HR for the Massachusetts Brewer: Know When Employment Laws Affect Your Growing Company

Most employment and benefits laws apply once a company meets a minimum headcount.  To get a handle on these risks and help you plan for the future, MBG member and Principal of Fenway Law LLC Michael Loconto provides a general guide for growing breweries across Massachusetts.

So, you founded a brewery — seizing on a passion to make great beer while devoting every waking minute of your existence over the last few years to make your art and your business shine. You may have been joined by a few partners, and maybe even hired a few employees to wash kegs and work the tap room. 

People Often Come Before Policy

As many brewers grow – particularly in those frantic first few years, the need for headcount can quickly materialize. What often sneaks up on a company are the compliance requirements that accompany staffing growth.

The good news is that there are plenty of reasonable and outsourced benefits and human resources management options available to companies. These outfits can help with assuring that your staff gets access to a health insurance plan and paid on time — and may even help your company sort through the new leave laws popping up, like paid family and medical leave and the celebration of Juneteenth  that have taken effect in 2021 (follow the link for a reminder about premium pay obligations for retailer employees on the upcoming June 19 holiday).

What can be less obvious to employers are the legal requirements that impact operations in the workplace. Some employment laws cover even the smallest of workplaces, while other requirements kick in with a minimum FTE headcount. Small businesses and startups need to be aware of these triggers in order to maintain legal compliance and minimize workforce risks.

This guide is written to provide Massachusetts brewers with some practical tips and a reminder to consult with experts for legal advice and planning. While we hope you find it helpful, this primer is no replacement for direct legal advice – consult with an attorney to assure compliance.

Congratulations on Your Company — Now Comply

Your legal obligations as an employer begin with the first employee (in fact, it may be you!). Employment obligations for companies with one or two employees include:

·       Common law issues like contracts, defamation, and accidents

·       Worker’s compensation insurance (required by the Massachusetts Department of Industrial Accidents)

·       Unemployment insurance and related payroll tax withholding

·       Leave & re-employment rights for members of the military

·       Civil rights, anti-discrimination, and equal pay requirements, including the Massachusetts laws prohibiting sexual harassment, discrimination (on the basis of sex, race, color, creed, national origin, age, and handicap), and gender-based pay discrimination, and related protection from threats, intimidation, and coercion.

·       Earned Sick Time (M.G.L. c. 149, §148C): all employers must provide up to 40 hours of sick leave (unpaid for companies of fewer than eleven employees).

·       During the current pandemic, the federal Families First Coronavirus Relief Act (FFCRA) requires paid sick leave and family leave for employees of businesses with less than 500 employees. Employers with less than 50 employees are exempt from leave related to school closures and childcare if the employee’s leave would “jeopardize the viability of the business as a going concern.” Employers receive a 100% tax credit for all paid leave and related individual employee benefits costs accruing during a FFCRA leave.

·       State wage laws on timely payment, minimum wage and overtime pay apply (and note: some cities and towns have additional minimum wage ordinances that may apply). When your business grows to two or more employees, certain federal laws (like the Fair Labor Standards Act and the Equal Pay Act) also take effect to mimic or enlarge state employee rights in areas like minimum wage, overtime, and equal pay.

·       The “Grand Bargain” legislation in 2018 implemented a system of paid family and medical leave for all employees in Massachusetts. Most aspects of the law took effect on January 1, 2021, while paid leave to care for a sick family member takes effect on July 1. Paid FML is funded in the Commonwealth through a payroll tax that includes both employee and employer contributions and provides a state-paid benefit of up to 75% of an employee’s base pay (up to $850 per week) for qualifying leave. Qualified benefits duration ranges from a maximum of 12 weeks for births, adoptions, and care for an ill family member or to address issues arising from a family member’s military leave, to up to 20 weeks for an individual’s own serious medical condition, and up to 26 weeks for an individual caring for an injured service member. Employers can also seek a private insurance option as an alternative to the state system.

While federal COBRA regulations governing health insurance continuation for terminated employees do not impact a business with less than twenty employees, Massachusetts companies should also be aware of the Commonwealth’s “mini-COBRA” law (M.G.L. c. 176J, §9) that applies to businesses with at least two employees.

With Continued Growth Comes Added Responsibility for Employers

With six or more employees, businesses are also required to develop and adopt certain policies. Businesses should also order employee rights posters to comply with legal notice requirements and to keep employees informed about benefits and basic rights. Posters are simple and inexpensive, available from numerous vendors, and can be displayed in breakrooms or some other central employee space within a physical office space.

