Vice President, Human Resources Position Open

Vice President, Human Resources

Carroll Enterprises, Inc.

Carroll Enterprises,headquartered in downtown Worcester, MA, with over 250 employees in multi-state locations, seeks a strong leader to serve as their new Vice President Human Resources. This is an ideal position for a Director of Human Resources or an Assistant VP who is ready to move to a VP-level position.

Since 1968, Carroll Enterprises, Inc. has met the specialized needs of insurance buyers and major corporations in the business-to-business and business-to-consumer markets.  Carroll Enterprises is an entrepreneurial, technology intensive, marketing distribution and services company, serving the retail, wholesale and institutional marketplaces in the insurance and financial services industries.  

Reporting to the CEO, with full responsibility for all aspects of the HR function, the VPHR will be part of the executive committee and will manage a staff of five HR professionals. The ideal candidate will have strong HR generalist skills, demonstrated skills in managing a strategic HR function, and enjoy working as a full business partner in a growing, dynamic organization. You should possess 10 years of progressive HR responsibility, preferably from financial service or technology industry, and have a minimum of a bachelor’s degree. Working within an organization with a call center is ideal. An outgoing, confident, hands-on professional, who is not afraid to make decisions, will thrive in this entrepreneurial environment.

Carroll Enterprises is facing unique challenges in an industry steeped in tradition, while moving to a culture that embraces technology and ecommerce. Carroll needs an individual who can hit the ground running, operate effectively with a highly diverse workforce, and actively contributing to the senior management team.

The next VPHR will enjoy the opportunity to work in a vibrant community, with a supportive management team and staff as well as an experienced and engaged workforce. Carroll Enterprises is a recognized leader and takes pride in being a premier employer and a respected community member.

Located in the heart of Massachusetts, the city of Worcester combines historic New England charm with the conveniences and lively attractions of a bustling metropolis, that includes 10 colleges and universities, world-class medical facilities, a convention center, vibrant arts and other cultural venues, museums, college and professional sports teams, golf courses and many new dining options. For those looking for things to do while escaping traffic and parking problems, Worcester is the place to grow your career.

Carroll Enterprises offers an attractive salary and comprehensive benefit package along with the opportunity to grow your career. To learn more about this position, call Rick Dacri, Dacri & Associates Executive Search, at 207-229-5954 or rick@dacri.com.

To apply, email your resume, cover letter and salary history, in confidence, to:

Rick Dacri

Dacri & Associates, LLC

Executive Search

207-229-5954

rick@dacri.com

 

Carroll Enterprises is an Equal Opportunity Employer

Stop Listening When I’m Snoring!

(Post by Rick Dacri, January 28, 2015)

Surveillance Pitfalls: Ignorance of Law Lands 3 Massachusetts’ Managers in Court

Imagine finding out you have an employee working on the night shift who you heard was sleeping on the job. Catching him doing it was going to be next to impossible, so you decide to hook up your video camera to catch him in the act. Brilliant!! You set it up and BAM, you catch him on tape. No questions, no denials, you got him. Fired for violating company policy, sleeping on the job. Perfect. High fives all around.

The only thing that would have made this sweeter was if it was legal—and that’s what three Massachusetts’ managers, including the HR manager, were thinking when they got dragged into court. You see, that fancy video camera included an audio component and now these 3 are in trouble. Without permission of the individual, they broke the law.

Under Massachusetts’s wiretapping law (known as the two-party consent law), it is a crime to secretly record a conversation, whether the conversation is in-person or taking place by telephone or another medium. As a result, you must inform the individual you are about to record them. This law applies to secret video recording when sound is captured. The penalties for this infraction include criminal prosecution and civil lawsuits.

Yikes, this guy sleeps on the job, you catch him and you’re in trouble. Yup. It might not seem fair, but it is the law in Massachusetts.

Take away for everyone else:

Before you consider using hidden surveillance equipment consult with an expert adviser or labor attorney first. Secondly, cameras can never be installed in an area where individuals can reasonably expect privacy. And third, you should have as one court stated a “legitimate interest in the efficient operation of the workplace.” In other words, don’t do it because you’re simply curious about what’s going on.

