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Jean Pao Wilson

Jean Pao Wilson homeschooled her son Dillan for six years until he chose to enter public school, and still homeschools her 13-year-old daughter Amelia.

Jean Pao Wilson will never forget the moment she decided to homeschool her children.

“I can still see the picture in my head; my children were sitting on my husband’s knees on the riding mower as the sun set behind them,” the Easthampton mother said, adding that she had returned home from running errands, and although it was past their bedtime, her son and daughter ran and jumped into their father’s lap as soon as they saw him.

“It was a deciding moment; my son was in kindergarten and I had been thinking about the idea, but that did it,” Pao Wilson said, explaining that her husband worked six days a week, her children were in bed every night when he got home, and she knew homeschooling would allow them to spend more time together.

Other local parents who homeschool may not have experienced a similar epiphany, but those who have chosen this route say the benefits outweigh the challenges, and they and their children have no regrets.

Indeed, 16-year-old Dillan Wilson, who made the decision to switch to a brick-and-mortar school in seventh grade after years of homeschooling, found his experiences with learning very different than many of his peers.

“I saw so many kids who were just trying to get a (grade of) 60 to pass a test, rather than really wanting to understand the material,” he explained. “If I hadn’t been homeschooled for so many years, I might have been one of them.

“Homeschooling was a good experience,” he continued. “It wasn’t over-structured and I always wanted to learn more because there was never any pressure or testing.”

Statistician Sarah Grady from the U.S. Department of Education’s National Center for Education Statistics said the organization’s most recent study on homeschooling has yet to be released. But there was a 74% increase in homeschooling from 1999 to 2003, a 36% increase over the next nine years, and by 2012, 3.4% of students in the U.S. were homeschooled, including 31,000 to 41,000 children in Massachusetts.

Grady said the majority of parents cited concern about the environment in schools as the primary reason they decided to homeschool. However, the numbers reflect a limited population; 83% are white, and the income for most households is $50,000 to $100,000.

But local parents say the benefits are numerous: Homeschooling can be tailored to meet each child’s need; each child has a one-on-one-tutor; they can learn at their own pace without being labeled, which is especially important if they are ahead or behind in a subject area; they learn to think more independently than their peers; they are not bored by subjects they lack interest in or have already mastered; the environment is safe and devoid of bullying; and unusually close family relationships are forged due to a lifestyle that incorporates learning at every level.

Which is not to say that parents never have doubts.

David Iacobucci of East Longmeadow is a middle-school vice principal, and when his wife Adriana told him she wanted to homeschool their children he was apprehensive because he lacked a true understanding of the possibilities.

But over the years, a series of small and consistent successes that began when he watched Adriana teach his children to read built a belief in homeschooling that exceeded anything he could have imagined.

It has involved a lot of lot of hard work; the couple has studied Massachusetts and Connecticut state standards, and David has provided Adriana with many resources gleaned from his own career. But ultimately, he discovered that what was taking place in his home was the ideal set for public schools: Student-centered learning with an unlimited opportunity for socialization through a full schedule of diverse activities.

But he admits he continued to have some reservations, although they diminished over time, until his oldest daughter, Lena, got her first report card in a brick-and-mortar high school.

Today, Lena is a senior and president of the National Honor Society in East Longmeadow High School; her younger sister Sofia, who entered public school in 7th grade, has also earned honors, including the Presidential Award for Academic Excellence in eighth grade; and 11-year-old Eliza and 8-year-old Luca are being homeschooled by Adriana.

For this edition and its focus on education, BusinessWest takes a look at homeschooling through the eyes of several local families who shared their fears, hopes, and dreams, and the challenges and rewards of this form of alternative education.

Unlimited Resources

Miranda Shannon of Amherst started homeschooling 16 years ago. Today, one of her children is in graduate school, two are in college, her 18-year-old just finished his high school homeschooling program, and her 14-year-old son is still being homeschooled.

“Homeschooling is a viable way to educate children that can be done successfully because it allows parents to take their children’s personalities and learning styles into account; the ultimate goal is to produce an educated, self-confident young person,” Shannon told BusinessWest, noting that it’s more accepted today than when she started more than a decade ago.

Shannon is the moderator for the Pioneer Valley Homeschoolers Group, an inclusive, eclectic, online support group started in 2000 by a handful of families in a playgroup who shared the same goals.

It’s a place where people can find resources, ask questions, get advice and support, and post events, classes, and other activities. The group also offers help on tasks that include how to turn in paperwork required by local school departments as well as other practical information.

“There are things that every family must do, but when it comes to actual teaching we all do things very differently,” Shannon said, noting that PVHG provides support at all stages of schooling, from preschool/kindergarten through high school, which is important; veteran homeschoolers, who schooled their teens through high school give advice to families who wish to do the same.

The help ranges from information about existing options to advice on how to create high school transcripts, and personal experiences with the college application process.

Adrianna Iacobucci

Adrianna Iacobucci helps 11-year-old Eliza and 8-year-old Luca with their studies.

Indeed, so many groups exist in which homeschoolers and parents collaborate that it’s not difficult for parents to find one with like-minded people; they include cooperatives where group learning and projects are the primary focus; clubs formed by parents; support groups; and a growing number of field trips, classes, and educational sessions.

Sophia Sayigh is on the board of directors for Advocates for Home Education in Massachusetts; the statewide nonprofit is based in the Boston area and designed to educate and support parents in the Commonwealth who want to homeschool their children.

She says each town or city is responsible for overseeing residents who are homeschooled, and parents must submit an annual plan for each child. However, there is considerable room for flexibility because homeschoolers are not required to take standardized tests, although they can take an exam similar to the GED if they want a traditional diploma.

But experts say that is not necessary for entrance to college, especially at private schools, and an article in the Journal of College Admission notes that homeschoolers’ ACT and SAT scores are higher than those of public school students, and home-educated college students perform as well as or better than traditionally educated students.

Although some parents use curriculums they purchase to help guide their daily lessons, many create their own based on state standards. The Internet also provides an unlimited trove of resources: Lena Iacobucci took a free college course in psychology when she was in 8th grade, and her sister Sofia took a college course in International Law while she in 6th grade, thanks to offerings on the website www.coursera.org.

Sayigh tells parents to consider their child’s interests and how they learn best and include that in their education plan, and notes that being able to cater to their individual needs is one of the benefits of homeschooling.

“Everything is interdisciplinary,” she said, explaining that although schools divide their day into periods with designated times for different subjects, taking a child who is fascinated by marine biology to an aquarium can lead to extensive reading, research, writing, and math exercises that the child finds interesting. And since children learn best when they are enthusiastic about a subject, it can result in advanced learning.

In fact, homeschooling is an experience far removed from what most people imagine.

“You do not have to recreate school at home; there is no school bus to catch, and if something isn’t working, you change it,” Sayigh said. “Plus, your child doesn’t ever have to struggle because their learning is not dictated by an outside institution.

“Although you need to be able show progress, they don’t have to be at grade level in every subject,” she continued, citing the example of learning to read; there is a continuum of normal, and if parents read to their children every day and take other measures that hold their interest, they attain competence in their own timeframe.

Shattering Misconceptions

Homeschooling parents agree that although it can be a lifesaver for some children, it is definitely not for everyone, and is unlikely to be successful if the parent’s and children’s personalities do not mesh well, or for those unwilling to make the effort required to ensure their children have a multitude of opportunities to interact socially with their peers.

“If the parent is on the quiet or shy side, it may be hard to provide enough socialization for their children,” said Pao-Wilson, a licensed clinical psychologist. “It takes energy and time to network and establish and build the relationships and support that you and your children need.”

Local homeschooling parents say they don’t sit at the kitchen table for six hours a day, and their schedules are much different than one would find in a traditional school setting. Most tackle academic subjects such as math and language arts in the morning, because children learn best when they are not tired.

But their afternoons vary; children meet and do projects or learn lessons with co-op groups, take field trips, do volunteer work, research, read, take part in organized sports, and participate in the many programs that have sprung up in recent years at local museums, nature centers, and other facilities offering programs expressly for home-schooled students.

Gary Pao Wilson and his son Dillan

Gary Pao Wilson and his son Dillan share a close relationship and many interests, which was the intent behind Jean Pao Wilson’s decision to homeschool their children.

For example, Springfield College started a free physical education program last year for homeschoolers that divides them by age and meets on Friday mornings.

“All aspects of the program are directly supervised by Springfield College faculty members,” said Springfield College PEHE Chairman Stephen C. Coulon. “The physical education instruction is offered in a supportive environment with the emphasis on achievement and enjoyment.”

Parents also start their own groups. Pao Wilson and another homeschooling mother received a STEM grant from 4-H to start a Science Club, and was helped by two friends; a molecular cellular biologist and a friend with a degree in astrophysics.

“I know it’s incumbent on me to find programs that will interest my children, and if something doesn’t exist, I need to create it or find resources that will help me,” she said.

Most children’s schedules are filled with activities and trips to places that interest them, and they also belong to Girl Scouts, Cub Scouts, local sports teams, and more.

Social skills are formed as they work on projects in homeschool cooperatives and through the many group activities they take part in. In fact, parents and children say that being in a classroom doesn’t mean you will make friends with the people around you, and that it’s easy for them to form friendships in a homeschooling environment.

“You don’t need to be with 30 kids a day to develop as a normal, happy person, and homeschooled children are often more comfortable with adults because they don’t view them as someone who is trying to keep them in order,” Sayigh noted, adding that she successfully homeschooled her two children.

Different Styles

Pao Wilson does not think of homeschooling as simply another way to master academics; instead she views it as a place to learn lessons about life; develop critical thinking skills; and share her personal values.

And since most homeschoolers engage in a wide variety of activities related to their schooling, that’s exactly what has occurred with her children.

Her daughter Amelia, has earned ribbons for science-related projects in 4-H; taken photography classes, and pursued other things that interest her.

And although Dillan chose to leave homeschooling for a traditional education, 13-year-old Amelia tried an English class, then decided she wants to continue learning at home.

“I can do things at my own pace at home. It’s easier than having a schedule,” she said, adding that she likes the flexibility of being able to take a break when she gets tired.

Her outside activities include horseback riding, but she says she is very self-motivated when it comes to schoolwork.

“My mom is always there if I have questions, and I don’t have to wait for an e-mail or a phone call to get the answer,” she continued, citing the benefits. “Some of my friends wish they were homeschooled.”

Pao Wilson and other parents say they were initially apprehensive about their ability to teach their children, but when doubt arises, she recognizes it’s something she has to make peace with.

But it quickly became clear that she had to spend time on her relationship with her children and their relationships with each other; they had to learn to negotiate and resolve conflicts with each other, express their emotions, and get along.

“I had to change my style of parenting, and by the time they were 10 and 8, I was talking to them like they were teenagers,” she said. “But they were able to develop their own thoughts about things without worrying about conforming to the norm or being subjected to the pressure of how others perceive them.”

Adriana Iacobucci, who has homeschooled for 13 years, said she and her husband David gave their children choices from the time they were toddlers, and the decision to homeschool evolved after their oldest daughter Lena returned from preschool and announced she could learn the same things at home.

“We wanted them to be self-directed learners,” she said, adding that homeschooling families learn quickly to respect and support one another even if their teaching styles are very different.

Like other parents, she has moments of doubt, but she also views it as a challenge that must be overcome. But she has been part of many co-op groups, and continues to make a concerted effort to involve her children in as many activities as possible.

“They have been in many situations with diverse families, so they’re open minded about other people and really accept them,” she noted. “Our children are also extremely independent; making decisions about their own academic studies has spilled over into how they spend their time and who they spend it with.”

She has enjoyed watching them learn, and says it’s a luxury to allow them the time and space they need to master subjects they find challenging.

Eliza is still at home, and the 11-year-old enjoys her lifestyle. “I like being homeschooled, although I definitely do want to go to high school,” she said.

Her 8-year-old brother Luca also likes being homeschooled. “You don’t have to be in class as long,” he said, reciting subjects he enjoys, including science and math.

Difficult Lessons

Pao Wilson says homeschooling requires parents to learn how to learn themselves, have a desire to examine their beliefs, and be willing to change.

It also requires personal and financial sacrifices, because one parent is home instead of working. “But whether you’re home or making money in the workforce depends on your values and whether your definition of success is measured in dollars,” she noted.

Her initial goal of giving her children more time to spend with their father has been met, and today they all enjoy close relationships.

“Any endeavor worth pursuing will have its share of challenges, and there will be good days and bad days,” she explained. “But in the end, even with the kids squabbling, the uncertainty and worry about whether I’m doing the right thing or if I’m doing enough; and the sacrifices in health, time, energy, money, and sometimes my sanity … I still believe that homeschooling is worth the sacrifice.”

Teen Sofia Iacobucci agrees. “I left homeschooling because I wanted to try something new, and a lot of homeschool friends were going to public school,” she said. “But it was a big change. I liked the freedom we had at home. We had a say in what we wanted to learn instead of being told what we had to do and it allowed me to take my education into my own hands and become independent.”

Which is indeed the goal of every parent; to raise a well-rounded, happy and independent child.

Employment Sections

Hire Expectations

Employment agencies, by nature of the work they carry out, can take an accurate read of the economy, the confidence exhibited by area employers, and the trends developing within various sectors. Their pulse-taking exercises reveal, among other things, that the economy has been growing steadily since the end of the recession, and that this remains, by and large,  a a job hunter’s market because businesses and start-ups are growing, and the demand for people with specialized skills is currently greater than the supply.

Tricia Canavan

Tricia Canavan says working with an employment agency can be beneficial to job seekers because such firms know what employers want and can help them hone their skills.

A client recently told Tricia Canavan that he didn’t know how she found the right person to fill an executive position in his firm.

“I told him it’s our sole focus, so it’s easier for us than it is for many small and mid-sized companies,” said the president of United Personnel in Springfield.

But it’s still no small feat: The state’s seasonally adjusted unemployment rate was 4.2% in June, for the third month in a row, and fewer people are searching for jobs.

“It is becoming increasingly difficult to find qualified candidates,” Canavan said.  “The economy in Western Mass. is really strong, the job market is very tight, and we’re seeing increased demand for direct hires as well as temp-to-hire positions.”


Chart of Area Employment Agencies


Indeed, although the market was flooded with job hunters during the recession, the pendulum has certainly swung in the opposite direction, creating new challenges for employers — and the staffing agencies trying to serve them.

“The field is rife with opportunity for people with the right skills,” said Jackie Fallon, president of FIT Staffing Solutions LLC in Springfield and Enfield, which specializes in the field of information technology. Historically, about 25% of their job openings have been for temporary positions, and although there was a rise in temp jobs from 2008 to 2010, today only two of 25 openings she is trying to fill fall into that category.

“It’s a job-candidates’ market; there is a gap between supply and demand,” Fallon continued, adding that people with IT skills are not afraid to quit jobs without notice due to the high demand for their skills, and this factor, combined with the fact that many baby boomers are retiring, has increased the number of openings in the industry.

“It is becoming increasingly difficult to find qualified candidates,” Canavan said.  “The economy in Western Mass. is really strong, the job market is very tight, and we’re seeing increased demand for direct hires as well as temp-to-hire positions.”

Ed Piekos notes the same trend in another industry. “Job openings continue to exceed hires for companies looking for financial professionals with well-rounded skill sets and strong soft skills,” said the vice president of Accountemps/Office Team in Springfield. The former specializes in accounting and finance professionals and their temporary jobs can last up to two years, while its sister division specializes in administrative support, where a business might need a receptionist for as little as a day.

Jackie Fallon

Jackie Fallon says there is strong need for employees who are proficient in information technology, and this pattern will continue.

Andrea Hill-Cataldo, president of Johnson & Hill Staffing Services in West Springfield, said the need for people in accounting and finance has grown so much that earlier this year she hired Tiffany Appleton to serve as director of the new Finance and Accounting division her firm created.

“We’re very busy, and there is a growing need for this type of expertise in both temp and temp-to-hire positions, although most of the jobs we’re trying to fill are temp-to-hire,” she told BusinessWest.

Appleton moved from the Boston area to Western Mass. to take the job, and was surprised to find the majority of vacancies in this region are newly created jobs.

“We’re not seeing a need for backfills; all of the positions we have exist because small and mid-size companies are growing and want to add to their teams,” she noted. “They’re creating permanent jobs and are fully committed; they are not testing the waters with a temp.”

Although she noted that larger firms still do employ temps, which some people prefer to call “contractors” due to the negative connotations associated with the term “temporary,” the majority of them keep these hires for a year or longer, which allows them to continuously adjust to economic demands without affecting their permanent staff.

“Temporary hires are a workforce-management tool because they can be used for projects, special needs, or uncertain demands,” Appleton explained.

Overall, who, when, and why companies are hiring are subjects still dominated by a host of questions marks. But many employment issues are coming into focus, and for this issue, BusinessWest talked with many staffing professions about what they’re experiencing, and what that means in terms of the proverbial big picture.

Meeting Diverse Needs

Although the demand for full-time employees is growing, Canavan said many companies have significant seasonal fluctuations and do need temporary workers. Decades ago they hired people to fill these jobs, then laid them off, but today they depend on employment agencies to fill their need for workers whose job duties can range from customer service to processing orders to even project management.

It’s a system that works well because local employment agencies retain pools of qualified candidates they deploy on a frequent basis.

Andrea Hill-Cataldo, left, and Tiffany Appleton

Andrea Hill-Cataldo, left, and Tiffany Appleton say that although large companies can offer rich benefit packages, small to mid-sized companies often can be more flexible or creative with benefits, which appeals to many job seekers.

The length of time they work depends on what they are hired for, but Fallon said her firm provides them with health insurance if they need it and keeps them on staff as W2 employees, because independent-contractor law in Massachusetts is the strictest in the country.

“And in our industry, many software developers want to go from job to job, which they can do in other states, but not in this one,” she explained.

Other agencies also see people who only want to work on a temporary basis. Some are retired, others are simply interested in challenging projects, a number want to gain skills and experience in a new field they are considering, and still others supplement their income by working part-time.

“They may have plans to move in a year, are re-entering the workforce, or are a recent college graduate who just wants to build a resume,” Canavan said.

She told BusinessWest there are also many part-time positions available, which is ideal for job applicants with another job or responsibilities that prevent them from working full time.

The options are unlimited, and the temp-to-hire route often works well for both employers and prospective employees, although people leaving a full-time job to take another usually want the security of knowing they have a job.