Consider the following:

·       The Massachusetts Fair Employment Practices Act extends equal rights protection in the workplace (no discrimination in hiring, preemployment criminal record and mental health inquiries, promotions, termination, and other aspects of the employment relationship). Chapter 151B expands prohibitions on discrimination in the workplace to include race, color, religion, national origin, sex, ancestry, age, sexual orientation, veteran’s status, genetic information, or disability, and also forbids employers from retaliation against employees for complaints about discrimination or for participating in the investigation of a claim.

·       Chapter 151B also requires employers that have met the six-employee threshold to adopt a sexual harassment policy. The policy must be provided to new employees and an­nually to all employees. The Massachusetts Commission Against Discrimination (MCAD), which enforces Chapter 151B requirements, publishes a model policy that brewers can use to draft a policy.

·       Eight weeks of unpaid parental leave becomes available to all full-time employ­ees (mothers and fathers) at the time of birth or placement of a child. To be eligible, a full-time employee must have completed the initial probationary period set by the employer (to a maximum of six months, or three months if no period is specified). The employee must give two weeks’ notice of his or her expected departure date and intention to return. (Note: if both parents work for the same employer, the family unit shall only be entitled to eight total weeks of parental leave for the birth or placement of the same child).

There are practical risk mitigation steps that an employer can take at this stage. First, employers are strongly urged to conduct sexual harassment training — an ounce of prevention can mean a pound of cure. Second, employers can be proactive and adopt a respectful workplace policy to help inform the individuals across the company about many of the rights and responsibilities addressed above. The Society for Human Resource Management (SHRM) offers a respectful workplace policy template (the link will open a Word document) that businesses may adapt to create a policy.

And finally, given the additional risks and affirmative policy obligations at this stage of growth, startups are strongly urged to consider working with an attorney or an HR consultant to adopt an Employee Handbook. A written, shared understanding of the basic terms and conditions of employment, the benefits available to employees, and the grievance procedures that employees may use to address problems in the workplace, can reduce uncertainty and promote clarity for staff and owners.

With eleven or more employees, Earned Sick Time becomes a paid benefit under Massachusetts law. A business of this size must allow all employees (full-time, part-time, and temporary) to earn at least one hour of paid sick time annually for each 30 hours worked.

With fifteen or more employees, federal discrimination laws also become applicable in a workplace. Specifically, the federal laws prohibiting dis­crimination on the basis of race, color, creed, national origin, and sex (Title VII of the Civil Rights Act of 1964) and disability (Americans with Disabilities Act) cover workplaces with 15 or more employees. Most Massachusetts employers should already have compliant practices in place at this stage since the comparable state laws (like Chapter 151B) kick in with six employees.

Where Did All These People Come From? And Other Concerns for the Mid-Sized Brewer

Once a company’s headcount reaches twenty or more employees, most major employment laws and regulations will apply to your workforce. A human resources consultant or direct hire can be invaluable at this stage to help oversee hiring, benefits, and workplace conflict resolution. Consider a few of the additional workplace benefits and protections that now apply:

·       Most people are familiar with COBRA (the federal Consolidated Omni­bus Budget Reconciliation Act of 1985), which requires employers to provide terminated employees and their dependents with health and dental insurance coverage continuation (at the employee’s own expense). Recall that Massachusetts includes a “mini-COBRA” requirement for companies with as little as two employees.

·       The American Rescue Plan Act (ARPA) that was signed into law by President Biden on March 11 requires that most employees who lost health insurance coverage during the pandemic must be offered free COBRA coverage between April 1 and September 30, 2021. The law also provides an opportunity for employees that did not opt-in to COBRA coverage when first eligible to sign up now for the free benefit. Companies will receive a tax credit for COBRA-related expenses during the covered period.

·       A personnel record-keeping system is required by the time the company has reached 20 employees. The Massachusetts personnel records law also requires employers to retain personnel records for three years following an employee’s termination, and mandates certain basic information that must be included in the record. Employees also have rights to access their records and respond in writing to any negative information in the file, and may seek enforcement through the Attorney General’s Office.

·       A Massachusetts employer with more than six employees will have already taken steps to restrict age discrimination in the workplace, but the similar federal Age Discrimination in Em­ployment Act (“ADEA”) and Older Workers Benefit Protection Act of 1990) apply to workplaces with at least 20 employees.  This most directly affects Massachusetts employers negotiating separation agreements — companies need to use care in dealing with an older worker to assure that the individual has knowingly and voluntarily waived potential claims under the ADEA.

A number of other well-known provisions apply to employers with fifty or more employees:

·       The federal Affordable Care Act (ACA) requires businesses with 50 or more employees to provide health insurance options for employees. Companies with smaller workforces may be eligible for additional tax credits (salary restrictions apply). Consult with an insurance agent or broker for more information.

