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Law

Strengthening the Workplace

By Kayla Snider, Esq.

 

Coldplaygate, from this past July, serves as a stark reminder that, in an era where the internet, social media, and memes reign supreme, businesses face heightened accountability and more scrutiny than ever.

Unfortunately, you don’t often hear about businesses doing right by their employees. Instead, employers typically make the news when things go wrong and the consequences become significant. And in this day and age, that could mean becoming the next big meme sweeping across the internet.

Between changing laws, evolving social norms, and rising employee expectations, businesses are under constant pressure to get things right. While having written policies and procedures on hand are important, what is more important is how employers practically handle and implement their policies and procedures. Does your employee handbook sit on the shelf and collect dust year after year? Or are you taking a proactive approach to employee relations that truly reveals the integrity of your organization?

Kayla Snider

Kayla Snider

“Does your employee handbook sit on the shelf and collect dust year after year? Or are you taking a proactive approach to employee relations that truly reveals the integrity of your organization?”

It is important to ensure that you handle processes effectively through the entire employee life cycle. This involves adequate training, robust investigations, and fair, business-based reasons for employee discipline.

 

Do Not Treat Training Like a Checkbox

It’s tempting for businesses to treat employee training like a one-and-done requirement, especially when it comes to harassment prevention or workplace ethics. But this line of thinking is dangerous. Training is almost always the first line of defense in preventing workplace misconduct. Moreover, being able to present evidence of proactive training in the workplace can bolster an employer’s defense if a business faces litigation.

Training isn’t just about legal compliance; it’s also about the culture of your business. It’s your first and best chance to set expectations, prevent problems, and show employees you take their rights and responsibilities seriously.

Training should not be limited to avoiding harassment claims. In today’s diverse workplaces, training on unconscious bias, workplace civility, and professional ethics can strengthen team cohesion, reduce conflict, and demonstrate your commitment not only to following the law, but also to being culturally aware and inclusive. Good training should be regular, interactive, and tailored to your workforce. Don’t just focus on what’s illegal — help your people understand what’s respectful, ethical, and expected in your business.

 

Investigations: Not Just a Legal Duty, But a Trust-building Opportunity

When something goes wrong, whether it’s a harassment complaint, bullying, or a policy violation, how an organization responds says a lot. Massachusetts courts have consistently emphasized the need for prompt and impartial workplace investigations when allegations of misconduct arise. But prompt and fair investigations aren’t just about protecting the business; they’re about protecting the people who show up to work for you and support your business day in and day out.

Whether you use an internal HR professional or an outside investigator, the process must be fair, objective, and well-documented. Above all, employees need to know their concerns will be taken seriously. If you address employee concerns promptly and fairly, then it is more likely that employees will feel confident in your reporting system. This helps ensure that employees bring issues to your attention — rather than suffering in silence until they cannot take it anymore and quit, then file a hostile work environment lawsuit in court.

 

Fair Discipline: the Overlooked Cornerstone of Integrity

Let’s talk about discipline. Now, I am sure you are all familiar with the ‘big stuff’ (the formal write-ups or terminations), but what I want to focus on, and what I think really matters, is consistency. Is everyone being treated the same way? If two employees break the same rule and only one is disciplined, that’s a lawsuit waiting to happen.

Businesses should have a clear process for addressing misconduct and should give employees a chance to respond. This isn’t just best practice; it helps demonstrate that the business operates with integrity. Discipline should also be consistent, proportional, and grounded in clearly established policies. This means that anyone who is responsible for disciplining employees should know your policies.

If your business has a policy of progressive discipline, then you should follow that progressive process and, if you are going to skip steps, make sure that you have a good reason to do so that is well-documented.

This leads me to my next point: documentation is also key. Document, document, document. Strong documentation is important not only to create a record for the organization, but also for the employee because they may have questions that are harder to answer if you do not have a record of what happened and why.

 

Bottom Line: Get These Three Things Right

At its core, a strong workplace culture is one that aligns with legal compliance. Training, investigations, and discipline are the three pillars of a responsive and responsible employment environment. And while training, investigations, and discipline sound like dry HR topics, they’re anything but. These practices are where the law meets workplace culture, and they say more about your business than any mission statement ever could.

When employers commit to doing these things right — not just to avoid lawsuits, but because it’s the right thing to do — they create stronger, safer workplaces for everyone.