“Many companies want to try a candidate out to see if they fit well in their culture, but it’s also an excellent way for a person to see if they want to work for the employers,” Piekos explained, noting that a job placement needs to be a good fit; someone who has worked in corporate America may not be comfortable working in the construction industry.

Ed Piekos

Ed Piekos says companies seeking a highly skilled financial professional with strong soft skills must act quickly when they find one and be willing to negotiate.

That can be difficult to determine if the employer and their workplace constitute an unknown entity, which happens frequently when people search for a job on their own.

“It can be very frustrating for people to apply for jobs via the Internet. It’s like sending your resume into a black hole,” Canavan said, explaining that there is often no response and no feedback, which can be mitigated with an employment agency because they know their clients well.

In fact, Hill-Cataldo believes every job seeker should contact an employment agency.

“We can’t help everyone but we’re really honest about feedback and we offer specialized services. One interview with us can yield a lot of potential options, so it is a good investment of people’s time,” she explained.

Her agency also offers candidates they accept free assistance in polishing their resumes as well as their interviewing skills, and offers honed advice on how to turn a temp position into a permanent one.

Timing Issues

Star performers may be in demand, but Hill-Cataldo said their clients are not compromising their standards.

“They want the right person and are highly selective,” she noted, “But if they do find a top candidate, they act quickly because they know that quality people are being snatched up.”

Piekos has spent 18 years in the industry and been through three economic downturns and recoveries, and says the market right now for skilled employees is especially tight, so it is critical for employers to make offers quickly if they like a candidate.

“Companies need to be willing to negotiate quickly because a person may have a lot of offers on the table. They have to be ready to sell themselves and be willing to entertain things such as higher salaries and flexible scheduling or they could lose top performers,” he said. “We’re in a specialized economy, and skilled talent is becoming harder and harder to find, so candidates with the skill sets companies want often have multiple offers.

“Counter offers are common and hiring has become intensively competitive,” he went on, adding that the national unemployment rate is 1.8% for financial analysts, and 2.6% for bookkeepers, so there may be dozens of local companies trying to hire a senior accountant.

“It’s really a candidate’s market, and people with the right skill sets are so confident they are forcing employers to look at retention strategies and compensation plans,” Piekos continued, explaining that people are more willing to change jobs today than they were during the recession.

He believes the top items companies need to offer in order to acquire and retain top employees include a willingness to invest in their professional development; the ability to provide opportunities for career advancement; good salaries or hourly wages; and programs that reward or recognize employees for excellent work.

Many job seekers in this market, particularly millennials, are also concerned with the flexibility a job offers and want to be able to make their own work schedules.

“Candidates are definitely demanding and want to work for a company that offers them a good work/life balance. Many tell us the company’s mission is important and should allow them to take time off to volunteer, as well as allowing them to work from home as much as possible,” Fallon said, adding that employers who want to hire people competent in information technology need to keep pace with it themselves because college graduates won’t work for a company with old technology.

And since a good fit means understanding the needs of both the employer and the employee, Canavan says her firm interviews employers about what a typical work week is like, and talks to prospective employees about what they find acceptable.

There are other important factors, and one of them is that finding the right candidate for a job doesn’t necessarily mean they need all of the technical skills a company would like.

Job-placement specialists agree that skill sets are transferable, so soft skills are often more important than proficiency in a certain area and finding someone who fits well within an employer’s culture and has good soft skills can be the deciding factors in who they hire.

“Employers are more open to understanding this today than they were in the past,” Appleton said. “Many skill sets are transferable.”

Hill-Cataldo added four new employees to her own staff over the past 18 months, and followed that principle; her new placement coordinator was a legal assistant, and other hires came from the banking and retail industries.

“You can train someone on the technical aspects of the job, but you can’t train them to be passionate about their work,” she said.

Future Outlook

The need for qualified employees continues to grow, and more companies are taking measures to ensure that the people who already work for them are happy, which is critical to retention. They are also focusing on why their firm stands out so they can sell themselves to candidates they like.

Hill-Cataldo and other experts say this is especially important in the current competitive environment.

“It’s not your typical market, and we are so busy we can’t identify enough qualified candidates for the business we have,” she noted, adding that they are placing people in many high- level positions.

“It’s a good time to be looking for a job,” she said in conclusion. “There are lots and lots of opportunities.”

Employment Sections

Defining Issues

By Peter Vickery

Peter Vickery

Peter Vickery

At the end of June, the Mass. Commission Against Discrimination (MCAD) was the subject of a report by the state auditor that criticized the agency’s delays, accounting practices, and security controls. Nevertheless, in July the Legislature decided to entrust the MCAD with the task of drafting rules and regulations around the Act Relative to Transgender Discrimination (commonly, and somewhat disparagingly, known as the Bathroom Bill).

But it chose not to make the MCAD the starting point for complaints under the new Pay Equity Act. Both pieces of legislation will affect employers in Western Mass., as would any changes the MCAD makes to its operating procedures in response to the audit report. But first, an overview of a recent decision from the agency’s Boston office that may influence the way employers across the commonwealth handle temporary disabilities.

MCAD & Carta v. Wingate Healthcare Inc.

The MCAD recently awarded a formerly full-time employee $25,000 for emotional distress in part because her employer had done such a good job of accommodating her need to work part-time. When the employer argued that keeping a part-time employee in a job that needed a full timer was an undue hardship, the hearing officer pointed to the fact that the company had coped well enough for five months and could show no loss of revenue or operational burden. The employer may regret having accommodated the disability so effectively.

One might think that the MCAD would want employers to create financially viable workarounds and reward them — or at least not punish them — for providing reasonable accommodations that do not hurt the bottom line. Instead, if this case is anything to go by, an employer’s success in accommodating a temporary disability can count as a strike against it.

The case, MCAD and Carta v. Wingate Health Care Inc., is the decision of a single hearing officer, not the full commission, but it provides insight into the agency’s thinking.

Cecelia Carta was the admissions coordinator for Wingate Healthcare. During 2010, she was off work for health reasons for one week in August and then from September to December. She returned to work part-time Dec. 6, working four hours a day, initially three days a week and later four days a week. On May 12, 2011, Wingate terminated Carta’s employment, telling her that the company needed a full-time admissions coordinator.

They asked her stay in touch and suggested she apply for her old job if and when she could return to full-time work. But they had not warned her (or, rather, presented no evidence that they had warned her) that unless she returned to full time she would be let go. This was an important omission.

Perhaps the HR people were worried that if they told Carta that the company really needed a full-time admissions coordinator as opposed to a part-time one, their words could be construed as in some way discriminatory. Whatever their reason, the lack of notice carried a price tag of $25,000.

The hearing officer did not order Wingate to pay lost wages because Carta had received $116,000 in workers compensation and $181,000 from two injury-related lawsuits. But Carta was entitled to $25,000 for the emotional distress of being terminated without having been warned that her employer would like her to resume work on a full-time basis some time in the not too distant future.

Why did Wingate terminate Carta? The company’s decision-makers seem to have thought that the medical documentation put them on solid ground. After all, at the end of April, Carta’s primary care physician had cleared her to return to full-time work “from a medical perspective.” The doctor deferred to her orthopedic surgeon for orthopedic clearance, and the May 10 orthopedic opinion stated no date for a return to full-time work.

After accommodating the disability for five months, and with no medical opinion showing that Carta could ever return to full-time work, plus the knowledge that Massachusetts anti-discrimination law does not require an employer to keep a disabled employee’s job open indefinitely, Wingate’s decision seems reasonable. But the hearing officer deemed the termination precipitate.

How long should Wingate have continued to employ Carta part-time? According to the MCAD:

“At the very least, [Carta] should have been permitted to complete her physical therapy over the course of the next month, and if then there was no definitive prognosis for improvement, and no anticipated return to full duty, [Wingate’s] obligation to continue providing an accommodation in the form of a part-time schedule would likely have ceased.”

Terminating Carta in the month of May rather than waiting until June cost Wingate $25,000.

State Auditor’s Report

Just before the Fourth of July holiday, the state auditor published an official report on the MCAD. In addition to noting the commission’s four-year backlog and revealing the usual, garden-variety problems that bedevil state agencies (e.g. mismanagement, inefficiency, and poor book-keeping) it confirms a long-harbored suspicion: The MCAD asserts jurisdiction where it has none.

The statute that governs the MCAD clearly states: “Any complaint filed pursuant to this section must be so filed within 300 days after the alleged act of discrimination.” Nevertheless, the state auditor’s report reveals that in the three-year period of the audit (2012-2015) the MCAD processed more than 100 cases where it lacked subject matter jurisdiction because the applicable statute of limitations had run its course:

“[D]uring our audit period, MCAD accepted 123 complaints beyond the 300-day timeframe for complainants to file their complaints. MCAD regulations allow for this 300-day timeframe to be extended under certain conditions, but there was no documentation in the case files to substantiate that any of these complaints met those conditions.”

Out of curiosity I asked the state auditor’s office how they determined this fact. It turns out they simply had to review the data in the MCAD’s case-management system. Perhaps if the MCAD confined itself to cases over which it does have jurisdiction, it would not have a four-year backlog. In any event, employers charged with discrimination should check the calendar and take steps to preserve their objections on the grounds of late filing. Having the case dismissed on jurisdictional grounds may offer little consolation if the dismissal only occurs after four years of investigation.

Act Relative to Transgender Discrimination

This is the statute that opponents dubbed the Bathroom Bill. After much brouhaha, the Legislature passed it and Gov. Baker signed it into law. It provides:

“An owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, resort, or amusement that lawfully segregates or separates access to such place of public accommodation, or a portion of such place of public accommodation, based on a person’s sex shall grant all persons admission to, and the full enjoyment of, such place of public accommodation or portion thereof consistent with the person’s gender identity” (emphasis added).

So what exactly is gender identity? The statute defines it as follows: “‘Gender identity’ shall mean a person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth.”

Perhaps aware that the foregoing does little more than restate the term “gender identity” rather than actually defining it, and mindful of the potentially ticklish nature of proving any given individual’s gender identity, the Legislature chose to delegate the task of crafting evidentiary standards to a state agency. It selected one with an imaginative and expansive approach to statutory definitions, namely the MCAD. The report is due Sept. 1.

Pay Equity Act

Together with the Act Relative to Transgender Discrimination, the Legislature enacted the Pay Equity Act, which prohibits employers from discriminating upon the basis of gender. The previous statute declared that “no employer shall discriminate in any way in the payment of wages as between the sexes.” The new version provides: “No employer shall discriminate in any way on the basis of gender in the payment of wages.” So out with ‘sex’ and in with ‘gender.’

But isn’t gender the same as sex? No, not any more (see below).

As well as differing from the old equal-pay statute, the new law also differs from the Fair Employment Practices Act (Chapter 151B). Unlike employees bringing complaints under Chapter 151B, employees who wish to charge their employers with violations of the pay-equity statute will not have to start at the MCAD. They can go straight to court. Another novelty is that the new law encourages employers to conduct regular reviews of their pay practices.

If an employee sues, and the employer can show that it undertook a good faith self-evaluation of pay practices within the preceding three years (and made progress in remedying any discrepancies) it will have an affirmative defense. With an affirmative defense, the burden is on the party raising it, i.e. the employer. So with an eye to future lawsuits, employers may wish to keep in mind the need for persuasive evidence sufficient to prove that the good-faith evaluation took place.

But what exactly does the law prohibit? It forbids pay discrimination on the basis of gender, a word the Legislature chose not to define and whose legal meaning has changed over the past 20 years.

In 1996 the United States Court of Appeals for the Fourth Circuit was saying nothing controversial, let alone heretical, when it held that in Title VII cases the words ‘sex’ and ‘gender’ were interchangeable. Although the court observed that “some academic writers” were asserting “that ‘gender’ connotes cultural or attitudinal characteristics distinctive to the sexes, as opposed to their physical characteristics” and that the distinction might be useful “for some purposes,” it decided to stick with the practice of treating ‘gender’ as a synonym for ‘biological sex.’

A dozen years later, the Court of Appeals for the Third Circuit took a more flexible approach, noting that “gender, to some people, is a fluid concept.” After acknowledging that gender is “rooted in science and means sex — male or female — based on biology (chromosomes, genitalia)” the court noted that “the usage of the word is changing in some circles as a result of social and ideological movements that find the scientific meaning to be unsatisfactory or not sufficiently inclusive.” That usage is catching on.

Last year, Judge Mastroianni of the United States District Court for the District of Massachusetts stated that the statutory prohibition against discrimination “on the basis of sex” prohibits discrimination not only on the basis of “biological sex” but also on the basis of a “gender identity.”

As authority for this proposition he cited a First Circuit Court of Appeals decision from 2002 and a Supreme Court decision from 1989 that used the words ‘sex’ and ‘gender’ as synonyms, concluding that by using the words interchangeably those courts had interpreted ‘sex’ to encompass ‘gender identity.’ Of course, using the words interchangeably had led the Fourth Circuit to precisely the opposite conclusion, i.e. that the word ‘gender’ had its scientific meaning, namely biological sex. But that was way, way back in 1996.

Nowadays law must pay less heed to science, with its pettifogging attention to such trifles as chromosomes and genitalia, and more to the “social and ideological movements” that deem the scientific terminology “not sufficiently inclusive.” Therefore, so far as the judges are concerned, if a statute says that it prohibits discrimination on the basis of sex (a matter of biology) what the statute really prohibits is discrimination on the basis of gender (a matter of identity).

And what of a pay-equity statute prohibiting discrimination on the basis of gender (not sex); what does it forbid? We shall have to wait and see.

Peter Vickery practices employment law in Amherst; (413) 549-9933.

Employment Sections

Sexual Harassment in the Workplace

By Karina L. Schrengohst Esq.

Karina L. Schrengohst

Karina L. Schrengohst

“I think you and I should have had a sexual relationship a long time ago . . . sometimes problems are easier to solve” that way.  This statement is one of several sexually charged statements former Fox News host, Gretchen Carlson alleges were made by former chairman and CEO of Fox News, Roger Ailes.  Carlson claims, among other things, that she was subjected to sex discrimination and sexual harassment in the workplace. In addition, she alleges that her employment with Fox News was terminated after she reported this discrimination and harassment and rejected Ailes’ sexual advances.

Carlson’s lawsuit illustrates the two different ways sexual harassment claims arise. Most commonly, sexual harassment claims are based on hostile-work-environment harassment, which happens when sexual advances, comments, or conduct are severe and pervasive enough to interfere with an employee’s work environment and work performance.

Carlson claims that her co-host created a hostile work environment by treating her in a sexist and condescending way, shushing her, mocking her, shunning her, refusing to engage with her, and belittling her contributions. According to Carlson, after reporting this conduct to Ailes, he called her a “man hater” and “killer” and told her she needed to learn to “get along with the boys.”

Carlson also claims that Ailes ogled her and made comments about her body, including asking her to turn around so he could view her posterior, commented on certain outfits enhancing her figure, and commenting on her legs. In addition, this case illustrates quid pro quo sexual harassment, which occurs when something — a raise or promotion, for example — is promised in exchange for sexual favors or when an employee is fired for saying no to sexual advances.

According to Carlson, Ailes made it clear to her that the problems she was having at work would not have existed and could be solved if she had a sexual relationship with him.

Sex discrimination and sexual harassment is prohibited in the workplace by state and federal law. As such, employers have an obligation to take reasonable steps to prevent sexual harassment before it arises and to create a harassment-free workplace.

The first step employers can take toward prevention is creating and implementing a comprehensive written policy prohibiting sexual harassment, which has a procedure for reporting harassment. The proliferation of electronic devices and social media adds a layer of complication that did not previously exist in the workplace. As employees increasingly communicate electronically and via social media sites, there are even more opportunities for problems to arise — and to arise outside of the line of sight of supervisors.

This means that an employer’s policies should consider how harassment can arise in this context.

The next step employers can take toward eliminating sexual harassment in the workplace is ensuring that their policies are effective in practice. It is critical to communicate with employees about anti-discrimination and anti-harassment policies to ensure employees understand the company’s policies. In addition, employers should regularly train employees with supervisory roles to make certain they understand their obligations and know how to recognize and report sexual harassment when it arises.

This is particularly important because supervisors are a company’s first line of defense. What they do (or do not do) can prevent (or create) a problem. Providing the proper training to supervisors can help shield the company from costly and time-consuming employment litigation claims. Further, employers should establish an investigative process to promptly and consistently handle all complaints of discrimination and harassment. Any allegation of sexual harassment must be treated seriously, documented, and investigated in a timely manner. Finally, employers should take appropriate corrective action, as necessary.

Although in this instance Fox News has lucked out, that is not usually the case and employers typically find themselves named as a party. Employers would be wise to take proactive, preventative steps to eliminate workplace discrimination and harassment, which in turn helps to reduce the risk of liability when faced with a sexual harassment lawsuit.

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

Daily News

SPRINGFIELD — Two Sullivan Hayes & Quinn, LLC attorneys have been named Lawyer of the Year for 2017 by The Best Lawyers In America. Selection, which is based on professional evaluations by other attorneys, honors only one attorney in each professional practice area and community.

Meghan Sullivan is Lawyer of the Year for Labor Law – Management, the fifth year in the past six years that she has been selected for that honor. Gordon Quinn was honored for Litigation – Labor and Employment.

Additionally, Sullivan’s accomplishments for clients resulted in her being named to The Best Lawyers in America for Employment Law – Management and Labor Law – Management and Litigation – Labor and Employment. Quinn was selected by The Best Lawyers in America for his work in Employment Law – Management and Labor Law – Management, and Litigation – Labor and Employment.

Again named to The Best Lawyers In America was Fred Sullivan, who has now been included for more than 20 consecutive years.  He was named for his work in Employment Law – Management and for Labor Law – Management.

Sullivan Hayes & Quinn represents employers in a variety of Western Mass. industries and throughout the Northeast in employment- and labor-law issues.

Daily News

SPRINGFIELD — Congressman Richard E. Neal and Mayor Domenic J. Sarno announced Thursday that the city of Springfield has received a grant from the United States Department of Justice (DOJ) in the amount of $147, 456 to expand communications and technology at the Springfield Police Department, and to increase officer safety and efficiency. The funds were awarded through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program, the primary provider of federal criminal justice assistance to state and local governments. The JAG funds support for a range of program areas, including law enforcement, drug treatment, victim and witness initiatives, and technology improvement programs.