·       Massachusetts employers are now required to offer paid family and medical leave, but the federal Family and Medical Leave Act (“FMLA”) has long provided eligible employees in companies with 50 or more workers the right of up to twelve weeks per year of unpaid leave, as well as benefit continuation and reinstate­ment rights. This period runs concurrent with state-level family and medical leave benefits.

Unlike paid FML in Massachusetts, which applies to all employees, an employee must have worked for the employer for at least twelve months, for at least 1,250 hours in the twelve months prior to the first day of leave in order to qualify for FMLA leave. FMLA regulations also mandate strict record-keeping and leave designation under the law, and limits employer rights to access information necessary to verify a request for leave.

Practically speaking, the FMLA also requires employers to publish and distribute information among the workforce regarding employee rights under the law — another reason for businesses to develop and adopt an Employee Handbook if one has not already been created at this stage.

·       The Massachusetts’ Small Necessities Leave Act (“SNLA”) provides employees with up to twenty-four hours of additional unpaid leave to attend to par­ticular family obligations. Practical uses of SNLA include time off to use professional services (like tax preparation), attending activities at a child’s school, or accompanying a child or a parent to medical appoint­ments.

·       Victims of domestic violence are also eligible for up to fifteen days of unpaid leave per year in Massachusetts. The Domestic Violence Leave Act defines domestic violence, stalking, sexual assault or kidnapping as qualifying reasons for leave and includes measures to protect victim identification.

At one hundred or more employees:

·       An employer becomes covered by the federal WARN (Worker Adjustment and Retraining Notification) Act, which requires notification to employees sixty cal­endar days in advance of plant closings and mass layoffs as defined under the law.

§  Generally speaking, most private companies at this size must also annually disclose certain staff demographic information (sex, race, and ethnicity in certain occupational categories) by filing the EEO-1 report with the federal Equal Employment Opportunity Commission (EEOC).

Concluding Thoughts

Running a business is hard - but planning for your future does not have to be.  As your workforce expands, timely human resources and legal support can mean the difference between managed risk and disruptive claims. These requirements do not need to be seen as obstacles – effectively planning for growth now can avoid future surprises.

Please consult a professional for support when growing your workforce – so you can get back to doing what you love.

Note: this article originally ran on Medium on April 15, 2021 as a guide for Massachusetts tech startups and small businesses.  It has been adapted for length and the brewing audience.

6 Top POS Reports: Know Your Business, to Grow Your Business

Growing your business is shockingly easy when you have access to the right insights, to make the right decisions.  With these 6 Top POS Reports you’ll know how to increase sales, optimize labor costs, and improve production schedules, event programming and menu building. 

1. Tab Tags

What is it?  Tracking return on investment based on customized guest group tags.

Why does it matter?  You have a beautiful, welcoming space that attracts groups of all kinds in search of their go-to meet-up spot—from corporate baseball teams to knitting clubs. Tag each of their tabs with a descriptive tag so you can measure total sales from the group over time. 

Okay, give me an example.  This year you decided to sponsor the local baseball league’s dues with the guarantee they’ll come in after each game. Tag their tabs every time they come in to see their spend. Those baseball players eat and drink a lot! The reports show a return on your investment so be sure to sponsor them again next year.   

2. Employee Performance

What is it?  Total sales by each employee, and product category to see what they’re selling.

Why does it matter?  Though you’re often on-the-ground with your staff and get first hand experience of what they’re up to, the data will highlight your best performers. Use total sales by employee to make informed staffing decisions or know when to create incentives for more engagement and add some fun to the workday. 

Okay, give me an example.  Terry’s sales are consistently higher because they’re always sending guests home with a 6-pack to-go. You want Terry in your busiest venues on Friday night. If you want your staff to sell more packaged beer, have Terry share their secrets. Then start rewarding staff with the highest to-go sales with weekly growler bonuses!

3. Ounces Poured

What is it?  How many ounces were poured, by size, and time. 

Why does it matter?  Track trends in what’s selling to drive production schedules, marketing, and distribution. 

Okay, give me an example.  Your data shows that in the last week you poured 1,000 tasters and 200 pints of the Pilsner. Meanwhile, you poured 1,000 tasters and sold 950 pints of the Hazy. Which beer was better received?  You’ve got it, the Hazy. Increase production on that Hazy IPA and start pushing for distribution.

4. Hourly Total Sales

What is it?  Total orders by hour of the day.

Why does it matter?  Hourly sales data helps you plan ahead. Track trends over time to know what you’re selling, when you’re selling it. Staff up when you’re typically slammed and plan events to incentivize visitors when you’re typically slow. 

Okay, give me an example.  You already had a sense, but once you look at the data, it’s clear: Tues and Weds 2-4pm is slow. Perhaps run a teacher’s special to incentivize afternoon grading parties, and advertise to the local schools. 

