insideTime of transition for RBA

Annual wage notification requirement eliminated

Tips to avoid wage related lawsuits

Meet RBA board member Ed Pettinella

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September/October 2014

NewsletterVoice of Business

Welcome New Rochester Business Alliance CEO Bob DuffyJanuary/February 2015

NewsletterVoice of Business

This issue sponsored by:

New Rochester Business Alliance

President and CEO Bob Duffy started on the job January 5, succeeding Sandy Parker, who held the position since 2005. The Voice of Business newsletter recently sat down with Duffy to get his thoughts on this addition to his resume after serving as Rochester police chief, Rochester mayor, and New York lieutenant governor.

RBA: What’s your history with Rochester Business Alliance? Duffy: Long before I explored the possibility of working at RBA, I was a big fan of the organization and had great respect for it. Through my tenure as police chief, mayor, and lieutenant governor, I have had the pleasure of working alongside Rochester Business Alliance and watching the organization’s impact not only on the business community and economic development, but also on issues that face the entire Rochester community. RBA has helped provide a higher quality of life throughout the Finger Lakes region.

RBA: How has your diverse career prepared you for the CEO position? Duffy: I have been blessed with three wonderful careers. In all three, I have had the benefit of working with great people who helped me learn about so many issues that impact our community and our state. My previous careers position me well as RBA CEO because of the experiences that I’ve

had and the relationships that I’ve been able to create and enjoy over more than 20 years. The most important thing for me is that I love this community, I love the Finger Lakes region, and this provides me with an opportunity to come home and be part of a great team that will have an impact on the region.

RBA: What’s your first order of business as you start on the job? Duffy: My first order of business is to get to know all of the RBA staff members. I already know many through my contacts over the years, but I want to get to know everyone in the organization and take time to interact with them personally. Most importantly, I want to listen and learn. I then want to start interacting with Rochester Business Alliance members. For both members and their employees, I want to know how best I can serve them as CEO and provide the level of customer service they would like to see in the future. In many ways, I’m stepping into an organization that has been extraordinarily successful in so many different areas. I would love just to build upon those successes and keep strengthening the organization and its members. The most important thing I can do starting from day one for both the RBA staff and members is to listen and to learn.

RBA: What’s your long-term vision for RBA moving forward? Duffy: I have a number of ideas, but I don’t want to get ahead of myself before I settle into the job and get to know the staff and our members. Before I project what I want to do in the future, I want to fully understand what is

being done now. I will be in a better position later this year to outline more clearly and specifically some of the things I would like to see done.

RBA: How do you respond to critics who say you’ve worked in the public sector your entire career and have no business experience? Duffy: I have had the opportunity to run two organizations, the Rochester Police Department and City of Rochester government. In my tenure as lieutenant governor, one of my main roles was working with the regional economic development councils across the state. I have met with business leaders from large corporations to agriculture. I have gained experience and found ways to help them. I have advocated for them to the governor and the legislature. I see the Rochester Business Alliance CEO position as one of providing advocacy and customer service that will help members be successful. While I have not run a private sector business, I have had a variety of experiences that others may not have had in getting to know people, getting to know issues, and forging relationships that I think will be very helpful. I’ve never responded negatively to critics. It is my goal to work as hard as I possibly can to prove wrong those people who feel I can’t do this job. I look forward to having that opportunity.

RBA: What’s your message today to RBA members? Duffy: My main themes are to listen, learn, and build upon the successes already put into place by the very strong RBA team.

2 January/February 2015

From the Chairman

Daan Braveman, Chairman of the BoardNazareth College of Rochester

Dave Fiedler, TreasurerESL Federal Credit Union

2014-2015 Board Officers

RBA StaffRobert J. DuffyPresident and CEO

Bill Anderson Senior director, support services and membership services Bill.Anderson@RBAlliance.com

Barbara CutronaVice president of operationsBarb.Cutrona@RBAlliance.com

Dan SmithCommunications directorDan.Smith@RBAlliance.com

Tammy StefaniDirector of accounting servicesTammy.Stefani@RBAlliance.com

Chris WiestVice president of public policy and advocacyChris.Wiest@RBAlliance.com

Kevin Donahue, membership directorKevin.Donahue@RBAlliance.com

Nina Shelton, director of group health insuranceNina.Shelton@RBAlliance.com

Kristin Graves, newsletter editor Kristin.Graves@RBAlliance.com

This newsletter is the official newsletter of Rochester Business Alliance, published at 150 State St., Rochester, NY 14614. Articles printed are for information only and are not intended to render legal advice.