“This important crime-prevention assistance for the city is timely and needed. I have always said the men and women of the Springfield Police Department deserve the appropriate amount of local, state, and federal resources they need to do their jobs effectively. Each day they put their lives at risk to protect families and keep our community safe. With these additional funds, they will be able to continue to do their vital and courageous work on the streets of Springfield.  In my opinion, Mayor Sarno and Commissioner Barbieri deserve great credit for their efforts to secure this highly competitive grant,” said Neal.

Said Sarno, “Police Commissioner John Barbieri is always looking to do cutting edge innovative technology initiatives which in turn will continue to enhance the public safety of each and every one of our residents in the City of Springfield. These funds will assist with improving the technology needed to make the Springfield Police Department more efficient and effective in serving the residents of our fine city.”

According to the DOJ, the Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government to prevent and control crime based on their own state and local needs and conditions. Grant funds can used for state and local initiatives , technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following areas:

  • Law enforcement programs;
  • Prosecution and court programs;
  • Prevention and education programs;
  • Corrections and community corrections programs;
  • Drug treatment and enforcement programs;
  • Planning, evaluation, and technology improvement programs; and
  • Crime victim and witness programs (other than compensation).

The Springfield Police Department will use the award funds to support information technology upgrades and purchase protective equipment. The goals of this project are to increase organizational capacity and communications, and enhance officer safety. The use of this federal assistance meets unfunded needs and expands communications and technology capacity and increases officer safety and efficiency.

Daily News

SPRINGFIELD — Robinson Donovan, P.C., a full-service law firm based in Springfield, announced that seven attorneys were honored by The Best Lawyers in America© for 2017. They are:

 

  • Attorney Jeffrey Roberts, managing partner at the firm, in the practice area of corporate law and trust and estates. Roberts graduated from Colgate University (Bachelor of Arts, 1968) and Georgetown University (Juris Doctor, 1974).
  • Attorney Jeffrey L. McCormick, a partner at the firm, in the practice areas of personal injury litigation — defendants and personal injury litigation — plaintiffs. He graduated from the University of Massachusetts (Bachelor of Arts, 1970 and Master of Education, 1971) and Seton Hall University (Juris Doctor, 1975).
  • Attorney James F. Martin, a partner at the firm, in the practice areas of franchise law and real estate law. Martin attended Georgetown University (Bachelor of Arts, 1975 and Juris Doctor, 1978).
  • Attorney Nancy Frankel Pelletier, a partner at the firm, in the practice area of personal injury litigation — defendants. Notably, she was named a 2017 Best Lawyers in America© Lawyer of the Year, for her practice of personal injury litigation in Springfield. Pelletier is a graduate of Boston College (Bachelor of Arts, 1981) and George Washington University (Juris Doctor, 1984).
  • Attorney Patricia M. Rapinchuk, a partner at the firm, for her practice in employment law and management in Springfield. She graduated from Mount Holyoke College (Bachelor of Arts, 1979) and the University of Connecticut (Juris Doctor, 1989).
  • Attorney Carla W. Newton, a partner at the firm, in the practice area of family law. Newton is a graduate of Lesley College (Bachelor of Arts, 1972), Suffolk University (Juris Doctor, 1980) and Boston University (Master of Laws, 1990).
  • Attorney Richard M. Gaberman, of Counsel for Robinson Donovan, P.C., in the practice areas of corporate law, real estate law, tax law and trusts and estates. He is a graduate of the University of Massachusetts (Bachelor of Business Administration, 1960), Boston College (Bachelor of Laws, 1963) and Boston University (Master of Laws in Taxation, 1968).

 

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers is based on an exhaustive peer-review survey. Over 79,000 leading attorneys are eligible to vote and more than 12 million votes have been received to date on the legal abilities of lawyers in their practice areas. Lawyers are not required or allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

Daily News

SPRINGFIELD — Keith Minoff was recently selected by his peers for inclusion in the 2017 Edition of The Best Lawyers in America in the areas of commercial litigation and corporate law.

Minoff represents businesses and individuals throughout Western Massachusetts in the areas of business litigation and employment law.

He received his law degree with honors from George Washington University in 1983 and has been a practicing attorney for more than 30 years.

Minoff maintains a law office in downtown Springfield.

Daily News

SPRINGFIELD Fourteen lawyers from area law firm Bulkley Richardson were recently selected by their peers for inclusion in The Best Lawyers in America® 2017.

Bulkley Richardson had the most honorees of any law firm in Springfield, with 12 of its 14 selected lawyers based in its Springfield office.

Three of the firm’s honorees were also named Springfield “Lawyer of the Year” in specific practice areas:

 

  • William E. Hart was named the Best Lawyers® 2017 Springfield Trusts and Estates “Lawyer of the Year”;
  • John P. Pucci was named the Best Lawyers® 2017 Springfield Criminal Defense (White-Collar) “Lawyer of the Year.” Pucci was also recognized in the area of Criminal Defense (General Practice); and
  • Ellen M. Randle was named the Best Lawyers® 2017 Springfield Family Law “Lawyer of the Year.”

 

The following Bulkley Richardson lawyers were also selected for the 2017 edition of Best Lawyers®:

  • Peter H. Barry — Construction Law;
  • Michael H. Burke — Medical Malpractice Law (Defendants); Personal Injury Litigation (Defendants);
  • Mark D. Cress — Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law; Corporate Law;
  • Francis D. Dibble, Jr. — Bet-the-Company Litigation; Commercial Litigation; Criminal Defense (White-Collar); Litigation (Antitrust, Labor and Employment, Securities);
  • Daniel J. Finnegan — Administrative/Regulatory Law; Litigation (Construction);
  • Robert A. Gelinas — Personal Injury Litigation (Defendants);
  • Kevin C. Maynard — Commercial Litigation; Litigation (Banking and Finance, Construction);
  • David A. Parke — Corporate Law;
  • Melinda M. Phelps — Medical Malpractice Law (Defendants); Personal Injury Litigation (Defendants);
  • Donn A. Randall — Commercial Litigation;
  • Ronald P. Weiss — Corporate Law; Mergers and Acquisitions Law; Tax Law

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. For the 2017 edition of The Best Lawyers in America®, 6.7 million votes were analyzed, which resulted in more than 55,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.

Daily News

Link to Libraries Inc. announced the addition of new members to its executive board:

  • Gail Baquis is a graduate of the University of Maine with a degree in journalism. She has been a volunteer with Link to Libraries since its inception in 2008 and has been the project director for the LTL Read Aloud programs and the RAP – Reading Any Place for Homeless Youth program.
  • Tammy Trudeau is a graduate of University of Massachusetts. She has been involved with numerous fund raising events for Link to Libraries and other local organizations.
  • Kelly Dawson, CPA, Audit Manager for Meyers Brothers Kalicka, P. C. She received her Bachelor of Science in Biology from Massachusetts Institute of Technology. She also holds a Master of Business Administration from the University of Massachusetts. Her professional affiliations include the American Institute of Certified Public Accountants and Massachusetts Society of Certified Public Accountants.
  • Amy Scott is the founder of the marketing firm Wild Apple Design Group in Wilbraham and is best know for website design success in non-profit, education and for profit sectors. She is a BusinessWest Forty Under 40 Alum.
  • Laura McCarthy, Attorney is an associate at Bacon Wilson, P. C. where she practices bankruptcy, corporate law, commercial and residential real estate and other transactional matters. She is a graduate of Boston University School of Law.
  • Dr. Jennifer Stratton has been teaching students from the kindergarten to graduate level for more than 15 years. She is certified as a reading specialist and holds a doctoral degree from AIC in education. In addition to teaching, Jen hosts a blog (JenStratton.com) where she shares the sports stories of athletes who play adaptive sports and authors children’s books about Paralympians.
Daily News

SPRINGFIELD — Bacon Wilson announced that four partners have been selected by their peers for inclusion in The Best Lawyers in America© 2017.

Michael Katz was selected for bankruptcy and reorganization, Paul Rothschild for plaintiff’s litigation, Jeffrey Fialky for commercial and finance, and Stephen Krevalin received the honor for family law for the fifth consecutive year.

The Best Lawyers in America© is a peer-review publication which has earned the respect of the legal profession, the media, and the public since its first publication in 1983. Best Lawyers® compiles data from tens of thousands of confidential surveys completed by leading attorneys. There is no opportunity to pay for a listing and as such, inclusion in Best Lawyers® is a unique honor.

Founded in 1895, Bacon Wilson, P.C. is one of the largest firms in the Pioneer Valley, with 42 lawyers, and approximately 60 paralegals, administrative assistants, and support staff. The firm’s offices are located in Springfield, Amherst, Northampton, and Westfield.

Daily News

Hampden County District Attorney Anthony Gulluni will today distribute Forfeiture Funds for Community Safety to a host of area nonprofits.

The Forfeiture Funds for Community Safety is an effort to create safer communities by distributing money collected by the Hampden District Attorney’s Office, through forfeiture proceedings. Eligible recipients are qualified non-profit organizations focused on the District Attorney’s priorities of crime intervention and prevention.

Massachusetts General Law Chapter 94C § 47 (d) authorizes the District Attorney to expend forfeiture monies for such programs that further law enforcement purposes. Through this program the District Attorney hopes to assist organizations in their attempts to create safer community environments. It is the partnership of community organizations and law enforcement that fosters trust and cooperation among citizens.

“Giving kids productive and healthy outlets is key to leading them towards a bright future,” said Gulluni. “We’re providing a total of $65,000 in grants to these very worthy organizations to assist them in their work with kids. Together, we can nurture healthy children and create safer communities.”

This year’s recipients are: Boys and Girls Club Family Center; Springfield Housing Associates Inc.; Officials Boxing Club; YMCA Summer Camp at Camp Weber; South End Community Center; BOKS; 5A Bulldogs Football Assoc.; Black Men of Greater Springfield; and Big Brothers Big Sisters

Daily News

SPRINGFIELD — Skoler, Abbott & Presser, P.C., a labor and employment law firm serving employers in the greater Springfield area, today announced that four attorneys were honored by The Best Lawyers in America© for 2017:

  • Ralph F. Abbott Jr. was listed in Best Lawyers in the categories of arbitration, employment law — management, labor law — management, and mediation. 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). Abbott also has numerous credits as an author, editor, and teacher, and a record of civic and community involvement. He has been selected by his peers for inclusion in Best Lawyers consecutively, since 1989.
  • Jay M. Presser, was listed in Best Lawyers in the categories of employment law — management, labor law — management, and litigation — labor and employment 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. He has been selected by his peers for inclusion in Best Lawyers every year since 1991.
  • John H. Glenn was listed in Best Lawyers in the categories of arbitration, employment law — management, and labor law — management. He has been a partner of the firm since 1979 and spent his career representing management in labor relations and employment-related matters. In addition to providing employment-related advice to employers, he assists clients in remaining union-free and represents employers before the National Labor Relations Board (NLRB). He has extensive experience negotiating collective bargaining agreements, representing employers at arbitration hearings and before state and federal agencies. Prior to joining Skoler, Abbott & Presser, Glenn was employed by the National Labor Relations Board in Cincinnati, Ohio. He has served as an adjunct professor of labor law at Western New England University School of Law and is a member of the American Academy of Hospital Attorneys. He has been selected by his peers for inclusion in Best Lawyers repeatedly, since 1995.
  • Timothy F. Murphy was listed in Best Lawyers in the categories of employment law — management, labor law — management, and litigation — labor and employment. A partner in the firm, Murphy joined Skoler, Abbott & Presser after serving as general counsel to an area labor union and serving as an assistant district attorney for the Hampden County District Attorney’s Office. His practice includes labor relations and employment litigation, as well as employment counseling. A native of the Springfield area, Murphy is a graduate of the Western New England University School of Law. He is a frequent contributor to business and human resource publications and a contributing author to the Massachusetts Employment Law Letter. He has been selected by his peers and listed by Best Lawyers every year since 2013, and was named the Best Lawyers 2015 labor and employment law “Lawyer of the Year” in Springfield.

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers is based on an exhaustive peer-review survey. Over 79,000 leading attorneys have cast more than 12 million votes to date on the legal abilities of other lawyers in their practice areas. Lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

Daily News

SPRINGFIELD — Skoler, Abbott & Presser, P.C. announced that attorney Kimberly Klimczuk is among only 50 women throughout the Commonwealth named among the 2016 Top Women of Law by Massachusetts Lawyers Weekly.

The Top Women of Law program showcases women who are shining stars across numerous legal fields. This list of elite legal female professionals will be honored at a dinner program sponsored by Massachusetts Lawyers Weekly, planned for Oct. 27 at the Marriott Copley Hotel in Boston.

“I know that Massachusetts Lawyers Weekly has a long-standing tradition of recognizing pioneers in the legal field,” Klimczuk said. “I am honored to be included in this group of talented women lawyers throughout Massachusetts.”

Klimczuk joined Skoler, Abbott & Presser, P.C. in 2004 and concentrates her practice in labor law and employment litigation. She became a partner with the firm in 2011. She graduated from the University of Pennsylvania and received her juris doctor from Duke University School of Law. Her experience includes negotiating collective bargaining agreements and advising on contract interpretation and successfully defending clients in state and federal court and before administrative agencies in a variety of areas of employment law, including wage-and-hour law, discrimination, harassment, wrongful discharge, and breach of contract.

In addition, she has assisted employers in compliance matters involving the Office of Federal Contract Compliance Programs, and drafted numerous affirmative-action plans for them. She is a frequent speaker for a wide variety of associations and organizations and, as a resident of Springfield, is an active member of the Western Mass. community.

Daily News

SPRINGFIELD — Robinson Donovan, P.C. announced that partner Nancy Frankel Pelletier will be honored among the 2016 Top Women of Law by Massachusetts Lawyers Weekly.

This honor is awarded to only 50 women attorneys annually throughout the Commonwealth. It recognizes and celebrates outstanding achievements made by exceptional female lawyers. The 2016 honorees will be recognized at a dinner program on Oct. 27 at the Marriott Copley Place Hotel in Boston.

“When I look at the list of honorees this year, I see a group of women who are without-a-doubt trailblazers in the legal field,” Pelletier said. “I am thankful to be included among so many influential legal experts, and I want to extend my congratulations to each of them.”

Pelletier exclusively practices litigation. She has no fear of taking a case to trial; however, she recognizes when it is not in the best interest of her clients, and she is equally talented at resolving conflicts outside of the courtroom expeditiously and economically. Her reputation as a litigator reaches well beyond Springfield, with a practice area extending from the Berkshires to Boston in both state and federal courts. She has also been admitted to the Hampden County Bar Assoc., the Women’s Bar Assoc. of Massachusetts, and the Federal Bar Assoc.

Pelletier is a fellow at the International Association of Defense Council and a life fellow of the Massachusetts Bar Foundation. Other professional affiliations include membership to the Massachusetts Defense Lawyers Assoc., the Defense Research Institute, and civic involvement at George Washington University and East Longmeadow High School, where she provides mentoring and career job-shadowing opportunities for students.

A complete list of 2016 Top Women of Law nominees can be found online at masslawyersweekly.com.

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

Dorothy Devins v. New England Orthopedic Surgeons Inc. and Jason Asselin
Allegations: Negligent supervision leading to assault, battery, and intentional infliction of emotional distress: excess of $25,000
Filed: 03/28/16

Clines M. Cobham v. Walgreen Eastern Co. Inc. and John Doe
Allegations: Pharmacy negligence resulting in permanent disability: $47,422
Filed: 03/31/16

Luis Astacio v. Ryder Truck Rental Inc.
Allegations: Negligent removal of snow and ice causing personal injury: $392,600.44
Filed: 02/04/16

Oregon Bennett v. City of Springfield
Allegations: Unsafe operations of a dump truck leading to injury: $29,373.89
Filed: 02/08/16

Mary Jane LaPlante v. Longmeadow Mall Limited Partnership, Thomas P. Ryland Co., and CGI Management Inc.
Allegations: Negligence leading to personal injury: $27,424.80
Filed: 06/06/16

Kevin Jarvi v. Tapco International, using the assumed name The Tapco Group, and Headwaters Inc.
Allegations: Breach of contract/nonpayment of wages: $67,603.44
Filed: 05/26/16

Hampshire Superior Court

Haibin Dong v. Djata Bumpus, d/b/a Pioneer Valley Boxing Assoc.
Allegation: Negligent supervision of an instructor resulting in personal injury: $14,925.44
Filed: 07/01/16

Theresa Everett and Alan Everett v. Betsy Green, NP, Gerri Lynn Smith, NP, Edward Patton, MD, and Valley Medical Group, P.C.
Allegation: Negligent treatment resulting in severe personal injury: greater than $25,000
Filed: 07/06/16

Miya Lindley, by and through her parent and next friend, Marcey Lindley v. McCray’s Country Creamery Inc.
Allegation: Negligent supervision of performers resulting in personal injury: $41,133+

Northampton District Court

Kathleen Schwarzer v. Radiance Home Health Care Inc. and Susan Muriru
Allegation: Failure to pay wages: Unknown amount under $25,000
Filed: 05/31/16

Marilyn Rivera v. Stop & Shop Store No. 100787
Allegation: Negligent removal of snow and ice resulting in slip and fall: $2,966
Filed: 07/05/16

Jarrod Fowler v. Anthony Wheeler and Richard J. Quintal Jr. d/b/a Quintal Brothers Wholesale Fruit and Produce
Allegation: Negligent operation of a motor vehicle resulting in injury: $3,987.30
Filed: 07/26/16

Springfield District Court

Sypek Electrical Services Inc. v. Bharat Oza, Ritz Management Group, LLC, and Shreeji Properties, LLC
Allegations: Breach of contract, nonpayment for services rendered: $9,453.75
Filed: 06/21/16

Westfield District Court

US Music Corp., USA a division of JAM Industries LTD. a/k/a/ American Music & Sound, LLC v. Paper City Music Shop Inc., and Jose F. Dias
Allegation: Breach of contract, failure to pay for goods: $23,350.96
Filed: 07/01/2016

Jean Graziano v. Streamfield, LLC, Ronald J. Abdow, George T. Abdow Jr., PRPC Inc. and Wakefern Food Corp.
Allegation: Negligence resulting in personal injury: $8,969.97
Filed: 07/08/2016

Opinion

Opinion

By Brad MacDougall

The compromise pay-equity bill passed by the Massachusetts Legislature and signed into law by Gov. Charlie Baker will require changes in the way employers do business. The law takes effect July 1, 2018.