5. Hourly Sales by Product

What is it?  Sales by product, by hour of the day.

Why does it matter?  Make informed menu decisions and keep food costs down with hourly sales by product.  With reports that show the exact time each product is ordered you can curate timed menus with only the most popular menu items. No more keeping extra ingredients in stock and wasting unused food.

Okay, give me an example.  You love the lobster roll, your Mom loves the lobster roll, but—shockingly— it turns out your happy hour crowd does not.  Strike the lobster roll and minimize your happy hour menu to just the items that sell again and again. (And save those lobsters for you and your Mom!)

6. Weekly Sales

What is it?  Total sales by day of the week.

Why does it matter?  Maybe you’re freshly open (congrats!) and don’t have a ton of historical data or you’re coming off a pandemic year where each business day was a mystery. Understanding trends each day of the week helps you to make proactive decisions to help boost sales and keep your business relevant. 

Okay, give me an example.  You’re seeing a trend of low sales on Tuesdays, it’s barely worth it to keep the doors open. Now what can you do to get guests in seats? That might be the perfect day for trivia! Use your loyalty program to send out offers redeemable only on that day and build hype for your new weekly trivia.  

Wrap Up:

Data matters. A lot! Starting with these 6 top metrics, you’ll be able to track what is working in your space, iterate, and wow your guests while improving efficiency. 

Founded in 2016, Boulder, CO based Arryved is a point-of-service based software company specializing in craft food & beverage: breweries, brewpubs, cideries, distilleries, wineries, and non-brewery taprooms. Arryved is a team of tech geeks with relentless passion for, and extensive experience in, the craft beverage industry, as both employees and consumers. The goal is simple: Deliver a flexible, reliable, team-centric platform that puts service first in every way. 

What are we doing about it?

Facing sexism and racism in the beer industry

By Katie Stinchon, executive director of the Mass Brewers Guild 

Last week, local brewer and former Pink Boots Boston Chapter Leader, Brienne Allan put out a call to women everywhere through her personal Instagram page – “tell me your stories and experiences of sexism in the industry.” 

The call was answered, and continues to be answered, by thousands of women across the nation and around the globe in all three tiers of the beer industry and hospitality industry. Allan’s Instagram account of 2k followers has now climbed to 46.7k followers (at the time I am writing this) and the stories are still coming. 

I’ve personally read every story that’s been posted to date. It’s been heartbreaking and devastating to read about each author’s pain, humiliation and fear. 

Sexism and racism aren’t unique to our industry. They are societal and systemic issues that we know won’t change overnight. We know that we can do better. 

So what are we – the Mass Brewers Guild - doing about it as a collective? How are we supporting our member breweries to be allies? 

Our association formed its diversity and inclusion committee in 2019. Since then we’ve had Dr. J, the diversity ambassador from the Brewers Association and founder of Crafted For All, address members and share best practices for diversifying our industry. Local law firm, Bowditch, delivered a sexual harassment training with our state’s brewery owners and provided resources.  We held a panel discussion about racism last fall during MBG Con, and we created a diversity and inclusion success story series on our blog to inspire breweries to learn from one another.

Last month, we launched the industry’s first diversity & inclusion resource center, Hop Forward Equality with our partners at Mass. Bay Brewing Co. This free self-help tool aims to solve the two issues that I hear most from our brewing community – that they don’t know where to go for help or that they don’t have the resources to access a professional. We are not experts. Our partners are. The resources on this site will continue to grow and evolve as our partners do. 

Understanding and growing through this work requires continuous education and we plan to host yearly trainings and workshops to support that journey. Later this year, we will host a two part series - one training specifically for CEOs and founders to make sure that they understand their own unconscious bias, that they are listening to their employees, and allocating enough resources to see real change within their breweries. 

The second training will support brewery employees by providing bystander training to help people understand their role in speaking out. This will also include metrics and goal setting to help breweries stay on track with their own internal D&I efforts. 

The Mass Brewers Guild has also been writing its own code of ethics for the association that members will need to agree to when renewing their membership or joining for the first time. We are are also researching third party reporting platforms that would provide an avenue for employees to anonymously come forward with allegations and help brewery owners/managers stay on top of toxic work culture and eliminate it. We are continuing to hold focus groups with breweries to finalize our code and plan to hold a vote to add it to our bylaws this December.

Our new travel show, Black Brew Dialogues hopes to bring to light the many ways in which our industry can become more inclusive. Viewers will follow host Collin Knight and learn alongside him as he tours breweries, sees the brewing process in full swing, and meets the owners and brewers. Together, they’ll have a candid conversation over a beer about that brewery’s diversity & inclusion efforts. Each episode will uncover where that brewery is succeeding and where they are still struggling in their work. The pilot episode features black owned, White Lion Brewing co., and future episodes plan to cover all aspects of diversity & inclusion, including LGBTQ+, people with disabilities, generational and gender gaps and race. 