 

Kayla Snider is an associate attorney with Skoler, Abbott & Presser, P.C., a Springfield-based law firm exclusively practicing labor and employment law for more than a half-century, focusing on litigation avoidance, employment litigation, and labor law and relations.

Manufacturing Special Coverage

Reducing Barriers to Employment

Earlier this month, the Healey-Driscoll administration launched the Massachusetts Workforce Skills Fund, a pilot stipend program to provide financial support for eligible unemployed and underemployed Massachusetts residents enrolled in job training, including the Career Technical Initiative and Workforce Competitiveness Trust Fund programs.

Administered by the Executive Office of Labor and Workforce Development in partnership with Commonwealth Corp., the Workforce Skills Fund is designed to reduce barriers to job training and employment by providing financial support for eligible trainees and also attract and retain untapped talent pursuing skills and credentials for in-demand occupations in manufacturing, construction, healthcare and human services, and more.

The Massachusetts Workforce Skills Fund builds on strategies outlined in the administration’s Massachusetts Workforce Agenda, titled “Meeting the Moment to Attract, Retain, and Develop a Future Workforce,” released earlier this year. The document outlines the administration’s vision, goals, and strategies to support workforce development statewide, and recognizes a stipend program as a resource to attract and retain talent by providing greater means to pursue and persist in job-training programs that ultimately lead to employment outcomes.

Stipends are awarded to participants based on training duration and issued upon completion of three milestones. Participants in training programs that are fewer than three months will receive $3,000, and participants in training programs longer than three months will receive $5,000. Stipends are issued following the first two weeks of training, at the completion of the training program, and upon post-training employment.

“This new program through the Massachusetts Workforce Skills Fund is a meaningful step toward eliminating barriers to employment and building a strong and inclusive workforce,” Gov. Maura Healey said. “By addressing financial obstacles, this initiative will increase access for more individuals to succeed, compete, and contribute to our growing workforce.”

Gov. Maura Healey

Gov. Maura Healey

“This new program through the Massachusetts Workforce Skills Fund is a meaningful step toward eliminating barriers to employment and building a strong and inclusive workforce. By addressing financial obstacles, this initiative will increase access for more individuals to succeed, compete, and contribute to our growing workforce.”

Added Lt. Gov. Kim Driscoll, “as we support economic opportunity and mobility for Massachusetts residents, this new stipend program is an actionable approach to empower unemployed and underemployed individuals who we need active in our workforce. By offering this resource, our administration will maximize the labor potential of untapped talent, supporting both labor productivity and addressing larger social inequities within our workforce.”

 

Targeted Impact

The Workforce Skills Fund is being implemented for two specific, pre-existing programs that focus on unemployed and underemployed workers: the Career Technical Initiative (CTI) and the Workforce Competitiveness Trust Fund (WCTF). The stipends are a fixed amount of flexible dollars provided directly to individuals who will enroll in either of the two eligible approved training programs.

WCTF and CTI programs are designed to attract unemployed and underemployed workers. Yet, an array of barriers may hinder participants and prospective participants from enrolling, completing training, and entering the labor market, such as costs for childcare, transportation, and digital equipment. The stipend program through the Massachusetts Workforce Skills Fund aims to address these and other challenges, facilitating greater access to workforce opportunities.

“As Massachusetts strengthens its world-class workforce, we must provide a world-class support system with greater intentionality to reduce barriers to employment and support persistence and success in job-training programs,” Secretary of Labor and Workforce Development Lauren Jones said. “By launching he Massachusetts Workforce Skills Fund and initiating this stipend program, the Healey-Driscoll administration is teaming up with training providers and proven workforce programs to further attract and retain untapped talent and provide added resources aimed at improving outcomes and opportunities for more job seekers in Massachusetts.”

Lauren Jones

Lauren Jones

“As Massachusetts strengthens its world-class workforce, we must provide a world-class support system with greater intentionality to reduce barriers to employment and support persistence and success in job-training programs.”

Molly Jacobson, president and CEO of Commonwealth Corp., said her organization is excited to see the tangible impact the Massachusetts Workforce Skills Fund will have on job seekers’ lives across the Commonwealth. “This initiative not only provides essential support for people who need it, but also encourages participants to seize new opportunities for their future.”

