News (All) - Page 5 of 158 - Campolo, Middleton & McCormick, LLP

Long Island Innovation Park at Hauppauge Showcases Hundreds of Business Tenants’ Banners

Posted: September 6th, 2023

The 1,400-acre Long Island Innovation Park at Hauppauge (LI-IPH) – America’s second-largest industrial park – has elevated its brand by installing more than 400 flags bearing its name on light poles throughout the park.

The branding initiative was undertaken by HIA-LI, one of Long Island’s largest business advocacy organizations and steward for the park, formerly known as Hauppauge Industrial Park. The banner program was also supported by the Town of Smithtown, home to the large majority of the business park. Town of Smithtown workers attached the banners to town-owned light poles.

The flags, reading “Welcome to the Long Island Innovation Park at Hauppauge,” are two feet by three feet in size. Customized flags were made available for purchase by individual businesses within the park, which were quickly sold-out.

LI-IPH’s 1,400 businesses employ 55,000 people, accounting for one in 20 jobs on Long Island. The companies’ $13 billion in annual output equals eight percent of Long Island’s gross domestic product. The park is second only in size to Silicon Valley in northern California.

The impetus for the banner campaign arose from a 2019 “Opportunity Analysis” that documented the park’s status as “the center of Long Island’s current and future economy.” The study was prepared by James Lima Planning + Development and funded by the Suffolk County Industrial Development Agency and the Regional Plan Association. Among a spectrum of recommendations, the analysis advised the park to elevate its public profile and draw greater attention to its essential role in the regional economy.

“The Long Island Innovation Park at Hauppauge has no equal when it comes to generating employment and business growth in our region,” said HIA-LI President and CEO Terri Alessi-Miceli. “By reinforcing popular awareness of the park, we help set the stage for new partnerships and new achievements.”

“While the Long Island Innovation Park at Hauppauge already stands as the cornerstone of the regional economy, it also possesses great potential for further growth,” said Carol A. Allen, Chairperson of the HIA-LI board and president and CEO of People’s Alliance Federal Credit Union. “We help engender that new growth when we take steps to strengthen recognition of our identity.”

“By building the park’s brand, we better capitalize on its extraordinary, proven capacity to bring net, new dollars into the region because of the park’s high proportion of tradable businesses,” said Joe Campolo, Managing Partner at Campolo, Middleton & McCormick, LLP in Ronkonkoma and Chair of HIA-LI’s Long Island Economic Development Task Force. “The park’s ratio of revenue-generating, tradable companies is two-and-a-half times that of Long Island as a whole.”

Ms. Alessi-Miceli expressed her gratitude to HIA-LI board member Paule Pachter, CEO of Long Island Cares, Inc./The Harry Chapin Food Bank, for suggesting the flag initiative.

The 1957 Club’s Casino Night

Posted: September 1st, 2023

Event Date: October 12th, 2023

Scott Middleton, CMM Senior Partner and The 1957 Club General Counsel, invites you to join The 1957 Club for a night of cocktails, hors d’oeuvres, live music and casino games on Thursday, October 12, 2023 at Club 57 in Port Jefferson, NY.

The 1957 Club is a third-party non-profit organization that provides name, image, and likeness (NIL) opportunities to Stony Brook University student-athletes while helping promote charitable organizations located within the Stony Brook community.

Click here to learn more.

CMM’s Kathleen DiLieto Highlighted in LIBN Who’s Who 2023: Women in Professional Services

Posted: August 25th, 2023

Kathleen DiLieto, CPA, is controller at the law firm Campolo, Middleton & McCormick, LLP (CMM). DiLieto directs all functions of the accounting department at CMM and has worked to build a strong team and collaborative, productive work environment. Her public and private sector experience enables her to analyze issues from all critical angles and work with firm leadership to effectively plan for the future.

DiLieto is responsible for all accounting matters for the firm, which has offices in Westbury, Ronkonkoma and Riverhead, including financial reporting, budgeting and forecasting, general accounting, cash and treasury management, internal control assessments, accounts receivable and accounts payable.

DiLieto has more than 20 years of accounting experience in both public accounting and private industry. She began her career at a public accounting firm focusing on audits, business consulting and tax preparation services before moving to in-house accounting roles in various industries including healthcare, manufacturing and construction.

Campolo, Middleton & McCormick, LLP is a premier law firm with offices across Long Island. Recently recognized as one of America’s Top Corporate Law Firms by Forbes, CMM is among the firm of choice for clients with respect to their most significant business transactions, challenging legal issues and critical disputes.

View the full Who’s Who book here.

CMM’s Scott Middleton Featured in The Best Lawyers in America® for the 10th Year in a Row

Posted: August 23rd, 2023

Campolo, Middleton & McCormick, LLP, a premier law firm with offices across Long Island, is thrilled to announce that that Senior Partner Scott Middleton has been recognized by his peers for the tenth consecutive year to be featured in The Best Lawyers in America® in the category of Personal Injury Litigation (2024 edition). With this distinction, Middleton ranks among the top five percent of private practice attorneys nationwide as determined by a rigorous peer-review process.

