15 minute read
Legislative Update
Mark Molloy, Esq., Cascade Strategies LLC
HireNow Program Established; Aims to Speed Up Employment
At the end of March, the Baker-Polito Administration launched a new hiring and training employer grant program, “HireNow,” which will help employers quickly hire and train new workers and get more people back to work. The new program provides eligible employers with a $4,000 per employee grant, which can be used to cover training costs or as a signing bonus for new employees. By providing employers with these flexible funds to facilitate quick hiring, the Administration is focusing on addressing continued hiring challenges faced by employers and increasing labor force participation.
According to a press release from the Administration, the program is open to all Massachusetts employers, including both for-profit and non-profit entities (excluding federal, state, and municipal governments). HireNow aims to address hiring challenges faced by employers that have been brought about by the COVID-19 pandemic. According to a recent analysis of Bureau of Labor Statistics data, there are over 85,000 workers not participating in the labor market compared to prepandemic levels. Meanwhile, employers’ need for workers has continued to increase, with unfilled job postings up 20% compared to pre-pandemic levels and approximately 200,000 open jobs available across the Commonwealth.
The HireNow program will be supported by $50 million in American Rescue Plan Act funds. Program Details include the following: • Employer Eligibility: Any Massachusetts employer who is in good standing with Department of Unemployment Assistance and Department of Revenue obligations and is not de-barred by thestateiseligible(excludingfederal,state,and
municipal governments). Applications must be submitted by the employer, not an education or training partner. • Application Process: Employers must pre-register online at Mass.Gov/HireNow by providing employer information. Following the employee’s hire and 60-day retention period, employers will submit a final application for funding. The Commonwealth will also approve the planned use of the funds (training costs, signing bonus, etc.) when approving the application. • Eligible Hires: Hires must be made after
March 23, 2022, be retained for a minimum of 60 days, and be placed in jobs that are at least 30 hours per week. New hires need to be Massachusetts residents employed in Massachusetts. There are also limits on compensation: • Minimum eligible compensation: $14.25/hr (minimum wage) • Maximum eligible compensation: $42.5 /hr (~$85K annualized) • Funding: up to $4,000 for each eligible employee hired, with a limit of $400,000 per employer. Funds will be provided on a first-come, first-served basis.
Eligible employers must have a Massachusetts business location. Please note that employees’ homes are not considered Massachusetts work locations in any scenario (e.g., even under remote work).Theemployermusthaveaphysicalbusiness location in Massachusetts, but the employer is not required to be headquartered in Massachusetts. Employers can learn more about the program and apply at www.mass.gov/HireNow.
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Wage Theft Legislation on the Move … Again
As reported by the State House News Service, the Joint Committee on Labor and Workforce Development (Committee), chaired by Representative Josh Cutler and Senator Patricia Jehlen, voted unanimously to give a favorable report to the Committee's redrafted version of the wage theft bills (House Bill 1959 / Senate Bill 1179).
Under the Committee’s version of the legislation, the Attorney General will have the ability to go directly to court to pursue wage and hour violations on behalf of workers, and to collect damages and attorney's fees when those workers prevail in court. As well, the legislation includes lead contractor liability provisions, whereby a lead contractor would be liable for violations among subcontractors provided written notice of the violation is provided within 45 days of the most recent occurrence of alleged wage theft. Another section would limit a lead contractor's liability to 120 consecutive days of any alleged wage theft. Similar legislation has passed the Senate at least twice before, but has not been passed by the House in recent sessions. The legislation, which has 117 House co-sponsors and 30 Senate co-sponsors, was originally filed by Representative Dan Donahue and Senator Sal DiDomenico.
Opponents of the wage theft legislation, including a variety of development, retail, and construction associations of which UCANE is one, have raised a wide range of concerns relative to the direct and indirect consequences of the legislation. In a letter to the Committee, opponents to the legislation stated:
“As you know, over the last three legislative sessions, the undersigned business groups have worked extensively with proponents, business organizations, and the Joint Committee on Labor and Workforce Development in an effort to collectively develop wage theft legislation that addresses the concerns of the legislative proponents, while also protecting law abiding busicontinued on page 11
nesses. Our coalition members stand united against all instances of wage theft and believe extensive laws currently exist to hold violators accountable. We are hopeful the discussions thus far reflect our coalition’s continued interest in being a part of the development of legislation that enhances our current laws and assists in getting employees paid faster.”