Lastly, the Mass Brewers Guild is currently looking into ways that as an association we can provide more HR resources to smaller breweries that might not have the support they need. We hope to remove any barriers to access a professional to troubleshoot situations and ensure they are being handled appropriately. 

The work has just begun and our efforts will continue. 

Together we can ensure that everyone feels safe and respected within our breweries and the hospitality industry as a whole. We can empower victims to report harassment and abuse. We can empower bystanders to speak up. We can educate managers and owners to listen and take action. We can take steps to make change.  

Let this moment be one that removes blinders, inspires education, creates awareness and propels our industry forward. 

Let’s get to work. 

Untold Brewery Reopens This Friday, With More Breathing Room

With the help of Bechtel Frank Erickson Architects, Untold Brewing will reopen its doors for the first time in over a year.

SCITUATE, MA | When breweries were told to shutter their doors, aside from takeout and delivery, to slow the spread of COVID-19, the initial measure was expected to last three weeks, not three months. As the phases, steps and new regulations rolled out - outdoor and indoor dining slowly returned - that is, if that establishment could follow the checklist of health and safety protocols. 

It didn’t take long for breweries like Untold Brewing in Scituate, Mass., to quickly work the numbers and realize that reopening for onsite consumption was just not possible. The quaint taproom - a renovated historic schoolhouse dating back to 1852 – has a capacity of 49, which also includes a small patio. The space only has one point of egress and the bathroom foot traffic also passes through the same area. 

“Pre-COVID, no one would have thought twice about passing strangers in a shared space, or being shoulder to shoulder on a patio in the sunshine. All that has changed,” says Matt Elder, Founder of Untold Brewing. “With social distancing not possible we kept the taproom closed and put all of our product into cans. That really helped us.” 

Small craft breweries sell the majority of their beer over the bar in their taprooms. This is also where breweries make the highest profit margin on their products. With restaurants sidelined alongside taprooms, keg sales were also down or nonexistent. With no sign of relief from Coronavirus, local architecture firm, Bechtel Frank Erickson Architects (BFE), located in Lexington, decided that they wanted to help one of their favorite industries during this difficult time. 

They launched a pro bono design competition through the Mass Brewers Guild to help brewers spatially conceptualize solutions to the challenges brought on by the pandemic and the restrictions imposed upon their businesses. A roundtable of brewing peers and design and construction professionals discussed the entries, and selected Untold Brewing as the winner. 

“The group deliberated and selected Untold Brewing because we felt the solutions, ideas and adaptations to their space could also apply to other breweries.” says Katie Stinchon, executive director of the Mass Brewers Guild. “Sharing the process and interventions with members might help more than one business. Ultimately, we want all of the state’s breweries up and running and I am excited to see the sketches jump off the page and get out there for a pint in real life.”  

The team at Bechtel Frank Erickson Architects offered two designs for Untold Brewing to consider. The brewery ultimately chose the less invasive option which involved very little disruption to brewing operations while creating new circulation paths by expanding their outdoor space. The designs open up the patio wall, add new customer walkways, and provides additional lawn seating. The architectural plan offered allowed the team at Untold Brewing Co. to immediately improve their outdoor space to make it a safer environment for our customers. 

“The major challenge to tackle for Untold, as with any brewery during Covid-19, is how to get guests to come out, feel safe, and to have a positive experience at a brewery again,” says Taylor Theriault, Architect at BFE. “As a result, we tried to give Untold the flexibility to adapt immediately, but also to incrementally implement a masterplan for their desire to expand in the future. The idea that any modifications should not just be reactionary, but a calculated step toward a future vision was imperative.” Overall, the team looked for areas of underutilized space and improved circulation patterns to better activate their spaces which hopefully will encourage people to come have a beer with a little more breathing room if desired. 

“The final plan presented far exceeded my expectations – it was a really fun process, and the drawings were beautiful. Having professionally drawn plans will be a huge asset as we begin to implement different elements of the design,” says Elder. “We can’t wait to have our neighbors, friends and family back in the taproom. It’s been a long year without our beer community in the taproom.” 

Untold Brewing is located at 6 Old Country Way in Scituate, Mass. and will re-open to the public on Friday May 7, 2021. Tentative taproom hours of operation will be: Thursday 3-8 p.,. Friday 3-9 p.m., Saturday 12-9 p.m., and Sunday 12-6 p.m.. The brewery remains open for beer-to-go only on Wednesday 12-7 p.m. For more information visit, untoldbrewing.com.

