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Campolo: HIA-LI Rolling Up Its Sleeves with “Tomorrow’s Workforce” Task Force

Posted: February 26th, 2020

HIA-LI, one of the recognized voices for Long Island Business and a powerful force in regional and economic development, has launched “Tomorrow’s Workforce,” a task force dedicated to fostering direct collaboration between Long Island institutions of higher education and the Long Island business community. Tomorrow’s Workforce will begin by partnering with Stony Brook University to create a direct pipeline between the career placement office and HIA-LI, study the issue of talent retention, and create a blueprint for how Long Island businesses and students can effectively collaborate. This model will be used as a template and rolled out to other educational institutions on Long Island.

“HIA-LI is leading the way again to grow the regional economy,” said HIA-LI President & CEO Terri Alessi-Miceli. “What good is having the second largest innovation park in the nation [the Long Island Innovation Park at Hauppauge, for which HIA-LI is steward] if the talent coming out of our universities isn’t aware of the job opportunities in this jewel? At the HIA-LI, we are moving this critical initiative forward to make sure Long Island students and businesses know about the incredible resources they have in each other.”

HIA-LI board members Dr. Ann-Marie Scheidt of Stony Brook University and Sue Gubing of Career Smarts are co-chairing the task force, which uses the tagline “Tomorrow’s Workforce Starts Today” to emphasize the importance of engaging with current students on the verge of starting careers.

“A well-connected workforce is key to Long Island’s prosperity,” said Gubing. “The innovative activities of the task force will ensure that Long Island’s future workforce will continue to flourish.”

Through the partnership with Stony Brook University, Tomorrow’s Workforce is planning high-level CEO mixers on campus to bring awareness to students of Long Island’s innovative businesses, and to introduce business leaders to the extraordinary talent already being cultivated on Long Island.

“Stony Brook’s focus on research and its immense talent pool makes the university a perfect fit to partner with Tomorrow’s Workforce and create the model for working with other colleges and universities going forward,” added Joe Campolo, HIA-LI Board Chairman.

New York’s Frequency of Pay Law and Why Employers Should Check Their Payment Practices

Posted: February 25th, 2020

By: Don Rassiger, Esq. email

Tags: construction, labor & employment

New York State employers, are you aware that “manual workers” are required to be paid weekly? If they’re not, employers may be on the hook for back pay, attorneys’ fees, damages, and more. If you’re wondering whether you employ “manual workers” and what your obligations are under New York law, read on.

Several recent court cases[1] have established that the definition of “manual worker” for private sector employers is very broad under New York’s “Frequency of Pay” law. Per New York State Labor Law, a manual worker is a “mechanic, workingman or laborer,” but the NYS Department of Labor (DOL) looks at the duties the worker performs, not the job title, and therefore an employee can also be classified as a manual worker if he or she spends more than 25% of the workday involved in physical labor. “Physical labor” includes a variety of physical tasks and is not limited solely to heavy lifting.[2]

Essentially, whether an employee is a “manual worker” depends on the number and nature of physical tasks the worker performs daily as part of his or her job. The DOL has previously determined that food service workers, mailroom personnel, janitorial staff, hairdressers, pizzeria workers and chauffeurs can all be classified as “manual workers.” In their clarification opinions on the subject, the DOL has stated that physical labor or physical tasks cover a wide range of activities “too numerous to list.” The DOL recommends prudent employers pay their workers weekly if they feel that they might fall under the category of “manual workers.” (Note: there are also specific payroll requirements for railroad employees, who must be paid on or before the Thursday of each week, and salespersons working under commission, who must be paid per the provisions in their employment agreement, but not less than once a month and not later than the last day of the following month for which they are being paid. Please contact us with questions.)

Employers should take this opportunity to review their payment practices and pay schedule to ensure that they are paying all manual workers on a weekly basis in accordance with New York State law.

Please contact our office to discuss your particular situation.