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Daan Braveman

This is a time of transition for Rochester Business Alliance.

Sandy Parker retired as president and CEO after serving in that position for a decade. At her retirement party in December, Mayor Lovely Warren awarded Sandy a key to the City of Rochester. Sandy will need a large keychain as this is her second key to the city. She received the first one in 2006 for her leadership in the Fair Share Coalition that sought parity in state aid for Rochester. That effort evolved into the Rochester Community Coalition, which brings together people from business, labor, local government, education, faith organizations, and nonprofit organizations to advocate for state investment in area projects that will create long-term jobs and boost the regional economy.

Sandy also helped form the Unshackle Upstate coalition in March 2006 to push for legislative reform needed to reinvigorate the regional economy. The coalition has since grown to more than 75 organizations representing more than 45,000 employers and more than a million workers. Sandy has been credited with bringing long-overdue attention to the economic challenges facing Rochester and Upstate and for her leadership in the coalition’s successful campaign for reform of the state’s workers’ compensation system.

Not many individuals can say they have two keys to the city but Sandy certainly earned them. With Sandy at the helm, RBA stabilized its finances, grew its membership, expanded services to its 2000 members, assumed a leading advocacy role, and took a leadership role in addressing issues related to health care and education.

She also served the community through her membership on a variety of boards, including the Bank of Castile, Center for Governmental Research, Frontier Communications of Rochester, Greater Rochester Enterprise, Monroe Community College Foundation, High Technology of Rochester, Rochester Institute of Technology, Rochester Regional Health Information Organization, St. Ann’s Foundation, Tompkins Financial Corporation, University of Rochester, and VisitRochester.

This region is indebted to Sandy, and we wish her the very best as she begins this new and exciting phase of her life.

With Sandy’s departure we now begin a new era at Rochester Business Alliance. In Bob Duffy we have the right person to build on a strong foundation and lead us into the future as RBA president and CEO. Indeed, it would be hard to find an individual who knows this community better than Bob. His broad experience as lieutenant governor, Rochester mayor, and Rochester police chief position him well as the next RBA president and CEO. He has led the regional economic development council effort statewide and worked extensively in the Rochester region to advocate for key projects, including Eastman Business Park. He has both the community collaboration experience and political ties that will be critical in forging alliances and advocating on behalf of RBA membership. He also cares deeply about the community and is committed to ensuring that this region is among the best places to live and work for all its residents.

I am confident that this transition will be smooth and that under Bob’s leadership RBA will continue to thrive, making significant contributions to the well-being of the region.

Daan Braveman is Rochester Business Alliance Chairman of the Board and Nazareth College President. He also served on the search committee that recommended Bob Duffy to the RBA executive committee to succeed Sandy Parker as president and CEO. The executive committee unanimously elected Duffy to the position in November. He started on the job January 5.

3www.RochesterBusinessAlliance.com

New Member Profile: AMF Bowling

Voice of Business

RBA welcomed new member company AMF Bowling in October and had a moment to get acquainted with District Manager Ron Ciminelli to learn more about this business.

Tell us about your company: Bowlmor AMF specializes in corporate and special events, birthday parties, as well as league and walk-in retail bowling. We operate five bowling centers in the Rochester NY area (three on the west side and two on the east side).

What prompted you to join RBA? We joined RBA in an effort to become more involved with community relations in the Rochester area. We’re interested in establishing relationships with area businesses.

What business/economic challenges are you currently facing? A challenge that we face is the perception of bowling alleys as smoke-filled places, that aren’t kid friendly, and always full with league bowlers. Our bowling centers are clean, inviting, family friendly, and fun! We still have leagues but we also offer great open play promotions, birthday parties for kids and adults, and corporate events.

What is your business outlook? We strive to be a world-class provider of delightful guest experiences and to provide a dynamic work environment where talented and ambitious associates will thrive.

RBA Applauds Wage Theft Prevention Act Reform

www.amf.com

Rochester Business Alliance announced its support of the Rebuild NY Now campaign

to raise public awareness about New York State’s infrastructure needs. The campaign highlights the state of disrepair of New York’s infrastructure and calls for a renewed commitment to infrastructure investment.

RBA Vice President of Public Policy and Advocacy Chris Wiest said, “Infrastructure stands as the critical backbone of commerce. Employers rely on safe and well-maintained roads and bridges to deliver goods and services to their customers. Rochester Business Alliance is pleased to support the Rebuild NY Now campaign to call for an increased emphasis on public investment in the state’s infrastructure in order to boost the economy and create jobs.”