Meanwhile, Department of Transitional Assistance (DTA) Commissioner Jeff McCue said the Workforce Skills Fund will be an instrumental resource for clients to utilize as they strive to reach their career goals and full employment potential, by providing flexible dollars that will help individuals and families overcome barriers to participating in the workforce.

“The Department of Transitional Assistance currently serves one in six Massachusetts residents with food and cash assistance,” he noted. “In addition to providing essential resources to the most vulnerable people in the Commonwealth, DTA also aims to connect clients with meaningful employment to improve economic mobility for families and ensure their long-term success.”

 

Statements of Support

Aisha Francis, president and CEO of Franklin Cummings Tech in Boston, called the Massachusetts Workforce Skills Fund a crucial resource for the Commonwealth’s technical and trade workforce.

“Stipends make it possible for individuals to complete high-quality training and secure jobs,” she added. “In partnership with the Workforce Competitive Trust Fund and JVS, Franklin Cummings Tech sees the positive impact of financial support on program outcomes. I applaud the Commonwealth’s leadership for recognizing this opportunity and acting quickly to innovate.”

Paul Bello, director of Career and Community Development at South Shore Vocational Technical High School in Hanover, noted that the school will train hundreds of veterans and unemployed or underemployed residents on the South Shore to prepare them for fulfilling jobs in carpentry, manufacturing, landscaping, welding, hospitality, automotive, and HVAC, and looks forward to assisting residents as they embark on new careers with new skills.

“There is great confidence that this program will make an immediate positive impact in people’s lives and will help produce vital members of the workforce in the South Shore area and around the Commonwealth of Massachusetts, he added.

Meanwhile, Susan Almono, director of Grants and Workforce Development at Greater Lawrence Technical School in Andover, noted that the school has provided adult workforce-development training to hundreds of area residents through the Career Technical Initiative.

“We are proud to facilitate entry into lucrative technical careers. However, often candidates can’t take advantage of this opportunity because they need to work rather than increase their skills, in order to pay the bills. We’re thrilled with the new Mass Workforce Skills Fund stipend program and the impact it will have on the lives of area residents. Trainees will be sustained through training and have access to career ladders to stability.”

 

Opinion

Opinion

By John Henderson

We’ve all heard the famous quote by Henry Ford, “the only thing worse than training your employees and having them leave is not training them and having them stay.”

When you invest in someone’s professional growth, how do you measure the return on your company’s investment? There are several models that can help you measure return on investment (ROI). One model that many people use is the Kirkpatrick Model of Training Evaluation. In this model, there are four levels to evaluate:

• Level 1: Reaction. This is simply noting how people directly respond to the training. Were they satisfied? You can measure that by evaluation responses.

• Level 2: Learning. What knowledge and skills did the employee acquire due to the training? This can be measured by observing the employee’s performance after the training — was there improvement?

• Level 3: Behavior. How did the employee’s behavior change? Has there been an increase in productivity, motivation, and employee engagement?

• Level 4: Impact. How has the training impacted the goals of the team and/or organization?

While the Kirkpatrick model is widely used, if you are looking for a more mathematical way to measure ROI, you can use a more traditional formula: simply calculate the dollar return (benefit: have sales increased, have efficiencies increased, has retention increased), and divide it by the cost of the investment (training).

Now, with all that said, let’s look at how to effectively get the most return on training investment.

First, determine the skills gap and identify the appropriate training course for the person to attend.

Second, set them up for success by doing the following:

• Explain to the person why you are sending him or her to the training session. I once had a participant during a break tell me he thinks he was sent to the leadership series because he was in trouble. I asked him if he would be comfortable asking his supervisor why he was selected to attend. When he returned to the next class, he proudly proclaimed, “I’m here because they think I have high potential to be a leader.”

• Provide the person with all the logistical information and an overview of what the content of the training will be.

• Provide the trainee’s supervisor with the same information.

• Encourage the trainee and supervisor to meet after the training is completed to discuss what was learned and how the employee intends to use the newly learned skills.

Investing in your employees’ training can bring great ROI if you make sure to follow the four steps outlined above. Don’t spend your learning and development dollars without ensuring that the participant is prepared and ready to learn.

 

John Henderson is director of Learning and Development at the Employers Assoc. of the NorthEast. This article first appeared on the EANE blog; eane.org

Law

Walking a Fine Line

By Trevor Brice, Esq.