[1] Two 2019 court cases argued under NY Labor Law § 191 (1)(a), highlight a potential area of noncompliance for New York employers. Both the employers in Scott v. Whole Foods Market Group, Inc., 18-CV0086(SJF)(AKT) 2019 WL 155924 (E.D.N.Y. April 9, 2019) and in Vega v. CM and Assoc. Construction Management, LLC, Slip Op 06459 Decided on September 10, 2019, were found to be in violation of the frequency of pay requirement in Section 191 (1)(a) of the Labor Law, despite paying their employees on a regular bi-monthly basis.

[2] Per NYSDOL Op. Ltr. RO-08-0061 (Dec. 4, 2008): Hairdressers cut and style hair. However, the general job duties of a hairdresser, in addition to cutting, coloring, and styling hair could also involve washing hair, cleaning the hairdresser’s own work stations, and cleaning wash sinks, equipment, and other shared work spaces in the salon. Since the cutting and styling of hair, along with any of these other tasks, necessarily involves physical labor, such employees would be considered manual workers.

Curb Your Enthusiasm: How Overconfidence Can Kill the Deal (And What To Do About It)

Posted: February 20th, 2020

By: Joe Campolo, Esq. email

Tags: negotiation

You’ve just left the negotiation table, and you know it went well – it’s in the bag! Except it’s not, and later it turns out that the deal is dead. Confidence is a critical quality in strong negotiators, but too much can cloud your judgment. Consider the steps below to rein it in and ensure your confidence is an asset, not a liability.

Embrace the unknown. Sure, you’re a great negotiator, you did your research, and you’re feeling completely prepared for your negotiation. This may be true, but try thinking objectively – a smart negotiator accepts that uncertainty will always be a fundamental part of any negotiation. Acknowledge that no matter your skill, you can never perfectly predict an outcome. You’ll be more willing to propose (and accept) mutually beneficial compromises, and you’ll be a better negotiator for it.

Play devil’s advocate. Before a difficult negotiation, find someone whose opinion you trust (it doesn’t have to be a colleague) and get their opinion on your approach. When you’re in the thick of researching for an upcoming meeting, you might be in too deep to realize something obvious. An outside observer could provide some critical advice, and maybe deflate your ego a bit (all in the interest of personal growth, of course).

Accept your faults. A healthy amount of humility would do us all some good. Before any negotiation, be sure to look not only for things that can work to your advantage; take the time to look into factors that could work against you and use it as an opportunity to come up with solutions. Do you have a tendency to talk over your opponent, causing them to get aggravated and raise their voice? Are you prone to stick too firmly to your convictions, bringing the meeting to a halt because no one will budge? Take a hard look at your negotiating tactics and prepare some resolutions before your next meeting. You may even find a way to work a fault to your advantage.

Confidence is the bread and butter of any negotiator – after all, how could you get anything done without it? None of us are perfect, however, and you’d be wise to use some of these techniques if you find that your deals keep hitting roadblocks. Confidence is only one of the tools in your arsenal, and you should hone it just as you would any other skill.

For the Second Time, Alessi Named Innovate LI’s Innovator of the Year

Posted: February 7th, 2020

CMM is proud to announce that Marc Alessi, Esq. has been chosen as an Innovator of the Year by Innovate Long Island, which recognizes Long Island’s best and brightest ideas. Marc has been selected for the No Boundaries category, a special category recognizing outstanding nominees. “Marc is quite possibly the hardest working man in Long Island innovation,” says Innovate LI. Marc’s entrepreneurial spirit personifies CMM’s relentless pursuit of excellence, which earned us a spot on the prestigious Forbes list of the Top Trusted Corporate Firms in America.

Of Counsel to CMM, Marc chairs the Startups practice at our firm and focuses on corporate law, advising small to mid-sized companies and the entrepreneurs that run them. His work includes counseling clients and negotiating on their behalf on a variety of transactional and business matters including financing, expansion plans, real estate, and issues facing emerging companies, with a particular focus on the technology and healthcare sectors.