For over three decades, the legal profession and the public have turned to Best Lawyers® as one of the most credible measures of legal integrity and distinction in the nation. Inclusion in Best Lawyers is based on over a million confidential evaluations by top attorneys. The Best Lawyers’ founding principle forms the basis of this transparent methodology: the best lawyers know who the best lawyers are. No fee to participate is permitted.

Middleton chairs the Personal Injury and Municipal practice groups at CMM. He handles all types of complex litigation including cases that have received local and national media coverage. Middleton also focuses on land use and zoning, for municipalities including the Village of North Haven and Town of Southampton. He has also held roles including Trustee, Mayor, Village Justice, and Attorney/Prosecutor.

Scott is a recognized supporter of the arts, particularly on the East End, serving as the President of the Board of Directors of East End Arts and supporting the Parrish Art Museum in addition to his membership on the Stony Brook University Intercollegiate Athletic Board.

CMM’s Christine Malafi Featured in The Best Lawyers in America® for the 7th Consecutive Year

Posted: August 17th, 2023

Campolo, Middleton & McCormick, LLP, a premier law firm with offices across Long Island, is thrilled to announce that that Senior Partner Christine Malafi has been recognized by her peers for the seventh year in a row to be featured in The Best Lawyers in America® in the category of Employment Law – Management (2024 edition). With this distinction, Malafi ranks among the top five percent of private practice attorneys nationwide as determined by a rigorous peer-review process.

Malafi chairs the Corporate Department at CMM, which was recognized by Forbes as a Top Corporate Law Firm in America. Her practice focuses on mergers and acquisitions, corporate governance, corporate transactions, drafting and negotiating a wide range of agreements, and helping businesses navigate all types of human resources matters. She routinely represents buyers and sellers in multimillion-dollar transactions and serves in a general counsel role for many of the firm’s corporate clients. In addition to her legal work, Malafi serves on the Executive Board of Directors of Family Service League, among others.

New York’s LLC Transparency Act: What New York LLC Owners Need to Know

Posted: August 3rd, 2023

By: Marc Saracino, Esq. email

Tags: corporate

UPDATE: On December 23, 2023, Governor Hochul signed Legislation S.995B/A.3484, which creates an LLC beneficial ownership database that can be accessed by Federal, State and local government law enforcement across New York State. Individuals who set up, or already have ownership of LLCs and meet the requirements for disclosure, will be required to identify the names of the beneficial owner(s) in the filing.

Owners of New York limited liability companies, or LLCs, have long enjoyed anonymity when it comes to the ownership of their company. Currently, LLC owners are under no obligation to disclose their personal identity to the public. However, last month, the New York State Senate and Assembly passed the LLC Transparency Act, a bill that would require LLC owners to disclose their full legal name to New York State, which would then be made available through a public database. As it stands, the bill is headed towards Governor Kathy Hochul’s desk.

As an owner of an LLC, there are a few questions to keep in mind:

What would the law require?

Under the proposed law, New York State would require LLC owners to disclose three pieces of information: (1) the LLC owner’s full legal name, (2) the name of the LLC, and (3) the address of the LLC. If an LLC owner fails to make such ownership disclosures, they may face penalties.

How would this law be enforced?

If an LLC owner fails to file the ownership disclosure for a period exceeding 30 days, the LLC will be shown to be “past due” on the records of the New York State Department of State. The LLC would have its past due status removed upon filing the ownership disclosure. This may hinder the LLC’s ability to participate in transactions such as obtaining a loan or selling assets.

If an LLC owner fails to file the ownership disclosure for a period exceeding two years, the Department of State will mail a notice of delinquency to the last known business address of the LLC. If the LLC fails to file the ownership disclosure within 60 days of receiving the notice of delinquency, the LLC will be shown to be delinquent on the records of the Department of State. An LLC may remove the delinquency status only upon filing an ownership disclosure and paying a civil penalty of $250.

Are there any exceptions to the proposed law?

The only possible exception is through a waiver. Waivers exist to protect companies with significant privacy interests. The bill provides that significant privacy interests include, but are not limited to, an LLC owner that is a whistleblower, using an LLC for the very specific purpose of filing false claims act lawsuits, or an owner participating in an address confidentiality program. Address confidentiality programs are available to victims of kidnapping, as well as reproductive healthcare service providers, employees, volunteers, patients, or immediate family members of reproductive healthcare service providers. If neither of those circumstances apply, LLC owners would need to demonstrate that their company similarly has a significant privacy interest and should therefore not be required to make such disclosures.

When would this bill go into effect?

If signed by Governor Hochul, the bill would be effective 365 days after becoming law.

The Takeaway

While the LLC Transparency Act has not yet become law, LLC owners should begin planning for the possibility of such disclosure requirements. Mainly, LLC owners should consider whether their company has a significant privacy interest. Please contact our corporate attorneys with any questions.

Thank you to Michael Nadeau for his research and writing assistance.

