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By Jamie Herzlich, Newsday

Employees shouldn’t be bound by broad confidentiality and non-disparagement provisions that muzzle their ability to speak out against a former employer as a condition for their severance payout.

That’s what the National Labor Relations Board has said in a recent ruling that limits the extent employers can use confidentiality and non-disparagement clauses in severance agreements.

Reversing two Trump-era rulings, the board determined that requiring employees to sign such broadly written clauses is in violation of federal law under the National Labor Relations Act.

But keep in mind this doesn’t mean employees can engage in slander or tell lies, says Christine Malafi, senior partner and chair of the corporate department at Campolo, Middleton & McCormick LLP in Ronkonkoma.

Unprotected is speech that is “reckless or maliciously untrue,” she says.

Also, this doesn’t stop employers from drafting narrower agreements protecting their trade secrets, Malafi says.

A March 22 memo from the NLRB’s general counsel said the ruling covers past as well as current and future severance agreements, she says.

She says while many companies still use non-disparagement clauses in severance agreements, their use is declining. And over the last couple of years “more employees are calling out non-disparagement clauses,” Malafi says.

“They say: we won’t sign it with that in it,” Malafi says.

Read the full article on Newsday’s website.

We are pleased to share that Joe Campolo, CMM Managing Partner, has been selected for the inaugural LIBN Influencers in Law special edition publication. Advising companies on everything from formation to succession planning and all phases in between, Campolo is a part of this distinguished group that has helped strengthen Long Island’s business community.

Joe Campolo has been getting things done in the business community for more than 25 years and is a recognized leader for tackling large projects and delivering results. From advising business owners and CEOs on mergers and acquisitions, business, and legal strategies to running his own business, Campolo is immersed in finding creative solutions to complex problems. His deep, inner knowledge of the business world allows him to understand the perspective of business owners as they think about growing and selling their companies.

As a top business strategist, Campolo is the go-to advisor for the who’s who of Long Island business, and he is a member of the prestigious Long Island Business Hall of Fame. Recognized as a leading authority on negotiation, Campolo enjoys an advantage in both complex transactions and litigation and is routinely retained in “bet the company” legal matters by companies large and small. He takes a holistic approach to understanding all aspects of a client’s business. Joe’s deep network of trusted advisors enables him to seamlessly provide critical services to high-net-worth clients, helping protect, manage, and grow their businesses and other most important assets.

With a reputation for investing in the local business community, Campolo has grown his network through his work with organizations such as Stony Brook University, HIA-LI, Tesla Science Center, and the Long Island MacArthur Airport Advisory Board. In these positions, Joe advocates for business owners and collaborates with the business community to lead high-profile and complex economic initiatives. Notably, Campolo spearheaded the projects that revealed the extraordinary economic impact of the Long Island Innovation Park at Hauppauge and now leads a task force to revitalize and grow this economic anchor. He was also instrumental in securing a new airline at Long Island MacArthur Airport, bringing unprecedented growth opportunities for the regional economy and tourism.

Campolo is also deeply involved in philanthropy, starting his own nonprofit, CMM Cares. Built on the belief that bringing the business community together can make a difference in the lives of individuals and families, CMM Cares supports our Long Island neighbors facing unexpected challenges. Campolo also serves on the boards of the Guide Dog Foundation for the Blind and America’s VetDogs, and has served on many others throughout his career.

Campolo served honorably in the United States Marine Corps. He is a member of St. George’s Golf & Country Club in Stony Brook, and is an executive producer of “Tribute,” an award-winning short film. He graduated from Stony Brook University and Fordham University School of Law.

View the full LIBN Influencers in Law book here.

Securing the dismissal of a lawsuit against your client is always a win. But when the client doesn’t have insurance coverage for the type of loss and would have been on the hook for paying any damages in the suit, that win is especially gratifying.

An employee of a Nassau County public authority allegedly sustained injuries from a slip and fall at work after the office cleaning company had mopped the floor. She brought a personal injury action against the cleaning company, which in turn brought the public authority (CMM’s client) into the suit.

The CMM team, including Scott Middleton, Richard DeMaio, and Meagan Nolan, moved for summary judgment (essentially, asking the court to find that there are no facts in dispute and to dismiss the case against our client). Leaving nothing to chance, we pursued dismissal based on three arguments:

1. the plaintiff did not suffer a “grave injury” (under the Labor Law, an employee’s injuries must meet the specific definition of “grave injury” for the employer to be found liable);
2. there was no proof of a written contract between our client and the cleaning company, so their pursuit of contractual indemnification and contribution could not stand; and
3. the cleaning company’s claims for common law indemnification and contribution also could not stand since the plaintiff did not suffer a “grave injury.”

Ultimately, all three arguments persuaded the court to find in our favor. The court agreed with our analysis that the medical experts’ submissions as well as the plaintiff’s own deposition testimony established that she did not sustain a “grave injury.” The Court also agreed that there was no proof of a contract between the public authority and the cleaning company. Based on CMM’s arguments, the court granted our motion for summary judgment – an especially important win for our client.

Learn more about our successful handling of municipal litigation here.

Town of Islip – Long Island MacArthur Airport today officially dedicated its $8.4 million, 12,000 SF Ground Transportation Center (GTC) following the completion of a Terminal Walkway, the final component of the project. Additionally, the airport announced $26 million in improvements to the Main Terminal Building, along with Mechanical Engineering and Plumbing (MEP) upgrades. While this construction work is funded by separate grants, the projects will take place simultaneously for efficiency, and to keep operations running smoothly for customers. The project is expected to take approximately one year to complete.

“We all know these have been challenging times for airlines with crew shortages, rising fuel prices, and economic uncertainty. Despite this, we know the business community’s strong desire for more flights and commitment to Long Island MacArthur Airport,” said Joe Campolo, Airport Advisory Board Member, HIA-LI Past Board Chairperson and Managing Partner at Campolo, Middleton & McCormick, LLP. “Airports across the country are competing more and more for air service and grants. These new projects and significant funding help us make a strong case to airlines to bring their aviation assets to our community,” he added.

Read the full press release here.