUTH HADLEY & GRANBY
CHAMBER OF COMMERCE
www.shgchamber.com
(413) 532-6451

• Oct. 19: Economic Forum Breakfast, 7:30-9 a.m., at Willits-Hallowell Conference Center at Mount Holyoke College. James Hartley, professor of Economics, will speak on the economy. A buffet breakfast will be provided. Cost: $22 members, $27 for non-members. E-mail [email protected] to RSVP.

• Nov. 3: Spotlight on South Hadley Businesses, 7-9 p.m., at South Hadley High School. After leaving BusinessWest’s Western Mass. Business Expo, have dinner, then go to Spotlight on South Hadley Businesses. Know Your Town and the South Hadley & Granby Chamber of Commerce are partnering to host a free program featuring your business. It’s like a chamber table-top or craft-fair event, but it’s free to businesses and the public. It’s free to have a table with your business information and promotion (posters, takeout menus, job applications, handouts, business cards, etc.). E-mail [email protected] to RSVP or to have questions answered about this opportunity.

SPRINGFIELD REGIONAL CHAMBER
www.myonlinechamber.com
(413) 787-1555

• Oct. 28: Springfield Regional Chamber Super 60, 11:30 a.m.-1:30 p.m., at Chez Josef, 176 Shoemaker Lane, Agawam. Celebrating the 60 fastest-growing, privately held companies in the region. Presented by Health New England and sponsored by Farmington Bank. Presented in partnership with the East of the River Five Town Chamber of Commerce. Cost: $50 for members, $70 for non-members. RSVP deadline: Oct. 19. Reservations may be made online at www.professionalwomenschamber.com.

• Nov. 3: Springfield Regional Chamber Expo Business@Breakfast, 7:15-9 a.m., at the MassMutual Center, 1277 Main St., Springfield. Featuring Laura Masulis, MassDevelopment fellow, speaking on “The Rise of Innovation.” Cost: $30 for members in advance, $30 for general admission, and $35 for walk-in admission. Reservations may be made online at www.springfieldregionalchamber.com.

• Nov. 9: Springfield Regional Chamber Lunch ‘n’ Learn, 11:30 a.m.-1:30 p.m., at the Colony Club, 1500 Main St., Springfield. “The New Overtime Law and the Pay Equity Law — Their Impact to You” will be presented by John Gannon, attorney with Skoler Abbott & Presser, P.C. Cost: $25 for members, $35 for general admission. Reservations may be made online at www.springfieldregionalchamber.com.

• Nov. 15: Springfield Regional Chamber Speed Networking, 7:15-9 a.m. Location to be determined. Cost: $20 for members in advance ($25 at the door), $30 for general admission. Reservations may be made online at www.springfieldregionalchamber.com.

• Nov. 17: Springfield Regional Chamber Government Reception, 5-7 p.m., at the Carriage House, Storrowton Tavern, 1305 Memorial Ave., West Springfield. An evening of informal conversation with local and state leaders. Cost: $50 for members in advance, $70 for general admission. Reservations may be made online at www.springfieldregionalchamber.com.

WEST OF THE RIVER CHAMBER OF COMMERCE
www.ourwrc.com
(413) 426-3880

• Oct. 18: Multi-Chamber Lunch & Learn, noon-2 p.m., at the Storrowton Tavern/Carriage House, West Springfield. Enjoy a buffet lunch while networking with fellow business people. John Regan, AIM’s executive vice president for Government Affairs, will discuss the matters that passed on Beacon Hill, those that didn’t, and what may be in store for the next legislative session that begins in January 2017. Cost: $35. For more information, contact the chamber office at (413) 426-3880, or e-mail [email protected].

• Oct. 26: Food Fest West, 5:30-8 p.m., at Crestview Country Club, Agawam. The event will feature the foods of area restaurants including Chez Josef, Crestview Country Club, Partner’s, and many more. Proceeds raised by Food Fest West will go toward the Partnership for Education and the WRC Educational Fund, which provides grants to businesses for on-the-job training and continuing-education needs. Cost: $25 in advance, $35 at the door. Tickets may be purchased at www.westoftheriverchamber.com.

• Nov. 1: Coffee with Mayor Cohen, 8-9:30 a.m., at the Agawam Senior Center Coffee Shop, 954 Main St., Agawam. Join us for a cup of coffee and a town update from Mayor Richard Cohen. Questions and answers will immediately follow. For more information, contact the chamber office at (413) 426-3880, or e-mail [email protected].

• Nov. 15: Coffee with Mayor Reichelt, 8-9:30 a.m., at the West Springfield Public Library Community Room, Park Street, West Springfield. Join us for a cup of coffee and a town update from Mayor Will Reichelt. Questions and answers will immediately follow. For more information, contact the chamber office at (413) 426-3880, or e-mail [email protected].

Springfield Regional Chamber to Host Forum on New Labor Laws

By
Daily News

SPRINGFIELD — Last spring, the U.S. Department of Labor released its much-anticipated rule regarding overtime exempt status, which raises the salary threshold and could extend overtime pay to more than 4 million workers who are currently ineligible. In addition, in August, Gov. Charlie Baker signed a new law aimed at strengthening pay equity in the Commonwealth, which imposes rigorous equal-pay obligations and prohibits certain pay-related conduct.

John Gannon, attorney with Skoler, Abbott & Presser, P.C., will explore the impact of both these issues at the Springfield Regional Chamber Lunch ‘n’ Learn on Wednesday, Nov. 9 from 11:30 a.m. to 1 p.m. at the Colony Club, 1500 Main St., Springfield.

Gannon will break down the overtime rule and the pay-equity legislation to ensure businesses are in legal compliance. He will discuss the new salary thresholds for overtime exemptions; how companies can use bonuses, incentive payments, and commissions to meet the new threshold; how the new automatic update to the minimal salary threshold will impact a business in the future; what steps business leaders should take to ensure compliance; the new restrictions on pay and hiring practices required by the new pay-equity law; changes needed to job applications, interviewing techniques, and recruiting procedures; pay-equity protection for employers who audit pay practice; and more.

Gannon has defended employers against claims of discrimination, retaliation, harassment, and wrongful termination, as well as actions arising under the Family Medical Leave Act and wage-and-hour law, and has experience with lawsuits seeking to enforce restrictive covenants and protect trade secrets. He frequently assists employers in litigation-avoidance strategies and has reviewed numerous employee handbooks and related policies for compliance, as well as employment and non-compete agreements. He has conducted comprehensive wage-and-hour and employment-practices audits and regularly counsels employers on compliance with state and federal laws, including the Americans with Disabilities Act, Fair Labor Standards Act, and Occupational Health and Safety Act.

Gannon is a regular contributor to business publications and to the Massachusetts Employment Law Letter. He is also a frequent speaker on employment-related legal topics for a wide variety of associations and organizations, including appearances on Western Mass News and the Massachusetts Lawyers Weekly podcast sessions.

Reservations for the Nov. 9 Lunch ‘n’ Learn are $25 for Springfield Regional Chamber members and $35 for general admission. Registration includes lunch and one-on-one discussions with Gannon. Reservations may be made online at www.springfieldregionalchamber.com.

Expo to Offer Insight into Some New Business Language

By
wmbexpo1016bfeature-600x200
Features

From VR to IT to UAV

wmassbusinesslogo2016

Rik Shorten has an Emmy for Best Visual Effects sitting on his mantel.

It’s certainly a great conversation starter, he told BusinessWest, and, obviously, a serious point of pride. Mostly, though, he considers it a symbol, or mark, of excellence and accomplishment.

“Am I good at what I do? Yeah … I’m good at what I do — that’s what it means to me,” he said of the award he earned in 2010, before joking, “it’s better to have one than to not have one, let me put it that way.”

Shorten and the team he worked beside earned this hardware through their work on the hugely popular TV series CSI: Crime Scene Investigation. To be more specific, they created visually intense, computer-generated content for the program that enabled the viewer to get a unique, up-close look at some of the myriad ways someone can die.

“What happens when a bullet enters the body and macerates a liver? What does that look like to someone? How do you create a compelling visual to tell a medical narrative?” he asked while summarizing how his team answered those questions and, in so doing, created what he called “content with context.”

This is the same general theme that lies at the core of a new business venture he and several partners launched roughly 18 months ago. It’s called BioflightVR, and as that name suggests, it’s a venture created to help businesses and institutions make full and effective use of the emerging, and in many ways transformative, technologies known as virtual reality and augmented reality.