Among the ultimate concern being raised by opponents to the wage theft legislation is that the Commonwealth already has numerous wage and benefits laws that should be more strongly enforced. The creation of vicarious liability will eventually lead to increased construction costs and reduced opportunities for new companies to get work. Of further note, proponents of the legislation originally laid a broad swath of applicability – recognizing that the construction industry is not the largest industry wherein the failure to pay wages occurs – but have more recently focused purely on the construction industry.
The redrafted wage theft legislation has been released to the Massachusetts House of Representatives for its initial consideration with its next legislative stop likely the House Committee on Ways and Means. continued on page 13
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Mayor Wu Files Proposal to Expand Access to City Contracts for Minority and Women-Owned Enterprises
According to a press release from her office, Boston Mayor Michelle Wu filed a home rule petition with the City Council at the end of Wu and then-Councilor Ayanna Pressley presided over the City Council hearing that examined the City’s procurement process and efforts to support March that would expand access to City contracts for minority- and women-owned business enterprises (MWBEs). The proposal would raise the written quote contract maximum for contracts with certified MWBEs from $50,000 to the state small purchase continued on page 15 threshold, which is currently $250,000. The written quote contract process allows the City to award contracts without a full Re- THE DRISCOLL CO. L.L.C. quest for Proposal (RFP) process, 331 CENTRE STREET, MILTON, MA 02186 making it significantly simpler and cheaper for businesses to apply. This change will dramatically lower barriers to access for MWBEs and allow the City to make a greater investment in these businesses.
In 2020, the City of Boston released a disparity study that showed that only 1.2% of the $2.1 billion City’s contracts for construction and professional goods and services went to Black and Latinx-owned businesses. In response to these results, the City of Boston now seeks to address “MANAGING SURPLUS SOILS” WE: these historical disparities by increasing access to city contracts. • MANAGE ANALYTICAL TESTING • MANAGE TRANSPORTATION Specifically, the proposal seeks to amend Mass. Gen. Law • MANAGE RECEIVING FACILITIES • MANAGE ACM MATERIALS 30B, which was passed in 1990 and establishes procedures for the WITH OVER 68 YEARS OF EXPERIENCE MANAGING SOILS, acquisition of supplies or services, WHY NOT LET THE DRISCOLL COMPANY L.L.C. the disposition of surplus supplies, and real property acquisitions and QUOTE YOUR NEXT PROJECT! dispositions by local governmental bodies. Once approved by the TERRY DRISCOLL Boston City Council, the home rule tdriscoll@outlook.com petition must be passed by the 617-895-8097 Massachusetts Legislature and signed by the Governor in order to become law. MIKE MCKEEN mmckeen@tdcsoilmanagement.comMayor Wu has a strong history of pushing for increased workforce 617-413-6262 diversity. In 2016, then-Councilor local businesses. In 2017, Mayor Wu and Congresswoman Pressley co-sponsored an ordinance that required the City to collect more data on contracting.
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New Community Compact Grants Awarded; Includes Cape Regional Wastewater Funding
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The Baker-Polito Administration announced $1.6 million in grants through the Community Compact Cabinet Efficiency and Restone, Douglas, Hopedale, Mendon, and Millville; • $100,000 for shared human resources for Adams, North Adams, and Williamstown; gionalization (E&R) Grant Program in March. The program’s funding assists municipalities in providing services to their constituents in a more efficient and cost-effective way. Including this year’s awards, the Baker-Polito Administration has issued 86 grants through this program, providing a total of $7.1 million in funding for one-time or transition costs for municipalities, regional planning agencies, school districts, and councils of government.
The Efficiency and Regionalization Grant Program was started by the Administration in fiscal year 2017 and provides funds that may be used toward the planning and implementation of regionalization initiatives 100 Fremont Street 431 Second Street – including shared services, in- Worcester, MA 01603 Everett, MA 02149 tergovernmental agreements, consolidations and other collaborative efforts – and for efficiency efforts to improve the delivery of local services.
Award recipients include, but are not limited to: • $200,00 for regional wastewater management for Sandwich, Barnstable, Bourne,
Falmouth, and Mashpee; • $200,000 for regional fire training for Norwood, Bellingham, Canton, Millis, Norfolk,
Sharon, Stoughton, Walpole,
Westwood, and Wrentham; • $200,000 for shared police services for Russell and
Montgomery; • $187,000 for shared police services for Leyden and Bernardston; Turn your metal into money today! • $130,707 for regional animal Minichiello Bros. Inc./Scrap-It Inc. control for Uxbridge, Black• $94,902 for a regional sustainability coordinator for Westford and Carlisle; • $70,280 for the Berkshire Regional Planning Commission to develop a shared town administrator program, initially with Savoy.
