News (All)

NYS Employers Must Update Their Sexual Harassment Policies in 2020

Posted: January 14th, 2020

By Christine Malafi

Employers in New York State, take note: now that 2020 is here, you must update your sexual harassment policies, notices, and training – even if you just did so last year.

New York State laws addressing sexual harassment in the workplace have been evolving since 2018, when the worldwide #MeToo movement prompted lawmakers to make changes. In August 2019, Governor Cuomo signed further reformations which will soon come into effect. In particular, (1) the definition of sexual harassment has been expanded, resulting in more types of behavior qualifying as sexual harassment, and (2) the statute of limitations to file a sexual harassment complaint with the NYS Division of Human Rights has been increased. These amendments will likely create a more employee-friendly ruling climate, and employers should ensure that their policies are updated and that their employees are trained on the changes.

Here, a deeper look:

Sexual harassment definition: Previously, those claiming workplace harassment under New York State law were required to show that the harassment to which they were subjected was “severe or pervasive” to sustain their claim or legal action. The new laws lower the burden of proof by removing the phrase “severe or pervasive” from the legal standard, making “sporadic” sexual harassment sufficient to support a claim. Further, even if the employee fails to report the harassment or follow their employer’s internal policies and procedures, the new laws state that the employee may still be eligible to file for a sexual harassment lawsuit. Given these lowered standards, employers should address all forms of workplace harassment to avoid potential liability. These new laws are effective as of February 8, 2020.

Statute of limitations: As of August 12, 2020, the statute of limitations for filing a sexual harassment complaint with the NYS Division of Human Rights will be extended. Currently, the filing period is one year, and in August it will raise to three years.

These latest expansions prove how seriously New York State is taking the issue of sexual harassment, and all employers should take this opportunity to review and update their training procedures, notices, and policies. If you have any questions or concerns regarding these changes to New York State law, please contact our office.

McCormick Part of Task Force to Analyze Proposed Changes to New York State Court System

Posted: January 14th, 2020

Chief Judge Janet DiFiore is proposing Amendments to the New York State Constitution to consolidate New York’s major Trial Courts.

The Suffolk County Bar Association has joined with the Nassau County Bar Association to create a joint task force, pooling their knowledge and experience to analyze and comment on the proposed changes. CMM is pleased to share that Senior Partner Patrick McCormick, who serves as Secretary for the SCBA, is part of this important task force.

CMM is at the forefront of the legal and business communities, and McCormick’s critical insights will be an asset to the task force.

Renegotiating a Bad Deal

Posted: January 9th, 2020

By: Joe Campolo, Esq. email

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Ever negotiate a deal and happily put it to bed, only to have to revisit it months or years later? Every negotiator has ended up with an agreement that no longer suits their needs, or their adversary’s, and must go back to the table to turn the lopsided deal right again. But the dynamics of renegotiation aren’t the same as negotiating for the first time, and renegotiating what you thought was a done deal comes with its own set of pressures. Read on for tips on renegotiating effectively.