Rebuild NY Now pointed to recent studies that show for every billion dollars spent on infrastructure repair and development, more than 28,000 jobs are created. Every day, more than 17 million New Yorkers drive over an unsafe bridge on their way to work or school.

RBA Supports Rebuild NY Now CampaignInvestment now means safer, cheaper, and more efficient travel for all New Yorkers.

Rebuild NY Now President and CEO Mike Elmendorf said, “There is widespread agreement that New York needs to invest in its infrastructure if we’re going to remain competitive and create jobs. Investing in

infrastructure projects right here in Rochester and the Finger Lakes region will not only create jobs and save people money, but it will also ensure the safety and well-being of New York families who every day ride on roads and bridges that are in a

state of disrepair.”

Rebuild NY Now is a partnership of supporters seeking to raise public awareness about the issues impacting New York State’s infrastructure. The coalition actively engages federal and state elected officials to support public policies that promote safe roads, bridges, schools, hospitals, and other vital infrastructure. Supporters of Rebuild NY Now are committed to advocating for appropriate investment in the state’s roads and bridges.

Governor Andrew Cuomo signed into law reforms to the Wage Theft Prevention

Act that eliminate the annual wage notification requirement for New York employers. The reformed law also waives the customary 60 day waiting period for new legislation to take effect, meaning employers do not have to provide a 2015 notification by February 1.

Under the old version of the law, employers were required to give an annual salary notice to employees and obtain written confirmation that the notice was received. Rochester Business Alliance Partner member the YMCA of Greater Rochester reported spending $27,000 a year to comply with the Wage Theft Prevention Act’s annual notification requirement. RBA has worked since the 2011 implementation of the law to advocate for reform.

Rochester Business Alliance Vice President of Public Policy and Advocacy Chris Wiest said, “Rochester Business Alliance is pleased that

Governor Cuomo has approved changes to the Wage Theft Prevention Act. RBA members have repeatedly identified the annual wage notice requirement as a state mandate that imposes substantial administrative costs on employers. Wage Theft Prevention Act reform has been a key advocacy priority and RBA has worked closely with our delegation and other leaders in Albany to change this regulation. We thank our many members that have supported these efforts as well as our delegation and Governor Cuomo for recognizing the need to repeal this burdensome employer mandate.”

The reformed Wage Theft Prevention Act still includes provisions such as wage notification at the time of employee hires, stronger protections for whistleblowers, and increased penalties for employers that skim wages.

For more on Wage Theft Prevention Act reform and to see Governor Cuomo’s signing statment, visit the New York State Department of Labor website.

4 January/February 2015

Membership

Rochester Business Alliance welcomes its new membersAARP...........................................................www.aarp.org AMF Bowling ...........................................www.amf.comAvalon Document Services ..................www.teamavalon.comBeltz Ianni & Associates, LLC .............. www.beltz-ianni.com Christopher’s Restaurant & Custom Catering www.christophersny.com ClearCove Systems, Inc. ........................www.clearcovesystems.comDatto ............................................ www.datto.comDresden Public Relations ..................... www.dresdenpr.comExelon Generation - R.E. Ginna Nuclear Power Plant www.exeloncorp.com Faradyne Motors ................................... www.FaradyneMotors.com Forsythe Technology, Inc. ............ www.forsythe.comHealth Republic Insurance of New York www.newyork.healthrepublic.us

Hoagies Deli-Pizza Inc. .......................... www.hoagiesdeli-pizza.comInsley-McEntee Equipment Co., Inc. ...www.insleymcentee.com IP.com ........................................................www.ip.comReal Lease, Inc. ........................................www.reallease.comRochester Academy Charter School ...www.racschool.com Shamrock Solutions, LLC ...............................www.shamrocksolution.com Tech Horizons LLC .........................................www.TechHorizons.netTurkic American Chamber of Commerce Upstate www.turkicamerican.orgUDN, Inc. - General Construction ..............www.udninc.comUsherwood Office Technology .....................www.usherwood.com

*Companies listed in blue denote our Partner Members*

Isaac Heating and Air Conditioning hosted Rochester Business Alliance Coffee with

Our CEO at its new facility in the Holleder Technology Park in November. In her final coffee event before retirement at the end of last year, former RBA CEO Sandy Parker discussed some of the issues that most concern Rochester Business Alliance members.