At present, much of the work and products being readied for the market are focused on the healthcare industry. They include everything from platforms that enable doctors-in-training to perform complex surgical procedures in a safe environment that replicates the operating room in every way, to another platform that allows a patient to get an inside look at his or her damaged shoulder, heart, knee, or kidney, and also at what the physician plans to do to repair it.

But the applications for VR and AR certainly extend to other industries, said Shorten during a phone call to his offices in California, adding that his talk at the Western Mass. Business Expo on Nov. 3 at the MassMutual Center is designed (like this article) to inform but also whet the appetite.

“I want to talk about the pain points in your business that this technology could potentially alleviate,” he said of the seminar, titled “Enterprise Virtual Reality: From Concept to Deployment.” “I want to get them warmed up to the idea of the technology, getting them thinking about it, and, if they have the desire, what are the first steps in putting a pilot project together.”

This seminar is only one part of an intense focus on VR at this year’s Expo. Indeed, visitors will get a unique and unforgettable opportunity to experience this technology hands-on (or goggles-on, to be more precise) at two demonstration rooms at the MassMutual Center.

These demonstrations will be led by Link to VR, a local company created with the purpose of helping companies learn about and benefit from the latest VR and related technologies (www.linktovr.com).

Those curious about Shorten’s talk need to be at the Show Floor Theater at the Expo at 12:45 p.m. Actually, they should probably arrive sooner to make sure they get a good seat.

And, in reality, they may want to get there soon after 9 and plan to spend the whole day there, because in addition to VR and AR, programming on the Show Floor Theater will introduce them to an array of different acronyms, words, and phrases that are shaping a new lexicon in business today.

These include ‘the cloud,’ ‘big data,’ PCI (personal credit-card information, specifically as it pertains to your computer system’s ability to keep it secure), and much, much more.

And the theater is only one of many quadrants on the show floor that will warrant the attention of those visiting the Expo. Indeed, the floor is massive, and there will be exhibiting businesses and programming in every corner and every row.

BusinessWest will break it all down in a comprehensive guide to the show that will appear in the Oct. 31 issue of the magazine. For now, here are some of the many highlights:

• Insight on Innovation: Let’s begin, well, at the beginning. That would be the Springfield Regional Chamber’s November breakfast, which has served as the traditional kick-off for the Expo. The keynote speaker will be Laura Masulis, currently serving as MassDevelopment’s transformative development fellow for the City of Homes. She’ll explain everything that goes into that role, what has been referred to by some as ‘Assignment: Springfield,’ and talk in-depth about the concept of innovation districts and ongoing efforts to develop one in the city.

• Exhibiting Businesses: After breakfast, around 9 a.m. or so, the ceremonial ribbon will be cut on the show floor. Attendees can then begin to visit exhibiting companies representing every sector of the local economy, including healthcare, education, financial services, technology, professional services, tourism, and more.

• A Survivor’s Story: The Boston Marathon bombing left Adrianne Haslet Davis scarred in many ways — she lost her left leg below the knee, for example. But it didn’t rob of her of her will, determination, and perseverance. And she would need all three. Indeed, she quickly rose to meet her daily challenges head-on with a unique perspective. Being a full-time professional ballroom dancer at the peak of her career, she had to learn an entirely new meaning of the word ‘patience.’ Haslet Davis will tell this story as the keynote speaker at the Expo lunch, to be staged by the Professional Women’s Chamber.

• Educational Seminars: From the outset, one of the missions driving Expo planners has been to ensure that visitors leave the MassMutual Center better informed, and therefore better able to grow their companies, than they were before they entered. And this year is no exception. Seminars will focus on three realms — Sales & Marketing, Business & Tech Trends, and the Multi-generational Workplace — and will cover a wide array of topics.

These include UAVs (yes, another acronym, this one short for unmanned aerial vehicles, or drones) and how to use them safely and legally, SEO (search-engine optimization), using video to market your company, developing and retaining talent, motivating Millennials, handling multiple generations in the workplace, big data, the cloud, and much more.

• The Workforce of Tomorrow: That’s the name given to a large space, or hub, on the show floor dedicated to the all-important issues of workforce development, closing the skills gap, and introducing young people to career opportunities, especially in the manufacturing and STEM fields. This hub will feature a number of the agencies dedicated to workforce development, seminars focused on workforce issues and challenges, presentations from area vocational and technical schools, and …

• Robots: Back by popular demand, robotics teams will be at the Expo to demonstrate their creations and help explain how robotics programs are inspiring interest in STEM careers. In a ‘battlefield’ within the Workforce of Tomorrow hub, teams will recreate the FIRST (For Inspiration and Recognition of Science and Technology) competition called FIRST STRONGHOLD. In this Game of Thrones-like contest, teams of robots are on a quest to breach their opponents’ fortifications, weaken their tower with boulders, and capture the opposing tower.

• A Focus on Entrepreneurship: In addition to all of the above, the Expo will put a special emphasis on the many efforts locally to inspire entrepreneurship and mentor startup companies.

To this end, the Expo will feature a program called “Where Are They Now?” It should be called “Where Are They Now, and How Did They Get Here?” but that would be too long a title. It would be an accurate title, though, because the program, led by BusinessWest Editor George O’Brien and Valley Venture Mentors co-founder and Chief Innovation Officer Paul Silva will feature a panel of VVM accelerator program participants. They will be asked about their efforts to grow their companies and take them to the next level, and the myriad challenges they’ve faced along the way.

Also, the Expo will feature more of the region’s startups in a pitch contest to be produced by SPARK Holyoke. Always a crowd favorite, the pitch competition gives teams a chance to hone their message and compete for prizes.

• Time to Socialize: The Expo will not be all acronyms, VR, fun, and games. There will be also be time to socialize. For starters, there will be an ice-cream social sponsored by MGM Springfield. And the day of activities will climax with the popular Expo Social, one of the best networking events of the year.

The Western Mass. Business Expo will again be presented by Comcast Business. Other sponsors include Express Employment Professionals, Health New England, the Isenberg School of Management at UMass Amherst, Johnson & Hill Staffing Services, MGM Springfield, Wild Apple Design, the Western Mass. Economic Development Council, Savage Arms, the Better Business Bureau, the Regional Employment Board of Hampden County, and Smith & Wesson. The event’s media partners are WMAS, WHMP, and Rock 102/Laser 99.3. Additional sponsorship opportunities are available.

Exhibitor spaces are also available; booth prices start at $725. For more information on sponsorships or booth purchase, call (413) 781-8600, ext. 100. For more Expo details as they emerge, visit www.wmbexpo.com.

Super 60 Honorees Reflect a Region on the Rise

By
Sections Super 60

Growth Engine

super60logoNow in its 27th year, the Springfield Regional Chamber’s Super 60 program celebrates the success of the fastest-growing privately-owned businesses in the region. This year’s class, which will be feted on Oct. 28 at Chez Josef, hail from 17 communities across the region and represent all sectors of the economy, including nonprofits, transportation, energy, healthcare, technology, manufacturing, retail, and service, with the winners in the Total Revenue category combining for more than $1.3 billion in revenues last year, and the Revenue Growth winners all posting gains in excess of 25% — and one-third recording more than 60% growth. It goes to show, says chamber President Nancy Creed, that “small business is the backbone of our region and our continued growth engine, and the success of this year’s winners is a clear indication that our regional economy is strong.”

Total Revenue

1. Stavros Center for Independent Living Inc.

210 Old Farm Road, Amherst

(413) 256-0473

www.stavros.org

Jim Kruidenier, Executive Director

Stavros helps people with disabilities develop the tools and skills they need to take charge of their own lives, through programs and services designed to meet the needs of individuals of any age or disability as they work to achieve the life goals that are important to them. Stavros also advocates to bring an end to discrimination in employment, healthcare, or anywhere else.

 

2. Springfield College

263 Alden St., Springfield

(413) 748-3000

www.springfieldcollege.edu

Mary-Beth Cooper, President

Founded in 1885, Springfield College is a private, independent, co-educational, four-year college offering undergraduate and graduate degree programs guided by its Humanics philosophy — educating students in spirit, mind, and body for leadership in service to others.

 

3. Whalley Computer Associates Inc.

One Whalley Way, Southwick

(413) 569-4200

www.wca.com

John Whalley, President

WCA is a locally owned family business that has evolved from a hardware resale and service group in the ’70s and ’80s into a company that now focuses on lowering the total cost of ownership of technology and productivity enhancement for its customers. Whalley carries name-brand computers as well as low-cost performance compatibles.

 

Baltazar Contractors Inc.

