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CMM Celebrates 10-Year Anniversary of Middleton’s AV Preeminent® Rating

Posted: May 31st, 2023

Campolo, Middleton & McCormick, LLP is celebrating Senior Partner Scott Middleton’s 10^th anniversary of earning the AV Preeminent^® rating from Martindale-Hubbell®. This rating is the highest possible rating for both ethical standards and legal ability from the most recognized and trusted legal directory and resource for 150 years. Ratings reflect the anonymous opinions of members of the bar and the judiciary, recognizing attorneys for both ethical standards and legal ability.

In a peer review, a judge reported, “He is a strong advocate, well prepared, and respected by the judiciary.” Another attorney wrote, “Scott is accountable, reliable and a terrific advocate. He is a credit to his profession.”

Middleton chairs the Municipal and Personal Injury 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 Villages of Poquott and North Haven. 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.

Employer Update: Pregnant Workers Fairness Act and PUMP Act

Posted: May 30th, 2023

By: Christine Malafi, Esq. email

The Pregnant Workers Fairness Act was signed into law by the President in December 2022, and the Providing Urgent Maternal Protections for Nursing Mothers (“PUMP”) Act was adopted along with it. Recent federal publications have outlined some employer responsibilities with respect to each.

As of June 27, 2023, employers will have to provide pregnant employees with protections similar to those provided under the Americans with Disabilities Act (“ADA”). Employers with 15 or more employees will have to make reasonable accommodations, so long as there is no undue hardship on business operations, for known limitations related to pregnancy, childbirth, or related medical conditions. Like any request made under the ADA, an interactive process between the employer and employee must occur, and FAQs issued by the Equal Employment Opportunity Commission (“EEOC”) provide some guidance on what accommodations may be required, such as:

Allowing an employee to sit or drink water;
Providing closer parking;
Flexible hours;
Additional break time to use the bathroom, eat, and rest; and/or
Restructuring of duties to avoid strenuous activities and/or activities not safe for pregnancy.[1]

Additionally, a recent U.S. Department of Labor Wage and Hour Division bulletin[2] provides parameters related to the potential enforcement of the PUMP Act.

Specifically, the agency-directed guidance provides:

Employees are entitled to breaks every time they need to pump, and employers cannot mandate adherence to a schedule. The needs of the employee take precedence, and the frequency and length of each break may vary as a result. Whether or not the breaks are paid depends on, among other things, other federal, state, and local laws.

Employees must have access to a space for pumping that is shielded from view, free from intrusion by any person, available when needed, and not a bathroom. The space must have a place for the nursing employee to sit, a flat surface (that is not the floor) for placement of the pump and, if possible, an electrical outlet for an employee to use to plug in a pump and a sink for washing up. Employees must be able to safely store milk in an insulated food container, personal cooler, or refrigerator.

The updated Fair Labor Standards Act Poster should be utilized (as it contains new PUMP at Work information).[3]

Employers with fewer than 50 U.S. employees may be exempt from these requirements if they can show an undue hardship in compliance (looking at expense, financial resources, nature, and structure of the employer’s business).

Of course, as with the enforcement of all employee rights, there can be no retaliation against an employee who engages in pumping activity or requests an accommodation related to pregnancy or childbirth.

New York State has its own laws related to employees’ rights during and after childbirth, with which employers in New York must comply, including the right to express breast milk with access to a specific, designated room for such.[4]

We are here to help. Please contact us with any questions.

[1] See: https://www.eeoc.gov/pregnancy-discrimination

[2] Field Assistance Bulletin No. 2023-02: www.dol.gov/sites/dolgov/files/WHD/fab/2023-2.pdf

[3] See: https://www.dol.gov/agencies/whd/posters/flsa.

[4] See: https://dol.ny.gov/system/files/documents/2023/03/ls702.pdf.

CMM Closes Complex Merger of Communications Software Company

Posted: May 17th, 2023

Software applications that provide safety communications such as incident alerts and announcements have enabled schools and organizations to effectively handle emergency situations. Recently, CMM successfully facilitated a multi-million-dollar transaction for a software company specializing in developing this vital software for schools, healthcare facilities and various organizations. Deal team Vincent Costa, Marc Saracino, and Zachary Mike structured the complex transaction as a spinoff and a merger. CMM formed a new corporation for the seller, spun off the hardware assets, and transferred all debt, equity, and options to the newly formed corporation. The existing corporation, which now only contained the purchased SaaS assets, was merged into a subsidiary of the buyer, which became the surviving entity. Consideration for the merger was paid in cash and rollover equity at closing and an earnout based on revenues for a three-year period moving forward.