 

As Massachusetts employers know, one of the best defenses to a discrimination or retaliation suit is to implement preventive measures. One of the most commonplace of these preventive measures is anti-harassment training courses for the workforce that can show the employer is in compliance with state and federal law.

However, a recent case shows that this preventive measure, while it is virtually always a helpful addition to an employer’s preventive measures against discrimination and retaliation, can go too far if not managed or implemented properly.

 

Anti-harassment Training Can Benefit the Workplace

Generally, anti-harassment training is a helpful addition the employer’s tool chest for preventive measures against discrimination and harassment. It gives employees the tools to be able to identify situations in which employees are harassed, discriminated against, and/or retaliated against; identify the classes upon which discrimination, harassment, and retaliation are illegal; and utilize the employer’s reporting procedures to prevent further discrimination, harassment, and retaliation when it is identified.

When deployed properly, anti-harassment training has the effect of creating, at the very least, a discussion in an educational environment about the influence of discrimination, harassment, and retaliation within the workplace.

“Generally, anti-harassment training is a helpful addition the employer’s tool chest for preventive measures against discrimination and harassment.”

Anti-harassment training also makes for an open forum in which employees can learn basic concepts that will make for a safer and inclusive environment that will help to prevent illegal discrimination, harassment, and retaliation. The court in the recent case of De Piero v. Pennsylvania State University acknowledged the positives in anti-harassment trainings, stating that “training on concepts such as ‘white privilege,’ ‘white fragility,’ implicit bias, or critical race theory can contribute positively to nuanced, important conversations about how to form a healthy and inclusive working environment.”

 

Anti-harassment Training Can Create a Hostile Work Environment

However, the court in De Piero also pointed to a more novel concept, that anti-harassment training can make for a hostile work environment. The plaintiff in De Piero sued on the hostile work environment theory, stating that he had to attend at least five conferences or trainings that discussed racial issues in “essentialist and deterministic terms, ascribing negative traits to white people or white teachers without exception and as flowing inevitably from their race.”

In order to prove hostile work environment, the plaintiff had to prove that he suffered intentional discrimination because of his protected status; the discrimination was severe or pervasive, it detrimentally affected him, and it would detrimentally affect a reasonable person in like circumstances (Castleberry v. STI Grp.).

In this case, the defendant employer moved to dismiss the plaintiff’s complaint, stating that the anti-harassment training did not create a severe or pervasive work environment and that it did not interfere with the plaintiff’s work performance.

However, the plaintiff succeeded, with the court ruling that the plaintiff had pled sufficient facts to go forward with his hostile work environment claim. Specifically, the court stated that the plaintiff “was obligated to attend conferences or trainings that discussed racial issues in essentialist or deterministic term, ascribing negative traits to white people or white teachers without exception.”

The court pointed out a training in which the trainer in the anti-harassment conference forced the plaintiff and other white and non-Black people to hold their breath longer to feel pain. It is this and other examples from the defendant’s anti-harassment training that led the court to conclude that the plaintiff’s hostile work environment claim could survive.

 

Conclusion

While the De Piero decision points to how employers can have possible liability when implementing preventive measures, employers should not abandon anti-harassment training and other preventive measures. The court specifically stated that anti-harassment training can aid employers and that “discussing in an educational environment the influence of racism on our society does not violate federal law.”

The takeaway from the De Piero decision is therefore not to eliminate anti-harassment training, but to instead emphasize that the communication and substance of these trainings matter and that anti-harassment trainings can violate federal law if not implemented properly. If employers have questions or concerns about their anti-harassment training following this decision, it is prudent to contact employment counsel.

 

Trevor Brice is an attorney who specializes in labor and employment-law matters at the Royal Law Firm LLP, a woman-owned, women-managed corporate law firm that is certified as a women’s business enterprise with the Massachusetts Supplier Diversity Office, the National Assoc. of Minority and Women Owned Law Firms, and the Women’s Business Enterprise National Council.

Daily News

SPRINGFIELD — The National Endowment for the Humanities (NEH) has announced its support of Western New England University’s proposed project entitled “Interdisciplinary Ethics Training for Students in the Biosciences.” The grant provides $35,000 in funding through its Humanities Connections grant program, an initiative designed to expand the role of the humanities in undergraduate education.