83 Carmelinas Circle, Ludlow

(413) 583-6160

www.baltazarcontractors.com

Frank Baltazar, President

Baltazar Contractors has been a family-owned and operated construction firm for more than 20 years, specializing in roadway construction and reconstruction; all aspects of site-development work; sewer, water, storm, and utilities; and streetscape improvements.

 

Behavioral Health Network Inc.

417 Liberty St., Springfield

(413) 747-0705

www.bhninc.org

Katherine Wilson, President and CEO

BHN is a nonprofit community behavioral-health service agency that has been providing services to children, adult, families, and communities in Western Mass. since 1938. It offers comprehensive, outcome-driven, affordable, and culturally appropriate behavioral healthcare to people of all ages and income levels in multiple settings within its communities.

 

Braman Chemical Enterprises Inc.

147 Almgren Dr., Agawam

(413) 732-9009

www.braman.biz

Gerald Lazarus, President

Braman has been serving New England since 1890, using state-of-the-art pest-elimination procedures for commercial and residential customers. The company has offices in Agawam, Worcester, and Lee, as well as Hartford and New Haven, Conn.

 

City Tire Company Inc.

25 Avocado St., Springfield

(413) 737-1419

www.city-tire.com

Peter Greenberg, President

Brothers Peter and Dan Greenberg, the third generation of a family-owned business founded in 1927, have grown the business to 11 locations in Massachusetts, Connecticut, New Hampshire, and Vermont. The company offers one-stop shopping for tires of all shapes and sizes and a full compliment of maintenance and repair services.

 

Collaborative for Educational Services

97 Hawley St., Northampton

(413) 586-4900

www.collaborative.org

William Diehl, executive director

This nonprofit educational service agency is committed to reaching and educating learners of all ages, and is experienced in working with educators to help students learn and succeed. It partners with school districts and schools to help them assess their programs and improve services, instruction, student learning, and achievement, and trains teachers, administrators, and educational leaders seeking licensure or skill development.

 

Commercial Distributing Co. Inc.

46 South Broad St., Westfield

(413) 562-9691

www.commercialdist.com

Richard Placek, Chairman

Founded in 1935 by Joseph Placek, Commercial Distributing Co. is a family-owned, family-operated business servicing more than 1,000 bars, restaurants, and clubs, as well as more than 400 package and liquor stores. Now in its third generation, the company continues to grow through the values established by its founder by building brands and offering new products as the market changes.

 

Community Enterprises Inc.

441 Pleasant St., Northampton

(413) 584-1460

www.communityenterprises.com

Dick Venne, President and CEO

In 1972, some progressive staff members at Northampton State Hospital applied for and received a small grant to develop a program to train residents to live and work outside the hospital. In the 40 years since the creation of that original program, Community Enterprises has grown into a multi-faceted program that supports the employment, educational, and independent-living goals of people with disabilities in three states.

 

The Dennis Group

1537 Main St., Springfield

(413) 746-0054

www.dennisgrp.com

Tom Dennis, CEO

The Dennis Group offers complete planning, design, architectural, engineering, and construction-management services. The firm is comprised of experienced engineering and design professionals specializing in the implementation of food-manufacturing processes and facilities.

 

Filli, LLC d/b/a Con-Test Analytical Laboratory

39 Spruce St., East Longmeadow

(413) 525-2332

www.contestlabs.com

Thomas Veratti, General Manager

Established in 1984, Con-Test provides environmental consulting and testing services to a variety of clients throughout Western Mass. The laboratory-testing division originally focused on industrial hygiene analysis, but rapidly expanded to include numerous techniques in air analysis, classical (wet) chemistry, metals, and organics, and has the capability for analyzing nearly all water, air, soil, and solid materials.

 

Grand Prix International Inc.

34 Front St., Indian Orchard

(413) 543-8887

www.grandprixintl.com

Michael Fisher, President

Since 1978, Grand Prix International has grown to become a leading independent game manufacturer, offering a wide range of services, from graphic design to project management, manufacturing, and freight forwarding. GPI has extensive experience with custom product packaging, specializing in plastic molding, tins, clamshells, blister cards, set-up boxes, neck boxes, wood boxes, and displays.

 

HAPHousing (HAP Inc.)

322 Main St., Suite 1, Springfield

(413) 233-1500

www.haphousing.org

Peter Gagliardi, President and CEO

Over 40 years, HAPHousing has earned a reputation for providing innovative forms of housing assistance to tenants, homebuyers, homeowners, and rental-property owners. HAPHousing is the largest nonprofit developer of affordable housing in Western Mass., and a collaborative partner in urban neighborhood revitalization.

 

Holyoke Chicopee
Springfield Head Start Inc.

30 Madison Ave., Springfield

(413) 788-6522

www.hcsheadstart.org

Janis Santos, Director

Since 1965, HCS Head Start Inc. has been providing high-quality early-childhood-education services for children and families in in Western Mass., including Holyoke, Chicopee, Springfield, Ludlow, Palmer, and Granby. Head Start provides a solid foundation for children to gain necessary skills to enter kindergarten and to be successful in life.

 

Human Resources Unlimited Inc.

60 Brookdale Dr., Springfield

(413) 781-5359

www.hru.org

Don Kozera, President and CEO

HRU’s programs annually help more than 1,500 people with physical and mental disabilities or who are disadvantaged by poverty or homelessness, by providing a unique and holistic approach to skill building, job-readiness training, placement, and support. HRU works with area employers, providing them with a skilled, reliable workforce while simultaneously creating employment opportunities for its members.

 

Kittredge Equipment Co. Inc.

100 Bowles Road, Agawam

(413) 304-4100

www.kittredgeequipment.com

Wendy Webber, President

Founded in 1921, Kittredge Equipment Co.is one of the nation’s leading food-service equipment and supply businesses. It boasts 70,000 square feet of showroom in three locations, with in-stock inventory of equipment and smallware consisting of more than 7,000 different items. The company also handles design services, and has designed everything from small restaurants to country clubs to in-plant cafeterias.

 

Lancer Transportation & Logistics and Sulco Warehousing & Logistics

311 Industry Ave., Springfield

(413) 739-4880

www.sulco-lancer.com

Todd Goodrich, President

In business since 1979, Sulco Warehousing & Logistics specializes in public, contract, and dedicated warehousing. Lancer Transportation & Logistics is a licensed third-party freight-brokerage company that provides full-service transportation-brokerage services throughout North America.

 

Marcotte Ford Sales Inc.

1025 Main St., Holyoke

(800) 923-9810

www.marcotteford.com

Bryan Marcotte, President

The dealership sells new Ford vehicles as well as pre-owned cars, trucks, and SUVs, and features a full service department. Marcotte has achieved the President’s Award, one of the most prestigious honors given to dealerships by Ford Motor Co., on multiple occasions over the past decade. It also operates the Marcotte Commercial Truck Center.

 

Multicultural Community Services
of the Pioneer Valley Inc.

1000 Wilbraham Road, Springfield

(413) 782-2500

www.mcsnet.org

Paul Conlon, Executive Director

Multicultural Community Services of the Pioneer Valley is committed to providing culturally and ethnically responsive supports that enhance the capacities of individuals with developmental disabilities, and their families, to maximize their quality of life as individuals and as members of the larger community.

 

Northeast Treaters Inc.

201 Springfield Road, Belchertown

(413) 323-7811

www.netreaters.com

David Reed, President

Northeast Treaters was founded in 1985 as a manufacturer of pressure-treated lumber. In 1996, an additional facility was added in Athens, N.Y. to produce fire-retardant treated lumber and kiln-dried before- and after-treatment products.

 

PC Enterprises Inc. d/b/a Entre Computer

138 Memorial Ave., West Springfield

(413) 736-2112

www.pc-enterprises.com

Norman Fiedler, CEO

PC Enterprises, d/b/a Entre Computer, assists organizations with procuring, installing, troubleshooting, servicing, and maximizing the value of technology. In business since 1983, it continues to evolve and grow as a lead provider for many businesses, healthcare providers, retailers, and state, local, and education entities.

 

Pathlight Inc.

220 Brookdale Dr., Springfield

(413) 732-0531

www.pathlightgroup.org

Ruth Banta, Executive Director

For 60 years, Pathlight, formerly the Assoc. for Community Living, has been creating opportunities, building relationships, and improving lives of children and adults with developmental disabilities and their families. The agency’s caring and experienced workforce empowers individuals with developmental disabilities to live with dignity, bringing fulfillment, community, and valuable relationships into their lives.