With that said, here are some other things you should do:

1. Tell employees in advance that the video monitoring will be occurring. Put it in your handbooks and discuss in employee meetings.
2. Tell employees where the cameras would operate. Note how banks and stores warn you with signs upon entering.
3. Do not record any sound—as these 3 guys will find out, the Courts prohibit this.
4. Call the Dacri HR HelpLine (207-229-5954) for advice.
5. Finally, never have a camera focused on one person.

The intent of these 3 managers was understandable, the execution was obviously flawed. If they knew the law, this would have never happened. It’s unfortunate.

If you need expert advice on compliance and employee issues, contact the HR HelpLine.

Other Posts you may like:

1. Compliance: 6 Problem Areas For Employers
2. Overtime Eligibility to Double: Prepare for Change
3. Must You Pay Employees for “On-Call” Time?

2016 Holiday Schedule

(Post by Rick Dacri, December 3, 2015)

2016 Holiday Schedule

Here are the 2016 Federal Holidays. For my Maine and Massachusetts’ employers, add Patriots Day on Monday, April 20.

Date	Holiday
Friday, January 1	New Year’s Day
Monday, January 18	Birthday of Martin Luther King, Jr.
Monday, February 15	Washington’s Birthday
Monday, May 30	Memorial Day
Monday, July 4	Independence Day
Monday, September 5	Labor Day
Monday, October 10	Columbus Day
Friday, November 11	Veterans Day
Thursday, November 24	Thanksgiving Day
Monday, December 26	Christmas Day

Executive Director Position Open, Northeast Public Power Association

The Northeast Public Power Association (NEPPA), which is celebrating its 50th anniversary this year, is seeking candidates for the position of Executive Director. Reporting to the Board of Directors, we are looking for a dynamic, forward thinking leader with demonstrated record of successful business, utility or association management. NEPPA, located in Littleton, MA, is a private, non-profit association representing over 70 consumer owned utilities in New England. NEPPA provides a variety of services to its members including education and training, legislative advocacy, publications, and member representation and communication to its members on the activities of ISO-New England.
NEPPA prefers candidates with 10 years senior management experience in business, utilities, or association management, ideally in public power. The successful candidate will have demonstrated financial, management, project management and legislative experience; and the ability to work effectively and with transparency with its board of directors, members, employees and elected officials. The right candidate should possess a Bachelors degree.

This is a unique and exciting opportunity for the career minded manager, who thinks strategically, works collaboratively, listens attentively, and who can make tough decisions. NEPPA is facing some unique challenges over the next five years: a need to upgrade its training to meet the ever changing requirements of our industry and to provide the highest safety standards for our members; continuous outreach to our members ensure their satisfaction; and advocacy and education on issues, legislation and regulations affecting our members and industry. NEPPA desires an Executive Director who can hit the ground running, lead a vibrant team of employees, in concert with the Board and to provide fresh leadership to this highly recognized association.
NEPPA’s offices and new training facility is located in Littleton, MA. Littleton is a bedroom community west of Boston. It has an excellent school system and is close to nationally recognized medical facilities and has easy access to major sports teams, theatre and the arts, and outdoor activities including beaches and skiing.
NEPPA offers an attractive salary and comprehensive benefit package along with the opportunity to grow your career. To learn more about this position, call Rick Dacri, Dacri & Associates Executive Search, at 207-229-5954 or rick@dacri.com.

To apply, email your resume, cover letter and salary history, in confidence, by August 3, 2015:

Rick Dacri
Dacri & Associates, LLC
Executive Search
207-229-5954
rick@dacri.com

NEPPA is an Equal Opportunity Employer

Massachusetts: Final Earned Sick Time Regulations

(Post written by attorneys from Fisher & Phillips, June 23, 2015)

On June 19, 2015, the Massachusetts Attorney General published the final regulations concerning the new Earned Sick Time (“EST”) law that will go into effect on July 1, 2015. These final regulations differ somewhat from the draft regulations submitted in April and provide clarification and additional detail to aid with implementation.