The bill bars employers from discriminating based on gender when it comes to wages and other compensation, unless the variation is based upon a mitigating factor like seniority, performance, or skills. Passage of the bill followed weeks of intensive negotiations among House leaders, Attorney General Maura Healey, and the Associated Industries of Massachusetts (AIM), which opposed previous versions of the measure that would have limited the ability of employers to attract and retain skilled employees.

Here is a summary of what employers need to know about the measure:

• The law states that “no employer shall discriminate in any way on the basis of gender in the payment of wages, or pay any person in its employ a salary or wage rate less than the rates paid to its employees of a different gender for comparable work.” Wage differentials are permitted, however, based upon a system that rewards seniority with the employer; a merit system; a system that measures earnings by quantity or quality of production, sales, or revenue; the geographic location in which a job is performed; education, training, or experience to the extent such factors are reasonably related to the particular job in question; or travel, if the travel is a regular and necessary condition of the particular job.
• The law provides a three-year affirmative defense from liability to employers who conduct a self-evaluation of their pay practices in good faith and can demonstrate that reasonable progress has been made toward eliminating wage differentials based on gender for comparable work. The self-evaluation may be of the employer’s own design, so long as it is reasonable in detail and scope in light of the size of the employer, or may be consistent with standard templates or forms issued by the attorney general.
• The law affirms the ability of employers to protect the confidential information about employee wages should another employee seek that information.
• Employers are prohibited from asking job candidates about their salary history, although, if a prospective employee has voluntarily disclosed such information, a prospective employer may confirm prior wages or salary or permit a prospective employee to confirm prior wages or salary. Also, a prospective employer may seek or confirm a prospective employee’s wage or salary history after an offer of employment with compensation has been negotiated and made to the prospective employee.

Employers who currently ask about wage history on their job applications will likely have to update those documents. Lawyers who have reviewed the law suggest that companies might create a checkoff that would allow job seekers to acknowledge their willingness to voluntarily provide wage history.

The attorney general will develop regulations for the law that will answer many of the specific questions that employers are bound to have.

AIM continues to believe that the best long-term strategy to achieve pay equity in the workplace is to ensure that both women and men possess the education and skills that allow our enterprises to succeed an in increasingly complex global economy.

Brad MacDougal is vice president of Government Affairs at AIM. This article first appeared on the AIM blog; blog.aimnet.org

Law Sections

Priming the Pump

Summer Legal Institute

From left, Summer Legal Institute student Zachary Fernandes consults with MassMutual attorneys David Allen and Bernadette Harrigan.

Bullying and cyberbullying are pertinent issues for teens today, and this summer 40 students in the Summer Legal Institute at MassMutual played the role of an attorney and presented arguments for clients during a mock court trial. Some won awards, but they all gained valuable insights into the law as they worked with local attorneys and were given opportunities to hone their networking, critical-thinking, and public-speaking skills.

Nia Major used to get really nervous when she met someone new and had to talk with them.

But after completing a week-long Summer Legal Institute session (SLI) at MassMutual last month, the 15-year-old from Sabis International Charter School in Springfield gained so much confidence that she was named a grand-prize winner in an oral-argument competition, where she played the role of a lawyer in a mock case that involved name-calling and cyberbullying.

“Now I can look new people in the eye and discuss things,” she told BusinessWest, adding that she was surprised at how well she did in the competition.

Major’s opinion of careers in the law field also expanded as a result of her participation in SLI, and although she wants to become a pediatrician, she now finds the legal profession an appealing option.

The teen was one of 40 students recruited from local schools to take part in the program last month, which is in its fourth year.

Since its inception, MassMutual has provided more than $100,000 to fund the SLI, which is free to all students. In addition, its attorneys have given more than 250 hours of their time to educate participants about the legal profession and help them hone their arguments for the annual competition.

Major and three winning peers will travel to Washington, D.C. this fall to take part in a national program held by Just the Beginning Foundation (JTB), a nonprofit that offers students free educational programming in hopes of increasing diversity in the legal profession and inspiring underrepresented, underserved, and at-risk students to attend college.

Mark Roelling told BusinessWest he decided to establish the Springfield branch five years ago after he met with Judge Ann Williams from the Fifth Circuit Court of Appeals in Chicago during a meeting of the National Bar Assoc.

Roelling is executive vice president and chief legal counsel at MassMutual, and Williams told him about the JTB, which she helped create in response to a speech by former President Jimmy Carter that celebrated the integration of the federal judiciary. Its programming includes summer sessions where students work with volunteers from the legal community in partnership with a university to introduce them to the practice of law.

The discussion led to the birth of the five-day MassMutual Summer Legal Institute. JTB provides the curriculum, which changes annually, and Western New England University and local law firms and judges help the students learn valuable information about the profession.

“I believe this program adds value to the community because it provides opportunities for young adults to see the benefits of going to college as well as the benefits of pursuing a career in the legal profession,” Roelling said. “It also adds value to the legal profession because people of color are underrepresented in the field of law, and it’s good for the volunteers as it gives them the opportunity to give back.”

SLI is open to students who will be high-school freshmen, sophomores, juniors, or seniors, and so far, 125 students from schools with diverse backgrounds have participated in the local program: 51% have been African-American, 20% have been Hispanic, 16% have been white, 8% have been Asian/Pacific Islanders, and 5% have multiple ethnicities.

Multi-faceted Curriculum

MassMutual Assistant Vice President and Counselor Patrice Sayach said the five-day SLI curriculum is intense and requires students to work at home in the evenings.

This year it began on Monday, July 11, and during the morning, students were introduced to the legal system and learned about a Supreme Court decision before they were presented with a fictional case and the facts that went along with it.

oral-argument competition

Patrice Sabach (far left) and Mark Roellig (far right) congratulate Nia Major, Jada Ficarra, Karissa Coleman, and Jerry Moore III on winning the oral-argument competition.

The case was important because each student was assigned to serve as a defense or prosecuting attorney and had to craft convincing arguments that they presented at the end of the week before mock judges in an oral-argument competition.

MassMutual attorneys served as coaches and met with them in small groups to help them understand what facts were relevant and how and why they could be used in the courtroom.

“We showed them this is the kind of thing lawyers do on a day-to-day basis, that they need to understand the law and how it applies to world situations,” Sayach said.

After lunch, they met with a panel of MassMutual attorneys who talked about their backgrounds and allowed the students to ask questions.

Tuesday was spent at Western New England University, where members of the Law department taught the group networking skills that included how to give an elevator pitch, how to introduce oneself, how to enter and leave a group in an appropriate manner, and how to follow up with people they met. There was also a session on financial literacy that focused on the college-admissions process and financial-aid resources.

In addition, the students traveled to the Bulkley, Richardson and Gelinas, LLC law firm, had lunch with the attorneys, and took part in oral-argument reviews.

The day included a seminar on professional etiquette, and each student was given their own business cards, which they used later during a networking session with seven judges, attorneys from local law firms, and top MassMutual executives and lawyers.

“The idea is for the legal community to work together to form a pipeline of diverse candidates who are underrepresented in the legal profession,” Roellig explained.

Wednesday began at the state courthouse in Springfield, where students observed a legal proceeding that dealt with juvenile abuse, which was followed by a panel discussion with three judges, facilitated by MassMutual attorney Dorothy Varon.

In the afternoon, they visited the federal courthouse, where Judge Mark Mastroianni presided over a mock trial. The students had prepared for it in advance, and some students served as members of the jury, one acted as the bailiff, while others played the role of witnesses or were assigned to teams of mock attorneys.

Sayach noted that all members of the jury agreed that the defendant was guilty, except for one student who was able to convince his peers that reasonable doubt existed.

“The students took the case very seriously,” she told BusinessWest.

jury as a hypothetical case

Students act as members of the jury as a hypothetical case is tried before them.

The day ended with a presentation by a U.S. marshal and additional small-group oral-presentation preparations and reviews.

On Thursday, the students went to Hartford, Conn., where they continued to work on their final oral arguments. After lunch, they visited Day Pitney LLC, where they met with attorneys who helped them polish and perfect their presentations and told them about the schooling required to pursue a career in law.

The oral-argument competition was held Friday at WNEU School of Law in a mock courtroom, and MassMutual attorneys served as judges. After the competition, the students toured the law school and attended a negotiating session before being divided into pairs and given a problem to negotiate.

At the end of the day, a graduation ceremony was held, and awards were presented, including a trip that four students won to fly to Washington, D.C. and participate in a day-long JTB event that will include a tour of the Supreme Court, lunch with a Supreme Court justice, a visit to a local law firm where they will network with lawyers in the D.C. area, additional programming, and some sightseeing.

Life Lessons

BusinessWest recently met with the winners of the oral-argument competition, who had high praise for the program.

“It was fun,” said Karissa Coleman, an incoming 10th-grader at Springfield Central High School, who noted that, although she has always been interested in a law career, the program made it even more appealing.

“This helped me come out of my shell, and I found that oral arguments came naturally to me. I didn’t know how much work lawyers put in before they went to court, and I learned they really try to look for little details that can make a big difference to help their client,” said the 14-year-old. And although she called the experience in the courtroom “nerve-wracking,” her rebuttal was so refined, it helped her win the award.

Jada Ficarra, who will enter 10th grade next month at Sabis International Charter School in Springfield, enrolled in the program because she took part in a model Congress at her school and likes to debate issues.

“It taught me a lot about law. It’s really a broad field, and I found out there are many different careers in the field to choose from,” she said, noting that she talked to real-estate, divorce, and corporate attorneys, as well as some who specialize in litigation.

The teen hopes to get a summer job next year from contacts she made, and although she wants to become an obstetrician, a legal career has become her second choice.

Fourteen-year-old Jerry Moore III took part in the program with his sister Simone last year, and returned this year to get more experience.

“I hope to go to law school after college,” said the Hampden Charter School of Science student. “Litigation appeals to me; it’s really interesting, and it gives you a thrill to get all of the evidence, present it to the jury, and try to convince them that your side is right.”

He was nervous about the networking session, but the experience made him comfortable with it as well as with public speaking.

“I did a lot of work at home, refining my arguments, reading about the law, and researching what it says. It was hard, but it was also a lot of fun,” he reported, adding that, although the side of the case he had to argue was not the side he would have chosen on his own, it taught him that, “by preparing a good argument, it’s possible to win a case.”

Tinsae Erkailo took part in the program two years ago. He won the annual trip to Washington D.C. and is working as an intern at MassMutual this summer.

The 17-year-old moved to the U.S. from South Africa several years ago and said he never would have had the opportunity to meet lawyers in top law firms and make contacts that may help him get into Stanford University if he hadn’t participated in the Summer Legal Institute.

“The program made me realize that I needed to become a good speaker so I can get across what I want to say,” said the incoming senior at Springfield Renaissance School, adding that honing that skill helped him secure his current internship.

“The program also helps people identify careers they want to pursue,” he added. “Right now I am exploring what I want to do in the future, but confidence is really important no matter what you choose.”

Sayach agreed. “Students in the program improve their critical thinking, public-speaking, and networking skills, which will help them to become successful in any profession they choose to enter.”

Law Sections

The ‘Tuition Claw Back’

By L. Alexandra Hogan, Esq.

L. Alexandra Hogan

L. Alexandra Hogan

If you find yourself financially struggling while you are paying for your child’s college education, filing for bankruptcy protection may have a greater impact than you might expect. The concern is a newer trend that may be employed by bankruptcy trustees called the ‘tuition claw back.’

The tuition-claw-back scenario looks something like this: you have an adult child in college, and you have paid some or all of your child’s tuition and other costs and expenses for a few years.  As time passes, you find yourself struggling financially because you have accrued a great deal of unsecured credit-card debt trying to make ends meet. You file for Chapter 7 bankruptcy protection to discharge your credit-card debt. As a bankruptcy debtor, your financial transactions within the recent years become a matter of public record, and the bankruptcy trustee appointed to administer your case learns that you have been paying tuition and related college costs, but not other creditors.

The trustee files a lawsuit against your child’s college demanding that the payments made over the last few years be returned to the bankruptcy estate to be distributed to creditors of the bankruptcy estate in accordance with the priority prescribed by the Bankruptcy Code. Your child still has one year of college left.

Concerns immediately come to your mind as a parent. Will the college allow your child to finish college if the college must pay the bankruptcy estate the tuition and cost payments it previously received? Will the college sue your child for the tuition and costs?

The concept of a tuition claw back is quite alarming and worthy of serious consideration if you are contemplating bankruptcy and have paid college tuition for a child in the past few years. This certainly does not seem fair to the innocent child or college.

While some commentators are critical of the seemingly unsavory actions of the bankruptcy trustee, the reality is that the bankruptcy trustee is required by law to pursue transfers that may result in recovery of assets for the benefit creditors of the bankruptcy estate. The public-policy argument in support of the tuition claw back is that it would be unfair for the adult child’s college to receive the parent’s payments to the detriment of the parent’s creditors, given that the parent is not legally obligated to pay for the child’s college and the parent does not receive any benefit from the child’s education.

The next logical question is, what is the legal basis of the tuition claw back? The theory is based upon a state’s ‘fraudulent transfer’ laws, utilized in conjunction with the Bankruptcy Code to avoid the monetary transfers and recover them for the bankruptcy estate.

The word ‘fraudulent’ can be a bit of a misnomer. Clearly, the parent in this scenario is simply attempting to act in the best interest of the child and not to defraud anyone. Nevertheless, when a debtor has transferred money at a time when the debtor is financially insolvent, or rendered insolvent as a result of the transfer, and the debtor has not received consideration for the transfer — as an example, reasonably equivalent value in the form of a personal benefit — the transfer falls under the scope of the statute and has been called ‘constructive fraud.’

Under the Massachusetts fraudulent-transfer laws, the trustee may avoid and recover transfers going back four years from the date of the bankruptcy filing. This could amount to significant recovery for the bankruptcy estate’s creditors.

Currently, the issues presented here have not been reported in any published decisions in Massachusetts. However, there is at least one case pending in Massachusetts against Sacred Heart University, and several other claims have been made by trustees but ended in a settlement prior to trial. There are numerous reported decisions from other states’ bankruptcy courts. However, there is a split in authority as to whether tuition payments may be avoided and recovered on the basis of non-economic consideration. For example, might love and affection or family obligation satisfy the consideration issue?

The question as to what constitutes ‘reasonable equivalent value’ has been the focus of these cases. In Pennsylvania, two bankruptcy courts have ruled that non-economic benefits are satisfactory consideration, and therefore the trustees could not recover the payments. In one case, the court held that payments were “reasonable and necessary for the maintenance of the debtor’s family.”

In the other case, the court held that the “payments were made out of a reasonable sense of parental obligation,” noting that “there is something of a societal expectation that parents will assist with such expense if they are able to do so.” Conversely, in Michigan, a court noted that the parents had no legal obligation to provide their adult child with a college education and allowed the trustee to recover the college payments because any value received by the parents must be a concrete and quantifiable economic benefit.

Many trustees, lawyers, debtors, and colleges are eagerly awaiting a Massachusetts bankruptcy-court decision to settle the law in Massachusetts and provide guidance. Until then, suffice it to say, those who find themselves in a similar situation should discuss the matter with qualified bankruptcy counsel, as strategic options or defenses may be available. u

Attorney L. Alexandra (Alex) Hogan is an associate with the Springfield-based firm Shatz, Schwartz and Fentin, P.C., and concentrates her practice primarily in business, litigation, and bankruptcy law;  (413) 737-1131; [email protected]

Sections Technology

Code Talkers

Blair Winans, president of Rhyme Digital

Blair Winans, president of Rhyme Digital

Blair Winans had forged a successful small business in website development when a larger company from across the state came calling. The acquisition that ensued brought more frustration than growth, and lasted just over a year. But it did generate lessons for Winans and his team, who regrouped in Easthampton, rebranded as Rhyme Digital, and refocused their efforts on not just designing websites, but helping clients understand how to get the biggest marketing bang for their money and time.

Blair Winans’ professional journey has weathered a few bumps. But those bumps have been valuable, he said, by teaching him what he and his Easthampton-based company, Rhyme Digital, do best.

When he launched his website-design firm in 2005, it was known as Winans Creative, and over the next several years, he built up a cadre of loyal clients and a small staff. Things were on the right track — he assumed.

That all changed three years ago, however, when Winans was approached by HB Agency, a much larger marketing firm in Boston, about a possible acquisition. The company lacked digital capabilities and wanted to offer such services to its clients, and they thought the expertise of Winans Creative would fit nicely into their business model. Winans agreed.

“We were excited about it, and a bit nervous,” he said, but he took the leap, acting as vice president of digital marketing in what was essentially HB’s Western Mass. satellite office. “But it brought all sorts of challenges. As a satellite office, it’s tough to merge cultures, which was a tough stumbling block. It also turned out that a lot of our existing clients didn’t fit in with this new company’s business model, and those clients were let go in favor of bigger ones. A lot of us were upset about it; that wasn’t part of the expectation.”

After a year, it was clear that the acquisition wasn’t bearing fruit for either side, and Winans was given the opportunity to take his firm back. And he did, in February 2015, bringing his five employees with him.

“It’s not a scenario where everyone looks back and says, ‘that was a fantastic time,’” he told BusinessWest. “But, in retrospect, we learned who we are and what we’re good at — and what we don’t want to be, which I think was a really helpful part of that process. Thankfully, we came out of it with all the same team; that’s one of the things that really helped us become stronger.”


Click HERE for a list of Web Development Companies in the regions


Taking the company back was also a chance to reassess the company’s direction, he went on. He and his employees wanted to stress the team aspect of the operation, hence the name change to Rhyme Digital. They also sensed increasing opportunity in not only building websites for companies, but teaching them how to turn their online presence into an effective marketing tool with measurable results.

“We were great at building and designing websites, and a lot of times clients think a website is the end-all, be-all,” Winans said. “But a lot of what we do revolves around helping people market themselves and build an online brand presence and sustain that over the long term. That’s where we shifted the focus — not just building these tools, but helping people understand the different pieces to it.”

That’s an issue today, he said, for companies that have websites and receive reports back from digital marketing firms that don’t really tell them anything. Rhyme’s goal is to track and clearly communicate not just a website’s hit count, but where the traffic is coming from, which campaigns potential customers are responding to, and what they’re doing on the website once they’ve arrived.

