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News (All)

Vincent Costa and David Green Named CMM Partners

Posted: December 19th, 2022

Campolo, Middleton & McCormick, LLP is delighted to announce that attorneys Vincent Costa and David Green have been elevated to Partners at the firm, effective January 1, 2023.

Vincent Costa is a corporate lawyer with a focus on complex M&A transactions. Working with large corporations and high-net-worth individuals, he has closed countless M&A deals worth billions of dollars. He has successfully negotiated and led the CMM team on a variety of complex corporate matters including business divorces, buy-side and sell-side mergers and acquisitions (asset and stock purchases and sales), and financings, with particular experience in the healthcare, retail, construction, manufacturing, and technology sectors. Serving as the liaison among all the advisors and professional service providers involved in a deal, Costa has an eye for seeing how all the puzzle pieces fit together. By collaborating with clients’ teams of financial advisors, accountants, and M&A advisors, he works to achieve a smooth transaction for the benefit of the client.

Costa joined CMM in 2014 and worked his way up to Associate and Senior Associate before being named Partner. He graduated from Stony Brook University and Touro College – Jacob D. Fuchsberg Law Center. He lives in Sayville with his wife and two young sons.  

David Green, based in our Westbury office, represents all types of businesses and individuals in various areas of litigation. He achieves results for his clients by utilizing all available legal strategies to help them navigate a complicated legal system. Green has spent many years in courthouses successfully fighting for his clients. His experience includes complex discovery, trials, appeals, securing settlements, and alternative dispute resolution. His unique background allows him to successfully represent companies and individuals in a wide range of industries including technology, publishing, fashion, import/export, construction and development, education, transportation, and healthcare. Green’s experience inside and outside the courtroom allows him to craft creative and effective solutions that help his clients save critical time and resources.

Also a Trustee of the Sea Cliff Village Library, Green joined CMM in 2018 as an Associate.  He was promoted to Senior Associate in 2020 before being named Partner. He graduated from the University of Delaware and the University of Miami, School of Law. Green lives in Sea Cliff with his wife and three sons.

Costa and Green’s elevation to Partner is a milestone professional achievement for them and the firm. We are so pleased to congratulate them!

CMM Closes Sale of Northeast Aero Compressor to Leading Designer of Aerospace Parts and Repair Services

Posted: December 2nd, 2022

Even in the post-Grumman era, Long Island continues to be a world leader in the aerospace industry. Campolo, Middleton & McCormick represents several clients in this space and has guided them all the way through from when they launched their businesses through landing very lucrative and successful exits. CMM recently facilitated a multi-million-dollar stock purchase transaction for our client Northeast Aero Compressor (NEACO), a leading aerospace repair business. The acquisition was made by Jet Parts Engineering, a leading designer of proprietary OEM-alternative parts and repair services for the commercial aerospace industry and a portfolio company of Vance Street Capital.

CMM’s Donald Rassiger led the transaction team with significant support from Vincent Costa, Zachary Mike and paralegal Cailey McByrne. The team worked with Managing Partner Alan Sasserath of Sasserath & Co. CPAs to close the deal.

View the press release below or here.

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JET PARTS ENGINEERING ACQUIRES NORTHEAST AERO COMPRESSOR
November 30, 2022 | Source: Jet Parts Engineering

Seattle, WA – Jet Parts Engineering (JPE), a leading PMA parts and engineered repairs provider, today announced the acquisition of Northeast Aero Compressor (NEACO), a certified 145 repair station and industry leader specializing in the maintenance of complex pneumatic, hydraulic, fuel, and electro-mechanical systems while incorporating DER repair and PMA capabilities.

The acquisition of NEACO by JPE creates a diversified leader in PMA parts, DER repairs, and component repair/overhaul capabilities to offer a broad array of aftermarket services to their commercial, cargo, regional and military aircraft customers. JPE plans to invest significantly in NEACO’s Bohemia, NY facility to expand their technical resources and meet high market demands for aftermarket repairs.

“Jet Parts Engineering is thrilled to partner with NEACO and continue to deliver high quality solutions in the aftermarket. Linda and Mike Gibson have built a terrific team,” said Anu Goel, CEO of Jet Parts Engineering. “NEACO is a huge opportunity to add a highly complementary portfolio of component repairs to our existing PMA and DER offerings.”