The Basics
Under the EST law, all employees in Massachusetts must be allowed to accrue and use up to 40 hours of EST in a calendar year, subject to certain conditions set forth in the law and the regulations. Under the previously announced “safe harbor” provision, companies that utilized a policy under which certain employees received at least 30 hours of paid time off as of May 1, 2015 will be deemed compliant relative to those employees and any other employees to whom the policy is extended on a proportional basis. Additionally, starting July 1, all use of time, whether under the law itself or under the safe harbor provision, must be job protected and is subject to the law’s anti-interference and anti-retaliation provisions. A summary of the law can be found here.

Key Changes And Distinctions Between The Draft And Final Regulations
EST May Run Concurrently With FMLA
The final regulations state that EST may run concurrently with leave under the federal Family and Medical Leave Act and other state leave laws. The draft regulations had stated that EST must be “in addition to” FMLA and other state leaves.

Additional “Travel Time” EST Use Added
The law provides four purposes for which sick time may be used: care for a physical or mental illness, injury or medical condition; caring for a close family member with such a condition; attending medical appointments; and addressing the effects of domestic violence. The final regulations add a fifth category: EST may be used for “travel to and from an appointment, a pharmacy, or other location related to the purpose for which time was taken.”

“Same Hourly Rate” Defined
The law states that EST must be paid at “the same hourly rate” as the employee would earn for their work. Given the numerous ways employees can be compensated outside of an “hourly rate,” the final regulations set out more specifically how this “same hourly rate” should be calculated:

• hourly employees are paid their regular hourly rate; those who earn two or more rates are paid an average “blended rate” based on their previous pay period;
  salaried employees are paid a rate based on the total compensation divided by hours worked in the previous pay period. For exempt salaried employees working 40 hours or more per week, the employer can assume 40 hours rather than using actual hours worked. However, employers cannot make that assumption for exempt salaried employees regularly working less than 40 hours per week or salaried non-exempt employees;
  employees paid on a piece-work or fee-for-service basis must be paid “a reasonable calculation of the wages or fees the employee would have received” for the work if the employee had worked;
  commissioned employees, whether commission-only or base rate plus commission, must be paid the greater of their base wage or the minimum wage; and
  tipped employees must be paid the minimum wage.

Alternative Accrual Schedule
The final regulations provide

New Massachusetts Minimum Wage Regulations Contain Significant Changes

(This post was written by attorney Diane M. Saunders of the firm Ogletree Deakins, on April 28, 2015)

While the January 2015 increases in the Massachusetts minimum wage for regular and tipped employees have received considerable attention and publicity, the Massachusetts Department of Labor Standards (DLS) also issued new minimum wage regulations to little fanfare. The new regulations have been somewhat of a “sleeper,” even though they are a marked departure from existing law in some areas. They include substantial changes to the prior regulations in the areas of employer notice and recordkeeping requirements, employee uniforms, and deductions for lodging and meals. They also include new language on the topics of working time, on-call time, travel time, and indirect deductions.

In brief, the key changes in the new regulations include:

How To Comply with Massachusetts Minimum Wage Increase

This is a detailed analysis of the new minimum wage law and how employers must respond. It was developed by the firm Hirsch Roberts Weinstein LLP.

The minimum wage in Massachusetts increased to $9.00 an hour as of January 1, 2015. The law, amending M.G.L. Ch.151, also includes increases in the minimum service rate payable to tipped employees, and exemptions for seasonal camp counselors and counselor trainees. New regulations implementing the wage increase and other changes took effect on January 16, 2015. After HRW attorneys testified at a public hearing regarding the proposed regulations, several of the firm’s recommendations were included in the final regulations. Significant changes in the amended law and new regulations are discussed below.