“We’ve had clients come to us saying, ‘I signed up for this digital marketing package, and I get reports of how many clicks are coming through my website, but not much more than that. Can you help me?’ We sit down and show them what’s happening once people come through. Once you make the connection, you can really put a dollar amount on the traffic coming onto your site.”

In other words, there’s a technical component to setting up a website and its features, but the end result has to bring return on investment, and ways to effectively measure it. “The question a client needs to ask,” he said, “is not ‘can you build me a website,’ but ‘I need my website to do x, y, and z.’ Or, ‘I need my website to be a lead-generating tool.’ We’re going to give you all the data to help your company continually improve what it’s doing online and in all its marketing.”

Come Back Home

After the failed acquisition, Winans said he was gratified — but perhaps not totally surprised — when Rhyme reached out to the clients it been forced to drop and was met warmly.

“The response was fantastic,” he told BusinessWest. “We’re really thankful we have a loyal client base; we’ve been working with some of them for more than 10 years. They see us as a partner and a resource. That always makes us feel good.”

The most successful relationships between Rhyme and its clients are the ones that have grown over time to the point where Winans and his team understand everything about the client and its marketing goals — both in online and traditional advertising.

Blair Winans

Blair Winans says constant advances in website coding, graphic design, and marketing strategy lends his work variety and keeps it fun.

Rhyme’s clients run the gamut from manufacturing to retail (both brick and mortar and purely online); from outdoor adventure sports (Zoar Outdoor is one of its longest-running clients) to publishing and nonprofits.

“We end up treating each client as its own specific case. We’re never going to be a one-size-fits-all solution,” Winans explained. “We do a bit of e-commerce development, and no e-commerce store does things the same way another one does; they have very specific differences and needs.”

Rhyme helps its clients consider the many possible facets of an online campaign — banner ads, search-engine optimization, Google AdWords, and, especially, landing pages with optimized content that gets visitors to take action, not just click on through. Then there are newer, cutting-edge tools such as radio-frequency identification and geofencing, which are used to target potential customers by location.

“The possibilities are enormous right now, better than they ever have been before, and we help clients set up these types of campaigns,” Winans said, noting that, for one of his clients, a publisher targeting first-year law students, he used geolocation to focus mobile pitches around college campuses. “One of the best things about digital marketing is that fluidity, and the ability to pivot based on the data that comes in.”

It’s also more cost-effective to test multiple messages digitally before deciding on the best one and launching it through larger, traditional-media campaigns, he went on. “We’re helping people make the most of their budgets, looking at how technology plays a role, and helping them figure out where they should be spending money.”

Websites weren’t Winans’ first career path, or even his second. He enrolled in college looking to be a lawyer, but then switched gears and transferred to the Boston University College of Communication to study advertising, marketing, and public relations. It was a field where he could put his graphic-art skills to good use, doing branding and design for a number of companies.

This was the late ’90s, a time when websites were first coming online, and he had a chance to play around with early marketing models, including working with Dunkin’ Donuts on its first website. “It’s kind of the equivalent to what’s happening now, with all these different technologies, seeing which ones are panning out,” he said. “I learned a lot of different stuff very early on; actually, I taught myself how to do it.”

In addition to leading a team that now numbers seven, Winans characterizes his day-to-day work at Rhyme as half coding, half design, and appreciates the variety offered by both — and the challenge of keeping abreast of the latest developments in the world of dynamic websites.

“For my development team, every week there’s a new platform or technology or script or language they need to be aware of,” he told BusinessWest. “We don’t just want to sell our clients a bunch of tools, but the right set for what they’re trying to do. It puts a lot on our shoulders — but it’s fun. We love learning about different types of technologies and seeing what these capabilities are. It’s an ongoing process.”

What makes it work here is, we’re all interested in the same thing: to make our work the best it can be and push each other — and in the process have fun. In our business, you never know what kind of work you’ll get on any given day. You could be coding something one day, working on the checkout process for an e-commerce site another day.”

But one, he said, made easier by the closeness and longevity of his team. “Everyone here is excited about coming to work every day, excited about who they’re working with and what they’re doing for clients. We’ve been through some ups and downs as a team as part of the whole process, but we’ve built something we feel is more than just a business. That’s important.”

There’s the Rub

That’s not to say website design and marketing it’s sometimes stressful, Winans added, but the team at Rhyme — based out of an airy space in the Eastworks complex — has created an environment where everyone encourages each other and helps each other out, and nobody is afraid to step up and ask for help.

“What makes it work here is, we’re all interested in the same thing: to make our work the best it can be and push each other — and in the process have fun,” he said. “In our business, you never know what kind of work you’ll get on any given day. You could be coding something one day, working on the checkout process for an e-commerce site another day.”

The reward, he went on, is seeing the sites go live.

“There’s a pretty big sense of excitement when we look at all the projects we’ve done and hear the way our clients talk about them, when they come back and tell us, ‘we get nothing but praise for our site now.’ A couple of clients go back 10 years, and they’re on the fourth iteration of their website, and you see the transformation. We have archives of sites we’ve done, and it’s fun to see the progressions in them. When we can help businesses utilize their sites to their fullest capacity, that’s what really makes what we do worthwhile.”

In other words, Rhyme Digital is certainly not going to the dogs — unless you count Winans’ two furry friends, a yellow lab named Butters and a pug named Flora, who join him at work every day. The other employees are encouraged to bring their dogs occasionally as well.

“They provide some comic relief,” he said. “When things get stressful or we’re under a heavy deadline, and Butters is upside-down on the floor, wagging his tail hard, you realize we’re not doing brain surgery. Sure, you’re dealing with deadlines, but there’s always time for a belly rub.”

For someone who’s been coding websites going on two decades and still finds excitement in the details, it’s a healthy perspective.

“You get to learn something new every day here,” he said. “It’s a good spot to be in.”

Joseph Bednar can be reached at [email protected]

DBA Certificates Departments

The following Business Certificates and Trade Names were issued or renewed during the month of July 2016.

Agawam

Gallagher Academy of Real Estate
351 Walnut Street Ext
J. Cullen P. Gallagher

Gallagher Real Estate
350 Walnut St.
Paul Gallagher

My Sister’s Scrapbook
26 Hunter’s Greene
Susan Tapply

The Magic Blend
1325 Springfield St. #8
Adam Kaplan

Amherst

Hampshire Mindfulness
409 Main St., Suite 252
Jessica Murphy

M.G.L Industries
48 Curtis Place
Matthew G. Leclair

MOMO
23 North Pleasant St.
Jamyang Wangchuk and Rabga Ngawang

New Bridge Software Consulting
65 Stagecoach Road
Daniel Thibodeau

Pita Pockets/Fibi and Fadi LLC
103 North Pleasant St.
Nahla Ejja

Star Nails & Spa
316 College St.
Mung Thi Pham

Chicopee

D & B Auto Sales Service LLC
395 Broadway St.
Donny Aderno & Rebecca L. Aderno

Family Barbers & Beauty Supplies
212 Exchange St.
Alex A. Nieves

Healing Touch
24 White Birch Ave.
Cindy Roux

KS Services
35 Casino Ave.
Kelly A. Surprise

Temp Solutions LLC
259 Arcade St.
William Frank Renaud

Northampton

Audubon Arts
341 Audubon Road
Elizabeth E. Vizentin

Bamboo (Asian Cuisine)
311 Riverside Dr.
Manelas T. Marroquin & Javier E. Marroquin

Health Care Resources Centers
297 Pleasant St.
Community Health Care Inc

Najame & Kling Law Offices
90 Conz St., Suite 208
Mark A. NeJame & Julie G. Kling

Thrive: Growing Wellness
166 Grove St.
Jessica Gifford

Springfield

Acres Dental Care
1954 Wilbraham Road
James E. Maslowski

ATI Physical Therapy
1160 Dickinson St.
Performance

Carte 24. COM
27 Highland St.
Sa Nguyen

Cumberland Farms #0211
514 Belmont Ave.
John Daly

Deniliva Inc., D/B/A Liberty
977 Boston Road
Steven Kowalski

Deniliva Inc., D/B/A Liberty
1334 Liberty St.
Steven Kowalski

Done Rite Overhead Doors
24 Gardens Dr.
Kevin Chiasson

Educating Youth
87 Sunapee St.
Simone Phillips

Guardian Soldiers Law Enforcement
18 Champlain St.
David A. Dimiero

Lucky Traders Inc.
389 Belmont Ave.
Wahab Bari

Puerto Rico Candy Store
2756 Main St.
Ady Nelson Rosario

Rick’s Home Improvement
49 Silver St.
Jasmine Owen

Solivan Landscaping
80 Castle St.
Reinaldo Solivan Jr.

Springfield Central Downtown
1477 Main St.
Glenroy Beresford

Thomas’ Cleaning Company
450 Hancock St.
Thomas M. Peralta

West Springfield

Balise Nissan of West Springfield
500 Riverdale St.
Balise JRN, Inc

Chapin Baby
1680 Riverdale St.
Tatyana Gut

Early Bloomers Family Child Daycare
76 Blossom Road
Jocelyn Donohue

Elite Interior Designs
499 Elm St.
Aslan Viysalov

Powers & Liquori
84 Park St.
Gary B Liquori

Quick Stop Food
20 River Street
Amanullah Khan

Westfield

Community Church of Westfield
11 Washington St.
Advent Christian Church of Westfield

EZ Mart
82 Franklin St.
82 Franklin St. Inc.

For K-9s & Felines, LLC
45 Southwick Road
For K-9s & Felines, LLC

Lularoe Kimberly Curran
84 Tannery Road
Kimberly Jensen-Curran

North American Restoration
40 Franklin St. Rear
Harland C. Avezzie

Northside Creamery
519 Southampton Road
Mancino Farms Inc.

Pro-Cutters Environmental Timbering
135 Susan Dr.
Brian R. D’Agostino

Romans Mowing
152A Miller St.
Roman Mikhalinchik

Tanya Costigan Events
1029 North Road
Tanya Costigan

Briefcase Departments

Governor Signs Bipartisan Pay-equity Legislation

BOSTON — Gov. Charlie Baker signed a bipartisan pay equity bill last week, passed unanimously by both legislative branches, to ensure equal pay for comparable work for all Massachusetts workers and equal opportunities to earn competitive salaries in the workplace. The governor was joined by Lt. Gov. Karyn Polito, Senate President Stanley Rosenberg, Speaker of the House Robert DeLeo, Treasurer Deb Goldberg, State Auditor Suzanne Bump, state Sen. Patricia Jehlen, state Rep. Ellen Story, state Rep. Patricia Haddad, and members of the Legislature at a signing ceremony in the State House to enact S.2119, An Act to Establish Pay Equity, which will go into effect on July 1, 2018 for Commonwealth employers and employees. “I am pleased to sign bipartisan legislation to create a more level playing field in the Commonwealth and ensure that everyone has the opportunity to earn a competitive salary for comparable work,” Baker said. “I thank the Legislature for unanimously passing this bill and working closely with the business community to support women and families across the state.” Added Polito, “this legislation is an important step toward advancing more equal, inclusive, and thriving workplaces throughout the Commonwealth for women and families.” The new law will prevent pay discrimination for comparable work based on gender. The bill allows employees to freely discuss their salaries with coworkers, prohibits employers from requiring applicants to provide their salary history before receiving a formal job offer, and authorizes the attorney general to issue regulations interpreting and applying the expanded law. Under the new law, employers are permitted to take certain attributes of an employee or applicant into account when determining variation in pay, including their work experience, education, job training, or measurements of production, sales, or revenue. “This new law is an important step toward ensuring economic security for Massachusetts women and families. It makes vital updates that reflect our modern economy and balance the needs of workers and the business community,” said Attorney General Maura Healey, adding that “pay equity is not only a women’s issue, it’s a family issue, and with this new law on the books, we are closer to closing the pay gap in our state.” The statute of limitations laid out currently under the equal-pay statute will be expanded from one to three years, and employees will no longer be required to pursue a general claim of intentional discrimination at the Massachusetts Commission against Discrimination before filing a separate equal-pay claim in court.

ABA Bringing Franchise to Springfield This Fall

SPRINGFIELD — The Springfield Sting will be the first American Basketball Assoc. (ABA) team to call Springfield, the birthplace of basketball, its home when it commences play in November. The organization will boast top talent from the Greater Springfield area and beyond. The Sting will join the ABA’s Northeast Division for the start of the 2016-17 season, alongside teams in Boston, Providence, New York, Long Island, and New Jersey. The franchise will be owned by Zach Baru of Longmeadow. Baru’s past experience in sports and entertainment includes the Springfield Spirit of the National Women’s Basketball League, the Greater Springfield Pro-Am Basketball League, the Springfield Falcons of the American Hockey League, and the Miami Dolphins of the National Football League. Dr. Steven Sobel has been hired as the team’s first general manager and head coach. Sobel, a former Division II star at the University of Hartford, has spent more than 40 years coaching collegiate and professional basketball teams and players. During the offseason, he helms the Springfield Slamm of the Greater Hartford Pro-Am Basketball League. Sobel is also a nationally recognized motivational speaker and author of The Good Times Handbook: Your Guide to Positive Living and Exciting Life. “We are excited to bring professional basketball back to the city of Springfield. With Dr. Sobel at the helm, and potential supporters already reaching out, the possibilities for success here in the community are endless,” Baru said.

Free Legal Assistance Available to Small Businesses

SPRINGFIELD — The Western New England University Small Business Legal Clinic is now accepting applications from entrepreneurs and small-business owners seeking legal assistance for the fall 2016 semester. Under faculty supervision, law students assist clients with legal issues, including choice of entity, employment policies, contract drafting, regulatory compliance, and intellectual-property issues relating to trademark applications and copyright. This is a free service available to local businesses that would not otherwise have the resources to obtain these types of services. The Small Business Clinic at Western New England School of Law has assisted more than 300 small businesses. By using the clinic’s services, businesses can avoid problems by getting legal issues addressed early and correctly. It also provides students with an opportunity to get real-world experience. The Small Business Legal Clinic asks small-business owners to submit their applications by Monday, Aug. 15. Applications received after that date will be considered if additional resources are available. Students will begin providing services in September. For more information, call the clinic at (413) 782-1469 or e-mail [email protected].

Company Notebook Departments

Berkshire Hills Reports Second-quarter Results

PITTSFIELD — Berkshire Hills Bancorp Inc. reported second-quarter GAAP earnings of $0.52 per share in 2016 compared to $0.35 in 2015. Core earnings increased to $0.54 per share from $0.51 for these respective periods. Results increased due to expanded operations and improved profitability. Core EPS is a non-GAAP financial measure and is adjusted to exclude net non-core charges primarily related to acquisitions and restructuring activities. GAAP results last year included higher non-core charges related to the Hampden Bancorp acquisition. Second-quarter financial highlights, compared to the prior quarter, include 5% total loan growth, 4% total commercial loan growth, 3.31% net interest margin (fully taxable equivalent), 58.7% efficiency ratio (non-GAAP financial measure), 0.26% non-performing assets/assets, and 0.22% net loan charge-offs/average loans.

NAI Plotkin Makes Move to Heart of Springfield

SPRINGFIELD — NAI Plotkin announced it will relocate to the MassLive building, 1350 Main St., in mid-August. 1350 Formerly known as One Financial Plaza, the building is well-known throughout Springfield for its first-, third-, and ninth-floor galleries activating the spaces. This move brings a third-generation family business into the dynamic and changing heart of downtown. NAI Plotkin’s team of commercial real-estate professionals will occupy 5,884 square feet on the 14th floor in the class-A office tower. The space is currently being renovated to best suit the contemporary property management team. “As we continue to grow our business in and around the Springfield market, we needed to put down roots in a new space that will grow with us,” said Evan Plotkin, company president. “We’re excited to start this new chapter of our company’s history.”

United Financial Bancorp Announces Q2 Earnings

GLASTONBURY, Conn. — United Financial Bancorp Inc., the holding company for United Bank, announced results for the quarter ended June 30, 2016. The company had net income of $9.1 million, or $0.18 per diluted share, for the quarter ended June 30, 2016, compared to net income for the linked quarter of $11.9 million, or $0.24 per diluted share. Operating net income (non-GAAP) for the second quarter of 2016 was $10.0 million, or $0.20 per diluted share, compared to $10.9 million, or $0.22 per diluted share, for the linked quarter. Operating net income for the second quarter of 2016 is adjusted for purchase accounting impacts, net gain from sales of securities, and the effect of position eliminations as a result of the company’s previously disclosed reorganization plan. Additionally, in the first quarter of 2016, operating income was also adjusted for Federal Home Loan Bank of Boston pre-payment penalties. The company reported net income of $13.3 million, or $0.27 per diluted share, for the quarter ended June 30, 2015. Total assets at June 30, 2016 increased by $95.8 million to $6.42 billion from $6.32 billion at March 31, 2016. At June 30, 2016, total loans were $4.73 billion, representing an increase of $81 million, or 2%, from the linked quarter. Loan growth during the second quarter of 2016 was highlighted by a $58 million, or 9%, increase in commercial business loans; a $14 million, or 3%, increase in home-equity loans; and an $8 million, or 2%, increase in owner-occupied commercial real-estate loans. Residential mortgages declined during the second quarter of 2016 by $5 million, reflecting the company’s continued strategy to reduce on-balance sheet exposure to residential mortgage loans. Deposits totaled $4.46 billion at June 30, 2016 and decreased by $79 million, or 2%, from $4.53 billion at March 31, 2016.

Smith & Wesson Purchases Laser-sight Maker for $95M

SPRINGFIELD — Smith & Wesson Holding Corp. announced it has signed a definitive agreement to acquire Crimson Trace Corp., an industry leader in laser-sighting systems and tactical lighting for firearms, for $95 million. Crimson Trace has long been a key supplier of laser-sighting systems for Smith & Wesson. For more than two decades, Crimson Trace has provided consumers, military units, and law-enforcement officers around the globe with laser-sight and tactical-light products. Offering more than 225 products, its award-winning innovations include the Lasergrips, Laserguard, and Rail Master platforms. The company’s product line also includes the Defender Series, Lightguard, and its new LiNQ wireless activation system. Based in Wilsonville, Ore., Crimson Trace operates from a 50,000-square-foot, leased facility where it engineers and manufactures its products. Crimson Trace was founded 22 years ago and has organically generated a 10-year compound annual revenue growth rate in excess of 10%. Its products maintain a premium position with hundreds of independent retailers as well as large sporting-goods retailers, including Cabela’s, MidwayUSA, Nation’s Best Sports, and internet retailer Optics Planet Inc. “Crimson Trace provides us with an exceptional opportunity to acquire a thriving company that is completely aligned with our strategy to become a leader in the market for shooting, hunting, and rugged outdoor enthusiasts,” said James Debney, Smith & Wesson president and CEO. “As the undisputed leader in the market for laser-sighting products, Crimson Trace serves as an ideal platform for our new Electro-Optics Division.”