 

Sarat Ford-Lincoln

245 Springfield St., Agawam

(413) 789-5400

www.saratford.com

Jeff Sarat, President

Founded in 1929 by John Sarat Sr., Sarat Ford has become the largest Ford dealership in Western Mass., and today, grandson Jeff Sarat leads the company. The full-service dealership includes a state-of-the-art body shop, and a recent expansion offers a 24-bay service center that houses a $1 million parts inventory featuring Ford, Motorcraft, Motorsport, and a variety of other specialty manufacturers.

 

Specialty Bolt & Screw Inc.

235 Bowles Road, Agawam

(413) 789-6700

www.specialtybolt.com

Kevin Queenin, President

Founded in 1977, Specialty Bolt & Screw (SBS) is a full-service solutions provider of fasteners, vendor-managed inventory (VMI) programs, and C-class commodities. Based in Agawam, it has locations in Valcourt, Quebec; Juarez, Mexico; Queretaro, Mexico; Rovaniemi, Finland; and Kaohsiung, Taiwan.

 

Tighe & Bond Inc.

53 Southampton Road, Westfield

(413) 562-1600

www.tighebond.com

David Pinsky, President

Founded in 1911, Tighe & Bond specializes in environmental engineering, focusing on water, wastewater, solid-waste, and hazardous-waste issues, and provides innovative engineering services to public and private clients around the country and overseas. It has expanded its footprint over the past several years to grow to more than 275 employees in several locations throughout the Northeast.

 

Troy Industries Inc.

151 Capital Dr., West Springfield

(413) 788-4288

www.troyind.com

Steve Troy, CEO

Troy Industries was founded on the principle of making reliable, innovative, over-engineered products that function without question when lives are on the line. The choice of special ops, law enforcement, and war fighters worldwide, Troy Industries is a leading U.S. government contractor that designs and manufactures innovative, top-quality small-arms components and accessories and complete weapon upgrades.

 

United Personnel
Services Inc.

1331 Main St., Springfield

(413) 736-0800

www.unitedpersonnel.com

Patricia Canavan, President

United provides a full range of staffing services, including temporary staffing and full-time placement, on-site project management, and strategic recruitment in the Springfield, Hartford, and Northampton areas, specializing in administrative, professional, medical, and light-industrial staff.

 

Valley Opportunity
Council Inc.

35 Mount Carmel Ave., Chicopee

(413) 552-1554

www.valleyopp.com

Stephen Huntley, Executive Director

The Valley Opportunity Council (VOC) is the largest and most diverse community-action agency in the region. It has a network of support and collaborative services that include energy assistance, nutrition, early education and childcare, adult education, senior services, housing, money management, and transporation.

 

WestMass ElderCare Inc.

4 Valley Mill Road, Holyoke

(413) 538-9020

www.wmeldercare.org

Priscilla Chalmers, Executive Director

WestMass ElderCare is a private, nonprofit agency with a mission to preserve the dignity, independence, and quality of life of elders and disabled persons desiring to remain within their own community. The agency offers services for elders, their families and caregivers, and people with disabilities. Programs and services include supportive housing, home care, options counseling, adult family care, nutrition programs, adult foster care, and group adult foster care.

Revenue Growth

1. Lavishlyhip, LLC

Feeding Hills

www.lavishlyhip.com

Rika Woyan, Owner

This online retailer of jewelry and accessories offers accessory collections from the latest top designers. By meeting with the designers in their showrooms and at industry events, it stays on top of what is trending. Shoppers will find hip and classic jewelry for women and men, cashmere, silk and blend scarves, and hair accessories.

2. City Enterprises Inc.

38 Berkshire Ave., Springfield

(413) 726-9549

www.cityenterpriseinc.com

Wonderlyn Murphy, president

City Enterprises Inc. offers skilled general-contracting services to the New England region. The company prides itself on custom design and construction of affordable, quality homes and the infrastructure surrounding each project.

3. 3BL Media, LLC

136 West St. #104, Northampton

(866) 508-0993

www.3blmedia.com

Greg Schneider, CEO

Founded in 2009, 3BL Media is a leading news-distribution and content-marketing company focused on niche topics including sustainability, health, energy, education, philanthropy, community, and other social and environmental topics. The company works with organizations including multinational corporations, SMEs, and nonprofits to distribute multi-format media assets through social, traditional, and new-media channels.

Aegenco Inc.

55 Jackson St., Springfield

(413) 746-3242

www.aegisenergyservices.com

Spiro Vardakas, President

Aegenco, an energy-conservation consulting firm and the manufacturing arm of Aegis Energy Services, has grown steadily since its inception in 2005.

Aegis Energy Services Inc.

55 Jackson St., Holyoke

(800) 373-3411

www.aegisenergyservices.com

Lee Vardakas, Owner

Founded in 1985, Aegis Energy Services is a turn-key, full-service provider of combined heat and power systems (CHPs) that generate heat and electricity using clean, efficient, natural-gas-powered engines. These modular CHP systems reduce a facility’s dependence on expensive utility power, reduce energy costs, and reduce one’s carbon footprint.

Bart Truck Equipment, LLC

358 River St, West Springfield, MA 01089

(413) 737-2766

www.barttruckllc.com

James DiClemente, Owner and Service Manager

Bart Truck Equipment, LLC offers a wide range of products including dump bodies, hoists, platform bodies, utility/service bodies, refuse equipment, hook lifts and roll-offs, snow plows, sanders, lift gates, truck-mounted cranes, central hydraulic systems and tractor wet lines, van equipment, pusher and tag axles, truck-mounted generators and compressors, strobe lights, toolboxes, snow- and ice-control equipment, enclosed trailers, leaf loaders, and much more.

Baystate Crushing
& Recycling

83 Carmelinas Circle, Ludlow

(413) 583-7856

Paul Baltazar, Owner

Established in 2002, Baystate Crushing & Recycling is in the business of heavy construction equipment rental and leasing.

Charter Oak Insurance & Financial Services Co.

330 Whitney Ave., Holyoke

(413) 374-5430

www.charteroakfinancial.com

Peter Novak, General Agent

A member of the MassMutual Financial Group, Charter Oak been servicing clients for 127 years. The team of professionals serves individuals, families, and businesses with risk-management products, business planning and protection, retirement planning and investment services, and fee-based financial planning.

Courier Express Inc.

20 Oakdale St., Springfield

(413) 730-6620

www.courierexp.com

MICHAEL DEVINE, CEO

Courier Express is committed to providing custom, same-day delivery solutions for any shipment. Its focal point is New England, but its reach is nationwide. The company strives to utilize the latest technologies, on-time delivery, customer service, and attention to detail to separate itself from its competitors.

Detector Technology Inc.

9 Third St., Palmer

(413) 284-9975

www.detechinc.com

Jay Ray, President and CEO

Detector Technology is a leading manufacturer of products and systems for OEM and equipment manufacturers, specializing in channel electron multipliers, glass extrusion and fabrication, and motion-control products. With a state-of-the-art fabrication and production facility, An ISO 9001-certified commapny, DeTech has been delivering for its customers for more than 20 years.

Environmental Compliance Services Inc.

588 Silver St., Agawam

(413) 789-3530

www.ecsconsult.com

Mark Hellstein, President and CEO

For more than 25 years, ECS has specialized in environmental site assessments; testing for asbestos, lead, indoor air quality, and mold; drilling and subsurface investigations; and emergency-response management.

Fletcher Sewer & Drain Inc.

824A Perimeter Road, Ludlow

(413) 547-8180

www.fletcherseweranddrain.com

Teri Marinello, President

Since 1985, Fletcher Sewer & Drain has provided service to homeowners as well as municipalities and construction companies for large pipeline jobs from Western Mass. to Southern Conn. From unblocking kitchen sinks to replacing sewer lines, this woman-owned company keeps up to date with all the latest technology, from high-pressure sewer jetters to the newest camera-inspection equipment.

Fun Dining Inc. d/b/a Center Square Grill

84 Center Square

East Longmeadow MA 01028

(413) 525-0055

www.centersquaregrill.com

Bill Collins and Michael Sakey, Owners

Collins and Sakey launched this ‘creative American grill’ in 2014, incorporating influences from South America, classic French cooking, New Orleans, Jamaica, Asia, and other cuisines. The restaurant features a few different dining areas, from a formal dining room to a small room for private events to a lively bar area, and boasts a well-regarded wine program.

Gandara Mental Health Center Inc.

147 Norman St., West Springfield

(413) 736-8329

www.gandaracenter.org

Dr. Henry East-Trou, CEO

Focusing on the Latino/Hispanic community, Gandara Center provides substance-abuse recovery, mental-health, and housing services for men, women, children, adolescents, and families throughout the Pioneer Valley.

GMH Fence Co. Inc.