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Just One Tenth of Plastic Can Carriers Get Re-Used Or Recycled in Massachusetts

A Team of Eco-Minded Breweries and
Environmental Groups Want to Change That

PR / Massachusetts (April, 2021) — It’s estimated* that at least 10 million new plastic can carriers are used annually by breweries in Massachusetts, with just 10% of them being collected and re-used, and less than 2% of them ever getting recycled. As a result, the amount of plastic beer packaging waste ending up in landfills each year is enough to fill any of the state’s largest breweries with discarded carriers rather than beer. 

A number of factors have combined to create a perfect storm in which carriers end up in the hands of consumers who pitch them into their curbside recycling bins because manufacturers market them as “100% recyclable.” But the state’s RecycleSmart website, an initiative of the Massachusetts department of Environmental Protection (DEP), and its three largest waste disposal companies (Casella, Republic, and Waste Management) all say that plastic carriers and six-pack rings are incompatible with sorting equipment. As a result, they get rejected and sent to landfill or incineration, both of which have negative impacts on the environment. 

The problem is exacerbated if brewery owners or taproom employees aren’t aware of the issue either. Even when informed of the fate of plastic can carriers, breweries and their customers have often had no practical way to dispose of them. For a deep dive on the conundrum of trying to recycle plastic can carriers, read noted national beer writer Dave Infante’s recent story for Vine Pair, “The Plastic PakTech Paradox.”

Starting in late April, the founder of EcoFriendlyBeer.com is launching an initiative to raise awareness about the problem, provide a variety of solutions that consumers and breweries can utilize, and significantly increase the state-wide rate of re-use and proper recycling of plastic carriers and rings. The Mass Brewers Guild (MBG) supports the idea, which it believes has the potential to make a real difference while sending a powerful message that the craft brewing industry wants to do business sustainably and do right by the environment. And the Mass. Brew Bros. are taking their support a step further, kicking off a social media campaign to challenge the state’s craft beer drinkers to rescue a million or more beer carriers by the end of 2021.

To help consumers meet the challenge, Eco-Friendly Beer and the Mass. Brew Bros. have partnered with GreenLabs Recycling on an innovative collection and recycling program that will start up in Metro Boston in early May. GreenLabs currently provides the only plastic recycling collection service of its kind for labs in academia and industry, and will soon make it available to four of Greater Boston’s popular breweries: the Harpoon Beer Hall in South Boston, Lamplighter Brewing in Cambridge, Mighty Squirrel Brewing in Waltham, and at Trillium Brewing’s Seaport and Fenway locations. The pilot program will ensure that collected can carriers actually get to a plastics processor, something that’s yet to be done in Massachusetts. Once there, they will go through a grinder and eventually get used as raw material for other plastic products.

In collaboration with RecyclingWorks, an assistance program funded by Mass DEP that helps businesses and institutions reduce waste and maximize recycling, breweries outside of the Metro Boston area will also have a recycling option if they’re willing to consolidate larger quantities and do the hauling themselves. Stockbridge Plastics will accept a full gaylord box (which holds about 12,000 carriers), but it must be delivered to their facility in West Boylston through a prior arrangement.

For the can carrier re-use and recycling initiative to have the most impact, breweries and beer stores will need to embrace corporate social responsibility (CSR) and replicate best practices developed by breweries such as Stone Cow in Barre, which began its full-scale re-use program in 2018 and has since packaged some 200,000 cans in sanitized and re-used carriers. Another is Untold Brewing in Scituate, which in 2020 re-used more carriers than any brewery in the state, some 29,000 (resulting in a savings of nearly $3,000 in annual packaging costs).

Cooperation will also need to come from the state’s larger breweries, for which re-use programs may not be practical due to automated application equipment and significantly higher production volume. Exhibit ‘A’ Brewing in Framingham doesn’t re-use, but has collected enough carriers through its take-back program to start offering them to smaller breweries who do. Such donation models could become common practice, especially for breweries with busy taprooms where high collection volumes are possible. Such an effort could significantly increase the percentage of beer currently being packaged with re-used carriers, saving small breweries money in the process.

If collections exceed donation demand, or when carriers are damaged and no longer usable, breweries should then turn to recycling. Greater Good Imperial Brewing in Worcester has an arrangement with its packaging provider to send specified quantities of collected and broken carriers back to the provider’s warehouse. When enough are gathered there, they can eventually be sent off to a recycling processor.

Informal can carrier take-back programs currently exist at more than a third of the state’s 200 breweries, but most only collect enough to package a portion of their beer with them. The most successful programs have actively promoted their efforts through social media and provided specific details to customers on which type or color they can re-use. Beer stores, too, can join the re-use and recycling efforts. Craft Beer Cellar in Belmont, one of the first to allow four and six-packs to be separated for sales of single cans and mix-packs, allows customers to return carriers to its store and has collaborated with breweries like Untold that are willing to re-use them.