NEACO was founded in 1989 with the mission of becoming a preeminent aerospace industry leader. For over three decades, NEACO has remained dedicated to continually building a knowledge base and new aviation capabilities. The team at NEACO have rigorously reviewed and audited their procedures over the years, ensuring their fast and accurate service exceeds the expectations set by their customers and the FAA.

The transaction was overseen by Vance Street Capital, a middle-market private equity firm focused on investing in highly engineered solutions businesses across the aerospace and defense, industrial, and medical markets. JPE is a Vance Street Capital portfolio company.

“The Gibson family built a valuable business founded on the principles that Vance Street prioritizes in all investments: customer-first attitude, high quality standards and humility,” said Nic Janneck, Partner at Vance Street. “We are excited to continue to support the JPE team on their fourth add-on under Vance Street ownership.”

Campolo Moderates HIA-LI Annual Meeting & Legislative Program

Posted: November 30th, 2022

Event Date: January 13th, 2023

Joe Campolo will moderate the HIA-LI 45th Annual Meeting and Legislative Program on Friday, January 13, 2023. The event will be held at The Radisson Hotel in Hauppauge from 8:00am – 10:30am. Hear from your local and state representatives while you learn about Long Island business initiatives and the 2023 economic forecast.

Click here for more information and to register for the event.

CMM Represents Pure Property Group LLC in its Acquisition of a Property Management Division of a Long Island Business

Posted: November 21st, 2022

Congratulations to our client Pure Property Group LLC! CMM recently guided the company through its purchase of the property management division of a South Fork business. PPG manages residential properties on Long Island’s East End, and this acquisition provides the company with new clients as well as a platform for their further growth in the area.

CMM’s Don Rassiger and Vincent Costa efficiently handled the deal, illustrating CMM’s ability to successfully close deals large and small across a wide range of industries. Learn more here about CMM’s Mergers and Acquisitions practice.

2023 Changes to Minimum Wage and Overtime Exempt Salary Threshold

Posted: November 14th, 2022

By: Zachary Mike, Esq. email

As the end of the year approaches, it is important to remind New York State employers and employees of the increased minimum wages that affect both hourly and salaried employees.

For hourly, non-exempt workers, please see the chart below for basic hourly minimum wage increases that go into effect as of December 31, 2022:

Minimum Wage Increase

Geographic Location/Increase from 20222023 Rate
NYC$15.00 per hour (no change)
Nassau, Suffolk, & Westchester$15.00 per hour (no change)
Remainder of New York State$14.20 per hour

To the extent your business pays basic minimum wage, it is important to make sure that the increased wages are reflected as of December 31, 2022.

Tip Credit

New York State also allows employers in certain industries to satisfy the minimum wage by combining a cash wage paid by the employer plus a credit for tips the employee receives from customers. The minimum hourly rates New York employers must pay most tipped employees go into effect as of December 31, 2022:

Service Employees

Geographic Location 2023 Rate/Tip Credit
NYC$12.50 / $2.50 (no change)
Nassau, Suffolk, & Westchester$12.50 / $2.50 (no change)
Remainder of New York State$11.85/ $2.35

Food Service Employees

Geographic Location 2023 Rate/Tip Credit
NYC$10.00 / $5.00 (no change)
Nassau, Suffolk, & Westchester$10.00 / $5.00 (no change)
Remainder of New York State$9.45/ $4.75

The “tip credit” rules can be difficult to follow, so it is important to track this information to ensure that tipped employees are receiving at least basic minimum wage, inclusive of tips, when calculating wages.

Increased Salary Threshold for Overtime Exemption

Finally, there are increases in the minimum salary threshold that must be met for exempt employees. As of December 31, 2022, the following minimum salaries must be paid for exempt administrative and executive employees:

Geographic Location 2023 Salary Threshold
NYC$1,125.00 per week ($58,500.00 annually) (no change)
Nassau, Suffolk, & Westchester$1,125.00 per week ($58,500.00 annually) (no change)
Remainder of New York State$1,064.25 per week ($55,341.00 annually)

With the upcoming changes, it is important to update policies and pay practices to stay in compliance.  If you have a question about minimum wage, overtime, or wage and hour exemptions, please contact us or call (631) 738-9100.

CMM Represents Market Leader SUNation Energy in its Acquisition by Pineapple Energy

Posted: November 11th, 2022

Campolo, Middleton & McCormick is pleased to have represented SUNation Energy, a top solar and energy expert throughout the Long Island area, in its acquisition by Pineapple Energy, a leading provider of sustainable solar energy and back-up power to households and small businesses.