Daily News

NORTHAMPTON — Attorney Timothy Netkovick has joined Royal, P.C. He has more than 14 years of litigation experience and has tried nearly two dozen cases to verdict.

Netkovick’s practice is focused in labor law and complex employment litigation. He also counsels companies on the multitude of state and federal employment laws impacting them, including wage-and-hour issues, disability and leave laws, workplace safety and OSHA compliance, affirmative action, and contract negotiations. His other preventive work includes drafting employee manuals; preparing non-disclosure, non-solicitation, and non-compete agreements; and conducting management training.

He is a graduate of American International College and Western New England University School of Law.

Daily News

SPRINGFIELD — Skoler, Abbott & Presser, P.C. announced that Attorney Marylou Fabbo has been named one of the 2016 Top Women of Law by Massachusetts Lawyers Weekly. This distinction is presented to only 50 female legal professionals in the Commonwealth each year.

The Top Women of Law program highlights women who are trailblazers in their respective fields and role models for future generations of attorneys. This prestigious list of elite female legal professionals will be honored at a dinner program sponsored by Massachusetts Lawyers Weekly, planned for Oct. 27 at the Marriott Copley Hotel in Boston.

“I am truly humbled to be recognized among so many talented women,” Fabbo said. “It speaks volumes about our firm to have two attorneys recognized this year. I look forward to celebrating the achievements of all the honorees in October.”

Fabbo represents employers in employment litigation before state and federal courts as well as state and federal agencies in Massachusetts and Connecticut. She is a partner at Skoler Abbott and heads the firm’s litigation team. She has extensive experience working with employers to reduce the risk of legal liability they may face as the result of illegal employment practices. She is a frequent speaker on employment-related topics and also conducts extensive management-training and employment-practices audits. She is a published author and volunteers in the local community.

Massachusetts Lawyers Weekly was founded in 1972 and reports decisions issued by all state and federal courts in Massachusetts as well as changes to court rules, verdict and settlement reports, bar-discipline notices, and other news vital to attorneys in the Commonwealth. A complete list of the publication’s 2016 Top Women of Law can be found at masslawyersweekly.com.

Daily News

SPRINGFIELD — Skoler, Abbott & Presser, P.C. will host a series of webinar sessions to help employers navigate new U.S. Equal Employment Opportunity Commission (EEOC) filing deadline.

The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex, national origin, age disability, or genetic information. Most employers with at least 15 employees are covered by EEOC laws, along with many labor unions and employment agencies.

Earlier this year, the EEOC published a Notice of Proposed Rulemaking that would require employers to report pay data and hours worked under strict guidelines. Every employer with 100 or more employees and employers who are federal contractors will be required to submit these reports. It is important that employers file reports correctly to avoid legal liability and discrimination claims from regulators and private parties.

Attorneys John Gannon and Stefanie Renaud will present an in-depth webinar on the ins and outs of EEOC filing to properly meet the Sept. 30 filing deadline. They will walk employers through evaluating filing requirements, the time periods for reporting employment data, and how to best categorize job titles and pay data to avoid EEOC scrutiny.

The webinars are slated for Thursday, Aug. 11, Tuesday, Aug. 30, Wednesday, Sept. 7, and Tuesday, Sept. 20, all from 1:30 to 3 p.m. To register an upcoming webinar, visit store.hrhero.com/events.

Gannon has defended employers against claims of discrimination, retaliation, harassment, wrongful termination, as well as actions arising under the Family Medical Leave Act and wage-and-hour law. He also has experience with lawsuits seeking to enforce restrictive covenants and protect trade secrets. He frequently assists employers in litigation-avoidance strategies. He 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.

Renaud focuses on labor law and employment litigation. Prior to joining Skoler, Abbott & Presser, she interned with the Enforcement Division of the Massachusetts Commission Against Discrimination, where she investigated employment-discrimination claims and drafted decisions on behalf of the commission.

Daily News

SPRINGFIELD — Robinson Donovan, P.C. announced that attorney Jeffrey Trapani has been appointed chair of the legislative steering committee for the Springfield Regional Chamber of Commerce.

The legislative steering committee identifies issues of major concern to the business community, researches the issues, and recommends positions on them. The committee is also charged with educating members on these issues, soliciting member support, and encouraging elected officials to adopt the chamber’s position. This committee also serves as the legislative arm of the East of the River Five Town Chamber of Commerce.

“Jeff is not only an outstanding litigator, but a genuine leader in the community,” said Nancy Frankel Pelletier, head of Robinson Donovan’s litigation department. “We are very proud that he has taken on a leadership role at the Springfield Regional Chamber. He has an unwavering commitment to our business community, and he will be carrying on a decades-old tradition at Robinson Donovan of community service.”

Trapani, a partner at Robinson Donovan, concentrates his practice in civil litigation, including insurance defense, employment law, municipal liability, business litigation, and professional malpractice. Additionally, he represents landlords in summary-process actions and housing-discrimination claims and insurance companies in unfair-settlement claims and coverage issues. He graduated, cum laude, from New England Law in Boston, where he was editor in chief of the New England Law Review. He has been recognized by Super Lawyers since 2008.

Daily News

BOSTON — Gov. Charlie Baker signed a bipartisan pay equity bill yesterday, passed unanimously by both legislative branches, to ensure equal pay for comparable work for all Massachusetts workers and equal opportunities to earn competitive salaries in the workplace.

The governor was joined by Lt. Gov. Karyn Polito, Senate President Stanley Rosenberg, Speaker of the House Robert DeLeo, Treasurer Deb Goldberg, State Auditor Suzanne Bump, state Sen. Patricia Jehlen, state Rep. Ellen Story, state Rep. Patricia Haddad, and members of the Legislature at a signing ceremony in the State House to enact S.2119, An Act to Establish Pay Equity, which will go into effect on July 1, 2018 for Commonwealth employers and employees.

“I am pleased to sign bipartisan legislation to create a more level playing field in the Commonwealth and ensure that everyone has the opportunity to earn a competitive salary for comparable work,” Baker said. “I thank the Legislature for unanimously passing this bill and working closely with the business community to support women and families across the state.”

Added Polito, “this legislation is an important step toward advancing more equal, inclusive, and thriving workplaces throughout the Commonwealth for women and families. We thank the Legislature for their collaboration with the Commonwealth’s employers and their commitment to creating more opportunities for Massachusetts skilled workforce.”

The new law will prevent pay discrimination for comparable work based on gender. The bill allows employees to freely discuss their salaries with coworkers, prohibits employers from requiring applicants to provide their salary history before receiving a formal job offer, and authorizes the attorney general to issue regulations interpreting and applying the expanded law.

Under the new law, employers are permitted to take certain attributes of an employee or applicant into account when determining variation in pay, including their work experience, education, job training, or measurements of production, sales, or revenue.

“This new law is an important step toward ensuring economic security for Massachusetts women and families. It makes vital updates that reflect our modern economy and balance the needs of workers and the business community,” said Attorney General Maura Healey, adding that “pay equity is not only a women’s issue, it’s a family issue, and with this new law on the books, we are closer to closing the pay gap in our state.”

The statute of limitations laid out currently under the equal-pay statute will be expanded from one to three years, and employees will no longer be required to pursue a general claim of intentional discrimination at the Massachusetts Commission against Discrimination before filing a separate equal-pay claim in court.

Daily News

SPRINGFIELD — The Western New England University Small Business Legal Clinic is now accepting applications from entrepreneurs and small-business owners seeking legal assistance for the fall 2016 semester. Under faculty supervision, law students assist clients with legal issues, including choice of entity, employment policies, contract drafting, regulatory compliance, and intellectual-property issues relating to trademark applications and copyright. This is a free service available to local businesses that would not otherwise have the resources to obtain these types of services.

The Small Business Clinic at Western New England School of Law has assisted more than 300 small businesses. By using the clinic’s services, businesses can avoid problems by getting legal issues addressed early and correctly. It also provides students with an opportunity to get real-world experience.

The Small Business Legal Clinic asks small-business owners to submit their applications by Monday, Aug. 15. Applications received after that date will be considered if additional resources are available. Students will begin providing services in September. For more information, call the clinic at (413) 782-1469 or e-mail [email protected].

Daily News

SPRINGFIELD — Smith & Wesson Holding Corp. announced it has signed a definitive agreement to acquire Crimson Trace Corp., an industry leader in laser-sighting systems and tactical lighting for firearms, for $95 million.

Crimson Trace has long been a key supplier of laser-sighting systems for Smith & Wesson. For more than two decades, Crimson Trace has provided consumers, military units, and law-enforcement officers around the globe with laser-sight and tactical-light products. Offering more than 225 products, its award-winning innovations include the Lasergrips, Laserguard, and Rail Master platforms. The company’s product line also includes the Defender Series, Lightguard, and its new LiNQ wireless activation system. Based in Wilsonville, Ore., Crimson Trace operates from a 50,000-square-foot, leased facility where it engineers and manufactures its products.

Crimson Trace was founded 22 years ago and has organically generated a 10-year compound annual revenue growth rate in excess of 10%. Its products maintain a premium position with hundreds of independent retailers as well as large sporting-goods retailers, including Cabela’s, MidwayUSA, Nation’s Best Sports, and internet retailer Optics Planet Inc.

“Crimson Trace provides us with an exceptional opportunity to acquire a thriving company that is completely aligned with our strategy to become a leader in the market for shooting, hunting, and rugged outdoor enthusiasts,” said James Debney, Smith & Wesson president and CEO. “As the undisputed leader in the market for laser-sighting products, Crimson Trace serves as an ideal platform for our new Electro-Optics Division. Firearms purchasers frequently buy electro-optic accessories to enhance the capabilities and performance of their firearms. The growth that Crimson Trace has delivered is a testament to the high-product quality and the robust product development capability that Lane Tobiassen, president and chief executive officer of Crimson Trace, and his team have established. That capability, combined with Crimson Trace’s leadership position in the market for laser sights, provides a solid framework for organic and inorganic growth.”

Tobiassen, who joined Crimson Trace in 2005, will serve as president of the new Electro-Optics Division of Smith & Wesson, and will report directly to Debney. The Crimson Trace management team and workforce, as well as its base of operations, will remain in Wilsonville, Ore. after the acquisition.

“It is a great honor to lead Crimson Trace into this exciting new chapter in our history by joining the Smith & Wesson team,” Tobiassen said. “Since 1994, we have designed and brought to market more than 225 products, all of which reflect the passion, dedication, and spirit of innovation of our design engineers, production workforce, customer-service representatives, and marketing and sales professionals. As the new Electro-Optics Division of Smith & Wesson, we believe that our capabilities, combined with inorganic opportunities to acquire related technologies, will expand the reach of our existing market footprint. This makes us a great fit for Smith & Wesson, a legendary company with an iconic brand, world-class products, and markets that include consumer, law-enforcement, and international channels. We look forward to offering consumers exceptional performance from two of the industry’s most trusted names.”

Opinion

Opinion

By Brad MacDougall

The Massachusetts Senate took a dramatic step backward recently on non-compete agreements, passing Draconian restrictions that would effectively end of the use of the documents in the Bay State.

The Senate passed by voice vote a measure that would limit non-compete agreements to three months and require employers to pay the full salary of the former employee during the restricted period.

The bill would exempt anyone earning $130,000 or less from non-competes.

The Senate measure stands in marked contrast to a compromise version passed by the House in late June that allows one-year non-competes and not require companies that compensate employees at the time they sign non-competes to pay them again during the restricted period.

Lawmakers will have to reconcile all those differences before the session ends on July 31 if a non-compete bill is to become law.

“Employers support the House bill, period,” said John Regan, executive vice president of Government Affairs at AIM.

“House leaders worked with people on all sides of the issue and came up with a reasonable compromise that protects the rights of both employers and workers,” he said. “The idea that you would now compromise a compromise makes no sense.”

Employers believe selective use of non-competes protects the significant investments that allow their companies to be global leaders in their industries and to create jobs in the commonwealth.  The compromise legislation begins to recognize that Massachusetts employers need flexibility and legal options to protect intellectual property.

AIM continues to maintain that there is no evidence that the use of non-compete agreements harms Massachusetts’ position as a globally recognized leader in innovation. In fact, Securities and Exchange Commission (SEC) filings indicate that the well-heeled venture capitalists pushing to limit non-competes use such agreements themselves.

Employers have articulated several provisions that would be required for them to support a bill limiting non-competes:

• Minimum one-year duration;
• A “garden leave” provision that requires the employer to pay 50% of the employees’ prorated salary during the restricted period, or other mutually-agreed upon compensation;
• Maintaining and clarifying the ability of a court to reform or alter non-compete contracts to ensure that both parties are treated fairly;
• Those subject to non-compete agreements would have to be given prior notice of the need to sign the agreement, as well as the opportunity to consult with legal counsel; and
• The non-compete would extend to a second year should an employee unlawfully take property belonging to the employer, as included in the House version.

Hopefully, these provisions will become part of the final measure.

Brad MacDougall is vice president of Government Affairs with Associated Industries of Mass. (A.I.M.)

Briefcase Departments

UMass Vaults to Top 30 in Patents Awarded in 2015

BOSTON — In the latest display of its R&D firepower, the University of Massachusetts vaulted to 30th globally in the Top 100 Worldwide Universities Granted U.S. Patents in 2015. Winning a record 62 U.S. patents arising out of faculty inventions, UMass placed third in Massachusetts and New England and was tied for 24th place among American universities. “Our faculty continues to shine with cutting-edge research and innovation that places us in the top tier of universities in the world. They lead us to new frontiers of human understanding, and their work opens the door to a more prosperous economic future,” President Marty Meehan said. “We’re proud of this accomplishment because today’s patent is tomorrow’s job-creating startup technology company.” The patents awarded are based on UMass research in areas as diverse as gene silencing, high-technology textiles, polymers, and nanotechnology, according to Abigail Barrow, interim executive director of the university’s Office of Technology Commercialization and Ventures. The 62 patents represent a 55% increase over the 40 awarded to UMass in the previous year and is the highest number issued in a single calendar year since UMass began its technology-transfer program in 1995, she added. UMass is also a national leader among universities in licensing income earned on its patented inventions. “Congratulations to the University of Massachusetts for making the Top 100 again this year and for an impressive increase,” said Paul Sanberg, president of the National Academy of Inventors, which produces the rankings along with the Intellectual Property Owners Assoc. One of the UMass patents relates to Geckskin, a super-strong adhesive discovered at UMass Amherst that can be used multiple times without losing effectiveness. This year’s top 10 ranked universities worldwide were: the University of California system, Massachusetts Institute of Technology, Stanford University, the University of Texas, Tsinghua University (China), California Institute of Technology, Wisconsin Alumni Research Foundation, Johns Hopkins University, Columbia University, and University of Michigan. The rankings are calculated using data from the U.S. Patent and Trademark Office. UMass is on pace to match or modestly exceed its record 62 patents in the next report, Barrow said. “Our impressive patent numbers reflect the rapid growth and influence of UMass’ research enterprise and the discovery going on at all of our campuses.” UMass shares the number-30 spot with the University of Utah Research Foundation and the Research Foundation of the State University of New York. The National Academy of Inventors is a nonprofit organization of U.S. and international universities and governmental and nonprofit research institutions with more than 3,000 members. The Intellectual Property Owners Assoc. is a trade association of owners of patents, trademarks, copyrights, and trade secrets. This is the fourth year they have collaborated to issue the rankings report.

Springfield Regional Chamber Seeks Super 60 Nominations

SPRINGFIELD — The Springfield Regional Chamber is seeking nominations for its annual Super 60 awards program. Now in its 27th year, the awards 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. Each year, the program identifies the top-performing companies in revenue growth and total revenue. Last year, total-revenue winners combined for revenues of more than $1 billion, with only-third of winners exceeding revenues of $30 million. All winners in the revenue-growth category had growth in excess of 20% while one-third experienced growth in excess of 65%. To be considered, companies must be based in Hampden or Hampshire county or be a member of the Springfield Regional Chamber, produce revenues of at least $1 million in the last fiscal year, be an independent and privately owned company, and have been in business for 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. Companies may be nominated by financial institutions, attorneys, or accountants, or be self-nominated. Companies must submit a nomination form and provide net operating revenue figures for the last three full fiscal years, signed and verified by an independent auditor. All financial information must be reported under generally accepted accounting principles and will be held and considered confidential and not released without prior approval. Nomination forms are available here or by contacting Kara Cavanaugh at [email protected] or (413) 755-1310. Nominations must be submitted no later than Friday, Aug. 12. The Super 60 awards will be presented in partnership with the East of the River Five Town Chamber of Commerce at the annual luncheon and recognition program on Friday, Oct. 28 from 11:30 a.m. to 1:30 p.m. at Chez Josef in Agawam.

Springfield Launches Futurecity Massachusetts

SPRINGFIELD — On Friday, July 15, the Springfield Central Cultural District (SCCD) will be one of three statewide districts to launch Futurecity Massachusetts, a new approach to transforming cities that puts art, culture, and creativity at the center of redevelopment and revitalization. Futurecity Mass is a joint initiative of the Massachusetts Cultural Council (MCC) and the Boston Foundation. Futurecity Massachusetts will work with mayors, urban planners, and arts and business leaders in Boston, Worcester, and Springfield on key real-estate projects in state-designated cultural districts in the three cities, targeting areas ready for development and job growth. It is the first U.S. effort to advance the strategies of Mark Davy and his London-based Futurecity, which has created more than 200 partnerships across the globe that reposition cultural assets from community amenities to marketplace drivers. Futurecity has been immersed in cultural placemaking projects for more than a decade, and Davy believes Futurecity Massachusetts will secure the Commonwealth’s global position as a cultural leader. Davy will visit Springfield on July 15 to meet and workshop with local cultural and economic-development leaders. He will take knowledge from a walking tour of the Cultural District, an extensive workshop, and a general reception back to his UK team to review. In October, Futurecity will return to present a strategy to the Springfield public. The MCC hopes to eventually expand the program statewide. A press event will take place at 9:30 a.m. on Friday with Davy, MCC Executive Director Anita Walker, Mayor Domenic Sarno, and SCCD Executive Director Morgan Drewniany on the steps of City Hall. Both press and the general public are invited to attend. The Springfield Central Cultural District, which encompasses an area of the metro center of Springfield, is membership-based, involving many of the downtown arts institutions. Its mission is to create and sustain a vibrant cultural environment in Springfield.

