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Agawam
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community remain low compared to the community as a whole. As a former Agawam school superintendent, Sapel- li supports this direction.
“The hybrid approach has been working for Agawam. First, we’re mak- ing sure everyone is safe so we can get our students in front of teachers,” he said, adding that parents who are uncomfortable with the hybrid model may choose remote learning full-time.
Bars and restaurants everywhere have greatly suffered during the pan- demic from mandated closings, lim- ited seating, and other restrictions. To support those businesses in Agawam, the City Council and the mayor have co-sponsored a resolution to waive the $1,500 liquor-license fee in 2021 for all bars, restaurants, and banquet halls.
“We recognize they’ve lost a lot of revenue and have not been able to host the types of events and gatherings they
New Year
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external disability claims. Providing an accurate job description to an employee’s medical provider can also help determine whether an employee can per- form their job with or without an accommodation or qualify for a leave of absence.
Another good business practice is employee train- ing. Training managers and supervisors is especially important. Indeed, such trainings can help them understand company policies and their roles and responsibilities under these policies. Particularly important trainings for managers include anti-dis- crimination and anti-harassment, employee disabili- ties and recognizing requests for reasonable accom- modations, and effective employee discipline and documentation.
Many employment issues that eventually evolve into litigation stem from actions or inactions of man- agers or supervisors. Employers should regularly con-
Vaccines
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Public-health Experts Warn Against Mandates for Now
Even if employers can legally mandate COVID-19 vaccinations, U.S. Surgeon General Jerome Adams recommends against it. “Right now, we are not rec- ommending that anyone mandate a vaccine,” Adams said in a recent interview with Yahoo Finance, noting that Pfizer’s vaccine hasn’t been fully approved yet. According to Saad Omer, a vaccinologist and infec- tious-disease epidemiologist at Yale University, “man- dates shouldn’t be the frontline policy option.”
Avoid the Backlash
A vaccine mandate could trigger employee-morale issues. Vaccine hesitancy is a concern across the country. One study revealed that more than one-third of Americans would refuse a COVID-19 vaccine if offered one. However, other data suggests that Ameri- cans’ willingness to take a COVID-19 vaccine has
normally do,” Sapelli said. “Waiving the fee is one thing we can do during the pandemic to help local businesses in these tough times.”
The fee waiver is just one of the ways the City Council and the mayor are working together to help local busi- nesses, he added. “We are business- friendly. When a new business wants to locate in Agawam, we try to expedite the permitting process by having a team meeting that includes everyone from our fire and police departments to the health inspectors and building inspectors. They all meet together with the business owner, so it becomes one- stop shopping.”
House Calls
That cooperative attitude makes
life easier for Marc Strange, director of Planning and Community Develop- ment in Agawam, who told Business- West about several projects in the area of South Westfield Street in the Feeding
Hills section of town. One of the most anticipated projects is the Villas at Pine Crossing, an over-55 community that will add 44 units of senior housing to the market.
“Our office frequently gets calls from residents who are looking to downsize, but they want to stay in Aga- wam,” Strange said. “The designs at the Villas are more friendly for an aging population, something that is desper- ately needed in Agawam and every- where else.”
He said he’s grateful the developer chose Agawam for the Villas, and wel- comes similar projects. “We’re hoping this will trigger future developments for 55-plus communities in Agawam.”
The land parcel that was once the Tuckahoe Turf Farm sits adjacent to the Villas at Pine Crossing. After years of considering new uses for the property, Agawam officials are now looking at a solar-energy installation for part of the site. “The revenue from the solar field will allow us to develop the rest of the
property for recreational uses, such as walking trails and such,” Sapelli said. Agawam also completed a project
in 2020 to convert all its streetlights to LED fixtures, which emit brighter light but also help the city reap potential savings of $220,000 every year. “Aga- wam is looking to save about $100,000 per year in energy costs and nearly $120,000 per year in streetlight mainte- nance,” Strange said.
During construction of the Morgan- Sullivan Bridge, crews are using two desirable land parcels to stage and store equipment. Once the bridge is complete, those two parcels will be available for development as well.
“To be clear, as exciting as it is to market prime commercial sites, the new bridge will have an impact on the town that goes well beyond those two parcels,” Strange said.
All of which promises a brighter future for Agawam — literally and figu- ratively. u
“The cost of defending expensive litigation far exceeds the investment in taking proactive, preventive steps to reduce the risk of litigation. Therefore, employers should consider conducting an internal audit at the beginning of each and every new year.
”
duct trainings to give these key employees the knowl- edge and skills required to enable them to properly handle situations as they arise.
The cost of defending expensive litigation far exceeds the investment in taking proactive, preven- tive steps to reduce the risk of litigation. Therefore, employers should consider conducting an internal audit at the beginning of each and every new year. u
risen as data on the vaccines’ efficacy have emerged. Many people have said they are more comfortable waiting a few months to get the vaccine. Employers need to be sensitive to employee concerns if vacci- nation is mandated as soon as it becomes publicly available.
Reduce Potential Legal Liability
Employees injured by a mandated vaccine may bring legal claims for workers’ compensation, negli- gence, and OSHA violations. It is difficult to predict the success of such claims. The ability to argue that government recommendations were followed would go far in defending against them. Limiting a vaccine mandate to high-risk positions or workplaces may also reduce potential legal liability and employee backlash.
Wait and See Is the Way to Go
Most Massachusetts non-healthcare employers
Amy B. Royal, Esq. is a litigation 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; (413) 586-2288; [email protected]
and their employees are not going to have access
to any vaccines before the spring of 2021. So most employers can wait to decide to mandate vaccines simply because there won’t be vaccines immediately available.
In the meantime, employers should be prepared to provide reliable information; reinforce other steps to protect employees and the public, like continued screening, fitness-for-duty programs, and contract tracing; implement employee incentives for voluntary vaccinations; and consider mandatory rapid testing, as those products come to market, as an alternative to mandatory vaccination. u
Timothy Murphy is a partner at Skoler, Abbott & Presser, P.C., focusing his practice on labor relations, union avoidance, collective bargaining and arbitration, employment litigation, and employment counseling.
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