News (All)

Malafi Elected to Board of Directors of Family Service League

Posted: November 27th, 2017

Ronkonkoma, NY – An advocate for the local community, Christine Malafi, a partner at Campolo, Middleton & McCormick, LLP, a premier law firm with offices in Ronkonkoma and Bridgehampton, has been elected to the Board of Directors of Family Service League, a Long Island based non-profit human service organization that provides a safety net for people in need.

Established in 1926, Family Service League (FSL) touches the lives of 50,000 people annually, addressing some of the most prevalent and pressing human needs facing our Long Island communities.  The agency delivers tangible help and crisis intervention across a spectrum of service areas including mental health conditions, drug and alcohol abuse, homelessness, job training, computer literacy, trauma counseling, and children, family and senior support services. In addition, FSL operates pre-school learning centers and universal pre-K programs.  In all, FSL offers over 60 programs at 20 locations throughout Long Island.

“We are proud to welcome Christine to the Family Service League Board of Directors.  We feel that her integrity and expertise in law and business, combined with her advocacy of social service programs, will be an asset to our organization as we plan for the future,” said Karen Boorshtein, FSL President and CEO.

Malafi’s credentials include chairing CMM’s Corporate department, one of the most robust teams in the New York region. Her practice focuses on mergers and acquisitions, corporate governance, and labor and employment matters, as well as municipal, insurance coverage, and fraud issues. She represents buyers and sellers in multimillion dollar transactions and serves in a general counsel role for many of CMM’s internationally-based clients.  Prior to joining CMM, Malafi made history as the first woman and youngest person to serve as Suffolk County Attorney.

In addition to her new role with Family Service League, Malafi serves on the Boards of the Girl Scouts of Suffolk County and Natasha’s Justice Project, as well as the Board of Governors of Touro Law School.

About CMM
Campolo, Middleton & McCormick, LLP is a premier law firm with offices in Ronkonkoma and Bridgehampton, New York. Over the past generation, CMM attorneys have played a central role in the most critical legal issues and transactions affecting Long Island. The firm has earned the prestigious HIA-LI Business Achievement Award and LIBN Corporate Citizenship Award, a spot on the U.S. News & World Report list of Best Law Firms, and the coveted title of Best Law Firm on Long Island. 

 

Newsday Coverage of Campolo’s Entrepreneurs Edge Interview: “Bedgear CEO Says Entrepreneurs Should Expect 80-90 Hour Weeks”

Posted: November 21st, 2017

Eugene Alletto, founder and CEO of Bedgear, right,

Joe Campolo and Eugene Alletto. Photo Credit: Jessica Rotkiewicz

By Ken Schachter kenneth.schachter@newsday.com

Entrepreneurs’ efforts to strike a work-life balance are completely off-base, the chief executive of Farmingdale-based Bedgear LLC said at a Stony Brook University showcase.

“There’s no work-life balance. There’s work-life integration,” said Eugene Alletto, who founded the maker of “performance” pillows, bedding and mattresses in 2009.

Speaking Tuesday night at the Entrepreneurs Edge series staged by the College of Business, Alletto said work consumes his time and there’s no way to separate it from the rest of his life.

“You’re going to be working . . . 80 or 90 hours a week,” he said. “It’s not work to me. It’s me.”

Sprinkling anecdotes with salty language, Alletto spoke before an audience of Stony Brook students and members of the College of Business CEO leadership council at the Charles B. Wang Center. He was interviewed on stage by Joseph Campolo, advisory board chairman of Protegrity Advisors, a merger and acquisition consultancy in Ronkonkoma, and managing partner of Ronkonkoma-based law firm Campolo, Middleton & McCormick.

In his role as the company’s CEO and self-described “quarterback,” Alletto said he is the “big visionary,” and that he has made an effort to hire people who can compensate for his own shortcomings.

“I’m probably the worst manager of people,” he said. “I can’t manage myself.”

At the same time, Alletto said he steadfastly refuses to hire middle managers, preferring to describe the company’s broad direction and let employees figure out how to get there.

“You want to know how to compete on Long Island?” he asked. “You’ve got to get rid of this middle management.”

He acknowledged that his “guardrail” management approach lets the company “veer a little bit left and right.”

Bedgear has grown from 63 employees in 2013 to almost 200. The company has staged promotions and forged marketing partnerships with sports teams, including the New York Mets, the Boston Red Sox, the San Diego Padres, the Denver Broncos, the New York Islanders and the Dallas Mavericks. Bedgear was the “official mattress and performance sleep partner” of the 2017 TCS New York City Marathon staged earlier this month.

The company set up pillows, bedding and mattresses at the Wang Center for attendees to try.

Alletto addressed the students in the audience, urging them to seize opportunities when they arise and push through obstacles like people who camp outside of Apple stores to get the latest iPhone.

“That’s what the world is today. . . . You’ve got to do [expletive] that somebody else won’t . . . The single most important lesson in life is: Never give up. When you give up, I’m going to take your [expletive].”