When informed, and given the opportunity, many in the craft beer community do the right thing with their used can carriers. More work must be done, however, to raise awareness on how the craft beer community can improve the current re-use and recycling rate of just 10%. Use the map below to see where plastic can carriers can be turned in and given a second life in your area.

For more information regarding proper can carrier and ring recycling, refer to EcoFriendlyBeer.com’s Can Carrier Recycling Fact Sheet. For guidance on starting or improving a re-use or recycling program, reference the Can Carrier Re-Use and Recycling Best Practices document. For any other questions, or for help navigating any of the program logistics contact Rob at ecofriendlybeerdrinker@gmail.com or MassBrewBros@gmail.com.

*Estimates for can carrier use, re-use and recycling were calculated using data collected by the Mass. Brew Bros. through correspondences with Massachusetts breweries, officials from recycling groups, and the state’s largest waste management companies. The 10 million figure doesn’t include beer purchased in Massachusetts from out-of-state breweries. When those figures are included the total number of can carriers entering the waste stream is significantly higher.

About Eco-Friendly Beer Drinker

Rob Vandenabeele, an avid gardener, biker, nature lover and beer industry blogger, founded the EcoFriendlyBeer.com website in early 2020. Currently enrolled in the Environmental Studies program at the Harvard Extension School, his goal is to inspire people to better protect our earth, the only planet with craft beer. You can follow him on Facebook, Twitter or Instagram at @EcoFriendlyBeer.

About GreenLabs Recycling

GreenLabs Recycling collects and recycles empty pipette tip boxes, refillable wafers and other plastic items from research facilities in Greater Boston, providing locally-based, cost effective plastic recycling solutions to help make science sustainable. In late April, it will launch a pilot program to help select breweries in Metro Boston properly recycle plastic can carriers that aren’t accepted for municipal curbside recycling programs.

About RecycleSmartMA

An initiative of the Massachusetts Department of Environmental Protection (DEP), RecycleSmartMA provides educational resources for residents, customers, students, tenants, co-workers or mothers-in-law to help get the word out about Smart Recycling. Its Recyclopedia widget allows anyone to search hundreds of common items (from paper bags to pizza boxes) to find out if they belong in the recycling bin or elsewhere.

About RecyclingWorks

RecyclingWorks in Massachusetts is a recycling assistance program funded by the Massachusetts Department of Environmental Protection and delivered under contract by the Center for EcoTechnology that helps businesses and institutions reduce waste and maximize recycling, re-use, and food recovery opportunities.

A Road Map to Clean and Green

IMPORTANT NEW STANDARDS
Massachusetts Climate Act of 2021
Signed into Law by Governor Baker on 3/26/2021

On March 26, 2021, Governor Baker signed into law the Climate Act of 2021 .  These new standards will drastically change the way breweries will need to do business.  We at Patriot Energy, a division of Mantis Innovation Group, want to help with these transitions by providing consultative strategies outlining items that your business will need to comply with along with when you will need to make these changes by.  

*NOTE:  A lot of the due dates are still unknown, but this should give you time to plan. As due dates become available we will continue to update the Mass Brewers Guild so you can plan and make modifications.

Ask yourself what your strategy will be and what will it take to get there.

Please feel free to reach out anytime with questions:

Tina Patnode-Fisher
Senior Account Executive
tpatnode@patriotenergygroup.com 
T: 413 351 0273 
M: 860 836 1763

I.               Set New Statewide Greenhouse Gas Emission Goals

                  A.              Achieve “net-zero” emissions by 2050

                                    1.              Interim benchmark of 50% lower by 2030

                                    2.              Interim benchmark of 75% lower by 2040

II.              Requires Emission Reduction Targets for Sectors 

A.              High-priority sectors include electricity, transportation, commercial and industrial buildings, residential buildings, industrial processes, and natural gas distribution

                                    1.              Setting 5-year emission reduction goals

III.            Environmental Justice (EJ) Language Becomes Law

                  A.              Creates new standards for public participation in the decision-making process for all new projects

                  B.              Required to now look at the total “cumulative impacts” a project has

                                    1.              How pollution from a proposed project will add to already-existing pollution

IV.            New Municipal Stretch-Code

                  A.              Putting in place a more efficient stretch-code for buildings to have “net-zero” emissions

                                    1.              Department of Energy Resources to announce new stretch-codes in 18 months

V.              Public Utilities Priorities Updated

A.              Added security, equity, and reducing greenhouse gas emissions, to the existing priorities of safety, reliability, and affordability 