Under the direction of Assistant Professor of Philosophy Valerie Racine and Assistant Professor of Biomedical Engineering Devina Jaiswal, the grant funds will be used to develop a certificate program in Ethics of Scientific Research and Technological Innovation, with a focus on creating experiential learning opportunities for students, and fostering cross-college faculty collaborations in teaching and research.

“We believe this initiative will help break down disciplinary silos and establish a flourishing partnership between the humanities and science and engineering at Western New England University; one that will better equip our students to face the complex challenges of tomorrow,” said Racine.

The NEH Humanities Connections awards support innovative curricular approaches that foster productive partnerships among humanities faculty and their counterparts in the social and natural sciences and in pre-service or professional programs (such as business, engineering, health sciences, law, computer science, and other technology-driven fields), in order to encourage and develop new integrative learning opportunities for students.

“By providing coursework in the Liberal Arts and Humanities for all undergraduates, the Western New England University College of Arts and Sciences plays an important role in holistic student development. A foundation in the liberal arts and humanities provides context for ethical decision-making, social responsibility, and the role humanity must play in harnessing technology and science for good,” said WNE University Interim Provost Dr. Curt Hamakawa.

Daily News

HOLYOKEEmpowering Women in the Workplace is the theme of the second Women’s Leadership Luncheon Series sponsored by Holyoke Community College and its Training and Workforce Options collaborative.

The 2020 Women’s Leadership Luncheon Series, postponed from spring due to COVID-19, is now being held over Zoom on the last Wednesdays of August, September and October from noon to 1 p.m.

Each lunch-time event features two presenters leading discussions on different topics.

The Aug. 26, session will be led by Denise Jordan, executive director of the Springfield Housing Authority, and Julie Quink, managing partner of Burkhart, Pizzanelli PC.

The series is sponsored by HCC and Training and Workforce Options — TWO — a collaboration between Holyoke and Springfield Technical community colleges.

The Sept. 30 session, Comfortable in Your Own Skin, Finding Your Voice, will feature Tanisha Arena (executive director, Arise for Social Justice) and Pam Victor (owner, Happy Valley Comedy Theater).

On Oct. 28, Colleen Loveless (president and CEO, Revitalize Community Development Corporation) and Nicole Palange (vice president, V&F Auto) will lead a discussion titled Women Leaders in Non-Traditional Businesses.

HCC president Christina Royal and Amanda Sbriscia, HCC vice president of Institutional Advancement, led off the reimagined monthly Women’s Leadership Luncheon Series on July 29 with a session on Leading Through Change.

Each session is $20 each, or $50 for the final three.

Registration is required. Space for each luncheon is limited to 25.

To register, please go to: hcc.edu/womens-leadership

For more information, contact Michele Cabral at [email protected]; (413) 552-2257; Sharon Grundel at [email protected]; (413) 552-2316; or Tracye Whitfield at [email protected]; (413) 221-4443.

Education

Joint Effort

Jeff Hayden says the Cannabis Education Center is a much-needed training ground that will support the growth of an industry on the rise in Holyoke and across Massachusetts.

Investment, job creation, and tax revenue.

According to Jeff Hayden, vice president of Business and Community Services at Holyoke Community College (HCC), these are the three keys to economic development.

They’re also precisely what the cannabis industry is bringing to the state of Massachusetts, which is why HCC has created the Cannabis Education Center, a new series of non-credit courses that provide skilled workforce training to prepare participants for a career in the cannabis industry.

HCC has partnered with the Cannabis Community Care and Research Network (C3RN) to create the first-ever cannabis training center in the state, and classes and programs are in full swing.

Hayden said the conversation about a cannabis training course started two and a half years ago, when discussion was heating up across the Bay State about the prospects of legal, adult-use cannabis — and how the Cannabis Control Commission would handle an expected proliferation of businesses. Once word got out that the commission would be licensing companies — and, therefore, creating jobs in the state — HCC jumped into action.

“Right now, there are about 75 employees in Holyoke who work for cannabis companies, but the projection is that, within a year of those licenses being granted to them, there will be somewhere between 400 or 500 employees in Holyoke.”

“When we heard that, we started to look around for different resources to try to learn more about what was going to happen, and especially what was going to happen in terms of the workforce training and how does someone get ready for the jobs that are going to come in this field,” he told BusinessWest.