Parker said, “It was a list that we’ve heard quite a lot about. A lack of qualified people to fill the jobs that are available. New York State taxes in personal income tax, property tax, corporate tax. Regulations and the Wage Theft Prevention Act were cited as well as the Scaffold Law.”

Isaac Heating President Ray Isaac also talked about his company’s growth and move into the new 70,000 square foot facility.

Isaac said, “The Rochester market is such a wonderful place to start and grow a business

in spite of the challenges we face in New York State. It’s such a great community. We have a great clientele, we have great competition.”

Isaac also shared some advice for getting the most out of Rochester Business Alliance membership.

Isaac said, “Be active. Attend events. Network. Great people like to associate with each other and great companies like to associate with each other. This is a great place to find like-minded individuals who are entrepreneurial, who have the same mindset about growing a business, and are really in touch with what’s going on in the Rochester community. We also attend the educational sessions. There is so much value that is untapped until you start getting into it and then you realize there is a lot there.”

For a list of upcoming events, visit our calendar at www.RochesterBusinessAlliance.com.

RBA Members Voice Concerns at Coffee with CEO

Rochester bus riders started

using the new downtown RTS Transit Center less than two months ago. A little more than a week before it opened to the public, Rochester Business Alliance, Rochester Rotary, and VisitRochester joined forces to offer sneak preview tours of the facility.

The $50 million building spans an entire block and features state-of-the-art amenities like electronic displays, touch screen route planning, ticket kiosks, and heated floors. It’s the latest piece in downtown revitalization.

RTS Chief Operating Officer Daniele Coll-Gonzalez said, “We’re freeing up Main and Clinton for more development, for parking, for retail. Just for more opportunity for downtown to develop while creating a transit center in downtown that really puts us on the map for being a major city.”

More than 20,000 RTS customers travel through downtown each day. For more RBA tours and events, visit www.RochesterBusinessAlliance.com.

New RTS Transit Center Open for Business

Watch the video on YouTube.com/RBAlliance

Watch the video on YouTube.com/

RBAlliance

5www.RochesterBusinessAlliance.com

Connecting BusinessRochester Business Alliance offers a variety of events each month. For more photos, visit our Facebook page. The YouTube logo next to the photos denotes a video posting on our YouTube channel.

Speed Networking November 13. RBA Senior Staff at Sandy

Parker’s retirement party.

The SCORE Greater Rochester Chapter

holiday luncheon featured Sandy

Parker as the keynote speaker.

RBA Board of Directors meeting

December 11.

Ready Nation “More and Better

Learning Time” news conference

December 17.

From our staff to yours, we wish you

a happy and prosperous New Year!

6 January/February 2015

Voice of Business

Rochester Business Alliance is made up of employers big and small, in just

about every industry imaginable. While our programs and events are designed for all, we recognize that there are times when employers and employees want to be among a smaller group that shares their specific business issues. Here are some of our affiliates’ upcoming events:

Associated New York State Food Processors nyfoodprocessors.org Greater Rochester Quality Council www.grqc.org Small Business Council of Rochester www.rochestersbc.com Rochester Hispanic Business Association • Jan. 20 - Lunch Series with Paulette Birch www.rochesterhba.com Transportation Council rochestertransportationcouncil.com The Women’s Council • Jan. 22 - ATHENA Award Luncheon www.grwc.com Through our affiliate groups, you can meet business people who share your interests and challenges.

Upcoming Affiliate Events

Meet RBA Board Member Ed PettinellaRBA board member and Home Properties CEO Ed Pettinella served as chairman of the executive search committee that recommended Bob Duffy for the job of RBA president and CEO. The Voice of Business newsletter talked with Pettinella about his overall RBA experience.

RBA: What’s your history with Rochester Business Alliance? Pettinella: M&T Bank Executive Vice President Brian Hickey recruited me to join the board in 2004 shortly after the Greater Rochester Chamber of Commerce and Industrial Management Council merged to form RBA. They wanted my experience to help sort out the new organization’s finances. Since then, I have also served as vice chairman and chairman of the board.

RBA: What sent Bob Duffy to the top of the executive search committee’s list of CEO candidates? Pettinella: We wanted someone extremely well-known, reputable, and trusted. Someone with a lot of gravitas. Bob’s combination of proven leadership, dedication to Rochester and outstanding ability to collaborate with diverse groups quickly moved him to the top of the list of candidates. A well-known and prominent Rochester native with experience navigating the challenging world of state politics is truly a winning combination. After the search process, we unanimously felt that Bob was the best candidate to lead RBA going forward.