  1. Identify the key issues: Are you the party initiating the renegotiation? Before approaching the other parties, make sure you have a clear idea of what is wrong with the current contract. Look at the role each party plays in causing the problem and how everyone, not just you, is affected by it. Then decide which issues are most important. You may not be able to resolve everything. Plan to address your biggest problem first. On the receiving end of a renegotiation request? Analyze and understand what’s critical to the other side, what points you can’t budge on, and where you may have some room to negotiate. Decide if it’s worth giving a little to avoid the deal falling apart – or if it isn’t.
  2. Propose a renegotiation: If you’re the party seeking the renegotiation, once you’ve identified the issues, confront all parties involved and actually propose a renegotiation. Clearly articulate why you view components of the contract – or results that came out of the contract – as problems, and back that up with convincing evidence. Odds are that the opposing side will be willing to sit down and consider alternatives. Most people have a desire to be fair, especially if you’re able to back up your claims with evidence – and even if they’re not feeling charitable, they may choose renegotiation over an expensive lawsuit.
  3. Understand the dynamics: Negotiations for new business deals are often positive, with the parties sharing an optimistic view of the deal’s potential. But renegotiation often takes place somewhere between dashed expectations and the threat – or actual filing – of a lawsuit. Understand that the same negotiation strategies you employed the first time around may not be the right choice now, and that you and your adversary know more about each other than before. This reality can be either a curse (you let your adversary exploit what they know to their own advantage) or a blessing (here’s an opportunity for you to use what you learned during the first go-round to get a more advantageous deal). 
  4. Create value: A gain for you doesn’t need to be a loss for them – it’s in your best interest to provide some benefit to the opposing party in your proposed resolution. You’ll accomplish nothing if you both enter the renegotiation unwilling to give an inch. Create an atmosphere of cooperation and see how you can come to at least a win-not-lose solution.
  5. Take your time: With urgent problems, it’s common for negotiators to push for a quick fix to alleviate the stress. But the flawless plan you negotiate today may not work for you three years from now. (Isn’t that why you’re at the renegotiation table in the first place?) Take the time to consider negotiating shorter-term deals that will allow for natural breaks for renegotiation. Both parties can come back to the negotiation table and discuss what works for their businesses after the short contract concludes.

Whether you want to renegotiate because your original plan has unintended consequences, or you just want to see if you can get more out of your deal, keeping the above tips in mind will help your renegotiation plan succeed.

2020 Changes to Minimum Wage and Overtime Exempt Salary Threshold

Posted: January 6th, 2020

It is that time of the year again. 2020 is here and New York State has once again increased the minimum wage and the overtime exempt salary threshold effective December 31, 2019.

Minimum Wage Increase
Employers generally must pay nonexempt employees at least the minimum wage.  Minimum wage throughout New York may vary based on the employer’s size, geographic location, or industry.  There are different hourly rates for workers in the fast food industry and those who receive tips.  The table below outlines New York’s 2020 minimum wage:

Geographic Location 2020 Rate
NYC (11 or more employees) $15.00 per hour (no change from 2019)
NYC (10 or fewer employees) $15.00 per hour
Nassau, Suffolk, and Westchester counties $13.00 per hour
Remainder of NY $11.80 per hour

The minimum wage is expected to increase annually until it reaches $15.00 per hour by the end of 2021 for all of New York State.

Increased Salary Threshold for Overtime Exemption

Both federal law (Fair Labor Standards Act (FLSA)) and state law (New York Minimum Wage Act and applicable regulations) generally require the payment of overtime wages for work performed after 40 hours per week.  However, there are exemptions for certain salaried employees from federal and state minimum wage and overtime pay requirements.  In addition to New York’s minimum wage increase, the minimum salary that must be paid to workers classified as exempt under New York State Labor Law’s administrative and executive exemptions increased for 2020. As with minimum wage, the salary thresholds vary depending on the employer’s location and the number of employees.  The table below outlines the revised salary thresholds in New York State:

Geographic Location 2020 Salary Threshold*
NYC $1,125.00 per week ($58,500.00 annually)
Nassau, Suffolk, and Westchester counties $975.00 per week ($50,700.00 annually)
Remainder of NY $885.00 per week ($46,020.00 annually)

*Numbers provided are pursuant to New York State law and are higher than the federal FLSA thresholds.  Employees must meet certain duties tests in addition to their earnings or they will otherwise be eligible for overtime pay.

Employers should review their wage and hour practices annually to ensure that their employees are properly classified as exempt or non-exempt and that current minimum wage and overtime rates are being paid to qualified workers.  Take advantage of the new year to give your practices a fresh look.

We counsel employers on compliance with all federal, state, and local laws that impact the workplace. View more on our Labor and Employment page.

If you have questions about minimum wage, overtime, or wage and hour exemptions, please contact us here or call (631) 738-9100.