15 Benton Dr., East Longmeadow

(413) 525-3361

www.gmhfence.com

GLENN HASTIE, OWNER

Serving the Western Mass. area for more than over 20 years, GMH Fence Co. is one of largest fence companies in the region. The fencing contractor offers quality service and fence installations from a selection of wood, aluminum, steel, and vinyl fencing that are durable and virtually trouble-free for residential, commercial, and industrial fencing requests.

Knight Machine & Tool Company Inc.

11 Industrial Dr., South Hadley

(413) 532-2507

Gary O’Brien, Owner

Knight Machine & Tool Co. is a metalworking and welding company that offers blacksmithing, metal roofing, and other services.

  1. Jags Inc.

120 Interstate Dr., West Springfield

(413) 781-4352

Martin Jagodowski, President

Established in 2006, M. Jags Inc., doing business as Taplin Yard, Pump & Power Equipment, has sold and serviced outdoor power equipment to residential, commercial, and landscape companies; municipalities; and nonprofit organizations.

Maybury Associates Inc.

90 Denslow Road, East Longmeadow

(413) 525-4216

www.maybury.com

John Maybury, President

Since 1976, Maybury Associates Inc. has been designing, supplying, and servicing all types of material-handling equipment throughout New England. Maybury provides customers in a wide range of industries with solutions to move, lift, and store their parts and products.

Michael’s Party Rentals Inc.

1221 South Main St., Palmer

(413) 583-3123

www.michaelspartyrentals.com

Michael Linton, President

Michael’s Party Rentals was started as Party Tent Rentals in 2000 by Linton and his brother, Ryan, as a small, one-tent operation. In 2003, Michael bought Ryan’s half of the business, renamed it Michael’s Party Rentals, and expanded the inventory. Today, the company operates year-round, every day, and the 9,000-square-foot warehouse holds more than 100 tents of all sizes, tables, chairs, dance floors, staging, lighting, and other equipment.

MicroTek Inc.

2070 Westover Road, Chicopee

(413) 593-1025

www.mclabs.com

Don Slivensky, CEO

Since 1991, MicroTek has been an industry-leading, single-source provider of business training and meeting rooms, virtual training platforms, and instructor sourcing services. It boasts the resources and expertise to execute a total training delivery solution to any client of any size, anywhere in the world.

O’Connell Care At Home

One Federal St., Bldg. 103-1, Springfield

(413) 533-1030

www.opns.com

Francis O’Connell, president

For more than two decades, O’Connell Care at Home, formerly O’Connell Professional Nurse Service, has grown to deliver a range of home-health and staffing services across the Pioneer Valley. Services range from nursing care and geriatric healthcare management to advocacy and transportation.

Orthotics &
Prosthetics Labs Inc.

300 Birnie Ave., Suite 3, Springfield

(888) 432-5488

www.oplabs.com

Jim Haas and Blaine Drysdale, Owners

Orthotics & Prosthetics Labs provides physician-directed orthotic and prosthetic services to meet the personal needs and improve the health status of the area people. It offers a complete range of quality orthotic and prosthetic devices and services, specializing in custom-made braces and prosthetic limbs, but also stocking the most popular off-the-shelf braces.

Paragus Strategic IT

112 Russell St., Hadley

(413) 587-2666

www.paragusit.com

Delcie Bean IV, President

While still in high school, Delcie Bean founded Paragus IT in 1999, first under the name Vertical Horizons and then Valley ComputerWorks. Under the Paragus name, it has grown dramatically as an outsourced IT solution for area clients. Paragus provides business computer service, computer consulting, information-technology support, and other proactive services to businesses of all sizes.

Powervestors II, LLC

55 Jackson St., Holyoke

(413) 536-1156

www.aegisenergyservices.com

Spiro Vardakas, Owner

Powervestors, a division of Aegis Energy Services, provides services in power-generating equipment installation throughout the region.

Rediker Software Inc.

2 Wilbraham Road, Hampden

(800) 213-9860

www.rediker.com

Andrew Anderlonis, President

Rediker software is used by school administrators across the U.S. and in more than 100 countries, and is designed to meet the student-information-management needs of all types of schools and districts.

Rodrigues Inc.

78 Center St., Ludlow

(413) 547-6443

Antonio Rodrigues, President

Rodrigues Inc. operates Europa Restaurant in Ludlow, specializing in Mediterranean cuisine with an interactive dining experience, presenting meals cooked on volcanic rocks at tableside. Europa also offers full-service catering and banquet space.

Tech Roofing Service Inc.

267 Page Blvd., Springfield

(413) 737-5546

www.techroofing.com

Joe Narkawicz, President

Since its founding in 1975, Tech Roofing has installed, repaired, serviced, and maintained commercial, industrial, and residential roofs throughout New England and New York. A minority-owned business, Tech Roofing Service is nationally certified by the Greater New England Minority Supplier Development Council.

Universal Plastics Corp.

75 Whiting Farms Road, Holyoke

(800) 553-0120

www.universalplastics.com

Joseph Peters, CEO

Since 1965, Universal Plastics has been a leading force in the custom thermoforming industry. It specializes in precision custom thermoforming, a plastic-manufacturing process that converts a sheet of plastic into a highly detailed finished product with less tooling investment than other plastic molding processes.

Webber & Grinnell
Insurance Agency Inc.

8 North King St., #1, Northampton

(413) 586-0111

www.webberandgrinnell.com

Bill Grinnell, President

Webber and Grinnell’s roots can be traced back to 1849, when A.W. Thayer opened an insurance agency on Pleasant Street in Northampton. The agency, which offers automotive, business, homeowners, employee benefit, and other types of products, serves more than 5,000 households and 900 businesses throughout Western Mass.

Yankee Home Improvement

36 Justin Dr., Chicopee

(413) 341-5259

www.yankeehomeimprovement.com

Ger Ronan, Owner

Ger Ronan’s decision to start a contracting business came after a bad experience with a local contractor in 2002. So he launched a home-improvement company with the goal of getting it right, in the realms of windows, bathrooms, roofing, siding, and more. Today, in addition to his main location, Ronan also operates eight satellite locations in BJ’s stores.

Employers Grapple with New Overtime Rule

By
Employment Sections

On the Clock

overtimedpart-1016b

The income threshold under which workers are entitled to overtime pay, many argue, has been far too low for far too long. But raising it from $23,660 to $47,476, as the U.S. Department of Labor will do on Dec. 1, is a more significant jump than most businesses expected. With that deadline looming, employers are considering a number of strategies aimed at adhering to the new rule, keeping employees happy, and protecting the bottom line.

 

If employers are just starting now to grapple with the implications of the U.S. Department of Labor’s new rules regarding overtime pay, Mark Adams said, they’ve wasted a lot of time.

“That’s a lot to plan for in two months,” said Adams, who leads the HR Solutions team at the Employers Assoc. of the NorthEast, which has been helping EANE members navigate the change, which will dramatically increase the number of workers who qualify for overtime pay.

“Some of these proposed rules were being articulated back in 2015,” he noted, “so as we turned the page into 2016, we were saying, ‘don’t wait for some legislative bailout to happen. When Dec. 1 arrives, you want to have a plan in place that could work and minimize the impact as much as possible for your business.’ Frankly, much of this should have been done early in the game.”

Mark Adams

Mark Adams

We’ve heard from our members, small businesses, nonprofits, and other employers that the salary threshold is going to result in significant new labor costs and cause many disruptions in how work gets done.”

 

In fact, a bill recently passed the U.S. House of Representatives aiming to delay implementation for six months, but even if it passes the Senate, it’s unlikely to overcome a promised veto by President Obama.

Currently, DOL rules grant overtime pay to people who gross a salary of less than $23,660 per year. On Dec. 1, that salary threshold will jump to $47,476, meaning employees who gross less than $913 per week would be eligible to claim time-and-a-half pay beyond 40 hours worked in a given week.

Between 4 million and 5 million workers are expected to be impacted within the first year of implementation, and employers in sectors including fast food, retail, colleges and nonprofits worry that the rule will drive up their costs and force them to cut employees’ hours and depress hiring. A lawsuit filed last month by a coalition of labor groups and state attorneys general claims as much.

See: Employment Agencies in Western Mass.

“We’ve heard from our members, small businesses, nonprofits, and other employers that the salary threshold is going to result in significant new labor costs and cause many disruptions in how work gets done,” Randy Johnson, the U.S. Chamber of Commerce’s senior vice president of labor, immigration, and employee benefits, said in a statement.

But lawsuits and legislation are question marks, and the Dec. 1 deadline is, for the time being, a sobering reality for employers, Adams said.