Joe Campolo and Vincent Costa led the deal team, which included CMM’s Marc Saracino and Cailey McByrne, as well as Alan Sasserath, Fred Rook, and Sean Laurie of Sasserath & Co. CPAs.

Congratulations and thank you to SUNation’s Scott Maskin and Jim Brennan, who recognized us as “a world class legal team.”

View the full press release below or here.

Pineapple Energy Acquires New York-based SUNation Energy

November 10, 2022 08:15 ET | Source: Pineapple Energy


Acquisition Expected to Triple Annual Revenue
Strong Fit with Pineapple’s Customer-centric Model

MINNETONKA, Minn., Nov. 10, 2022 (GLOBE NEWSWIRE) — Pineapple Energy Inc. (“Pineapple,” “Pineapple Energy” or the “Company”), a leading provider of sustainable solar energy and back-up power to households and small businesses, today announced the acquisition of SUNation Energy (“SUNation”), a New York-based installer of solar and battery energy storage systems for residential and small commercial customers. The transaction closed on November 9, 2022.

SUNation has served Long Island for 19 years, offering a range of solar energy solutions including residential, commercial, battery storage, and roofing, and currently services over 12,000 PV systems. Over the course of almost 8,000 projects since inception, SUNation has installed over 275,000 solar panels representing 92 MW of clean, carbon-free solar power.

The acquisition reinforces Pineapple’s strategy as a customer-centric company, building long-term customer relationships through its “white-glove” customer experience. SUNation’s commitment to high-quality customer service, which aligns with Pineapple’s customer-centric culture, was an important reason for the acquisition.

Founder Scott Maskin will continue to manage SUNation in New York. Scott will be leveraged to engage current and future acquisitions in core value alignment and be appointed to Pineapple’s board of directors. SUNation’s Chief Growth Officer Jim Brennan will move into a strategic role at Pineapple Energy, leading the corporate development function, where he will help execute the strategic vision for both organic and M&A-driven growth.

“We’re thrilled to announce the SUNation acquisition, which is a fantastic complement to our Hawaii Energy Connection and E-Gear acquisitions which closed alongside our merger into a publicly traded company earlier this year,” said Kyle Udseth, CEO of Pineapple Energy. “This acquisition is an indication of the growth potential inherent in our strategy of consolidating and building a nationwide solar, battery storage and home energy management business. We believe the acquisition will give us more scale, increase our revenue substantially, and move us toward achieving the important goal of reaching cash flow positive in 2023. Further, it expands our footprint into the northeastern United States, a region with strong demand for solar energy. We’re excited to welcome the SUNation team to the Pineapple family and look forward to growing our business as an integrated team.”

SUNation Founder, CEO and Chief Fun Officer Scott Maskin added, “SUNation Energy is elated to join the Pineapple Energy family. Almost 20 years ago we set out to change the way our friends and neighbors powered their homes and businesses. Through the years we’ve seen many companies come and go, mostly because they forgot who was most important, the customer. We are so fortunate to find a team that shares the same core values and goals as SUNation. Dominant, high quality, referral based regional companies are the heart and soul of this industry and Pineapple was quick to recognize the amazing work the SUNation team has accomplished. Together with the Pineapple team we can scale this model nationally while delivering the highest quality customer experience possible The Pineapple team is humble, knowledgeable and aggressive. We are an unstoppable team.”

Pineapple Chief Financial Officer Eric Ingvaldson expanded on the financial and strategic rationale, “SUNation moves us closer to the critical mass we need to accelerate our growth. They generated revenue of $48 million in the trailing twelve months ended September 30, 2022, which represents approximately twice the revenue generated by our Hawaii operations. In addition, we are continuing to focus on other acquisition opportunities. We are excited about the potential to enter 2023 with strong business momentum, a growing national footprint, an outstanding team with extensive solar industry knowledge, and positioned to become cash-generating during the year.”