Newsmaker of the Year: Campolo’s Leadership Helps Shine Spotlight on Long Island Innovation Park at Hauppauge

Posted: January 6th, 2020

Renamed in 2019, the Long Island Innovation Park at Hauppauge is finally getting the investment and attention it deserves thanks to HIA-LI’s relentless focus on growing this economic engine, spearheaded by HIA-LI Board Chairman Joe Campolo and HIA-LI President and CEO Terri Alessi-Miceli. These efforts earned a spot in LIBN’s 2019 roundup of the year’s top stories, “Newsmakers of the Year.”

HIA-LI fostering growth at industrial park

A new task force at HIA-LI is set to implement an action plan to optimize the long-term economic impact of the 1,400-acre Long Island Innovation Park at Hauppauge (up until recently was called the Hauppauge Industrial Park).

The action plan is based on the recommendations of the 160-page opportunity analysis by the Suffolk County IDA and Regional Plan Association that was released earlier this year. Leading the analysis was James Lima of James Lima Planning + Development, a New York City-based planning firm whose client list includes Facebook, several agencies for the City of New York, the University of Tennessee and other villages, cities and foundations.

A 41-year-old organization, the HIA-LI serves as the voice of the industrial park, where 55,000 people are employed. The park delivers $13 billion in annual output, according to the HIA-LI.

The report’s findings show that the park is the “undisputed anchor of Long Island’s ‘tradable’ economy,’” which brings “new dollars and commerce into the region,” according to a press release about the new task force.

Read the rest of the article here. For more details on the Innovation Park Opportunity Analysis and plans for growth, read Joe Campolo’s remarks from the 2019 HIA-LI Business Achievement Awards here.

Hon. Andrea Harum Schiavoni Elected Suffolk County Family Court Judge

Posted: December 31st, 2019

Campolo, Middleton & McCormick congratulates our colleague and friend Hon. Andrea Harum Schiavoni on her election as a Suffolk County Family Court Judge as of January 1, 2020. To serve in this role, Schiavoni will vacate her role as Southampton Town Justice, where she was first elected in 2008. She will also leave her role at CMM, where she has spent the past several years focusing on commercial, family, and matrimonial mediation, real estate deals, and transactional matters for our East End clients.

In addition to her work at CMM and as Southampton Town Justice, Schiavoni was appointed to establish a Justice Court in the Village of Sag Harbor in 2010 and serve as its first justice and, in 2013, was appointed by then-Chief Administrative Judge A. Gail Prudenti to start a Veterans Treatment Court on the East End. She is a recognized authority in alternative dispute resolution, with significant experience working as a mediator and arbitrator, which will undoubtedly serve her well in her new role in Family Court.

Senior Partner Scott Middleton, head of our East End practice, said, “On behalf of all of us at CMM, we congratulate Andrea on this fantastic opportunity as she embarks on a new chapter in her distinguished legal career.”

David Green Promoted to Senior Associate

Posted: December 31st, 2019

Campolo, Middleton & McCormick is thrilled to announce that litigator David Green has been promoted to Senior Associate as of January 1, 2020. He is an incredibly hardworking member of our team whose creative thinking and results-oriented approach to handling our clients’ legal matters have earned him this promotion.

David represents all types of businesses and individuals in various areas of litigation. He has spent many years in courthouses fighting for clients and developing a reputation as an attorney with knowledge, skill, and talent. He has secured tens of millions of dollars for clients, managing cases from intake through inception. The University of Delaware and University of Miami School of Law graduate has been recognized as a Super Lawyers Rising Star in 2018 and 2019.

CMM Honors Veterans by Remembering Those Who Have Served

November 11 is Veterans Day, when we honor those who have sacrificed so much for our country. In recognition of the commitment that the business community has to veterans year-round, we asked our team to share some of their stories. Read their stories below.

Isidoro “Charlie” Costa is the grandfather of CMM’s Vinny Costa. Charlie was a WWII veteran and served as Sgt. Tank Commander on the M-18 Hellcat Tank Destroyer. He was stationed in Ft. Hood, Texas, and was part of an experimental program to develop a weapon that could damage tanks. Shortly after that, Charlie was sent to fight in France and was given control of the Hellcat Tank, which he dubbed “Loose Nuts.” Charlie wrote a book about his experiences during combat, which you can find here. Charlie’s memory lives on in Vinny’s newborn son, whose name is Charles Costa.