“We’re sitting here, it’s October, and people need to plan. It certainly isn’t a one-size-fits-all proposition for companies,” he said, noting that the EANE has conducted a number of briefings with members. The first step in developing a strategy to deal with the new rule, he explained, is identifying the population that will be affected.

“There are going to be some people not affected at all because they’re making more than the revised amount,” he said. “For those who are going to fall below the threshold that were previously above the threshold, how large is that employee population? What types of jobs are they? What is the gap between what they are making and what the threshold is?”

John Gannon, an associate attorney with Skoler, Abbott & Presser in Springfield, has also been communicating with employer clients on how to handle the new rule, which begins with whether to reclassify employees — from exempt, meaning salaried and not entitled to overtime pay, to non-exempt.

“The rule itself, unlike a lot of things in law, is pretty straightforward. If you’re not earning $913 a week in salary, you need to be reclassified,” he said. “And if we are going to reclassify people, how are we going to pay them? Are we going to convert them to an hourly rate, or keep them on salary and set them up so we still pay them overtime when they work more than 40 hours in a week?”

These questions are being asked in companies across the country. Hopefully, as Adams noted, the conversations started long ago.

Raising the Stakes

As he spoke with BusinessWest, Adams laid out a number of potential strategies for handling the new overtime rule.

“One strategy might be to bump salaries up to the minimum and nothing more,” he said. “But for some, the gap between where they currently lie and what the minimum is might be too much of a financial pill to swallow.

John Gannon

John Gannon says the new overtime rule is a good opportunity for companies to take a fresh, top-to-bottom look at how they classify, pay, and provide benefits to employees.

“A secondary strategy might be to keep the pay where it is, ‘but we’re going to acknowledge you’ll be non-exempt, and we’re going to make the effort to manage your workload so you don’t go above 40 hours a week and trigger overtime,’” he went on. “For some businesses, that might not be feasible, based on the workload and schedule and how they deliver services to clients. For example, there might be production schedules in the manufacturing world that make that impossible.”

A third strategy is to raise an employee’s salary to the new threshold, but add more to their plate to justify the pay raise.

“Again, how readily achievable is that? Are you talking about eliminating positions and rolling two roles into one?” Adams asked. “There are a lot of different strategies that can be employed, but to decide what strategy makes the most sense, you really need to take stock of the business and the culture, what you can afford to do financially, and what kinds of jobs will be affected, to know which strategy is going to work — or maybe a combination of those strategies.”

Gannon noted that the new DOL rule allows employers to include non-discretionary income to comprise up to 10% of the $47,476 threshold, meaning an employee making 90% of that figure in base pay and the rest in bonuses and commissions could still be considered exempt. The old threshold considered base pay only.

There are other ways to navigate the new rule creatively, he added.

“Some employers were surprised to learn they can still keep on paying employees a salary, even though they’re non-exempt,” he said. It’s a classification known as ‘salary non-exempt,’ he explained, and it’s currently uncommon, but the new overtime rule could lead more employers to consider that option.

Whatever the case, he went on, employers must deal with more than the financial challenges of expanded overtime; newly exempt employees moved from salary to hourly status will need to be trained in timekeeping practices they’ve never worried about before. There’s also the matter of status that many employees attach to being salaried.

“From an administrative standpoint, it’s easier to convert everyone to hourly; it makes everything cleaner,” Gannon said. “But from an employee-morale perspective, you might consider keeping them salaried.”

He concedes that just raising everyone’s pay to the new threshold is unlikely to be the best answer for anyone, so reclassifications will be necessary for countless businesses. Questions like whether to convert to hourly pay, keep salaries in place with the potential for overtime, or eliminating overtime altogether must be made on a company-by-company basis. In other words, “how do you implement this in such a way that doesn’t hurt employee morale?”

Role Players

However, pay isn’t the only test of whether a worker is exempt. There’s also the matter of job duties. An employee is considered exempt even under the $47,476 threshold if their job involves the responsibilities of an executive, administrative, professional, computer, or outside-sales employee. That part of the DOL rules is not changing.

That means raising someone’s pay by consolidating roles and giving them additional responsibilities might itself trigger an overtime exemption, Adams said.

“The duties test is the one that leads to the most litigation — those tests that say the employee has to do X, Y, and Z on a daily basis, or as part of their primary duties, in order to meet the exemption,” Gannon added. “Those aren’t impacted by the new rule. The only thing changing is the salary threshold.”

With that in mind, he’s encouraging employers to take a holistic look at whether some employees may be misclassified in regard to their job duties. “It’s a good opportunity to look at the company and its practices as a whole.”

Gannon noted that the overtime threshold has gone up several times before, albeit not to this degree, and the new law includes an automatic escalator provision that will increase it again every three years — so a strategy of simply raising someone’s pay to the threshold won’t work unless that pay will continue to rise along with the automatic updates.

The National Retail Federation, which is part of the lawsuit being spearheaded by the U.S. Chamber of Commerce, has a different concern, arguing that the new rule will force businesses to limit hours or cut base pay for workers to offset added payroll costs.

“Retailers are already struggling to implement this new government mandate before the swiftly approaching deadline, and the automatic update included in the rule would make them do this same dance every three years,” David French, the trade group’s senior vice president for government relations, said in a statement.

Adams understands the myriad concerns surrounding the change, citing financial considerations, logistical considerations, even policy aspects that arise regarding the benefits offered to different classifications of employees.

“The dollars-and-cents part of it is not the end-all, be-all. You can’t think of it in a vacuum,” he told BusinessWest, noting that companies are also grappling with the rising costs of healthcare reform, new pay-equity and transparency laws, and ever-changing compliance rules in a host of areas, and the overtime change is one more significant hurdle.

“That’s not to say change wasn’t needed,” he went on. “The salary base was antiquated; if you were making minimum wage, you were almost at the federal threshold. People knew it had to change. But it’s quite a leap to make this quickly, and that’s why a lot of people are pushing back and expressing frustration.”

Joseph Bednar can be reached at [email protected]

Employers Challenged by Religious Discrimination, Appearance Issues

By
Employment Sections

Crosses to Bear

By Karina L. Schrengohst, Esq.

Karina L. Schrengohst

Karina L. Schrengohst

You have an employee, Jack, who says he belongs to the Church of the Flying Spaghetti Monster. He practices the religion of ‘FSMism’ and, pursuant to this practice, he requests, as religious accommodations, an exception to the dress code and a schedule change.

Specifically, he wants to dress like a pirate and wear a ‘colander of goodness’ on his head.  In addition, he wants every Friday off because every Friday is a religious holiday for ‘Pastafarians.’  Jack has been preaching to his co-workers that they should join his church because Pastafarian heaven has a stripper factory and a beer volcano.

What would you do?

The Nebraska State Penitentiary was faced with precisely this request from an inmate. When prison officials refused to accommodate the inmate’s purported religious beliefs, he filed a lawsuit. Because the plaintiff in this case was an inmate and not an employee, this case does not involve reasonable accommodations under Title VII of the Civil Rights Act of 1964. But the case is an interesting illustration of how requests for religious accommodations can arise.

Title VII and Massachusetts state law prohibit discrimination based on religion in the workplace. In addition, state and federal law require employers to provide reasonable accommodations for sincerely held religious beliefs, unless doing so would create an undue hardship. Unlike disability discrimination law’s high burden, in the context of religious discrimination law, an accommodation constitutes an undue hardship if it would impose more than a de minimis cost on the employer. A reasonable accommodation is simply an adjustment to the work environment, such as an exception to dress code or schedule requirements, that will allow the employee to practice his or her religion.

But what exactly is religion for purposes of employment discrimination law? Defining ‘religion’ is difficult, as we have a growing, religiously diverse population. Title VII defines religion as including all aspects of religious belief, observance, and practice. The Equal Employment Opportunity Commission defines religion to include moral and ethical beliefs that are sincerely held with the strength of traditional religious views.

Religious beliefs typically involve deep and imponderable ideas, including existential matters, such as humankind’s sense of being; teleological matters, such as humankind’s purpose in life; and cosmological matters, such as humankind’s place in the universe. Religious beliefs are typically comprehensive and broad in scope.

Religion typically has some formal or external signs, including, for example, services, ceremonies, and rituals; writings, structure, or organization; holidays; clothing; and propagation. However, beliefs grounded solely in political, economic, or social ideology are not religious.

For example, courts have found that the Ku Klux Klan is not a religion protected by Title VII, but instead is a political and social organization. In addition, personal preferences are not religious. For instance, a district court in Florida found an individual’s purported ‘personal religious creed’ that eating Kozy Kitten cat food was contributing significantly to his state of well-being and therefore his overall work performance by increasing his energy to be a mere personal preference and not a religion protected by Title VII.

