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Campolo Presses Elected Officials at HIA-LI Annual Meeting

Posted: January 25th, 2021

On January 22, 2021, CMM Managing Partner and HIA-LI‘s Immediate Past Board Chairman Joe Campolo moderated the 43^rd HIA-LI Annual Meeting and Legislative Breakfast, attended by over 150 members of the business community. Joe reported on Long Island’s relentless push for recovery and hope in 2021. He then led a discussion with elected officials about the issues most affecting the business community. Panelists included U.S. Congressman Lee Zeldin, Nassau County Executive Laura Curran, New York State Assemblyman Mike Fitzpatrick, and New York State Senator Mario Mattera, with additional remarks by NYS Lieutenant Governor Kathy Hochul and Suffolk County Executive Steve Bellone. Read Joe’s full remarks below.

Good morning everyone. I’m Joe Campolo and I’d like to welcome everyone to our Annual Meeting and Legislative Program.

For the past three years, I have had the privilege of serving the HIA-LI and the Long Island business community as the Chair of the Board and it has been the honor of a lifetime. As my term as Chair now ends, and as we embark on a new and hopefully more prosperous year, I’m proud to continue to serve on the HIA-LI Board and as chair of the Long Island Innovation Park at Hauppauge task force. This task force is comprised of stakeholders and decision-makers from both the public and private sectors who will work together to help ensure the park is being utilized in the most productive way to help boost Long Island and the entire region’s economy. Unlike many other task forces, this one will be rolling its sleeves up and getting things done.

2020 tested all of us, to say the least – and things didn’t magically go “back to normal” when the calendar turned to 2021. Fortunately, Long Island has proven that we are a community of leaders. The way the business community adapted to the realities of the pandemic, took a deep breath, and kept moving forward – rather than be paralyzed by fear – is a testament to the strength of the human spirit. The dedication of our colleagues and neighbors is an example to our country and to the world. And while the national news would have us believe that humanity has turned on its head, we Long Islanders are more united than ever. We may have our disagreements, but in the end, we all have stuck together and helped each other through what will likely be the toughest year of our lives, and gave new meaning to the hashtag #LongIslandStrong.

Through it all, we have also seen that Long Island is a national model for how business and government should partner and that bipartisan cooperation with our elected officials is how we on Long Island operate and get things done. Terri [Alessi-Miceli] and I spent a good part of this past year interacting with many elected officials and agencies to advocate for the business community and never once did politics get in the way – there was only a true desire from all to want to help make our economy as robust as possible while keeping our families safe. Again, notwithstanding what the national news would have you believe, here on Long Island there were no Republicans and Democrats, only people helping other people, and families helping other families. In today’s world, this is a huge accomplishment and something we as Long Islanders should all be aware of and proud of.

So while our recovery continues to be a long and daunting road, our belief in our country and our democracy must remain strong, and we must continue to oppose injustice at every turn but also oppose hypocrisy with the same passions. Our resolve must remain fierce and our efforts must be relentless to move our economy and our initiatives forward. To help guide those efforts, we at HIA-LI are lucky to have my good friend Rich Humann, President and CEO of H2M Architects and Engineers, as our next Board Chair. Rich is a smart and well-respected leader, and, most importantly for this position, has been a tireless advocate for the Long Island and regional economy. His deep knowledge of Long Island and its infrastructure will be invaluable as we rebuild our way past COVID. And so, in our own version of a peaceful transfer of power, I’d like to introduce my friend and HIA-LI Board Chair Rich Humann.

WATCH THE REPLAY HERE

Campolo Moderates HIA-LI 2021 Tradable Sector Panel

Event Date: February 10th, 2021

Join HIA-LI on February 10, 2021 from 9 a.m. – 10:30 a.m. for a Zoom webinar to hear about how tradable sectors:

Provide a reliable and resilient path to long-term economic growth
Bring new dollars into the region
Help define Long Island’s competitive advantage

Moderator – Joe Campolo, Managing Partner, Campolo, Middleton & McCormick, LLP, and HIA-LI Immediate Past Board Chairman

Panel:

Matthew Brown, Vice President, Network Solutions & Technology

John Finn, Director of Leasing & Acquisitions, Damianos Realty Group LLC

Devin Kulka, CEO, The Kulka Group

Anne Shybunko-Moore, CEO & Owner, GSE Dynamics, Inc.and HIA-LI Board Member

Marc Blitstein, President & CEO of American Diagnostic Corp.

WEBINAR RECAP: Paycheck Protection Program as Amended by Economic Aid Act

Posted: January 18th, 2021

On January 15, 2021, Christine Malafi joined Gettry Marcus, CPA, P.C. for their continuing webinar series on the recently passed Economic Aid Act (“EAA”), which has amended the Paycheck Protection Program (“PPP”) and now includes an Employee Retention Credit (“ERC”).