RBA: As a board member, what’s your message to RBA members as we enter this new era under new leadership? Pettinella: Under Sandy Parker’s leadership, RBA functioned as a well-oiled machine. Sandy set the gold standard. I envision Bob coming in with the overall objectives of learning the organization, sustaining this well-oiled machine, and tackling new issues and challenges as they arise. The services we provide as a premier business organization are top-shelf. In comparison with similar organizations in the Northeast against which we have benchmarked, our offerings are much broader. We’re financially viable, Rochester is a strong

city, and we can continue to be the glue that offers member services and serves as the voice of business for our region.

RBA: What’s your longer-term vision for RBA? Pettinella: I’d like to see more collaboration between the vast business community and the city and county governments to enhance and unify what we’re attempting to do. With the size of Rochester smaller today than in previous years, it is imperative that we rally together and present one voice. We have the foundation with things like the very important RBA-convened Rochester Community Coalition; however, I believe we can be more collaborative and inclusive in representing Rochester.

RBA: What’s a fun fact about you that may surprise people? Pettinella: If this CEO thing doesn’t work out, my prime backup job is nightclub comedian. I’m fairly well-known on the boards that I serve for telling jokes and my classmates usually roll me out at school reunions. I’m a little bit of a ham for that stuff.

Meet RBA CEO

Bob Duffy

2015 dates

January 15January 28

February 12February 24March 19

To register, visit the events calendar at www.RochesterBusinessAlliance.com

7www.RochesterBusinessAlliance.com

Public Policy

By Chris Wiest Vice President of Public Policy and Advocacy

RBA Members Identify Top Issues for 2015

Unshackle Upstate Announces New Executive Director

To ensure that RBA members’

most important issues are addressed in the upcoming legislative session, we recently conducted a survey to identify their most pressing business concerns. More than 190 individuals from 170 organizations participated in the survey.

Nearly 60 percent of the respondents were employers with fewer than 100 employees. The most common industries represented included manufacturing, business service, and human service.

Participants were asked to rank 14 regulatory and policy issues on a scale of one (not very important) to five (highly important). The three highest ranked priorities mirrored last year’s results:

1. Health Care Costs: More than 60 percent of respondents ranked health care costs as a top issue of concern. In particular, a number of members referenced challenges with the Affordable Care Act. As explained by one respondent, “Health care is one of our highest expenses, and if it continues to rise (which it will under Obamacare), we will have to lay off workers or significantly change our health care offerings.” Another employer stated, “The Affordable Care Act has caused us to drop

health coverage after 28 years, and employee morale is low.”

Several years ago, the RBA Health Care Initiative was formed to promote ways to lower costs and improve access and quality in our region. Several of of the initiatives, including the High Blood Pressure Collaborative, the Eat Well, Live Well Challenge, and the Rochester RHIO, have achieved positive results, taking us one step closer to the goal of being the healthiest community in America. Collaboration between RBA and community partners will continue on this important issue. RBA also continues to aggressively oppose proposals to implement state and federal legislative mandates that increase insurance costs.

2. New York State Mandates Affecting Business: State mandates received the second highest ranking at 60 percent. According to one respondent, “In spite of ads, New York is still one of the worst states to start and conduct a business.” When compared to a comparable business in Virginia, one employer shared, “it costs us […] $1.6 million more to do business in New York state. That is money that we could be reinvesting in our business, our employees, and our community.”

The ‘poster child’ for unnecessary mandates had been the annual notification requirement of the Wage Theft Prevention Act. RBA and several other business groups aggressively lobbied for repeal of this provision. Employers received some positive news recently when the legislature and Governor Cuomo agreed

to remove the burdensome requirement from the act. See page 3 for more details.

3. Economic Development: At 49 percent, economic development ranked third in terms of priority issues for members. As one respondent summarized, “Growth in the local economy means growth for our customer base.” Small businesses and large corporations both view economic development as essential to their success.

At RBA, much of the work we do focuses on creating a vibrant upstate economy, one in which our residents and businesses will thrive. We will continue to convene the Rochester Community Coalition, participate in the Finger Lakes Regional Economic Development Council, which recently received a top award of $80.7 million, and advocate against legislation that makes it difficult to do business in our state.

Rounding out the top five priorities were taxes and workers’ compensation – two areas that continue to challenge employers and remain high on RBA and Unshackle Upstate’s advocacy agendas. To view a more detailed summary of the survey results, please click here.