With this in mind, is FSMism a religion? The Nebraska federal court came to the conclusion that FSMism is not a religion. The court found that FSMism is a satire, intended to advance an argument about science, the evolution of life, and the place of religion in public education.  FSMism, which originated as a response to intelligent-design theory, argues that it is just as likely that God set the universe in motion as did a great Flying Spaghetti Monster.

The court, however, was not questioning the validity of the plaintiff’s beliefs. Religious beliefs do not have to be acceptable, logical, consistent, or comprehensible to others. In fact, religious beliefs can be preposterous to others.

Now consider you have an employee, Sally, who refuses a mandatory flu shot. She requests an exemption from the requirement. Sally says that, because she is vegan, it is against her religious beliefs to take the flu shot because it contains animal byproducts. What would do you?

An Ohio hospital was faced with this very request from an employee.  After the hospital denied the request and terminated her employment for refusing the flu shot, this employee filed a lawsuit in an Ohio federal court arguing that she was denied a religious accommodation.

The employer argued that veganism is not a religion, but rather a dietary preference or social philosophy. The employee argued that her practice constitutes a moral and ethical belief, which is sincerely held with the strength of traditional religious views. The employer in this case ended up settling after the court denied its motion to dismiss.

Finally, consider you have an employee, Jill, who comes to work one day with facial piercings. Your dress code prohibits facial piercings. Jill’s supervisor sends her home for violating the company’s dress code. Jill tells her supervisor that she belongs to the Church of Body Modification. She requests a blanket exception to the policy. What would you do?

In our own backyard, Costco was faced with precisely this request. When Costco would not give the employee the requested accommodation, she filed a lawsuit in federal court in Springfield. In this case, the district court left the question of whether the Church of Body Modification is a religion unanswered. Costco argued, and, on appeal, the First Circuit found, that permitting the employee to display her facial piercings was an undue hardship because it would adversely affect Costco’s public image and efforts to present a professional workforce.

What if Jill had come to work with a visible tattoo on her arm? She does not express that her tattoo has any religious significance. She simply considers her tattoo to be an individual expression. What would you do?

Under these circumstances, you can require Jill to cover her tattoo while working, assuming that is consistent with your policies. Generally, private employers can set whatever dress, grooming, and appearance standards that they think are appropriate for their businesses as long as the standards are not discriminatory or based on religion or any other protected categories (sex, race, disability, etc.). The question remains, however — do you want Jill to cover her tattoo?

Some employers are adopting more flexible appearance standards. This is driven, in part, with an eye toward employee retention. There is a generation of workers currently in the workforce who value individual self-expression and who are changing workplace culture related to acceptable appearance. In fact, there is a growing trend across the country at large, with national companies allowing employees to visibly display tattoos.

Whatever the appearance standards you decide are appropriate for your business, whether you have a conservative dress code or you allow employees to dress like pirates with visible tattoos and facial piercings, it is important to remember that policies should be consistently and uniformly applied to all employees, and exceptions to these policies should be considered for religious accommodations on a case-by-case basis.

Karina L. Schrengohst, Esq. specializes exclusively in management-side labor and employment law at Royal, P.C., a woman-owned, boutique, management-side labor and employment law firm, which is certified as a women’s business enterprise with the Massachusetts Supplier Diversity Office and the National Assoc. of Minority and Women Owned Law Firms; (413) 586-2288; [email protected]

Don’t Be the Unfortunate Boss Who Shrugs Off a Food Allergy

By
Employment Sections

Tricks and Treats

By Stefanie Renaud, Esq.

Stefanie Renaud

Stefanie Renaud

October in Massachusetts is a beautiful time, filled with colorful leaves, bright orange pumpkins, and pleasant fall weather. For most of us, Halloween marks a time of fun and revelry, complete with costumes, good-natured pranks, and lots of candy.

Even workplaces get in on the fun, holding costume parties and providing candy to sugar-deprived employees. But for employees with food allergies — about 15 million people across the U.S. — Halloween can be full of increased exposure risk from holiday ‘treats’ and potentially life-threatening reactions to innocent ‘tricks.’

This Halloween, avoid having a holiday horror story of your own.

Dirty Tricks

Everyone loves a good prank, but what if that trick was life-threatening to an employee? The employer might be liable for discrimination. That’s what happened to Panera LLC last fall, when a former employee sued, alleging that Panera violated Title VII of the Civil Rights Act of 1964 by allowing harassment against him based on his food allergies.

Plaintiff Dustin Maldonado alleged that his manager and co-workers taunted him about his allergy, intentionally exposed him to peanuts, tricked him into eating nut-laced food items, and teased him that his EpiPen would spread AIDS. One time the manager ‘pranked’ Maldonado by leaving peanut butter outside his office. Another time, the manager ‘tricked’ Maldonado, telling him that his co-workers had made dinner for him, then placed peanut-butter-filled treats into Maldonado’s uncovered hands, causing an allergic reaction. After the incident, Maldonado filed a formal complaint with the human resources department, which allegedly told Maldonado to have a better sense a humor about the situation.

Although liability in this case remains to be seen, employers should be aware that even innocent-seeming pranks can result in potential legal liability.

You might be thinking, who on earth would think it was OK to intentionally expose someone to an allergen, even as a prank? More people than you think, apparently. In the Sept. 29, 2016 edition of the Washington Post’s advice column, another employee with food allergies wrote in, seeking advice. According to the employee, she had repeatedly asked a co-worker to not bring or consume peanut products in the office, due to the employee’s severe allergy. A few months later, the employee sat at her desk and began to notice reaction symptoms.  Finding a smear of peanut butter on her hand, the employee looked under her desk and found a large glob of peanut butter smeared on her desk. When the employee called her boss, he shrugged it off and told her he “didn’t think [the employee] should be able to dictate what others can eat.”

That’s the wrong answer. Be sure to keep an eye out for the forthcoming lawsuit!

Killer Treats

What about those candy bowls spread around the office? Obviously, it is easy enough to know that peanut-butter cups might be a trigger for a person with food allergies, but what about those deluxe Halloween cookies your co-worker makes each year? They can also pose an exposure risk, and possibly lead to litigation.

In March 2015, a family sued the grocery chain Publix after their son died after eating a mislabeled cookie. The family purchased the cookie from the bakery section of the store only after being told it was nut-free, as no ingredients were listed, and there was no allergen warning. Despite this assurance, the little boy had a severe reaction to the cookie, which contained walnuts, and he eventually died.

While there are no similar cases where an employer was found liable for exposure to treats brought in by another employee, it is plausible that such a suit could occur, particularly if the treats were shared as a part of company-sanctioned festivities. Thus, employers may need to be cautious when encouraging employees to share homemade treats during the Halloween season.

My Employee Has a Food Allergy, So What?

Depending on their severity, food allergies may be covered by the Americans with Disabilities Act (ADA) or similar state laws. The burden is on the employee to alert the employer to their food allergy.  Once an employee has done so, management must treat the claim seriously.

If the employee is seeking accommodations because of their allergy, the employer should follow the ADA protocol the same as it would with any other potentially disabled employee. The employer may request documentation of the allergy before granting an accommodation. If the medical documentation shows that the employee in fact suffers from a disabling condition, the employer needs to engage in the interactive process and brainstorm accommodations that would allow the employee to perform the essential functions of the job.

If there are no such accommodations, then the employee is simply not qualified for the position. However, you should not simply dismiss a request as unreasonable until you have fully explored whether it would, in fact, be possible. Remember, showing that an accommodation is unreasonable because it would present an undue hardship is a very high burden. Finally, the ADA’s anti-retaliation provisions mean that you cannot fire someone just because they have a food allergy or because they asked for an accommodation for that food allergy.

Around the workplace, employers can take a few easy steps to reduce their employees’ risk of exposure to food allergens. Employers may wish to conduct training on the risks associated with food allergies and helping employees recognize the signs of an allergic attack in others. Employers should consider posting signage in kitchen areas and providing disposable plates, cups, and utensils for use by employees with allergies.

Finally, employers must treat employees with food allergies, and their related needs, seriously. Don’t be the boss who shrugs off a food allergy.

Stefanie Renaud, Esq., is an associate with the law firm Skoler, Abbott & Presser, P.C., which exclusively represents management in labor and employment matters; (413) 737-4753; [email protected]

EANE Slates Annual Employment Law & HR Conference for Nov. 3

By
Daily News

AGAWAM — The Employers Assoc. of the NorthEast (EANE) announced its annual Employment Law & HR Practices Conference will be held on Thursday, Nov. 3 at the Springfield Marriott. The full-day conference will address the ever-changing issues facing employers in today’s workplace.