Legislative Update continued from page 15
Formed in January 2015, the Community Compact Cabinet is chaired by Lt. Governor Polito and is composed of the Secretaries of Housing and Economic Development, Education, Transportation, Energy and Environmental Affairs, and Technology Services and Security, along with the Senior Deputy Commissioner of Local Services and the Assistant Secretary of Operational Services. The Community Compact Cabinet elevates the Administration’s partnerships with cities and towns and allows the Governor’s Office to work more closely with leaders from all municipalities. The Cabinet champions municipal interests across all executive secretariats and agencies, and develops, in consultation with cities and towns, mutual standards and best practices for both the state and municipalities. The creation of Community Compacts creates clear standards, expectations, and accountability for both partners.
For more information about the program and a list of current and former awardees, please visit: https://www.mass.gov/service-details/efficiencyand-regionalization-grant-recipients.
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News in Brief
• Golden Named New City Manager for Lowell.
The City Council for the City of Lowell has voted to give the position of City Manager to Representative Tom Golden. In an interview before the Lowell
City Council, Representative Golden emphasized his commitment to transparency and communication relative to a wide variety of city initiatives. In highlighting efforts to improve diversity, equity and inclusion, Representative Golden indicated a preference for implementing the 19 actionable steps outlined in a report provided by CliftonLarsonAllen during its 2020 human resources audit. Additionally, Representative Golden focused on the need to address the balance between housing stock and affordability within the City of Lowell. Representative Golden, who previously served as the
House Chair of the Joint Committee on Telecommunications, Utilities and Energy, as well as the
Chair of the House Committee on Bills in 3rd Reading, is an affable, knowledgeable, and well-liked member of the Massachusetts legislature. With a focus on core legislative issues, Golden, who currently serves as a Division Chair in Speaker
Ron Mariano’s leadership team, was responsive to UCANE’s message about the importance of water infrastructure. UCANE thanks Chair Golden for his work in the Massachusetts legislature and looks forward to working with him in his new role.
• Kennedy v. Petty for Worcester-Based Sen-
ate Seat. Worcester Mayor Joe Petty will go head-to-head with YWCA of Central Massachusetts Executive Director Robyn Kennedy in a
Democratic primary to replace retiring Senator
Harriette Chandler. Ms. Kennedy, who previously worked for the Patrick-Murray Administration and then State Senator Ed Augustus, the soon-to-be retiring Worcester City Manager, announced her run at the end of February. Mayor Petty, who announced his intentions first joined the Worcester
City Council in 1998. Senator Chandler, who held the reigns as Senate President prior to the current
Senate President Karen Spilka, has not endorsed any candidate for the seat at this time.
• New Local Teamsters Leadership Announced.
With long-time Teamsters Local 25 President
Sean O’Brien moving to the national Teamsters
General-President role, Mr. Thomas Mari was appointed President/Principal Officer of Teamsters
Local 25 in February. Mr. Mari, a third-generation member of the Local, is a Woburn native and a 30-year Teamster. To fill Mr. Mari’s previous Local 25 Secretary-Treasurer role, Vice President/Business Agent Mr. Steven South becomes Secretary-Treasurer. Ms. Joan Corey will become Vice
President/Business Agent and Mr. Michael Halley becomes Business Agent. Local 25 is the largest
Teamsters Union in New England with more than 12,500 members. • Changes in the Governor’s Office. Governor
Baker and Lt. Governor Polito announced the departure of longtime Chief of Staff Kristen Lepore effective April 15. Senior Advisor Tim Buckley will be promoted to Chief of Staff while Deputy
Chief of Staff for Cabinet Affairs and Policy Director Elizabeth Mahoney will be promoted to
Senior Advisor. As Chief of Staff, Lepore managed the Administration’s response to high priority issues like the COVID-19 response and the
Merrimack Valley gas explosions. Previously,
Lepore served the Baker-Polito Administration as the Secretary of Administration and Finance, where she was responsible for formulating and overseeing the Commonwealth’s operating and capital budgets. n
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