VI.            Renewable Energy Demand Increased

A.              Increased amount of renewable energy required

1.              Starting in 2025 the yearly increase of 2% will change to at least 3% yearly for their “renewable energy portfolio”

B.              The utility companies must secure a total wind power procurement of 5,600 megawatts 

                  (additional 2,400 megawatts)

VII.           Natural Gas Utility Companies must utilize new technologies

A.              Reduces regulatory burdens and financial risks for utility companies willing to experiment with innovative clean energy technologies – i.e.  Geothermal heat pumps

VIII.         Establishes Renewable Energy Goals for Municipalities

A.              Requires the purchase of 50% of power from “non-carbon emitting” sources by 2030

B                Requires net-zero emissions by 2050

IX.             Change MassSave Priorities to now include the reduction of emissions in energy efficiencies

X.              New Energy Efficiency Standards for most Appliances – new energy efficiency requirements

                  A.              Adopting California’s strongest-in-the-nation efficiency standards for household appliances

                  B.              “Commercial and Residential - manufacturing equipment, kitchen appliances, plumbing, lighting, computers, electric vehicle   

                                    supply equipment, faucets, ventilating fans, toilets, and water coolers”

XI.             Create Electric Vehicle (EV) and Charging Station Targets

A.              Governor to set numerical benchmarks for the number of EVs on the road by a given year, and the installation of EV chargers

                  B.              Establish rebate or incentive programs to meet benchmark number

XII.           Solar Power – new rules to make more use of solar power and encourage solar development

                  A.              Community Solar Project ease

                  B.              Grants for non-profits

                  C.              Ease of selling excess energy back to the grid

XIII.          Clean Energy Job Training Programs

A.              Increases the annual budget by $12 million for the Mass Clean Energy Center (MassCEC) to spend on workforce development

Massachusetts craft brewers team up to diversify their industry

Harpoon parent and state trade group launch a website, training series

Originally featured on BostonGlobe.com

Dan Kenary used to look around at craft beer events and see the same thing: “a bunch of white dudes with beards and flannel,” as he puts it.

Kenary, chief executive of Harpoon beer parent Mass. Bay Brewing, is hoping to change that, once in-person events resume. His company has teamed up with the industry’s statewide trade group, the Massachusetts Brewers Guild, to launch an ambitious effort to diversify the ranks.

This month, they unveiled a website, dubbed Hop Forward Equality, to serve as a central clearinghouse for the industry in terms of diversity and inclusion initiatives, book suggestions, job postings, and best practices. They’re also launching a series of training sessions, virtual at first, to help executives diversify their teams.

About 6,000 people work for the craft beer industry in the state, primarily at one of the 210 breweries here. Women are playing an increasing role. But people of color remain poorly represented.

Kenary’s company and the brewers guild are also supporting a video travelogue series, hosted by Live Like A Local Tours founder Collin Knight, to highlight brewers across the state and their contributions to diversity.

For the first installment of this series, Knight headed out to Springfield, to visit with Ray Berry, founder of White Lion Brewing and one of a handful of Black brewery owners in the state. He opened his brewery last year after several years of contract brewing. The COVID-19 pandemic delayed things, but now Berry is eager to welcome visitors. He raises a glass to the Hop Forward Equality effort.

“I’m very proud and encouraged by Mass. Bay Brewing and the local Mass. guild for understanding that there is truly a deficit in our trade and looking to be creative in conversation and in action steps to bring awareness and move the needle,” said Berry, who is a member of the brewers guild’s diversity committee. “They are taking a very proactive step in the right direction.”

Mass. Bay hosted a diversity job fair in October 2019, also using the “Hop Forward” name, at the Harpoon brewery in Boston after Kenary found it tough to attract applicants from diverse communities. That fair was supposed to be a springboard to a series of job-focused events across the state in 2020, but the pandemic interfered. Brewers guild executive director Katie Stinchon and Mass. Bay HR chief Rich Ackerman didn’t want to let their momentum or the partnerships they formed fade away, so they channeled their energy into new directions: the website, the training sessions, the “Back Brew Dialogues” hosted by Knight.

The brewers can make a business case for these efforts, including broadening the market for their beers, and bringing more diversity of thought to their workforces. Stinchon estimated that craft beer trade groups in at least 10 other states have diversity and inclusion initiatives — but none have their own online resource center, at least not yet.

“This has to be a broader-based effort, and it’s got to be made more permanent,” Kenary said. “Not enough attention has been paid to diverse communities. ... I’m not 100 percent sure of the reason. Maybe we’re too insular of an industry at times, more focused on what each other were doing, instead of how we could reach out to underserved and underrepresented communities.”

Jon Chesto can be reached at jon.chesto@globe.com. Follow him on Twitter @jonchesto.

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