Read it on Newsday.

Malafi quoted in Newsday Q&A column “Can I Replace a Seasonal Employee Receiving Workers’ Compensation Benefits?”

Posted: November 21st, 2017

By Carrie Mason-Draffen
carrie.mason-draffen@newsday.com

DEAR CARRIE: I have a question about a worker who is out on a workers’ compensation claim. He worked as a seasonal employee and will be out about six months. If he is not able to come back to work before the new season starts, can the employer fill the position right away, and is the employer obligated to hire that employee again? — Employer’s Rights

DEAR DOESN’T: For answers, I turned to an attorney who primarily represents employers, Christine Malafi, a partner at Campolo, Middleton & McCormick in Ronkonkoma. Based on the facts you presented, she said the employer wouldn’t have to hold the job open.

“An employer does not have keep a position vacant because a seasonal worker is out on a workers’ compensation claim, and the employer can hire someone else to fill the position for the season,” Malafi said.

But the timing can be tricky.

“It is important to remember, however, that an employer cannot fire an employee, seasonal or not, for filing a workers’ compensation claim,” Malafi said. “An employer subjects itself to discrimination claims if it fires an employee for filing a workers’ compensation claim.”

Read it on Newsday.

Campolo in LIBN: “The Hauppauge Industrial Park Deserves Its Day in the Sun”

Posted: November 15th, 2017

By Joe Campolo and Terri Alessi-Miceli

When people talk about Long Island, they mention its sandy beaches, seaside harbors and quaint villages. Perhaps the largest, and most hidden, gem among these sites is the Hauppauge Industrial Park (HIP), the second largest industrial park in the nation behind Silicon Valley and a major economic engine serving all Long Island. But for too long, the businesses in the park have been deprived a seat at the table when Town and State budgets are determined, threatening the Park’s success and survival despite its major economic contributions to the state and local economy. It’s imperative that Long Island business leaders help save the Hauppauge Industrial Park and preserve our way of life as dreamers, innovators and builders for the next generation.

The Hauppauge Industrial Park is an 11-square-mile patch of land located primarily within the Town of Smithtown with a small piece reaching into the Town of Islip. It is a workday home to over 55,000 people, employed across nearly 1,400 companies, run by some of the most innovative entrepreneurs in the country. Its workforce represents almost one in every 20 people employed on Long Island. The companies in the HIP range from light industrial manufacturers and electronics makers to construction and engineering companies to professional services.

By the Numbers

HIA-LI (the business organization that has, for over 30 years, acted as a steward to the Park) and Stony Brook University recently orchestrated an Economic Impact Study (EIS) in collaboration with a task force of Long Island business owners, the Suffolk IDA, and the Regional Planning Association, to document the economic contributions of the Park. The reason for initiating the EIS is simple: The Park is an engine of job growth and by attracting businesses and new industries to the Park, we can help keep the next generation of workers here on Long Island to build and create. However, the results uncovered are staggering:

  • $13.4 billion in sales volume is generated by Park businesses.
  • $4.4 billion in business expenses are paid by Park businesses.
  • $2.897 billion in total combined Park business payroll is paid to employees.
  • $2 billion remains as household income to spend locally on Long Island.
  • $806 million of the payroll is taxable income.
  • $64.5 million in annual property taxes is paid by Park property owners.

The collaboration between the HIA-LI and Stony Brook University on the EIS was no coincidence. Many of the entrepreneurs and workers in the Park are products of Stony Brook University, and finding a home in the Park has enabled them to live on Long Island and make significant economic contributions to our area. In turn, the success of the companies in the Park helps boost Long Island’s reputation as a wonderful place to live, work, and study, helping draw students to study at Stony Brook and then stay here after graduation. Stony Brook and HIA-LI are committed to working together to make the HIP as strong as possible.

Despite its critical economic impact, the Park struggles to garner the proper attention and necessary resources it needs to survive and compete. This includes lack of legislative assistance and budget for tackling critical issues such as workforce housing, transit and shuttle services.

Only Suffolk County, which receives the lowest percentage of tax revenue from the HIP, has supported some infrastructure initiatives such as upgrading the Park sewer system and providing Wi-Fi access.

If these critical needs remain ignored, the HIP will not be able to compete and risks becoming an industrial ghost town, shut down by high taxes, high wages and a nonexistent workforce.

Long Island business leaders must do better than this.

We ask you to join HIA-LI, Stony Brook University, and the businesses of the HIP in educating our state, county and local legislators to ensure they understand the enormous impact the Hauppauge Industrial Park represents for all Long Islanders. Make sure they know that, like us, you are committed to building a stronger Island and that the HIP deserves a seat at the table when budgets for infrastructure spending are considered.

Together, we can make the HIP one of Long Island’s greatest success stories.

Campolo, an attorney, is managing partner of Campolo, Middleton & McCormick, chairman of Protegrity Advisors and a board member of HIA-LI. Alessi-Miceli is president of HIA-LI, which she has grown into one of the most dynamic business associations on Long Island.