For those members that participated in the survey process, we appreciate your feedback. For those unable to participate, please feel free to contact me at (585) 256-4626 with any additional ideas and input for the 2015 legislative session.

After an extensive two-month search, Unshackle Upstate announced that Greg

Biryla has been selected by the organization’s executive board to serve as executive director.

Biryla, who previously served as Unshackle Upstate’s director of development, will oversee the organization’s extensive advocacy efforts, grow its network of pro-business partners, and raise awareness about the challenges facing Upstate taxpayers and employers.

Biryla said, “I’m thrilled to have the opportunity to lead Unshackle Upstate and be a voice of advocacy and growth for Upstate New York. The organization’s leadership team represents the industries and communities that drive the Upstate economy today and those that will lead it into the future. I could not ask for better partners. I’ve spent my entire life living in diverse Upstate communities and I strongly believe that if we continue to work together to achieve substantive change in Albany – lower taxes, less regulation and responsible spending –

Upstate’s future is bright.”

Biryla is a native of Hamburg, New York. He holds a bachelor’s degree in journalism and mass communication from St. Bonaventure University. Prior to joining Unshackle Upstate, he served as communications director and press secretary for New York State Senator Patrick Gallivan.

8 January/February 2015

Human Resources

If you haven’t yet signed up for first quarter surveys but would like to, please contact Jennifer Suppé at (585) 256-4608 or Jennifer.Suppe@RBAlliance.com.

Survey Spotlight

Questionnaires Deadline Release Survey Sent Date Date (week of) (week of) (week of)

Are Your Labor Law Posters Up to Date?

Throughout the year, we hear stories from members on the HR Helpline

who received misleading emails from labor law poster vendors. These vendors try to convince employers they are not in compliance so they purchase ‘updated’ posters from them. Don’t be fooled by these emails! When in doubt, contact us on the HR Helpline for confirmation of the required state and federal posters. Corporate and Partner members have unlimited access to the HR Helpline and Business Builder members receive 4 calls/emails per year (one topic equals one call).

Whether you have each individual poster posted, or have an all-in-one poster, it’s important to stay current with your posters. Below are the links to the state and federal poster sites where you can view and print updated posters any time you need them for free. The federal site also notes the revision date to help you stay in compliance.

NY Department of Labor poster site: www.labor.state.ny.us/ workerprotection/laborstandards/employer/posters.shtm

US Department of Labor poster site: www.dol.gov/compliance/topics/posters.htm

The US DOL also has a poster advisor to help employers determine which posters it must display: www.dol.gov/elaws/posters.htm

This US DOL website explains each poster in more detail: www.dol.gov/oasam/programs/osdbu/sbrefa/poster/matrix.htm

Also keep in mind the following:• Posters must generally be posted in a

conspicuous location, such as on the wall in a break room.

• Employers with multiple locations must display required posters in each location.

• For those employers who employ minors - the employer must make a schedule for all minors and post it in a conspicuous place. The schedule sets forth the hours minors start and end work and time allotted for meals.

• Employers who voluntarily use E-Verify, and federal contractors that are required to use E-Verify, must post the

E-Verify Participation Poster and the Right to Work Poster: www.uscis.gov/e-verify/publications/participation-posters/e-verify-participation-posters

• After the end of the year, covered employers must post the OSHA 300A summary form from February 1 to April 30. Here is a link to the recordkeeping page and forms: https://www.osha.gov/recordkeeping/RKforms.html

• NYS Nursing Mothers’ Rights and NYS Blood Donation Guidelines are not required posters, however the employer may post them to meet the “notice” requirement.

• NYS Voting Leave poster – the Election Law requires employers to post a notice setting forth these provisions, from the 10th working day before every election until the close of the polls on election day. It may be posted year round if the employer chooses.

Please note NYS employers must also post their vendor-issued Workers’ Comp and Disability Notice of Compliance certificates as well as their Unemployment Notice to Employees (IA 133). The generic ones on the laminated all-in-one posters are merely placeholders and are not considered compliant, but there is usually space to affix yours over the template. Your version will show information such as the company’s

name, address, and policy number, and the Unemployment Notice will have your employer registration number and mailing address, etc.

Other posters that have changed in the past several years include: NYS Minimum Wage (12/31/14 and then also on 12/31/15), FMLA (2013), NYS Division of Human Rights (2009), NYS Corrections Law poster (2009), federal minimum wage (2009), USERRA (2008), and the EEO poster (2008). Companies that are federal contractors have additional posting requirements which are noted on the federal poster site.