Marc also serves as the Executive Director of the Business Incubator Association of New York State, Inc. (BIANYS), a nonprofit trade association dedicated to the growth and development of startup and incubator-based enterprises throughout the state. Marc helped to establish Accelerate Long Island, and currently serves as Chairman and Founding CEO of one of their portfolio companies, SynchroPET.

Marc also serves as the Executive Director of the Tesla Science Center at Wardenclyffe, which is being developed as a technology center housing a business incubator for fledgling companies engaged in scientific research, as well as a museum dedicated to educating the public about Long Island’s rich scientific opportunities past, present, and future.

February 2020 Newsletter: The Art of War in Business

Posted: February 7th, 2020

Newsday Features HIA-LI’s Solar Initiative; “Long Island Is Where We Unite to Build a Sustainable Future,” Says Campolo

Posted: February 5th, 2020

By Mark Harrington

Fifty low-income families across Long Island will soon have access to discounted power from a solar array recently installed atop the Hauppauge headquarters of Long Island Cares food bank.

The project was one of the first to be installed under a LIPA program called “community solar,” which allows energy developers to sell power from their arrays to subscribers across the Island who can’t afford or whose homes can’t accommodate solar panels.

Long Island Cares, the food bank started by the late musician Harry Chapin, paid about $416,000 for the system, which consists of 852 solar panels on its warehouse roof. It will sell the energy to 50 low-income families screened by the agency at a discounted rate of about 16 cents a kilowatt-hour, said Scott Maskin, chief executive at SUNation Solar Systems, which installed the system. That’s around 25 percent less than a typical Long Island Power Authority rate. Most LIPA ratepayers pay about 21 cents a kilowatt-hour.

Long Island Cares’ system is expected to pay for itself in around seven years, after which the food bank can use revenue generated from the system to fund other programs, Maskin said Friday at an event celebrating the system’s completion. The New York State Energy Research and Development Authority provided a rebate of $37,674 for the system, he said.

Already, the agency has qualified 14 subscribers for the cheaper energy, with the processing work for the rest expected soon, said Paule Pachter, chief executive of Long Island Cares.

“If the roof at [Long Island Cares] can help people to become more self-sufficient, then we have done our job well,” said Pachter.

Four other community solar projects are under construction throughout the Long Island Innovation Park at Hauppauge, Maskin said, but the potential exists for a much larger buildout of solar in the area. There are 1,300 companies and a potential 20 million square feet of flat rooftop space available for solar.

LIPA’s community solar program in recent months has come under fire from solar installers such as Maskin because LIPA on Jan. 1 converted to a new state-subscribed scheme for compensating solar developers for their power in a way that sharply discounts the previous standard. State Assemb. Steve Englebright (D-Setauket) has set a public hearing for Feb. 18 at Suffolk County’s William H. Rogers building in Smithtown at 11 a.m. to examine whether current community solar compensation schemes are adequate.

But Tom Falcone, chief executive of LIPA, who attended the Long Island Cares event, indicated that the authority may be moving to make community solar somewhat more generous than it now is under the complex, state-mandated pricing scheme called Value of Distributed Energy Resources. He promised an announcement in about a week, including further news about a separate program of LIPA’s called Solar Communities.

“I really do think this is a landmark project,” Falcone said of the Long Island Cares installation, which will provide discounts of up to 25 percent for the energy. “It’s a good model, and we will further expand these programs,” enough to provide discounted solar power for 3,000 low-income homes over the next two years, he said.

Long Island now has around 50,000 homes and business with solar panels, but Falcone noted many cannot afford the average $30,000 price tag of systems. Senate Majority Leader John Flanagan (R-Northport) said, “To be able to say the public-private sector can help families struggling” to pay their electric bill? “That’s awesome.”