Some of the key areas that were discussed include:

SBA deadlines to apply for PPP 1 and PPP 2 loans through March 31, 2021
Business type eligibility (and ineligibility) including certain non-profit organizations
Calculating the maximum PPP loan borrowing amount
PPP loan terms, maturity date, and loan forgiveness application deadlines
Updated definition of the “Covered Period” to utilize a PPP loan
Expanded permittable uses of a PPP loan, including new eligible “Covered” expenses such as:
- Operations expenditures
- Property damage costs
- Supplier costs
- Worker protection expenditures
Reapplying for a PPP 1 loan if all or a portion of the loan was originally returned or the borrower did not accept the full eligible loan prior
Employee Retention Credit (“ERC”)
and more.

VIEW WEBINAR REPLAY HERE.

Can Employers Mandate that Employees Receive the COVID Vaccine?

Posted: January 13th, 2021

Published In: HIA-LI Reporter

As of May 28, 2021, the EEOC has released updated guidance. Visit our updated article here.

Since the first vaccines were administered in mid-December, employers and employees alike have questioned whether the workplace can require vaccination as a condition of employment. It will likely be months before the vaccine is available to most Americans, and thus it may be premature for private sector employers to propose a “vaccination for return-to-work” policy. However, on December 16, 2020, the U.S. Equal Employment Opportunity Commission issued guidance regarding employers’ obligations for mandatory COVID vaccination programs.

Essentially, the EEOC guidance provides that employers can require that employees get vaccinated as a condition of returning to work if their vaccination policies comply with the Americans with Disabilities Act (“ADA”), Genetic Information Nondiscrimination Act (“GINA”), Title VII of the Civil Rights Act of 1964, and other workplace laws.

If an employee declines to get vaccinated based on a disability[1] or a “sincerely held religious belief,” the employer must offer a reasonable accommodation to the employee, such as working remotely.[2] If no accommodation is possible, [3] then an employer may prohibit the employee from entering the business if that employee presents a direct threat to the health and safety of persons in the workplace, but the employer may not necessarily terminate the employee. Employers should evaluate these four factors to determine whether a direct threat exists: (1) duration of the risk, (2) nature and severity of the potential harm, (3) likelihood that the potential harm will occur, and (4) imminence of the potential harm.

An employer does not have to provide a particular reasonable accommodation if it poses an “undue hardship,” which means “significant difficulty or expense.” An accommodation that would not have posed an undue hardship prior to the pandemic may pose one now.[4] Prior to the pandemic, many accommodations did not pose a significant expense when considered against an employer’s overall budget and resources. However, the sudden loss of some or all of an employer’s income stream because of the pandemic is a relevant consideration. Also relevant is the amount of discretionary funds available at this time and whether there is an expected date that current restrictions on an employer’s operations will be lifted (or new restrictions will be added or substituted).

Additionally, EEOC guidance provided that the administration of a COVID vaccine by an employer is not a “medical examination” for purposes of the ADA and administering the vaccine or requiring employees to present proof of vaccination does not implicate GINA.

If you have questions regarding mandatory COVID vaccines in the workplace, please contact us.

Thank you to Daniel Axelrod for his research and writing assistance with this article.

[1] Title VII as amended by the Pregnancy Discrimination Act specifically requires that women affected by pregnancy, childbirth, and related medical conditions be treated the same as others who are similar in their ability or inability to work. This means that a pregnant employee may be entitled to job modifications, including telework, changes to work schedules or assignments, and leave to the extent provided for other employees who are similar in their ability or inability to work.

[2] On November 8, 2020, the New York State Bar Association passed a resolution urging the state to consider enforcing mandatory COVID vaccination, even if people object for “religious, philosophical or personal reasons.” The EEOC, however, did not issue any guidance on that resolution.

[3] If a job may be performed only at the workplace, there may be reasonable accommodations that could offer protection to individuals whose disability puts them at greater risk from COVID and who therefore request such actions to eliminate possible exposure. Even with the constraints imposed by a pandemic, some accommodations may meet an employee’s needs on a temporary basis without causing undue hardship on the employer. If not already implemented for all employees, accommodations for those who request reduced contact with others due to a disability may include changes to the work environment such as designating one-way aisles; using plexiglass, tables, or other barriers to ensure minimum distances between customers and coworkers whenever feasible per CDC guidance or other accommodations that reduce chances of exposure.

[4] For example, it may be significantly more difficult in this pandemic to conduct a needs assessment or acquire certain items, and delivery may be impacted, particularly for employees who may be teleworking. Or, it may be significantly more difficult to provide employees with temporary assignments, to remove marginal functions, or to readily hire temporary workers for specialized positions.