Alan Sasserath, Managing Partner of Sasserath and Co., was an integral part of the team with respect to deal structure and tax advice. Paralegal Cailey McByrne’s efforts helped push the complicated deal to closing.

CMM has the experience to handle the most complex M&A transactions. Contact us today.

David Green Recognized by Herald Community Newspapers as a 2023 Top Lawyer of Long Island

Posted: May 15th, 2023

Campolo, Middleton, & McCormick, LLP is proud to announce that CMM Partner David Green has been recognized by Herald Community Newspapers as a 2023 Top Lawyer of Long Island in the Litigation category. David will accept his award at the gala dinner on May 17 at The Heritage Club at Bethpage. The Top Lawyers ceremony celebrates attorneys who embody excellence in their area of legal practice and demonstrate outstanding community involvement.

David represents businesses and individuals in various areas of litigation with a particular emphasis on clients in the construction and real estate development sectors. He believes that supporting New York businesses and facilitating a robust business community is essential to the growth and advancement of Long Island.

David has spent many years fighting for his clients and developing a reputation as an attorney with knowledge, skill, and talent. His experience includes complex discovery, trials, appeals, securing settlements, and alternative dispute resolution. David is unique as a litigator in that he views litigation as one of many available legal strategies to help clients navigate a complicated legal system. His experience inside and outside the courtroom allows him to craft creative and effective solutions that help his clients save critical time and resources.

David is a key member of CMM’s Westbury office, where he is based. David is a Trustee of the Sea Cliff Village Library as well as a member of the Gold Coast Business Association.

California Privacy Rights Guide for New York Business Owners

Posted: May 4th, 2023

By: Vincent Costa, Esq. email

Tags: corporate, cybersecurity

In California, the California Privacy Rights Act (CPRA) is the latest amendment to California’s consumer privacy law, the California Consumer Privacy Act (CCPA). The CPRA provides consumers with additional rights. As a New York business owner, what do you need to know?

What is the CCPA and the CPRA?

The CCPA “gives consumers more control over the personal information that business[es] collect about them and the CCPA regulations provide guidance on how to implement the law.”[1] The CCPA, which went into effect in January 2020, created “an array of consumer privacy rights and business obligations with regard to the collection and sale of personal information.”[2]

In 2020, California voters approved the California Privacy Rights Act (CPRA). The CPRA amended the CCPA adding new privacy protections, amongst other things.

The protections, which became effective in January 2023, give consumers new rights in addition to those provided in the original CCPA, such as: (1) the right to correct inaccurate personal information that a business has about them, and (2) the right to limit the use and disclosure of sensitive personal information collected about them.[3] The CPRA defines “sensitive personal information” as:

Government identifiers, including Social Security numbers and driver’s licenses;
Account log-in, financial account, debit card, or credit card number with any required security code, password, or credentials allowing access to an account;
Precise geolocation;
Contents of mail, email, and text messages;
Genetic data;
Biometric information processed to identify a consumer;
Information concerning a consumer’s health, sex life, or sexual orientation; or
Information about racial or ethnic origin, religious or philosophical beliefs, or union membership.

Further, the CPRA creates a dedicated agency that has the power to investigate, enforce, and create rules. Additionally, there is no cure period under the CPRA. Therefore, businesses do not get the benefit of being notified of a violation before enforcement.

Who is subject to the CPRA?

The CPRA applies to “businesses” that collect personal information of California residents. The specific definition of “businesses” is:

A for-profit legal entity that
- collects consumers’ personal information, or on the behalf of which such information is collected,
- that does business in the State of California,
- and satisfies one or more of the following thresholds:
  - Has a gross revenue in excess of $25 million,
  - Buys, sells, or shares the personal information of 100,000 or more consumers or households, or
  - Derives 50% or more of its annual revenues from selling or sharing consumers’ personal information.

What responsibilities do businesses subject to the CPRA and CCPA have?

Businesses that are subject to the CCPA and CPRA must do several things, including:

Notify consumers of their rights,
Comply with all regulations regarding the consumer rights,
Fulfill disclosure and retention obligations,
Facilitate consumer’s requests regarding their rights, and
Implement security safeguards.[4]

Please contact us for more detailed guidance or with any questions.