Local Business Volunteers Bring JA to Fairview School

CHICOPEE — Junior Achievement of Western Massachusetts (JA) and 33 volunteers from area banks, businesses, and colleges teamed up to bring Junior Achievement programs to all 436 students at Fairview School in Chicopee for last month’s JA in a Day event. “This is the sixth year that Chicopee Savings Bank Foundation has sponsored JA in a Day for these students,” noted Jennifer Connolly, president of Junior Achievement of Western Massachusetts. “The students and teachers look forward to ending their year with JA, and Junior Achievement looks forward to ending our year with this terrific school. Nowhere else are our JA Volunteers treated to a final assembly with hundreds of cheering students and handmade cards and notes. It is an amazing event.” This year, JA volunteers from Chicopee Savings Bank, Bank of America, Santander Bank, Westfield Bank, Webster Bank, TD Bank, Babson Capital, Elms College, UMass Amherst, and Lead Yourself Youth brought Junior Achievement programs to students in grades K-5 at Fairview School. Carlos DeLeon, a Chicopee Savings Bank volunteer, noted, “the students had a good understanding of how a city runs. They had a great understanding of a savings account, and we talked about how taxes help the city rebuild.” Erika Eisnor, a Santander volunteer who taught JA Our Region in a fourth-grade class, noted that “JA is so much fun and a great learning experience.” Added Kidon Gebersadik from Bank of America, “it’s never too early to learn about good money habits. These exceptional students are learning about building blocks that will lead to more stable financial lives down the road, making our communities and local economies stronger.” Tim Dominick, a teacher at Fairview School, explained that the program “further offered the students a chance to explore their creative thinking process. The students benefited from the teamwork and problem solving the program offered.” JA programs empower students to make a connection between what they learn in school and how it can be applied in the real world, enhancing the relevance of their classroom learning and increasing their understanding of the value of staying in school. Each year, JA reaches more than 10 million students worldwide and helps them develop successful financial-management habits, empowering them to explore the potential of becoming an entrepreneur and providing them with the skills necessary to succeed in a global workforce. Locally, Junior Achievement of Western Massachusetts reaches more than 11,000 students.

Baker Signs Transgender Anti-discrimination Law

BOSTON — Gov. Charlie Baker signed into law an anti-discrimination bill, previously passed by the state House and Senate, that gives transgender people the right to use public restrooms and locker rooms consistent with their gender identities, regardless of their sex at birth. The Massachusetts Commission Against Discrimination will adopt policies to enforce its provisions, a statement from the governor’s office said. “No one should be discriminated against in Massachusetts because of their gender identity,” Baker said, according to CNN. “This compromise legislation extends additional protections to the Commonwealth’s transgender community, and includes language to address the public-safety concerns expressed by some by requiring the attorney general to issue regulations to protect against people abusing the law.”

Area Business Leaders to Head to Capitol Hill

SPRINGFIELD — The Springfield Regional Chamber will hold its biannual Washington Symposium on September 21-23 hosted by U.S. Rep. Richard Neal. This popular event brings the region’s business leaders to Washington, D.C. to listen to and question some of the country’s most influential leaders, including members of the U.S. Senate and House of Representatives, top federal policy makers, and members of the Obama Administration in its last months in office. Past speakers have included political strategist Stan Greenberg, U.S. Sen. Elizabeth Warren, U.S. Rep. John Lewis, U.S. Sen. Edward Markey, House Ways and Means Chair David Camp, U.S. Rep. Nancy Pelosi, Chair of the White House Council of Economic Advisors Jason Furman, and Ireland’s Ambassador to the U.S. Anne Anderson. Registrations are limited and include air transportation, airport parking, hotel transfers, hotel accommodations at the Phoenix Park Hotel within walking distance to the Capitol, breakfast and lunch each day, and welcome and closing evening receptions. The reservation deadline is Friday, Aug. 5, and no refunds will be granted after that date. The all-inclusive cost is $1,395 (single) or $1,270 (per person, double occupancy) if made by Friday, July 15. Reservations made after July 15 will increase to $1,495 (single) or $1,370 (per person, double occupancy). Sponsorship opportunities are also available and include complimentary attendance. For reservations or more information, visit www.springfieldregionalchamber.com or e-mail Nancy Creed at [email protected].

BTCF HousingUs Initiative Issues RFP

SHEFFIELD — Berkshire Taconic Community Foundation’s HousingUs initiative is soliciting proposals from nonprofits, community organizations, and public agencies to plan and convene outreach activities that bring residents together to explore the interrelated issues of affordable housing, economic development, and town-center vitality. Grants of up to $10,000 will be available for projects that result in action-oriented community-development strategies or create broader public awareness of the elements of healthy and resilient communities, including the availability of affordable housing. Only collaborative proposals with one lead applicant and at least one other partner will be considered. Organizations serving Berkshire County, Mass.; Columbia County and Northeast Dutchess County, N.Y.; and Northwest Litchfield County, Conn., are eligible. The deadline for submitting proposals is Friday, Aug. 26. For more information, visit www.berkshiretaconic.org/housingus.

AMA Recognizes Benefits of Paid Sick Leave

CHICAGO — The American Medical Assoc. (AMA) recently adopted new policy recognizing the public-health benefits of paid sick leave and other discretionary time off. Citing a growing body of evidence that lack of access to paid sick leave results in the spread of infectious diseases, as well as delayed screenings, diagnoses, and treatment, the new AMA policies support paid sick leave, as well as unpaid sick leave, for employees to care for themselves or a family member. “With both dual-earner and single-parent households on the rise in the United States, it is increasingly challenging for workers to juggle family and work,” said former AMA board chair Dr. Barbara McAneny. “Workers without paid sick days are more likely to work sick and are more likely to delay needed medical care, which can lead to prolonged illness and worsen otherwise minor health issues. Lack of paid leave also has a ripple effect across a worker’s family. Paid sick leave has been shown to aid children’s health, shorten hospital stays, and reduce the risk of disease transmission by allowing parents to stay home with sick children. Paid sick leave keeps our homes, offices, and communities healthier while ensuring the family’s economic security.” The U.S. is the only industrialized nation without a federal family-leave law that guarantees workers may receive pay while taking time to care for themselves or their family. Although the Family and Medical Leave Act mandates that companies provide leave, the law does not require that it be paid. The AMA also reaffirmed existing policy supporting voluntary leave policies that provide employees with job security and the continued availability of health-plan benefits in the event that leave becomes necessary due to medical conditions.

Rep. Neal Releases Rail Study for Northern New England

SPRINGFIELD — U.S. Rep. Richard Neal, dean of the New England congressional delegation, held a press conference in Springfield last week to release the Northern New England Intercity Rail Initiative (NNEIRI), a study funded by the Federal Railroad Administration and requested by Neal and former U.S. Rep. John Olver to identify and improve rail service in the region, including Springfield to Boston. NNEIRI is a conceptual planning study that examines the benefits, opportunities, and impacts of adding more frequent and higher-speed inter-city passenger rail service on two rail corridors, the inland route and the Boston-to-Montreal route. The inland route would run between Boston and New Haven, Conn. via Springfield. The Boston-to-Montreal route would run between Boston and Montreal, Quebec via Springfield. The two routes would share the trackage between Boston and Springfield. The combination of these two rail routes defines the study area that is collectively identified as the NNEIRI Corridor. “More than 2 million people live within three miles of a station along this corridor,” said FRA Administrator Sarah Feinberg. “For everyone to move safely and efficiently, this region needs a robust rail system, and this blueprint will help achieve that goal.”

Report Details State Residents without Insurance Coverage

BOSTON — The Blue Cross Blue Shield of Massachusetts Foundation released a new report, “Massachusetts Residents without Health Insurance Coverage: Understanding Those at Risk of Long-term Uninsurance.” Massachusetts currently has the lowest uninsurance rate in the nation, and as part of the individual mandate to carry health insurance coverage, the state collects detailed information through its tax-filing process about the health-insurance status of more than 4 million residents. This report analyzes 2011 and 2012 state-tax-filer data and provides new information about Massachusetts residents who are prone to remaining uninsured over consecutive years. The findings can help inform stakeholders who want to maintain the state’s low uninsurance rate and strive to lower the number of individuals without health-insurance coverage. Prepared by Michael Chin of UMass Medical School and Audrey Gasteier of the Commonwealth Health Insurance Connector Authority, the analyses in this report represent the first time that tax-filer data is being used to quantify the state’s uninsured population over a period of two consecutive calendar years. No other state has such detailed information on its residents’ insurance status.

Daily News

PITTSFIELD — Berkshire Bank announced the expansion of its Wealth Management Group with the appointments of Elizabeth Gore to senior vice president, trust operations and compliance, and Janice Ward to senior vice president, wealth advisor and senior fiduciary officer.

Gore is a graduate of New England School of Banking at Williams College with a degree in trust banking. She has more than 35 years of banking experience, 28 at Berkshire Bank. In her new role, she will oversee all aspects of operations and compliance for the Wealth Management team and the department’s trust accounting system. She is also responsible for fiduciary and tax work, preparation of annual probate accountings, implementing disaster-recovery policies, and assisting auditors. She currently manages the Lenox Wealth Management Office, assisting clients on a daily basis.

Ward received her juris doctor from Western New England University and is licensed to practice law in both Massachusetts and New York. She also obtained her designation as a certified financial planner in 2011. She began her career with Berkshire Bank in 2012 as a wealth advisor and senior fiduciary officer. In her new role, she will oversee various fiduciary activities, including executor and trustee services and financial-planning activities throughout the Berkshire Bank Wealth Management footprint. She will also continue to serve as wealth advisor to a select group of clients, and now serves as president of the newly formed Berkshire County Estate Planning Council Inc., which took the place of the previous Estate Planning Council.

“Berkshire Bank is firmly committed to providing wealth-management and fiduciary services in its growing markets but based here in Berkshire County,” said Thomas Barney, first vice president, wealth advisor. “Liz and Jan bring seasoned experience and exceptional skills to our clients and great leadership to our group. The Wealth Management team is proud of their accomplishments and pleased with their continued success.”

Daily News

SPRINGFIELD — Skoler, Abbott & Presser, P.C., a labor and employment law firm serving employers in the Greater Springfield area, announced that attorney Amelia Holstrom earned the Community Service Award presented by the Massachusetts Bar Assoc. and subsequently through its affiliate association, the Hampden County Bar Assoc. It is awarded to worthy attorneys who are members of both their local and state bar associations, and who have demonstrated excellence in community service.

“The Western Massachusetts community has given so much to me throughout the years,” Holstrom said. “That is why I think it is so important to give back to my community. I am honored to have been presented with this Community Service Award. The award truly speaks volumes about the atmosphere that I work in. Everyone at Skoler Abbott is extremely supportive of community-service initiatives and understands the value of extending a helping hand to others.”

Holstrom joined Skoler, Abbott, & Presser after serving as a judicial law clerk to the judges of the Connecticut Superior Court, where she assisted with complex matters at all stages of litigation. Her practice is focused in labor law and employment litigation. Since joining the firm in 2012, Holstrom has provided legal advice to employers who want to remain union-free and defended employers against claims of discrimination, retaliation, harassment, wrongful termination, and actions arising under the Family Medical Leave Act and wage-and-hour law. Additionally, she frequently provides counsel to management regarding litigation-avoidance strategies.

Holstrom is a 2011 graduate of Western New England University School of Law, where she was the managing editor of the Western New England Law Review. She is a 2015 recipient of the 40 Under Forty award from BusinessWest, which honors individuals under age 40 who have achieved professional success and are active in civic organizations.

In addition to her legal résumé, Holstrom is very active in the community. She is an ad hoc member of the personnel committee for the Food Bank of Western Massachusetts, a member of the board and executive committee for Girl Scouts of Central and Western Massachusetts, and board clerk at Friends of the Homeless.

Daily News

SPRINGFIELD — Attorney Carol Cioe Klyman and Attorney Ann Weber have been recognized for their work on the 2016 Massachusetts Elder Law Sourcebook & Citator. Published by Massachusetts Continuing Legal Education (MCLE), the sourcebook is an important reference source in the growing fields of elder law and special-needs planning in Massachusetts.

The sourcebook represents the editors’ selections of key reference materials from state and federal sources. It contains primary sources that are called upon daily in the representation of the Massachusetts elder and disabled populations, including statutes, regulations, case decisions, and community resources.

The sourcebook would not have been possible without the editorial leadership of Klyman and Weber, said Maryanne Jensen, MCLE’s director of Publications. “They share MCLE’s goal to educate practitioners and others who advocate for, represent, and advise individuals facing the vicissitudes of aging and incapacity.”

Klyman and Weber are shareholders at Shatz, Schwartz and Fentin, P.C., with offices in Springfield, Northampton, and Albany, N.Y. Klyman concentrates her practice in the areas of elder law, estate planning, special-needs-trust planning, estate settlement, guardianships, trust and estates litigation, and MassHealth appeals. Weber concentrates her practice in the areas of estate planning, estate administration, probate, and elder law. She has a particular interest in creative estate planning for authors, artists, farmers, and landowners, as well as federal and Massachusetts estate-tax planning.

Attorneys may purchase the 2016 Massachusetts Elder Law Sourcebook & Citator in print version or as an e-book or e-article through the MCLE website, www.mcle.org.

Daily News

SPRINGFIELD — In 2015, the National Center for Missing & Exploited Children (NCMEC) assisted law enforcement with more than 13,700 cases of missing children. Seeing the worth of increased awareness of the importance of safety for children, businesses throughout the Pioneer Valley have teamed up to produce an educational event.

The eighth annual Kids Safety Expo, slated for Saturday, July 30, will be free and open to the public. Event organizers include Market Mentors, LLC; 94.7 WMAS; Sports Radio 1450 the Hall; and the Masonic Youth Child Identification Program. Additionally, the event will feature complimentary bicycle helmets for the first 500 children attending, thanks to the generosity of AAA.

“We are grateful to partner with local businesses throughout Western Massachusetts. Initiatives like the Kids Safety Expo aid parents and give them valuable resources to keep their children safe,” said Michelle Abdow, president of Market Mentors, the full-service advertising agency and producer of the event. “We want children from our region to become the thought leaders of our next generation. The first step in making this happen is teaching kids the importance of safety education. The next step is to show kids the value of giving back to the community. This is something that is near and dear to our hearts at Market Mentors.”

For more information and pictures from past years’ events, visit kidssafetyexpo.com.

Daily News

BOSTON — For the second consecutive year, the Baker-Polito administration reduced the assessment rate employers pay to the state on workers’ compensation insurance policies.

For fiscal year 2017, employers will pay an assessment of 5.6% on their total insurance premium, a 3% decrease from the previous rate of 5.75%. The new rate went into effect July 1.

The Department of Industrial Accidents (DIA), an agency within the Executive Office of Labor and Workforce Development, administers the workers’ compensation insurance system and annually establishes assessment rates. During fiscal year 2016, the Baker-Polito administration reduced the rate from 5.8% to 5.75%.

“We are very pleased that we can lower this assessment rate to businesses once again this year,” Labor and Workforce Development Secretary Ronald Walker II said. “After reviewing the current assessment rate and the fund balance, we determined it was possible to reduce the rate again.”

Added DIA Director Linda Turner, “the reduction in the DIA assessment rate for the second year in a row is a clear statement of this administration’s efforts to reduce costs for businesses in the Commonwealth.”

The state workers’ compensation system is in place to make sure workers are protected by insurance if they are injured on the job or develop a work-related illness. Under this system, all employers in Massachusetts are required by state law to carry workers’ compensation insurance covering their employees. The insurance pays for any reasonable and necessary medical treatment for a job-related injury or illness, pays compensation for lost wages after the first five calendar days of full or partial disability, and in some cases provides retraining for employees who qualify.

DIA is funded through assessments on workers’ compensation policies and self-insurance programs for employers operating in Massachusetts. In addition, DIA collects statutory fines and fees. It also acts as a court system responsible for resolving disputed workers’ compensation claims, overseeing and adjudicating approximately 12,000 disputed cases each year.

Banking and Financial Services Sections

The Relationship Between Lender and Company Is a Key Factor

By Steve J. Schwartz, Esq. and David K. Webber, Esq.

Steve Schwartz

Steve Schwartz

David Webber

David Webber

In the May 13, 2013 issue of BusinessWest; we penned an article titled “A Primer on the ESOP.” This is an extension of that article that specifically focuses on financing an ESOP, or employee stock- ownership plan, and informs the reader of the lender’s concerns in making a loan as part of the structure of a leveraged ESOP.

In the prior article, we described an ESOP as follows: an ESOP is a qualified defined-contribution retirement plan established under §§ 401(a), 409, and 4975 of the Internal Revenue Code. Unlike other qualified plans, an ESOP is designed primarily to invest in shares of a closely held corporation, referred to in the code as ‘employer securities.’ The sponsor company may transfer the shares of common stock as a qualified contribution, or the ESOP may purchase shares from shareholders or the sponsor company. In a ‘leveraged’ ESOP, the company takes out a bank loan to fund the purchase, then lends the funds to the ESOP to finance the purchase of shares. A 100% sale of shares to an ESOP may require a series of smaller transfers because 100% bank financing is unlikely.

The selling shareholder may receive cash as partial or complete consideration for the shares. In the alternative, or in addition to cash, the selling shareholder may self-finance a portion by accepting a note as partial payment. As the note is paid off in installments, the plan trustee transfers shares to each of the employees’ accounts, eventually vesting all the stock in employee accounts in accordance with the terms of the plan.

The lender has its usual concerns in making the loan, which will eventually be used to purchase shares by the ESOP. The considerations do not vary much between financing an ordinary loan and financing an ESOP. The lender’s customary due diligence is utilized to assess the credit worthiness of a borrower. If the company is a customer of the lender, it will normally have a relationship with the current management.