WEBINAR: Paycheck Protection Program as Amended by the Economic Aid Act

Posted: January 13th, 2021

Event Date: January 15th, 2021

Join Gettry Marcus CPA, P.C. and Campolo, Middleton, & McCormick, LLP for our continuing webinar series on the recently passed Economic Aid Act (“EAA”), which has amended the Paycheck Protection Program (“PPP”) and now includes an Employee Retention Credit (“ERC”). The EAA has provided updated guidance regarding the first round of PPP loans (“PPP 1”) and announced provisions with respect to businesses applying for a second PPP loan (“PPP 2”) and the Employee Retention Credit.

Some of the key areas that will be discussed include:

PPP 1 and PPP2:
• SBA deadlines to apply for PPP 1 and PPP 2 loans through March 31, 2021
• Business type eligibility (and ineligibility) including certain non-profit organizations
• SBA affiliation rule overview
• Calculating the maximum PPP loan borrowing amount
• PPP loan terms, maturity date, and loan forgiveness application deadlines
• Updated definition of the “Covered Period” to utilize a PPP loan
• And more…

Employee Retention Credit (“ERC”):
• Extension and expansion of ERC
• Determining factors of qualifying for the ERC
• Financial reporting periods impacted that may qualify for the credit
• Calculating the credit
• Impact of having both a PPP loan and qualifying for the ERC

Program Panelists:

Christine Malafi, Esq., Senior Partner at Campolo, Middleton, & McCormick, LLP

Lee Ferber, CPA, Partner at Gettry Marcus CPA, P.C.

Nicholas Backmann, CPA, Manager at Gettry Marcus CPA, P.C.

Andrew Moore, CPA, Senior Manager, Gettry Marcus CPA, P.C.Time

DATE: January 15, 2021

TIME: 10:00 AM

CMM Welcomes New Partners in 2021

Posted: January 1st, 2021

CMM Welcomes Donald J. Rassiger to the Partnership

Posted: December 31st, 2020

Campolo, Middleton & McCormick, LLP, a premier law firm with offices across Long Island – and recently recognized by Forbes as a Top Corporate Law Firm in America – is delighted to announce that Donald J. Rassiger, Esq., has been promoted to Partner, effective January 1, 2021.

Leader of the firm’s sophisticated Construction group as well as Managing Attorney of its widely recognized Corporate group, Rassiger joined CMM as Counsel in 2016 and quickly became an indispensable resource for clients and colleagues alike. Having previously worked in operations and production, as well as having served as Chief Legal Officer of four companies, Rassiger has a unique understanding of the difference between business risk and legal risk. This special skill enables him to find creative solutions that achieve his clients’ desired results while complying with applicable laws, minimizing risk, and saving time and money. As a client recently described him, “Don’s ability to see where business needs intersect with legal compliance is well worth taking into your future and he can help cut the cord to the past.”

Rassiger has represented a wide range of construction clients including owners, developers, general contractors, subcontractors, engineers, architects, construction managers, and program managers, and has also negotiated countless collective bargaining agreements with union representatives. At CMM, in addition to his construction-related work, he draws on his significant experience drafting and negotiating business deals, transactions, and contracts including financing transactions, teaming arrangements, joint ventures, insurance placement, IT matters, bank loans, and construction claims. In addition, he has successfully closed over one billion dollars in M&A deals, both acquisitions and divestitures. As a member of the firm’s COVID Response Team, Rassiger has also helped many businesses renegotiate their financial instruments and bank lines as a result of the economic fallout of the pandemic.

“We’re thrilled to welcome Don as a Partner,” said Managing Partner Joe Campolo. “Not only is his well-earned promotion a milestone professional achievement for him, but also for the firm. Despite the difficulties of 2020, CMM was able grow this year and become even stronger. Don is an excellent lawyer and valued colleague, and we look forward to growing together in 2021.”

Malafi Talks Business Interruption Claims & COVID to NYSBA

Posted: December 30th, 2020

Event Date: January 14th, 2021

Join Christine Malafi for a broad discussion for attorneys about coverage for business losses, revenue and interruptions. Explore the coverages available and how shutdowns and Executive Orders will impact insurance. Hear about the latest updates about how these disputes are playing out across the country and in New York State.

This NYSBA virtual live CLE is for a total of 1.0 credits.

DATE: January 14, 2021

TIME: 12:00 PM – 1:00 PM

REGISTER HERE

CMM Closes Multimillion Dollar Buyout of Multiple Mechanical Companies

Posted: December 23rd, 2020

Closing out a busy year of mergers, acquisitions, and buyouts as business owners changed course in response to the pandemic, CMM has completed another deal.

In a transaction that closed just before Christmas, CMM’s Joe Campolo and Vincent Costa represented a husband and wife in their buyout of three partners in three separate sheet metal and mechanical businesses as well as a real estate holding company. Paralegal Katharine Campolo kept the deal moving by keeping track of the myriad documents related to the transaction.

“Thank you, all of you, for all your support, hard work, and most importantly friendship and guidance through this whole thing,” the client shared after closing. What a wonderful way to end a challenging year!

For guidance on your merger, acquisition, business divorce, or reorganization, please contact us today.