Thank you to Joseph Townsend for his research and writing assistance.

[1]California Consumer Privacy Act (CCPA), State of Cal. Dep’t of Just. Off. of the Att’y Gen. (Feb. 15, 2023), https://oag.ca.gov/privacy/ccpa.

[2] CCPA vs CPRA: What’s the Difference?, Bloomberg L. (Jan. 23, 2023), https://pro.bloomberglaw.com/brief/the-far-reaching-implications-of-the-california-consumer-privacy-act-ccpa/.

[3] Id.

[4] Id.

CMM Participates in Groundbreaking Ceremony for the Tesla Science Center

Posted: April 28th, 2023

Electricity was in the air as the groundbreaking ceremony began for the construction of the Tesla Science Center at Wardenclyffe on April 27. Executive Director of Tesla Science Center and CMM Of Counsel, Marc Alessi, led the ceremony and ceremonial shovel turning of this historic event. More than 100 officials and guests including Lt. Governor Antonio Delgado and CMM Partners Don Rassiger and Vincent Costa attended to celebrate the project. The ceremony marked the first phase of construction, which includes the demolition of non-historic buildings on site and the restoration of the first building that will serve as the Eugene Sayan Visitor Center. The Visitor Center will be the first building on site open to the public where visitors will learn about the life and work of Nikola Tesla and his contributions to science and technology.

This phase of the project is made possible through the generous funding of Mr. Eugene Sayan, CEO of Softheon, Ludwick Family Foundation, an Empire State Development grant from New York State, and supporters from all over the world.

Legal Brief: Upcoming golf outing and the latest legal updates!

Posted: April 18th, 2023

New York State Amends Pay Transparency Law

Posted: April 18th, 2023

By: Zachary Mike, Esq. email

Tags: labor & employment

As CMM’s legal blog has explored, New York State enacted the New York Pay Transparency Law (the “Law”), which requires most New York employers to provide salary ranges for all advertised jobs and promotions in New York State, effective as of September 17, 2023. However, Governor Kathy Hochul recently signed an amendment to the Law (the “Amendment”)[1] that changes it in three major ways:

1. What constitutes a job “performed” in New York

Previously, the Law simply stated that the advertisement requirements would apply to any position that “can or will be performed in the state of New York.” Now, the Amendment explains that the Law does not apply to jobs solely because they “can” hypothetically be performed in New York. Instead, covered advertisements for jobs, promotions, or transfer opportunities will be those that:

“will physically be performed, at least in part, in the state of New York”; and
“will physically be performed outside of New York but reports to a supervisor, office, or other work site in New York.”

Essentially, the Law will apply to jobs where the employee will be physically located in New York in some capacity (whether full-time or as part of hybrid work), as well as to those who would be out-of-state employees, but report to a supervising contact of the covered employer who is physically located within the jurisdiction of New York State, similar to the New York City Pay Transparency Law.

2. Elimination of Recordkeeping Obligations

Furthermore, the Amendment wholly eliminates the Law’s recordkeeping requirement regarding the “history of compensation ranges for each job, promotion, or transfer opportunity and the job descriptions for such positions,” if they exist. While the Amendment has abolished this obligation, covered employers should consider maintaining such compensation records to ensure best practices.

3. Defining the Term “Advertise”

Lastly, the Amendment clarifies the previous ambiguity in the Law to provide a more concrete statutory definition of the term “advertise,” which is now defined as “mak[ing] available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity.” Therefore, the Amendment confirms that the Law’s salary disclosure requirement applies to both internal and external written job postings and is thus silent on word-of-mouth/verbal communications.

Please contact us for guidance or with any questions.

[1] Senate Bill S1326; https://www.nysenate.gov/legislation/bills/2023/s1326.

Martin Scorsese Premieres Documentary Featuring CMM Client David Johansen (a.k.a. Buster Poindexter)

Posted: April 13th, 2023

Event Date: April 14th, 2023

Don’t miss Personality Crisis: One Night Only from Martin Scorsese and David Tedeschi on Showtime, a portrait of musical iconoclast (and CMM client!) David Johansen. From his days leading The New York Dolls to his reinvention as lounge lizard Buster Poindexter, David Johansen is a chameleonic one of a kind performer. Featuring a live performance at Café Carlyle in New York City, where he performs as Poindexter singing the Johansen songbook, along with new and archival interviews, the film is a testament to a lost New York and a performer who remains as fresh and exciting as ever.

Watch the trailer here.