• Can I Replace a Seasonal Employee Receiving Workers’ Compensation Benefits?

    By Carrie Mason-Draffen carrie.mason-draffen@newsday.com DEAR CARRIE: I have a question about a worker who is out on a workers’ compensation claim. He worked as a seasonal employee and will be out about six months. If he is not able to come back to work before the new season starts, can the employer fill the position right away, and is the employer obligated to hire that employee again? — Employer’s Rights DEAR DOESN’T: For answers, I turned to an attorney who primarily represents employers, Christine Malafi, a partner at Campolo, Middleton & McCormick in Ronkonkoma. Based on the facts you presented, she said the employer ...

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    Tuesday, November 21st, 2017

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  • The Hauppauge Industrial Park Deserves Its Day in the Sun

    By Joe Campolo and Terri Alessi-Miceli When people talk about Long Island, they mention its sandy beaches, seaside harbors and quaint villages. Perhaps the largest, and most hidden, gem among these sites is the Hauppauge Industrial Park (HIP), the second largest industrial park in the nation behind Silicon Valley and a major economic engine serving all Long Island. But for too long, the businesses in the park have been deprived a seat at the table when Town and State budgets are determined, threatening the Park’s success and survival despite its major economic contributions to the state and local economy. It’s imperative that ...

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    Wednesday, November 15th, 2017

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  • Salespeople: Employees or Independent Contractors?

    By Bernadette Starzee By using independent contractors instead of hiring employees, employers cut various expenses, from health insurance to payroll taxes. However, workers are sometimes misclassified as independent contractors when they are really employees, which could be a costly mistake for their employers. Often, misclassification shows up in the salesperson category. As salespeople have various arrangements with regard to where they work and how they are compensated, even well-meaning employers often get the classification wrong. Employers might also think that because their salespeople are paid on a commission basis rather than a salary that they do not have to classify them as employees. “When ...

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    Tuesday, November 07th, 2017

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  • New Law Prohibits NYC Employers from Inquiring About Applicants’ Salary History

    Businesses with employees in New York City, take note: beginning October 31, 2017, employers cannot inquire about an applicant’s salary history (wages, benefits, or other compensation) or rely on that history to make decisions in the hiring process, such as determination of salary, benefits, or in the negotiation of an employment contract. It’s critical that employers understand their obligations under the new law and take proactive steps to ensure compliance.  Here, some details: What does the law prohibit? The law prohibits employers from asking questions or seeking information about a candidate’s current or prior earnings or benefits, such as on a job application; ...

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    Friday, October 27th, 2017

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  • November 29 – CMM Business Breakfast: The Long Island Real Estate Landscape Reimagined

    The Long Island landscape has changed drastically since Levittown became a national symbol of postwar suburban sprawl, but the future remains uncertain. What challenges will today’s developers, municipalities, and residents face tomorrow in the ever-changing world of Long Island commercial and residential real estate? Join us for a wide-ranging panel discussion with a mix of important voices about the future of real estate on our island. Our prominent panel of industry insiders will share their insights on critical topics including: How the values and preferences of millennials are already shaping commercial and residential development projects The impact of ride-sharing services such as Uber ...

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    Friday, October 27th, 2017

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  • Cybersecurity on Your Side: Nationwide Settles Data Breach Lawsuit Spanning 33 States

    It’s happening more and more these days: massive data breaches are affecting companies that people use on a regular basis for business or personal reasons.  Typically, hackers will infiltrate a company’s security system, exposing sensitive and personal information of that company’s customers.  Lawsuits then follow, typically in the form of a class action.  Back in May of this year, Target agreed to pay $18.5 million across 47 states as part of a settlement in a lawsuit stemming from a data breach that occurred in 2013.  As anyone who shops at Target may recall, this particular data breach occurred during the ...

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    Friday, October 27th, 2017

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  • “That’s Not My Problem!” Or Is It? Successor Liability in New York Asset Purchases

    Congratulations…you just bought a business. But, what else did you “buy”? Many M&A deals are structured as asset purchase transactions so that the buyer can acquire only those things that make money and leave the liabilities and obligations that cost money behind for the seller to resolve after the closing.  But, that’s not always what happens in reality. Let’s begin with a bit of good news. In New York, the general rule is that a purchaser of a company’s assets is not liable for the seller’s liabilities and obligations except for those that are specifically identified as being acquired by the purchaser ...

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    Friday, October 27th, 2017

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  • New York’s Family Health Care Decisions Act

    Let me say right up front that the best thing you can do when it comes to medical decision-making is execute a Health Care Proxy appointing an agent.  This agent can make your medical decisions if you are unable. That being said, if you didn’t appoint anyone, in 2010 New York enacted the Family Health Care Decisions Act (FHCDA).  The law provides a procedure for appointment of a surrogate to make healthcare decisions for you if you lack the capacity to make your own medical decisions.  It even makes it possible for a family member or loved one to withdraw life ...

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    Friday, October 27th, 2017

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  • Tesla Science Center Receives $1M Local Donation

    By Kevin Redding The donation made by Eugene Sayan will help with plans to renovate the Tesla Science Center at Wardenclyffe in Shoreham. Image from Marc Alessi The Tesla Science Center at Wardenclyffe aims to be a major hub of exploration and innovation on Long Island, not only preserving Nikola Tesla’s life but actively helping to inspire the inventors of tomorrow. It is now another step closer to that thanks to the generosity of a local entrepreneur greatly inspired by the Serbian-American scientist. During a celebration of the nonprofit’s long-term vision for its Shoreham site last month at the The Ward Melville Heritage ...

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    Friday, October 27th, 2017

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  • East End Business Community Votes CMM “Best of the Best” Law Firm

    Bridgehampton, NY – The East End business community has spoken, awarding Campolo, Middleton & McCormick the Gold Prize in the 2017 Dan’s Best of the Best competition in the category of Best Law Firm – South Fork.  The winners will be celebrated at a dinner reception on Friday, November 10 at the Suffolk Theater in Riverhead. Sponsored by Dan’s Papers and Bridgehampton National Bank, Dan’s Best of the Best program serves as the ultimate guide to the premier businesses of Long Island’s East End, recognizing leaders in categories from wineries and restaurants to financial planners and nonprofits. Prevailing over a competitive ...

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    Tuesday, October 24th, 2017

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Fred Eisenbud