For those who would prefer a laminated all-in-one state and/or federal poster, we offer members discounted labor law and other posters through an agreement with GovDocs. RBA members get a 10% discount on anything they purchase on their site and they also run other deals like free shipping. Here is the site to order from (or check out prices): www.laborlawposter.com/. You must enter promotion code GN-RBA to your shopping cart to apply the 10% discount.

RBA members can contact the HR Helpline staff for assistance: Kathy Richmond, director, HR Services at (585) 256-4618 or Jennifer Suppé, HR Services specialist, MSHRD, PHR at (585) 256-4608.

9www.RochesterBusinessAlliance.com

Legal Briefing

By Sharon P. Stiller Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP

“Lions, and Tigers, and Wage Related Lawsuits, Oh My!”

As a management employment lawyer,

I say to my clients, “Let me be the repository of my other clients’ bad experiences, so that you don’t have to go through them yourselves.” Warnings help, so here are some areas to beware of before you travel the same path, each of which is the basis of a lawsuit I have recently defended.

Why the warnings? First, law firms are making a business out of suing companies for wage related reasons, even to the extent of soliciting class action participants to sign up on their websites. Second, wage-related laws are becoming more complicated and more harshly enforced.

Businesses can be sued for wage related violations under federal or state law, or both. Plaintiff ’s lawyers generally sue under both, to increase the period for which damages can be collected to six years under New York state law. While damages for a single employee are often negligible, collective and class actions raise the specter of huge damage awards. Take a class/collective action alleging improper payment to a whole class, multiply the potential damages by the number of employees in the class, 52 weeks per year and by six years, and the results are staggering. Add to this the prospect of liquidated damages (sometimes double damages) and attorney’s fees to a prevailing plaintiff, and no wonder employers rush to settle when the ink is barely dry on the complaint. The best defense is to be proactive and identify issues early, so that they can be corrected before litigation arises.

Rule #1: Correctly classify employees.

Two issues that have mushroomed in the past several years involve classification of workers. Lawsuits target improper classification of workers as contractors. One business, for example, hired messengers to pick up checks

at closings. The New York State Labor Department found that the messengers were employees based on the degree of control that the business exercised. One cannot simply anoint a worker as a contractor; if there is control over the means or the result, the worker will be deemed to be an employee. And if the worker is deemed to be an employee, the business may have to make up minimum wage and overtime payments, as well as face unemployment, workers’ compensation, and IRS penalties.

The second misclassification issue involves incorrectly classifying a worker as exempt. The issue is not whether the employee is salaried. Instead, the appropriate classification (generally as administrative, executive, or professional) depends on a three-pronged test examining the employee’s duties, how much the employee is paid, and whether the employee is paid on a salaried basis. All aspects must be present for the employee to properly be classified as exempt.

Rule #2: Determine working time and pay for it.

If a business suffers or permits an employee to work, then the employee must be paid for all time worked. One significant issue is whether preliminary and postwork activities constitute work time. On December 9, 2014, for example, the U.S. Supreme Court ruled that time undergoing post work security procedures is not work time. Businesses should assess their practices to make sure that all work time is paid.

New York employers must be able to prove that employees were given at least a half hour for lunch. Time record programs that automatically deduct for the lunch break have been disapproved. As one client is quickly realizing, incorrectly docking employees’ time for lunch without establishing that the employees actually took a lunch break, additionally creates potential overtime issues, since crediting incorrectly docked lunch breaks extends the hours the employee worked each week.

Rule #3: Pay attention to New York’s spread of hours and split shift rules.

New York has other rules that result in wage-related lawsuits. Two of the most common are spread of hours and split shifts. New York requires that employees be paid for an extra hour at minimum wage each time that they work a shift that is longer than 10 hours or when they work a shift that is broken, or split during the day. Employers should tag all employees working more than 10 hours in a day or with split shifts, to make sure that the extra payment is made.

These are just a few of the lessons my clients are learning the hard way, from lawsuits. Some of this litigation could have been avoided with proactive analysis and periodic audits. This holiday season, my clients and I give you the gift of learning from their lessons, to help avoid wage related lawsuits.

Sharon Stiller is the author of Vol. 13A of the New York Practice Series, “Employment Law in New York”, and directs the Employment Law practice at Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, a full practice law firm with offices in Rochester, Lake Success, and Manhattan.

When it comes to hiring the right person, take a step

in the right direction with RBA StaffingCriminal Records CheckSex Offender Registries

Social Security Number CheckDMV Check

Current/Past Employment VerificationReferences Check

Academic VerificationAnd more!