Read it on LIBN.

Yermash quoted in “Salespeople: Employees or Independent Contractors?” article in LIBN

Posted: November 7th, 2017

Arthur YermashBy Bernadette Starzee

By using independent contractors instead of hiring employees, employers cut various expenses, from health insurance to payroll taxes. However, workers are sometimes misclassified as independent contractors when they are really employees, which could be a costly mistake for their employers.

Often, misclassification shows up in the salesperson category. As salespeople have various arrangements with regard to where they work and how they are compensated, even well-meaning employers often get the classification wrong.

Employers might also think that because their salespeople are paid on a commission basis rather than a salary that they do not have to classify them as employees.

“When the salesperson is in business for himself, and he’s out selling door to door, and he doesn’t have to be anywhere at any time, and he’s not told who to reach out to, who to sell to – that’s a classic example of a salesperson who is truly an independent contractor,” said Arthur Yermash, a senior associate at Campolo, Middleton & McCormick in Ronkonkoma.

Misclassification may be discovered when an independent contractor gets terminated and files for unemployment insurance or gets injured and files for worker’s compensation. Or it could be found on a Department of Labor audit.

Over the past few years, the Department of Labor has been focused on going after employers for misclassification, Yermash said, noting, “It’s one of the easier ways for employers to avoid some of the legal requirements regarding workers.”

Companies who have independent contractors on their roster should perform a self-audit to make sure they are classified properly.

“They should reevaluate every year or every couple of years, depending on the size of the company and how many independent contractors they have,” Yermash said. “They will be putting themselves in the best possible position to work through any audit that may come.”

Read the full article on LIBN.

Focus on HIA-LI and Women’s Leadership featuring Terri Alessi-Miceli of HIA-LI

Posted: November 1st, 2017

“Growing up, conversations around the dining room table were always about what I could do, not what I couldn’t.” Terri Alessi-Miceli, President of HIA-LI, spoke with Joe Campolo about a range of topics including the critical importance of mentoring in helping to stop sexual harassment in the workplace, the mission at the heart and soul of HIA-LI, and how emerging leaders can seek out activities that will help them “practice the profession of business.”

New Law Prohibits NYC Employers from Inquiring About Applicants’ Salary History

Posted: October 27th, 2017

By Christine Malafi

Businesses with employees in New York City, take note: beginning October 31, 2017, employers cannot inquire about an applicant’s salary history (wages, benefits, or other compensation) or rely on that history to make decisions in the hiring process, such as determination of salary, benefits, or in the negotiation of an employment contract.

It’s critical that employers understand their obligations under the new law and take proactive steps to ensure compliance.  Here, some details:

What does the law prohibit?

The law prohibits employers from asking questions or seeking information about a candidate’s current or prior earnings or benefits, such as on a job application; asking for this information from a candidate’s current or former employer; or searching public records for this data. Employers are also barred from relying on any information about an applicant’s current or prior earnings or benefits to determine compensation in the new position, if hired.

Which employers and applicants does the law apply to?

The law applies to all New York City employers, regardless of size; even if you employ just one employee in New York City, your business must comply. The law covers candidates for new jobs in New York City; applicants for a promotion or transfer with their current employer are not covered.

Can I bring up salary at all?

Employers are not prohibited from discussing the anticipated salary, bonus, and benefits of a position, and remain free to inquire about the candidate’s requirements or expectations for salary, bonus, benefits, or commission structure. Employers may also ask for objective information about the applicant’s productivity in a current or prior position, such as their revenue, sales, reports of profit or production, or books of business.

Employers can also contact an applicant’s current or former employer or search online to verify information such as work history or responsibilities. However, it is important to note that if these inquiries lead to the accidental discovery of prohibited salary information, the employer cannot rely on that information in making salary decisions. The law also does not prohibit employers from making inquiries required or authorized by federal, state, or local law.

The only circumstance in which employers may verify and consider salary information is if a candidate offers the information voluntarily and without prompting on the employer’s part during an interview.

What are the consequences for violations?

The law is intended to encourage employers to make compensation decisions based on qualifications, in an effort to combat wage inequality for female and minority job applicants. A non-compliant employer could face fines, damages, and mandatory training. The New York City Commission on Human Rights may impose civil penalties of up to $125,000 for unintended violations and up to $250,000 for willful violations; employers may also face civil lawsuits.

What steps should my business take to comply?

Businesses are advised to update their hiring policies and documents, such as job applications and background check forms, to remove prohibited inquiries about salary history. Remember, not all of these documents are physical; posts on online job boards or social media must also comply. If your company has a list of topics or questions to address during interviews, be sure they are revised to keep the salary discussion focused on expectations and requirements rather than history. Update all internal documents used in the hiring process.

Training all employees involved in hiring (not just HR professionals) is also crucial. They must understand the law’s requirements and resulting changes to the hiring process.

Please reach out to us with any questions about the law and guidance on compliance.