Minimum Wage and Overtime Rates

As noted above, the Massachusetts minimum wage for covered employees is now $9.00 an hour. The amended law further increases the minimum wage to $10.00 an hour on January 1, 2016, and $11.00 an hour on January 1, 2017. The minimum wage requirement applies to all employees except those excluded under M.G.L. Ch.151, Sec. 1A, for example, bona fide executive, administrative, or professional employees, golf caddies, fishermen, etc. Overtime pay for minimum wage employees is now $13.50 per hour, for hours worked over 40 per week (one and a half times the basic minimum hourly wage).

Tipped Employees

Tipped employees, defined as service workers who regularly receive over $20.00 a month in tips, must now be paid a service rate of $3.00 an hour, effective January 1, 2015. Employers may only pay a tipped employee the service rate, instead of the basic minimum wage, if (1) they inform the tipped employee in writing of the tipping law; (2) the employee actually receive tips in an amount that, added to the service rate, equals or exceeds the basic minimum wage; and (3) the employee keeps all tips received individually or through a tip-pooling arrangement. Tip-pooling arrangements must conform to the state law governing tip pools. If a tipped employee does not receive at least $9.00 an hour including tips, the employer is required to increase the service rate to make up the difference.

The amended law and regulations further increases the service rate for tipped employees to $3.35 an hour in 2016, and $3.75 an hour in 2017.

The Massachusetts overtime provisions do not apply to tipped employees who work in restaurants and other employees exempted under M.G.L. Ch. 151A. Employers must comply with the federal Fair Labor Standards Act’s (FLSA) requirements for overtime for tipped employees who are subject to the overtime pay provisions of the FLSA.

Summer Camp Employees

In response to testimony from interested parties, the new regulations were drafted to allow a full minimum wage exemption for seasonal camp counselors and trainees. The amended law explicitly exempts seasonal camp counselors and counselor trainees from the minimum wage and overtime provisions.

Hours Worked

The regulations on computing hours worked include the requirement that employees who are scheduled for three hours or more of work, who report for duty at the time scheduled by the employer, shall be paid for at least three hours of work, at no less than the minimum wage, even if the employer does not give the employee the expected hours of work. The regulations also cover payment for on-call time, sleep time and working shifts, and travel time.

Time frame for Producing Payroll Records

At the suggestion of HRW attorneys, the legislature changed the proposed regulation on recordkeeping, giving employers 10 business days to meet an employee’s request for a copy of his or her payroll records, instead of only five.

Sick Time Recordkeeping Not Required

Also in response to testimony from HRW attorneys, the final regulation on recordkeeping does not require employers to keep records of sick time earned or available to employees. The legislature noted that regulations covering the newly passed Massachusetts sick leave law have not yet been issued, so that requiring records of sick time was premature. For more information on this new law, check out our recent alert by clicking here. HRW suggested at the public hearing that employers who offer paid sick time that is more generous than the requirements of the sick leave law should not be required to keep records of sick time.

 If you need assistance, contact Rick Dacri at rick@dacri.com or 207-229-5954.

Massachusetts Leave Laws Expanded

(This post by Rick Dacri, January 30, 2015)

Massachusetts employers should be preparing for the enactment of two new leave laws: 1) Paid Sick Leave and 2)extension of the Parental Leave Law. Current leave policies should be revised, handbooks updated, supervisors briefed and employees updated.

Here’s a summary of the laws:

Massachusetts Parental Leave Extended

Massachusetts Gov. Patrick signed a bill into law that establishes parental leave in Massachusetts for both female and male employees. Effective April 7, 2015, the new law will replace the current Massachusetts Maternity Leave Act (MLA), which provides only female employees with eight weeks of job-protected maternity leave for the birth or adoption of a child. Extending parental leave to male employees will require significant policy changes for Massachusetts employers with fewer than 50 employees, as they are not already covered by the Family and Medical Leave Act (FMLA) which applies to both male and female employees.