If the ESOP is part of an exit plan and there will be a change of control, the lender will be concerned with the capacity of the new management team to manage the business. It is important that the new management team be involved in dealing with the lender in obtaining the loan. In the event there is not a change of control, it will also consider this issue for the future in case there is a change of control due to death or disability or part of a future plan to vest control in new management. Hopefully, the lender will have experience in dealing with an ESOP transaction.

It is important for the company to prepare a financial plan for the period of the loan so that its needs for financing are included in its request for financing. It is also important that working capital and other financial requirements are included in the request. The company’s request should consider any contingencies.

The lender will analyze the company’s financial circumstances, including the security for its loan and the ability of the company to make the loan payments. The lender will also consider the company’s other financing requests.

As part of the ESOP planning process, the company shall be required to engage an independent appraiser to determine the value of the shares to be sold as part of the ESOP.  The lender will review the appraisal carefully in its approval process. It will provide the lender with an independent view of the company and its prospects.

The terms of the loan should be keyed to the ability of the company to generate profits. However, there are limitations on the term. An ESOP is a retirement plan and must comply with applicable laws; the internal note and pledge agreement from the ESOP to the company will be subject to federal government scrutiny. A term that is too long, or an interest rate greater than market rate, is suspect because it could unduly favor the selling stockholder over the employees.

Shares are released to the employees’ individual accounts on the payment of the loan. A longer term would affect the release of shares to the ESOP participants: the longer the term, the slower the release of shares. The term and interest rate of the note should therefore be reasonably short (fewer than 10 years) in order to mitigate excess scrutiny from the IRS and Department of Labor.

The loan normally will be secured by all the assets of the company. It is not unusual for the lender to request the personal guaranty from the stockholders. Also, it may be necessary for the proceeds of the sale to be pledged as additional security for the loan. The lender may agree to reduce the additional collateral as the loan is repaid.

If the company has existing loans or new loans with the lender, there will be cross-collateralization, cross-default, and cross-guarantee agreements. If any loan is in default, the default will apply to all the other loans. In the event a stockholder is owed money by the company, the lender may require that the stockholder subordinate the obligation to the lender and restrict the payment terms of the obligation to protect the company’s cash flow. The lender may require life insurance on the management team to be assigned to the lender as additional collateral for the loan.

As with any loan, there will be annual reporting requirements, financial covenants, and other performance metrics. The terms should be clearly set out in the commitment letter. The lender may have other requirements such as insurance, landlord’s consent, mortgagee’s consent, and collateral control agreements if some of the assets are not on the premises of the company.

The loan from the company will be documented by a separate note and security agreement to be signed and delivered simultaneously with the loan to the lender. In addition, there will be a stock-purchase agreement between the ESOP and the seller(s) of the shares.

The lender will require that the proceeds of the ESOP loan must be used solely to purchase shares in the company.  The ESOP will be able to repay the note from company contributions to the ESOP or from dividends paid to the ESOP from the company.

In summary, the relationship between the lender and company is a significant factor in the establishment of the ESOP, financing the purchase of company shares and the future of the business.  Even if a lender is initially skeptical, the lender can become an invaluable part of the business-succession team once the plan has its blessing.

We want to thank Vicky Crouse and Frank Crinella of TD Bank, N.A. and L. Alexandra Hogan, Esq. of Shatz, Schwartz and Fentin, P.C. for their assistance in preparing this article.

Attorney Steven J. Schwartz, of Shatz, Schwartz and Fentin, P.C., concentrates his practice in the areas of family business planning, mergers and acquisitions, corporate law, and estate planning; (413) 737-1131; [email protected]. Attorney David K. Webber, of Shatz, Schwartz and Fentin, P.C., concentrates his practice in the areas of closely held business, corporate law, real estate, trusts and estates, and bankruptcy; (413) 737-1131; [email protected].

Departments People on the Move
Tejas Gandhi

Tejas Gandhi

Tejas Gandhi, the former chief administrative officer at Navicent Health in Macon, Ga. — where he led the organization through an era of positive change and restructuring, contributing greatly to its financial recovery — has been named chief operating officer at Baystate Medical Center. His appointment became effective June 13. Gandhi fills a position left vacant by Nancy Shendell-Falik, who for two years served in the dual position at Baystate Health as chief operating officer and senior vice president/chief nursing officer for Baystate Medical Center, prior to being named president of Baystate Medical Center and senior vice president of Hospital Operations for Baystate Health in October 2015. “Dr. Gandhi is a true change agent, whose culture-building skills and talents in the area of continuous process improvements will be an asset in leading Baystate Medical Center and supporting Baystate 2020, our health system’s strategic plan,” said Shendell-Falik. “His adherence to core values and accountability in all actions, as well as his advocacy of transparency, especially in his own interactions, will make him a key member of the Baystate Health family.” Gandhi, with 15 years of professional experience in healthcare administration, comes to his new position from a hospital similar to Baystate Medical Center — a 637-bed teaching hospital affiliated with Mercer University School of Medicine, a Level I trauma center and three-time Magnet designated hospital for nursing excellence nationwide. Prior to joining Navicent Health in 2013, Gandhi was employed by Virtua Health in Marlton, N.J., the largest comprehensive healthcare system in Southern New Jersey, where he helped change the overall culture to one of continuous process improvement, resulting in cost savings and key improvements for the organization. During his 10 years there, Gandhi oversaw the process-driven planning process for a new $618 million replacement hospital and regional ambulatory center, also leading successful initiatives to improve clinical safety and quality outcomes, as well as patient satisfaction and employee engagement. Gandhi attended the University of Bombay, India, where he received his bachelor’s degree in chemical engineering. He later received a master’s degree in industrial engineering from the State University of New York at Binghamton and a doctorate in health administration and leadership from Medical University of South Carolina.

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In a visit to the governor’s Western Mass. office in Springfield recently, Gov. Charlie Baker introduced Michael Knapik, a former state senator and state representative from Westfield, as the office’s new director. Knapik will be a primary liaison between the administration and constituents and communities in Western Mass. “With more than two decades of experience representing Western Mass. constituents, Mike is exceptionally qualified to lead our Springfield office,” Baker said. “Operating the office is one of the many essential tools we use to maintain an important relationship with the people, local leaders, and municipalities of Berkshire, Franklin, Hampshire, and Hampden counties.” Added Lt. Gov. Karyn Polito, “Mike will be an asset to both the administration and those serviced by the Springfield office. I look forward to working closely with him in his new role to continue building upon the strong relationships our administration has cultivated in the western part of the state.” Knapik said he is “excited to join the Baker-Polito administration and begin working with people across Western Massachusetts again. Western Massachusetts has a lot to offer, and I look forward to playing an active role in our communities and the overall conversation with the rest of Massachusetts on behalf of the administration.” Knapik served Westfield and 11 surrounding communities in the state Legislature for 22 years, first as a representative from 1991 to 1994 and then as a senator from 1995 to 2013.

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Kevin Maltby

Kevin Maltby

Bacon Wilson announced that attorney Kevin Maltby is now president of the Hampden County Bar Assoc. (HCBA) after taking the oath of office Wednesday in front of his partners and peers at the association’s annual meeting and membership dinner at the Springfield Sheraton. “I am enormously grateful to the members of the bar association for their confidence in me, and gratified to follow in the footsteps of my partners at Bacon Wilson, including past presidents Paul Rothschild, Hyman Darling, and Michael Ratner,” Maltby said. “I consider it an honor to be counted among their ranks. So many Bacon Wilson attorneys have, over their lengthy careers, given their time and legal skills to serve the Hampden County Bar.”

Michael Katz

Michael Katz

Michael Ratner

Michael Ratner

Paul Salvage

Paul Salvage

Also in attendance was attorney Michael Katz, who took office as chair of the bar’s Bankruptcy Section, while attorneys Michael Ratner and Paul Salvage were each honored for their 50 years of membership. Maltby has a long history of service and involvement with the Hampden County Bar Assoc. He has served on the bar’s board of directors each year since 2012. He was honored with the HCBA’s Access to Justice Pro Bono Publico Award for 2012 for his vision and implementation of the Springfield District Court Lawyer for the Day program. Additionally, in 2013, he received the Community Service Award from the Mass. Bar Assoc. Maltby is a member of the Massachusetts Supreme Judicial Court’s Standing Advisory Committee on Professionalism. He has extensive jury-trial and courtroom experience, and is a former prosecutor for the Northwestern District Attorney’s Office. He is also an adjunct professor of Legal Studies at Bay Path University in Longmeadow, where he teaches litigation, advanced litigation, criminal law, and evidence. He earned his law degree from Suffolk University Law School in 2001, and his undergraduate degree, cum laude, from UMass in 1998. In 2014, he was a recipient of BusinessWest’s 40 Under Forty distinction, and has been a named a Super Lawyers Rising Star for seven years, since 2009.

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The Westmass Area Development Corp. board named Eric Nelson the new president and CEO of the private, nonprofit, industrial- and business-development corporation that offers master-planned land resources at Chicopee River Business Park, Hadley University Business Park, Deer Park in East Longmeadow, and the historic Ludlow Mills. Nelson succeeds Kenn Delude, who is retiring after 10 years as president and CEO of the organization. Nelson has more than 30 years of experience in site development and design and has consulted on numerous industrial and commercial site-development projects. His background also encompasses financing development and creating public-private partnership agreements. Having served as senior vice president of Westmass for the past two and a half years and with Westmass since 2011, Nelson has conducted regular meetings with industrial and business prospects interested in Westmass properties, conducted pre-development site analysis and research, headed the process of zoning and building permits, and was responsible for project budgets and grant applications. According to John Maybury, Westmass board chair, “Westmass has been fortunate to have someone of Kenn Delude’s unique skills at the helm of the organization. We are equally fortunate to have Eric Nelson, who worked alongside Kenn for the past five years, making for a smooth transition. Eric has worked closely with Kenn and is intimately involved with all of Westmass’ industrial land resources in the region and in particular the Ludlow Mills preservation and redevelopment, an exciting project which is quickly approaching $100 million in investment and represents significant economic development for the region.” Maybury said Delude would continue to provide support to Westmass and the Ludlow Mills project through the transition in a consulting role as needed. Nelson is a registered professional landscape architect and holds U.S. Green Building Council LEED AP certification. He earned his master’s degree in landscape architecture from UMass Amherst.

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Madeline Presz

Madeline Presz

JGS Lifecare has named Madeline Presz executive director of Spectrum Home Health & Hospice Care. Presz is responsible for overseeing the daily operation of the home health and hospice program, including supervision of the team, financial performance, and delivery of quality care, as well as providing direct care. Presz brings 22 years of clinical experience in healthcare to this position. She is a registered nurse, certified in hospice and palliative care, gerontological nursing; and IV therapy, central line and TPN therapy. Before joining Spectrum, Presz served as executive director of the Loving Care Agency in Springfield. In this role, she was responsible for the clinical and operational programming for two pediatric and three adult home-care offices/teams.  Prior to that, she served as regional director of Clinical Operations for Life Choice Hospice in Auburn. She was also a clinical director/administrator at Solamor Hospice in Auburn and a clinical director of Allegiance Hospice in Shrewsbury. Presz has also served as director of Nursing at Wingate in East Longmeadow, and she started her career as assistant director of Nursing at Chestnut Hill Rehab in East Longmeadow. Presz has a bachelor’s degree in nursing from Elms College, graduating summa cum laude, and an associate degree in nursing from Springfield Technical Community College. She is also a member of the Sigma Theta Tau National Honor Society for nurses.

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Mary-Beth Cooper

Mary-Beth Cooper

Springfield College President Mary-Beth Cooper has been appointed by Gov. Charlie Baker to serve on one of three special commissions created under the landmark opioid legislation signed into law earlier this year. Cooper and the other appointees to the commission were sworn in by the governor recently at the State House. Cooper will serve on the special commission to study the incorporation of safe and effective pain treatment and prescribing practices into the professional training of students that may prescribe controlled substances. This special commission is tasked with developing recommendations to ensure future prescribers have an understanding of certain fundamental issues relative to the opioid epidemic, including pain treatment, pain-treatment planning, safe prescribing practices, and prescription monitoring. The appointed commission will submit recommendations on or before Dec. 1. “I’m honored to serve on this commission, representing our outstanding healthcare-preparation programs at Springfield College,” said Cooper. “I’m excited about the diversity of the commission, which includes family members of those who have struggled with opioid use, current healthcare providers, other educators, and committed community members all wanting to be a part of solutions to the opioid crisis.” Joining Cooper as appointees to the special commission are Todd Brown, vice chairman of the School of Pharmacy at Northeastern University; Dr. Nitigna Desai, director of Addiction Psychiatry at Bedford Veteran Affairs Medical Center and director of the Substance Abuse Service Line at New England Healthcare; Dr. Myechia Minter-Jordan, president and CEO of the Dimock Community Health Center; Brad Ulrich, regional vice president for Walgreens; and Joan Vitello-Cicciu, dean of the UMass Graduate School of Nursing.

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Brian Risler, Farmington Bank’s assistant vice president and mortgage sales manager for the Western Mass. region, has been named 2016 Affiliate of the Year by the Realtor Assoc. of Pioneer Valley (RAPV). The announcement was made during the association’s recent annual awards banquet on June 8. The award is the highest form of recognition given by the RAPV to an affiliate member who has shown outstanding service and devotion to the organization during the past 17 months in the areas of affiliate-related association activity, community service, and business activity. Risler has served in many capacities for the RAPV, including co-chair of its Education Fair & Trade Show, which was the association’s largest and most heavily attended event of the year. Risler also served on the Government Affairs Committee of the Mass. Assoc. of Realtors (MAR), advocating for private property rights and promoting MAR’s legislative agenda and positions on key issues. As affiliate of the year, Risler was also recognized for his involvement in the community. For instance, he has been a guest speaker for HAPHousing, the largest nonprofit developer of affordable housing in Western Mass., educating first-time homebuyers on the fundamentals of residential financing and how best to advocate for themselves as consumers. At Farmington Bank, Risler has more than 16 years of experience in residential mortgage banking in Massachusetts. Risler received a bachelor’s degree in business administration and finance from Stonehill College in Massachusetts.

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Elias Acuna, a real estate agent with Maria Acuna Real Estate in Springfield, has been named the 2016 Realtor of the Year by the Realtor Assoc. of Pioneer Valley (RAPV). The announcement was made during the association’s annual awards banquet held recently at the Log Cabin in Holyoke. As the highest honor given to a member, the Realtor of the Year award is bestowed upon one person who has shown outstanding service and devotion to the 1,650-member organization during the past 17 months in the areas of Realtor activity, community service, and business activity. A Realtor since 2004, Acuna serves on the association’s board of directors, finance committee, strategic planning committee, and young professional’s network committee, where he was chairman in 2015. He is a co-presenter at the bimonthly new-member orientation promoting involvement and member benefits. Acuna is a frequent technology instructor, teaching topics such as real-estate apps and social-media practices. At the state level, he is a member of the board of directors of the Massachusetts Assoc. of Realtors (MAR). He is the chairman of the Mass. Assoc. of Realtors young professional’s network committee and a member the MAR diversity committee. He participated along with 400 Massachusetts Realtors in the 2015 and 2016 Realtors Day on Beacon Hill to lobby on behalf of home ownership and private property rights. He attended the 2015 Massachusetts Assoc. of Realtors Convention and Trade Show.

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Berkshire Bank announced that Kathryn Dube, first vice president, wealth business development leader, was honored by the United Way of Pioneer Valley as Volunteer of the Year for the 2015-16 season. Dube joined the United Way of Pioneer Valley board of directors in 2007 and committed to this position until 2017. As an affiliate of the United Way, she has also held other titles, such as chairperson of the allocations and impact committee, chairman of the board, and founding member of the Women’s Leadership Council in Western Mass. in 2013. The award is based upon leadership, community engagement, and core values, among other essential qualities. The United Way of Pioneer Valley granted the award to Dube on June 22 at the Log Cabin in Holyoke.

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Greenfield Cooperative Bank and its parent company, Greenfield Bancorp, announced that the following seven directors were re-elected to three-year terms as directors of the bank and Greenfield Bancorp, MHC:
•Attorney Robert Carey, a principal in the Greenfield law firm of Curtiss, Carey, Gates & 
Goodridge, LLP, re-elected as clerk of the bank;
Kevin O’Neil, president of Wilson’s Department Store in Greenfield, re- elected chairman of the board;
Keith Finan, chief financial officer of Deerfield Academy;
• Attorney Daniel Graves, owner of the Law Offices of Daniel Graves in Greenfield;
• Attorney Peter MacConnell, principal in the law firm of Bacon Wilson, P.C., re-elected as a corporator for a 10-year term;
John Kuhn, principal in the firm of Kuhn-Riddle Architects in Amherst, re-elected as a corporator for a 10-year term; and
Robb Morton, CPA, principal in the accounting firm of Boisselle, Morton & Associates, LLP located in Hadley, also re-elected as a 
corporator for a 10-year term. Re-elected to 10-year terms as corporators of Greenfield Bancorp, MHC were Barry Roberts, president of Roberts Builders Inc.; Margarita O’Byrne Curtis, head of school at Deerfield Academy; and Douglas Clarke, retired after many years with Western Massachusetts Electric Co., now Eversource.

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.

Hampshire District Court

Western Development Corp. v. James Rule, Marjorie Rule, Kenneth Wood, and Urshula Wood
Allegation: Breach of Contract: $261,000
Filed: 06/28/16

Springfield District Court

Perkins Paper Inc. v. The First Chandler Corp. dba Betsy’s Diner
Allegation: Breach of contract, failure to pay for goods: $27,102.98
Filed: 05/16/16

Springfield Superior Court

Grimes Horticulture Inc. v. Liberty Family Farms Inc.
Allegation: Breach of contract, failure to pay for goods: $108,948.45
Filed: 06/16/06

Westfield District Court

NFR Distributors Inc. v. AMS Flooring LLC, Dave Minchuk, and Julia Minchuk
Allegation: Breach of contract: $6,834.84
Filed: 05/20/16

Gilbert & Sons Insulation Inc. v. David Minchuk
Allegation: Breach of contract: $9,415.43
Filed: 05/19/16

Springfield Electrical J.A.T.C. v. Brian Biuso aka Brian J. Biuso
Allegation: Breach of apprentice scholarship loan agreement and apprentice promissory note: $11,896.26
Filed: 06/10/16

Amalia Fitzgerald and Robert Fitzgerald v. Big Y Foods Inc.
Allegation: Negligent display of bottled water obscured view of water on floor resulting in injury: $3,025.97
Filed: 06/08/16