About 14 companies have already applied for 21 licenses, and counting, in Holyoke alone. Two are active, both run by Green Thumb Industries on Appleton Street, and the rest are provisional or pending. But that won’t be the case for long.

“Right now, there are about 75 employees in Holyoke who work for cannabis companies, but the projection is that, within a year of those licenses being granted to them, there will be somewhere between 400 or 500 employees in Holyoke,” Hayden said.

Soon, the demand for trained, qualified employees in several different cannabis careers will skyrocket, and there needs to be people to fill those positions.

That’s where HCC comes in.

Growing Like a Weed

Hayden says there are currently five key pillars under the Cannabis Education Center’s umbrella: community education, meaning teaching people all about the cannabis industry; social-equity training; occupational training; custom contract training to cannabis businesses, including communication, leadership, and mentorship skills; and developing different trainings that would be useful for the industry.

Sage Franetovich says there’s a lot of curiosity around the subject of cannabis, and she expects the career prospects to draw people from different backgrounds.

“In all these pillars that we have, we hope that we’re providing a broad-based approach to the industry to either the job seeker or the business so that they can get the training and skills they need either to get on that career track or to be able to be a successful business,” said Hayden. “The hope, really, in terms of what they walk away with, are stackable credentials.”

A few examples of rising careers in this industry are cannabis culinary assistant, cannabis retail/patient advocate, cannabis cultivation assistant, and cannabis extraction technician assistant.

But HCC’s cannabis education doesn’t stop at the center. The college is also soon to offer its first credit-based cannabis-related course, called “Cannabis Today,” through its Sustainability Studies program. While no cannabis will be allowed on campus, the programs will use off-site locations for programs that require practice with the plant.

Sage Franetovich, Biology professor at HCC, will be teaching the class and said she has been working on developing the curriculum for the fall of 2020, and hopefully sooner, in the summer, if all goes well.

“With a response to the growing market and job market, we decided it would be a good fit to offer a course on cannabis cultivation with a focus on hemp,” she said.

The class will target topics such as the cultivation of hemp, indoor growing versus outdoor growing, and plant diseases and pest management.

Franetovich said she has been working with several people in the cannabis industry to develop the best possible curriculum for the class. “I think there’s a lot of curiosity around the subject, and I think that will be a draw for people from different backgrounds.”

All this activity comes in response to what will soon be incredibly high (no pun intended) demand for a cannabis workforce.

“When you start to think about that many new people coming in, that’s the equivalent of some of the large things that have happened regionally, like the CRRC company in Springfield, or MGM,” Hayden said.

And this center is striving to prepare people for careers in cannabis with everything from knowledge of the cannabis plant to knowledge of the industry itself, to understanding the commission’s regulations and how those impact the way they’ll do their jobs.

For example, a culinary technician working with edibles needs to know some of the ways the chemicals impact the edible product, specific measurements, levels of dosing, and more.

In the end, all this training is an investment that will, hopefully, bring the city of Holyoke a lot of jobs, and a lot of revenue.

High Expectations

Hayden estimates that between $20 million and $30 million has already been invested in the cannabis industry in Holyoke alone, despite only two operating licenses so far. He says the taxes going to the state will be significant, but 3% of sales also goes to the municipality. That means $1 million in sales equals $30,000 in taxes for the city of Holyoke.

“It’s a significant amount of money that the town can garner,” he said. “This past year, we’ve already received over $100,000 from cannabis-related companies for the city of Holyoke with only two licenses.”

And, so far, the response to the center has been positive, he noted. One of the first programs, a one-time class on the business and accounting side, drew 15 participants, and more than 100 people have expressed interest in training.

The first occupational training course began on Jan. 25 at the HCC MGM Culinary Arts Institute and will continue for five more Saturdays for eight hours a day. C3RN will then place those who successfully complete the course in internships with local companies.

The ultimate goal of all these trainings is not simply to hand participants a diploma, but give them several certifications that will allow them to thrive in every aspect of the field.

“That’s really what we’re shooting for, someone who’s got multiple pieces of paper,” Hayden said. “It’s not just one diploma, it’s multiple pieces of paper that show to an employer that they’re ready for the job and that they can learn from the employer in terms of the skills they need for the future.”

Kayla Ebner can be reached at [email protected]