Paul Weinberg is the father of CMM’s Alan Weinberg. Paul was a Second Lieutenant in the Army during WWII. Today Paul is 99 years old and lives in Great Neck, NY. We thank Paul for his service.

Alan’s grandfather, Jack Herschkowitz, was also a veteran and had a remarkable story to tell. A Private First Class in the Army during WWI, Jack fought in the Battle of the Lost Battalion. In order to obtain ammunition and rations, Jack, with another soldier, accompanied an officer in an effort to reestablish communication between the Lost Battalion and headquarters. As the three men were breaking through the enemy lines, they were detected in the center of an enemy camp, and to protect a fellow officer, Jack deliberately attracted the enemy fire to himself. All three soldiers got back safely to headquarters and Jack was awarded the Distinguished Service Cross and the Croix de Guerre for his role in the battle. Jack was an incredible example of bravery and heroism.

Our Managing Partner Joe Campolo served honorably in the United States Marine Corps. In 2018, Joe was honored to serve as the keynote speaker at Stony Brook University’s Veterans Day Ceremony. “This day is not only about gratitude for our veterans, but is also a reminder of all that they still have to give our nation, and our duty as citizens to support them,” Joe remarked during his keynote speech. Join us in reflecting on Joe’s remarks – you can read them here.

H.T. “Larry” Malafi, beloved father of CMM Senior Partner Christine Malafi, served in the Air Force. He was a co-pilot during the Korean War until his plane was shot down, ultimately ending his military career. He attended Syracuse University on the GI Bill and then, instead of returning to Pennsylvania, settled on Long Island, where he met Christine’s mom, and the rest is history! He went on to work as a physicist for AIL, a defense contractor, and raised three girls. “He taught his daughters that girls can do anything boys can do,” says Christine. “He also told us that if you can take care of yourself, you’re always in good hands. I miss him every day.”

A trailblazer, Pearl Burns, grandmother of CMM’s Lauren Kanter Lawrence, served with the Women’s Army Corps (WAC) during World War II. Pearl was a proud first-generation American, born in the Bronx to Jewish Romanian immigrants. Pearl, who served from 1942 to 1945, was one of more than 150,000 American women who served in the WAC, the first women other than nurses to serve within the ranks of the U.S. Army. She completed basic training in Fort Des Moines, Iowa, before serving in Italy and North Africa. When she passed away in 2000, the family donated much of her wartime memorabilia to the Women in Military Service for America Memorial in Washington, D.C. We thank Pearl for her service and for paving the way for many generations of women in the military.

Lauren’s father-in-law, Fred Lawrence, also served. A Sergeant in the Infantry, Fred was in Vietnam during the Tet Offensive in 1968. His unit was the 1st Battalion 16th Infantry Regiment, better known as the “Big Red One.” He came home in April 1969. In 2015, his name was added to Eisenhower Veterans Plaza honoring Nassau County residents who served. We thank Fred for his service.

James Kelleher is the father of CMM’s Kathleen Kelleher Johnson. James served in the army in Vietnam and was tasked with the maintenance and repair of Redstone and Pershing ballistic missile guidance and control systems. After that, he was transferred to 1-5 Air Cavalry operating out of An Khe, S. Vietnam.

Jerome N. Fier, father of CMM’s Michelle DiPietro, was 19 and living in Flushing, Queens when he enlisted in the army. A butcher by trade, Jerome relied on his skills with food to run a chow hall north of Seoul, Korea. He was also responsible for organizing the tanks that delivered food to the troops. He was honorably discharged with the rank of Sergeant, and is currently 84 years old and living in Staten Island.

Frederick Glass, father of CMM’s Martin Glass, was a Corporal in the US Army Air Corps in World War II. Though he was originally supposed to complete training on airplane mechanics, the school was shut down just before graduation and Frederick’s skills were applied instead to trucking. Unfortunately, Frederick had never learned how to drive before entering the Army! He learned quickly and was soon handling supply deliveries all over England and Western Europe.