PIPE Investment Reset

Following market close on November 9, 2022, the Company also entered into an agreement with the Company’s existing preferred stock and warrant holders (the “PIPE Investors”), whereby these investors provided certain waivers to the anti-dilution protections, in return for a reset of the conversion price of the preferred stock to $4.00 and a reset of the strike price on certain of their warrants to $4.00 from $13.60. Following the adjustments, the Company’s $32 million of Series A Preferred Stock preference is currently convertible into approximately 8 million shares of common stock at $4.00 per share and the PIPE Investors hold warrants to purchase approximately 4.0 million shares of common stock at $4.00 per share and warrants to purchase approximately 1.2 million shares of common stock at $13.60 per share. The conversion price Series A Preferred Stock and the conversion price of the warrants and the number of shares issuable upon exercise of the warrants continue to be subject to further adjustment in accordance with their terms. “We believe that this reset will help to clear the Company’s capitalization and provide greater flexibility to the Company to continue its growth through acquisitions,” said Kyle Udseth, CEO of Pineapple Energy.

About Pineapple Energy

Pineapple is focused on growing leading local and regional solar, storage, and energy services companies nationwide. Our vision is to power the energy transition through grass-roots growth of solar electricity paired with battery storage. Our portfolio of brands (Hawaii Energy Connection, E-Gear, Sungevity, and Horizon Solar Power) provide homeowners and small businesses with an end-to-end product offering spanning solar, battery storage, and grid services.

About SUNation

SUNation is a residential and commercial solar installer in the state of New York. SUNation Service is a division of SUNation Energy that provides a wide range of services that are necessary for maintaining a customer’s solar system. For the 13th year in a row, SUNation has been voted the Best Solar Business on Long Island and the company is at the highest credential level with Tesla, REC, S Energy, Enphase, Sonnen and Span IO.

Project Toy Holiday Drive

Posted: November 10th, 2022

Event Date: December 7th, 2022

For the 2022 holiday season we will be collecting toys and gifts for Family Service League’s (FSL) annual holiday gift drive, Project TOY. Project TOY helps bring joy and toys to families throughout Suffolk County by providing gifts for children and teens in need.

FSL deeply appreciates and accepts donations for children of all ages. Gifts/gift cards for teenagers and wrapping paper are especially welcome!

The collection will run from Monday, November 14th – Wednesday, December 7th in the Strata Building at 4175 Veterans Highway, Ronkonkoma in Suite 400. 

You can donate to the toy drive by:

  • Bringing new, unwrapped gifts to our 4th floor reception desk.
  • Purchasing a gift online by visiting FSL’s Amazon Wishlist.
  • Donating gift cards or volunteering. For more information about these opportunities, contact Jackie at jhilbert@cmmllp.com

For more information or any questions, contact Jackie Hilbert at 631-738-9100 ext. 330 or jhilbert@cmmllp.com.

What Employers Need to Know About New York City’s “Salary Transparency Law”

Posted: November 8th, 2022

By: Vincent Costa, Esq. email, Zachary Mike, Esq. email

Tags:

As of November 1, 2022, all employers advertising jobs in New York City are now required under the Salary Transparency Law (“Law”) to include a good faith salary range for every job, promotion, and transfer opportunity advertised. This new law, which amends the New York City Human Rights Law (NYCHRL) and is enforced by the New York City Commission on Human Rights (NYCCHR), subjects employers advertising jobs in New York City to a series of additional requirements when posting job advertisements.

What is the Salary Transparency Law?

It is now considered an unlawful discriminatory practice in New York City to advertise a job, promotion, or transfer opportunity without including in the advertisement the employer’s good faith minimum and maximum range of base salary or wage the employer believes at the time of the posting it would pay for the advertised position. Similar legislation is currently pending in the New York State legislature.

Who is covered by the Law?

  • (i) Employment agencies, regardless of their size, and (ii) all employers with four or more employees or one or more domestic workers are covered by the Law, as long as at least one of the employees works in New York City.
  • The four employees do not need to work in the same location, and they do not need to all work in New York City.
  • The Law also applies to postings for either fully remote or hybrid positions, if the position can or will be performed in New York City, in whole or in part, whether from an office, in the field, or remotely from the employee’s home.

What kind of job postings are covered?

  • An “advertisement” is broadly defined to capture any written description of an available job, promotion, or transfer opportunity that is publicized to potential applicants, regardless of the method of dissemination. For example, “covered listings” of advertisements include, but are not limited to, postings on internal bulletin boards, internet advertisements such as on LinkedIn and ZipRecruiter, printed flyers, and newspaper advertisements.
  • The Law not only covers advertisements that seek full- or part-time employees, but also interns, domestic workers, and independent contractors.
  • Excluded job postings include temporary employment or positions that cannot, and will not, be performed in New York City (even if the employee lives there) – for example, an in-person role on Long Island.
    • Furthermore, the Law does allow employers to hire or continue hiring without using an advertisement. It does not compel employers to create an advertisement as a condition of hiring.
    • For instance, if a covered employer who is not advertising any job postings decides to directly reach out to a prospective candidate, such as via referral or “word of mouth,” then such action is permissible under the Law.