Massachusetts Paid Sick Leave

Massachusetts voters approved a ballot referendum Nov. 4, 2014, that requires businesses to allow their workers to earn sick leave. Having a paid-time-off (PTO) policy in place can help employers comply with the new law, but only if the policy meets the statutory requirements. Under the measure, employers with 11 or more employees must let workers earn up to 40 hours of paid sick leave each calendar year. Those with 10 or fewer employees also must allow workers to earn 40 hours per year but the sick days don’t have to be paid. Both full-time and part-time employees are eligible to earn the sick time, under the measure. 

The ballot measure takes effect July 1, 2015. Employees must be allowed to begin accruing sick time on that date. New employees must be allowed to begin using their sick time 90 days after they are hired.

Sick time may be used if employees are ill or have a medical appointment, or if they must care for an ill family member. They also must be permitted to use sick time to receive assistance related to domestic violence.

Employees may carry over up to 40 hours of unused sick time to the next year, under the measure, but employers aren’t required to permit use of more than 40 hours of sick time in any calendar year.

Employers that already provide their employees paid time off under a PTO, vacation or other paid leave policy are not required to provide any additional paid sick time under the new law, provided they permit employees to use at least 40 hours per calendar year for the purposes covered under the law. Furthermore, this law does not override any employer’s obligations under any collective bargaining agreement, contract or benefit plan with more generous provisions.

Contact Rick Dacri for assistance in complying.

Massachusetts: New Paid Sick Leave Law

(Post written by attorneys Amanda Marie Baer and Bob Kilroy of Mirick O’Connell)

On November 4, 2014, Massachusetts voters approved a ballot question enacting M.G.L. c. 149, § 148C, which entitles Massachusetts employees to earn and use sick time.  Massachusetts is now the third state in the nation to guarantee paid sick days for certain workers.

The law provides that employees who work for public or private employers having eleven or more employees can earn and use up to 40 hours of paid sick time per calendar year.  The sick time must be compensated at the same hourly rate paid to the employee when the sick time is used.  Employees who work for employers with less than eleven employees can earn and use up to 40 hours of unpaid sick time per calendar year.

Under the law, employees earn one hour of sick time for every 30 hours worked.  Employees begin accruing sick hours on either (a) the date of hire; or (b) July 1, 2015, whichever is later.

Employees may begin to use earned sick time on the 90th day after hire.  After the 90 day period, employees may use earned sick time as it accrues.  Employees can only use earned sick time and miss work in order to: 

1. Care for a physical or mental illness, injury, or medical condition affecting the employee or the employee’s child, spouse, parent, or parent of a spouse;
2. Attend routine medical appointments of the employee or the employee’s child, spouse, parent, or parent of a spouse; or
3. Address the effects of domestic violence on the employee or the employee’s dependent child.

In certain circumstances, employers may require employees to provide certification of the need for sick time.

If an employee does not use all of their sick time in a calendar year, the employee may carry over up to 40 hours of unused sick time to the next calendar year.  Employees who carry over earned sick time, however, may only use up to 40 hours of sick time in a calendar year.  Employers are not required to pay an employee for unused sick time at the end of the employee’s employment.

It is unlawful for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under the new law.  For example, employers may not use the taking of earned sick time as a negative factor in any employment action such as an evaluation, promotion, disciplinary action or termination, or otherwise subject an employee to discipline for use of earned sick time under the law.

In light of this change in the law, employers are advised to review and update, as necessary, their sick time, vacation and/or paid time off policies.

Minimum Wage: Massachusetts Ups Rate

Post by Rick Dacri, June 28, 2014

Massachusetts Governor Patrick signed legislation increasing the states minimum wage.  The state’s minimum wage is currently at $8.00 per hour and will increase to $9.00 per hour as of January 1, 2015; $10.00 per hour, effective January 1, 2016; and $11.00 per hour as of January 1, 2017.  Wages for tipped employees will also be phased in over time, increasing from $2.63 per hour currently to $3.00 per hour on January 1, 2015; $3.35 per hour on January 1, 2016; and $3.75 per hour on January 1, 2017.

You should begin the process of reviewing your wage structure in order assess any potential impact on your organization.

If you need assistance, give me a call.