Originally published by Newsday.

CMM Academy: The Art of War in Business

Posted: February 4th, 2020

Event Date: March 11th, 2020

Presented by Joe Campolo, Esq.

What does ancient military strategy have to do with business? Everything.

In today’s world of seemingly endless options, business is more than a competition – it’s war. When you meet resistance in battle, you still need to push through and advance your position. Joe Campolo – Marine Corps veteran, Managing Partner of a Forbes Top Trusted Corporate Firm in America, and the leader that the who’s who of Long Island turn to for guidance – knows how to translate time-tested strategies for success in battle to the business world. Join us for an intimate look at how to do it.

Through personal stories shaped by his military experience, business leadership, and boundless energy to persevere, Joe will address:

How to shift your mindset so that you’re always advancing by all means – because otherwise, you go backward
The difference between tactics and strategy
When to be aggressive
How many resources to invest
How to know what’s worth fighting for – and what isn’t
Emboldening your team

Wednesday, March 11, 2020
8:30 a.m.: Registration, networking and hot breakfast
9:00-10:00 a.m.: Presentation
Location: CMM Academy Training Room, 3rd Floor, 4175 Veterans Memorial Highway, Ronkonkoma, NY 11779

Sponsored by: HKM Associates, Protegrity Advisors.

Register here.

If you have any questions, please contact Emily Heath (eheath@cmmllp.com, (631) 738-9100).

Payment for and/or attendance at CMM Academy events and programming does not create an attorney-client relationship.

CMM Hosts HIA-LI Gold Membership Kickoff Event

Posted: February 4th, 2020

On January 30, CMM hosted the HIA-LI Gold Membership kickoff event at Jewel in Melville. HIA-LI Board Chairman Joe Campolo joined forces with HIA-LI President & CEO Terri Alessi-Miceli to introduce HIA-LI Gold to an exclusive group of CEOs. This isn’t just another networking group – Gold membership offers a comfortable environment for decision-makers to get to know one another, identify strategic initiatives for HIA-LI to advocate for, hear from exclusive guest speakers, and interact directly with elected officials and other influencers on policy issues. Thanks to Joe Campolo’s vision, Gold membership offers CEOs a powerful opportunity to get involved in critical initiatives that will make all the difference for their businesses and for Long Island.

Involvement in HIA-LI has been a central part of CMM’s story over the years. Receiving HIA-LI’s Business Achievement Award nearly a decade ago helped pave the way for us to grow, lead, and be named a Forbes Top Corporate Law Firm this year. For new businesses looking to grow, established businesses searching for ways to expand, and members of the business community interested in making important new connections, membership with HIA-LI is an effective way to advance your goals.

Check out the photos from the event below, and contact us for more information on how to get involved.

CMM Prevails in Appeal of Construction Litigation Matter in Second Circuit

Posted: February 3rd, 2020

CMM’s Appellate Practice team, led by Patrick McCormick, has prevailed in a thorny appeal in the Second Circuit Court of Appeals, which sits in New York City at the Thurgood Marshall Courthouse in lower Manhattan. The appeal stemmed from a construction case pending in the U.S. District Court for the Eastern District of New York involving a breach of contract dispute regarding a wastewater treatment facility in Wyoming.

CMM represented the third-party defendant in the underlying action and had successfully moved to dismiss the third-party complaint filed against our client. The basis of the motion was that the subcontractor was attempting to implead the wrong party (the property owner) rather than proceed against the general contractor pursuant to the mandatory arbitration provision in the subcontract at issue.

Plaintiff appealed the dismissal of the third-party complaint. After reading CMM’s strong Brief and arguments, the Second Circuit issued a Summary Order and Judgment affirming the Order of the District Court.

CMM’s appellate team has handled hundreds of appeals and oral arguments on the state and federal levels and has become a go-to appellate practice team for clients and trial lawyers alike. Learn more here.