U.S. Department of Labor Proposes New Independent Contractor Rule

Posted: July 28th, 2023

By: Zachary Mike, Esq. email

Tags: labor & employment

As CMM’s legal blog has previously explored, last fall the U.S. Department of Labor proposed an independent contractor rule under the Fair Labor Standards Act (“FLSA”), which would undo the current rule put in place by the Trump administration in 2021 (the “Proposed Rule”). After conducting a notice and comment period, the Department of Labor is currently finalizing the Proposed Rule. What does this mean for your business? Read on for what employers need to know about the new rule.

1. What is the current test to determine what constitutes an independent contractor under the FLSA?

The distinction between independent contractors and employees is important because under the FLSA, employees are entitled to minimum wage, overtime pay, and other benefits, while independent contractors are not.[1]

Under the current rule, there is a five-factor test for determining whether an individual is an independent contractor or employee. The test evaluates:

the nature and degree of control over the work;
the worker’s opportunity for profit or risk of loss;
the amount of skill required for the work;
the degree of permanence of the working relationship; and
whether the work is an integral part of the purported employer’s business.

This test considers the first two factors to be the most important, while the remaining three factors are considered less important. In other words, if an individual exercises substantial control over the work, or has a substantial opportunity for profit, or risk of loss, the individual will likely be classified as an independent contractor, without considering the other factors. This is significant because the current test makes it easier for employers to classify workers as independent contractors.

2. What is the test to determine what constitutes an independent contractor under the Department of Labor’s Proposed Rule?

According to the Proposed Rule, the test for determining whether an individual is an independent contractor or employee would consist of six factors. Unlike the current rule, rather than any factor(s) weighing more than the others, the Proposed Rule looks at the totality of the circumstances. This test evaluates:

the nature and degree of the potential employer’s control;
the permanency of the worker’s relationship with the potential employer;
the amount of the worker’s investment in facilities, equipment, or helpers;
the amount of skill, initiative, judgment, or foresight required for the worker’s services;
the worker’s opportunities for profit or loss; and
the extent of integration of the worker’s services into the potential employer’s business.

Most notably, the Proposed Rule adds an additional factor which considers the amount of the worker’s investment in facilities, equipment, or helpers, the lack of which makes it is more likely to be considered an employee. As a result, this new test would make it more difficult for workers to be classified as independent contractors. For example, even if an individual exercises substantial control over the work, or has a substantial opportunity for profit, or risk of loss, the individual may still be considered an employee, depending on the other four factors.

3. The Takeaway

Although the Proposed Rule may be subject to change prior to a final decision, business owners should remain aware of the new distinctions to avoid investigations by the Department of Labor should their independent contractors be reclassified as employees. Business owners should conduct an annual internal audit to make sure that all workers are properly classified. Please note that New York State law may have more stringent tests than the test proposed by U.S. Department of Labor.

Please contact our office to discuss your specific business situation.

Thank you to Michael Nadeau for his research and writing assistance.

[1] Allen Smith, DOL Will Issue New Independent-Contractor Proposed Rule, SHRM, June 6, 2022, https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/dol-will-issue-new-independent-contractor-proposed-rule.aspx.

Understanding the Difference: Retaliation vs. Discrimination Claims

Posted: July 24th, 2023

By: David Green, Esq. email

Tags: commercial litigation, labor & employment

Based on an often misunderstood and overlooked legal concept, a Hamptons real estate firm was recently ordered to pay both back pay and $200,000 in punitive damages for its retaliation against a former “at-will” agent who complained about racial discrimination and was thereafter terminated. (See, https://www.eeoc.gov/facts-about-retaliation ).

Notably, the award was not related to any discrimination or harassment itself, but the termination effectuated two weeks after the claimant complained that she was not provided with the same mentoring as her non-minority counterparts. Simply, retaliation does not require direct discrimination or harassment, but is equally important for employers to understand.

State and federal law protects employees who engage in “protected activities” such as 1) filing or being a witness in an EEOC (Equal Employment Opportunity Commission) or NYSDHR (NYS Division of Human Rights) charge, complaint, investigation, or civil lawsuit; 2) communicating with a supervisor or manager about employment discrimination, including harassment; 3) answering questions during an investigation of alleged harassment; 4) refusing to follow orders that would result in discrimination; 5) resisting sexual advances, or intervening to protect others; 6) requesting accommodation of a disability or for a religious practice; or 7) asking managers or co-workers about salary information to uncover potentially discriminatory wages. Any “retaliatory action” taken, if causally connected to the protected activity, exposes the employer to a claim. Such an action could include: 1) denial of promotion; 2) non-selection/refusal to hire; 3) denial of job benefits; 4) demotion; 5) suspension; 6) discharge; 7) threats; 8) reprimands; 9) negative evaluations; 10) harassment; or 11) other adverse treatment that is likely to deter reasonable people from pursuing their rights.

Uninformed employers often believe they are free to terminate an “at-will” employee for any non-discriminatory reason, sometimes exposing themselves to a retaliation claim. Instead, employers should implement policies specific to preventing retaliation, and take all necessary steps to address the “protected activities” and protected complaints of workers.

Businesses encounter many challenges related to employment matters. Our attorneys can provide expert guidance on the most current employment policies and insights for business owners to be well-informed. Contact our attorneys for guidance today.

Legal Brief: CMM highlights, exciting events and legal updates!

Posted: July 11th, 2023