How does the pay range posting work?

  • Employers must state the minimum and maximum salary range (the range cannot be open-ended) they in good faith believe at the time of the posting they are willing to pay for the advertised job, promotion, or transfer opportunity. “Good faith” is defined as the salary range the employer truly believes at the time they are listing the job advertisement that they are willing to pay prospective employees.
    • For example, “$15 per hour and up” or “maximum $50,000 per year” would be too open-ended and not be consistent with the new requirements.
  • Advertisements that cover multiple jobs, promotions, or transfer opportunities can include salary ranges that are specific to each job opportunity.
  • Salary includes the base annual or hourly wage or rate of pay, regardless of the frequency of payment. For example, it would include an hourly wage of $15 per hour or an annual salary of $50,000 per year.
  • Nevertheless, employers are not required by the new Law to include information in the job advertisement regarding other forms of compensation or benefits offered in connection with the advertised job opportunity, such as health insurance, PTO, severance pay, overtime pay, commissions, or bonuses.

How is the Law enforced?

  • The NYCCHR enforces the law by accepting and investigating complaints from the public regarding alleged violations of the Law.
  • Covered employers who are found to have violated the NYCHRL may have to pay monetary damages to affected employees, amend advertisements and postings, create or update policies, conduct trainings, provide notices of rights to employees or applicants, and engage in other forms of affirmative relief.
  • Employers are given a first warning for failure to comply with the Law, provided that the employer shows they have cured the violation within 30 days of receiving the NYCCHR’s notice of the violation. Failure to cure a first violation may result in civil penalties of up to $250,000.00 as well as for any subsequent violations.

Please contact us for guidance or with any questions.

For additional information, please visit:

https://www1.nyc.gov/assets/cchr/downloads/pdf/publications/Salary-Transparency-Factsheet.pdf

The information contained in this article is provided for informational purposes only and is not and should not be construed as legal advice on any subject matter. The firm provides legal advice and other services only to persons or entities with which it has established an attorney-client relationship.

EEOC Replaces Required Workplace Poster

Posted: November 1st, 2022

By: Christine Malafi, Esq. email, Zachary Mike, Esq. email

Tags:

After over 10 years without an update (the last update being November 2009), the U.S. Equal Employment Opportunity Commission (EEOC) has replaced the familiar “Equal Employment Opportunity is the Law” poster hanging in the breakrooms of most covered employers[1] with the new “Know Your Rights: Workplace Discrimination is Illegal” poster. EEOC regulations require covered employers to post notices that summarize the rights of employees and union members under applicable federal anti-discrimination laws enforced by the EEOC. [2]

The new EEOC poster contains a QR code for applicants or employees that links directly to instructions on how to file a charge of workplace discrimination with the EEOC,  a copy of which can be found at the EEOC’s webpage here, along with information on where to display the poster.

The new poster is touted as containing “plain language” that makes clear that harassment is a form of discrimination, and as making it “easier for employers to understand their legal responsibilities and for workers to understand their legal rights and how to contact EEOC for assistance.”

Further, the new poster makes it clear that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity, and contains information about equal pay discrimination for federal contractors.

The poster is currently available in both English and Spanish and will soon be available in additional languages.

Employers should hang the posters in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. The EEOC also “encourages” employers to post the notice digitally on their websites to supplement the physical posting requirement. The federal Americans with Disabilities Act also requires that the poster be placed in a location accessible to applicants and employees with disabilities that limit mobility.

There are fines for noncompliance, which are currently capped at $612 for each separate offense.[3] Accordingly, employers should print and post the posters to be in compliance with the law. Please contact us for guidance or with any questions.


[1] A “covered” employer is defined under federal law as an employer with fifteen or more employees. 42 U.S.C. 2000e(b).

[2] 29 CFR 1601.30(a).

[3] 29 CFR 1601.30(b).

The information contained in this article is provided for informational purposes only and is not and should not be construed as legal advice on any subject matter. The firm provides legal advice and other services only to persons or entities with which it has established an attorney-client relationship.