Featured keynote speakers will be Jessica Fraga, continuous improvement consultant at MassMutual, who is a successful relationship-builder with a passion for diversity and inclusion. She will present “Breaking Ground on Gender Identity,” demonstrating how organizations can create transgender-inclusive workplaces by moving from policy to practice.

Attorney Susan Fentin, a partner at the law firm of Skoler, Abbott, & Presser, will present “Minimizing Your FLSA Risk: Overtime Is Money,” explaining the new Department of Labor overtime standards and sharing strategies for assessing impact and exposure on organizations.

“We recap the vital developments in state and federal employment law and review best practices with an array of experts,” said Meredith Wise, president of the Employers Assoc. of the NorthEast. “Participants walk away with practical guidance and big-picture strategies to use right away.”

The cost for the program is $285 per person, with discounts for three or more. Register at www.eane.org/elhr16 or via phone at (877) 662-6444. The program will offer 5.5 credits from the HR Certification Institute and SHRM.

Serving employers in the Northeast for more than 100 years, and boasting more than 900 members, EANE provides resources for organizations to maximize employee engagement and retention while minimizing risk.

WMEC to Present ‘Diversify Your Workforce’ Breakfast Event Nov. 17

By
Daily News

HOLYOKE — The Western Mass. Employment Collaborative (WMEC) will present a breakfast event called “Diversify Your Workforce” on Thursday, Nov. 17 from 9 to 11 a.m., preceded by breakfast and networking at 8:30 a.m. at the Delaney House in Holyoke.

WMEC partners work toward the common goal of increasing employment opportunities for individuals with disabilities. WMEC works across all disabilities and represents hundreds of job seekers who have the skills, commitment, and desire to enter the workforce and contribute positively to a local employer. To that end, it is partnering with the Mass. Down Syndrome Congress and its “Find Your Next Star” campaign.

Attendees of the Nov. 17 event will learn ways to grow their business and meet their hiring needs. To register, visit www.mdsc.kintera.org/dywwest.

Law Firm Announces Retirement of Jay Presser

By
Daily News

SPRINGFIELD — Skoler, Abbott & Presser, P.C. announced that, after 40 years of practicing law, attorney Jay Presser has retired.

“It has truly been an honor for me to be a part of the firm,” said Presser. “My career at Skoler Abbott has afforded me the distinct opportunity of working alongside some of the best lawyers in our region, and I know the firm’s legal reputation will continue on for many years.”

Presser, who started with the firm in 1977, has more than 40 years of experience litigating employment cases in federal and state courts and before administrative agencies, including the National Labor Relations Board, the Mass. Commission Against Discrimination, and the State Labor Relations Commission. He has successfully defended employers in civil actions and jury trials and has handled cases in all areas of employment law. He has won appeals before the Supreme Judicial Court and the First and Second Circuit Courts of Appeals, and has represented employers in hundreds of arbitration cases arising under collective-bargaining agreements. In addition to his consistent track record in the courtroom, he has received numerous honors, along with more than 20 consecutive years on the Best Lawyers in America list.

“As we reflect on Jay’s retirement, we look forward to the future of the firm,” said attorney Timothy Murphy. “With his help, we have assembled an excellent team of legal professionals — a legacy that Jay will leave behind for years to come.”

Super 60 to Be Honored Oct. 28

By
Daily News

SPRINGFIELD — The Springfield Regional Chamber announced the honorees for its annual Super 60 award, presented by Health New England and sponsored by Farmington Bank. Now in its 27th year, the program celebrates the success of the fastest-growing privately-owned businesses in the region which continue to make significant contributions to the strength of the regional economy.

The Super 60 celebration event honoring this year’s class will be held Friday, Oct. 28 from 11:30 a.m. to 1:30 p.m. at Chez Josef, presented by Health New England; sponsored by Farmington Bank, Zasco Productions and WWLP-TV 22; with reception sponsors the Republican and the Regional Employment Board of Hampden County, gold sponsor Berkshire Bank, and in partnership with the East of the River Five Town Chamber of Commerce (ERC5). Tree House Brewing Co. co-Founder Dean Rohan will keynote the event and discuss the success of the artisan brewery.

Reservations are required for the event; the cost is $50 for Springfield Regional Chamber and ERC5 members, $70 for general admission. Reservations for tables of eight or 10 are available. The deadline for reservations is Wednesday, Oct. 19. No cancellations are accepted after that date, and no walk-ins will be accepted. Reservations must be made in writing, online at www.springfieldregionalchamber.com or by e-mail to [email protected].

To be considered, a company must be based in Hampden or Hampshire counties or be a member of the Springfield Regional Chamber, have revenues of at least $1 million in the last fiscal year, be an independent and privately owned company, and be in business at least three full years. Companies are selected based on their percentage of revenue growth over a full three-year period or total revenues for the latest fiscal year.

This year’s winners hail from 17 communities across the region and represent all sectors of the economy, including nonprofit, transportation, energy, healthcare, technology, manufacturing, retail, and service.

“Small business is the backbone of our region and our continued growth engine, and the success of this year’s winners is a clear indication that our regional economy is strong,” said Springfield Regional Chamber President Nancy Creed. “What is interesting to see this year is the emergence of the digital world. Two of our honorees, 3BL Media and LavishlyHip — which also took the top spot in Revenue Growth — have a strong presence in the online community and do business primarily on the web versus brick and mortar. I think this might be first year we’ve had such honorees.”

This year’s top honoree in Total Revenue is Amherst-based Stavros Center for Independent Living, one of the oldest independent-living centers in the country. The organization came in at number two in Total Revenue in 2014.

Creed noted that one-third of the Total Revenue winners exceeded $45 million in revenues, with all the winners combining for more than $1.3 billion in revenues. In the Revenue Growth category, she said all winners had growth in excess of 25%, while one-third had growth in excess of 60%.

Three companies in the Total Revenue category also qualified for the Revenue Growth category, while nine companies in the Revenue Growth category also qualified for the Total Revenue category. These companies are indicated by asterisks below. The top three in each category are ranked as such, with the rest following alphabetically.

The 2016 winners in Total Revenue are: 1. Stavros Center for Independent Living Inc.; 2. Springfield College; 3. Whalley Computer Associates Inc.; Baltazar Contractors Inc.; Behavioral Health Network; Braman Chemical Enterprises Inc.; City Tire Company Inc.; Collaborative for Educational Services; Commercial Distributing Co. Inc.; Community Enterprises Inc.*; the Dennis Group; Filli, LLC d/b/a ConTest Analytical Laboratory; Grand Prix International; HAPHousing (HAP, Inc.)*; Holyoke Chicopee Springfield Head Start Inc.; Human Resources Unlimited Inc.; Kittredge Equipment Co. Inc.*; Lancer Transportation & Logistics and Sulco Warehousing & Logistics; Marcotte Ford Sales Inc.; Multicultural Community Services of the Pioneer Valley Inc.; Northeast Treaters Inc.; P.C. Enterprises Inc. d/b/a Entre Computer; Pathlight Inc.; Sarat Ford-Lincoln; Specialty Bolt & Screw Inc.; Tighe & Bond Inc.; Troy Industries Inc.; United Personnel Services Inc.; Valley Opportunity Council Inc.; WestMass ElderCare Inc.

The 2016 winners in Revenue Growth are: 1. Lavishlyhip, LLC; 2. City Enterprises Inc.*; 3. 3BL Media, LLC; Aegenco Inc.; Aegis Energy Services Inc.*; Bart Truck Equipment, LLC; Baystate Crushing; Charter Oak Insurance & Financial Services*; Courier Express Inc.; Detector Technology Inc.*; Environmental Compliance Services Inc.; Fletcher Sewer & Drain Inc.; Fun Dining Inc. d/b/a Center Square Grill; Gandara Mental Health Center Inc.*; GMH Fence Co. Inc.; Knight Machine Tool Co. Inc.; M. Jags Inc.; Maybury Associates Inc.*; Michael’s Party Rentals Inc.; MicroTek Inc.*; O’Connell Care at Home; Orthotics & Prosthetics Laboratories Inc.; Paragus Strategic IT Inc.; Powervestors II, LLC; Rediker Software Inc.*; Rodrigues Inc.; Tech Roofing Service Inc.; Universal Plastics Corp.*; Webber & Grinnell Insurance Agency Inc.; Yankee Home Improvement.