Let RBA Staffing help you make better decisions to hire better employees.

(585) 256-4647

www.RBAstaffing.com

10 January/February 2015

Health, Safety, and Environment Update: In the Workplace

By Chip Dawson

“What a Pain!” - Preventing MSDs

Musculoskeletal disorders—

commonly referred to as MSDs—are one of the most common sources of pain for employees and frustration for employers. Bureau of Labor Statistics data for 2011 show that MSDs accounted for 33% of all worker injury and illness cases—a total of 387,820 events. Rates are highest in health care, transportation, warehousing, retail and wholesale trade, and construction; but few business sectors are off the hook.

The OSHA recommended solution for MSD cases centers on ergonomics in the process of fitting the job to the person. Successfully done, the agency suggests, ergonomics will help lessen muscle fatigue,

increase productivity, and reduce the number and severity of work-related MSDs. You can find much more on the topic on the OSHA Ergonomics page.

However, for a look at what the latest research says about preventing upper extremity MSDs, we need to travel to Toronto and check in with the folks at the Institute for Work and Health. The Institute—IWH—does a consistently outstanding job of conducting research and compiling it from other sources.

As with OSHA and the occupational safety and health community, sound ergonomic practices that modify the job to fit the individual lead the IWH findings. If you haven’t used engineering solutions to eliminate the known risks in a job, little else will matter. It’s also necessary that occupational health practitioners and safety professionals be involved in assessing any of the MSD risk factors and do so with the help and buy-in of

the involved employees.

But, once the job or work station has been correctly designed and adjusted, the IWH research review has found that one of most effective MSD prevention techniques in the safety and health practitioners’ tool box is workplace-based resistance training. That’s right! Get out the dumbells, rubber exercise tubing, TRX straps, and body weight to have muscles contract against external resistance. While all the research in this area made resistance training a recommended work practice, the length and duration of the exercise varied from 20 minutes to one hour per day for between one and five days.

The research also gave moderate support to stretching programs such as yoga. What did not find research support was job stress management training, EMG biofeedback, and workstation adjustments alone with minimal worker involvement.

New OSHA Regulations for 2015Nearly two dozen RBA members attended an OSHA update December 12 that briefly skimmed the upcoming safety regulation changes. Our health and safety expert Chip Dawson gave an overview on the following topics:

Severe Injury Reporting As of Jan. 1, all employers must report all work-related fatalities within eight hours. Additionally, all work-related inpatient hospitalizations, all amputations, and all losses of an eye must be reported within 24 hours to OSHA through the hotline (1-800-321-OSHA) or online at www.osha.gov/report_online. OSHA will not be inspecting all reports, but will follow up in some way.

Recordkeeping Rules A new list went into effect Jan. 1 based on data from 2007-2009 and NAICS Code; visit www.osha.gov/recordkeeping2014 for the complete list. Establishments with 10 or fewer employees continue to be exempt.

Labeling Requirements The Globally Harmonized System uses

a signal word, a pictogram, and a hazard statement for chemical safety. Chemical names and risks associated must be included at minimum. To ease the implementation, companies no longer have to source hazard labels from outside vendors.

Safety Data Sheets These documents now require a uniform 16-section format and must be readily accessible on every work shift, which includes accessible electronic copies.

Infectious Disease Rulemaking Nearly 11 million health care workers in the U.S. are facing high risk of infectious diseases, and the rulemaking process is underway. For more information, visit www.osha.gov/dsg/id/index.html.

Construction Safety OSHA’s fall initiative focuses on “plan, provide, train”.

Workplace Violence OSHA expects to do risk assessment, establish a zero-tolerance policy, implement

a workplace violence prevention plan, and put engineering and administrative controls in place.

11(c) Discrimination Against Employees Reporting an injury is a protected practice, and employers cannot discipline a worker for an injury, no matter what the surrounding circumstances are.

Temporary Workers Host employers must provide job training to temporary workers. OSHA now maintains there must be a contract with the rules spelled out. See OSHA publication 3735 for more information.

Incentive Programs OSHA maintains that the focus of these programs be based on positive safety practices, not injury avoidance.

RBA offers OSHA Recordkeeping and Chemical Hazard Communication with GHS courses as well as a Safety Solutions Guide for purchase.

11www.RochesterBusinessAlliance.com

Staffing and TrainingThe Hiring Dilemma

January 16 - Distracted Driving - An Issue Business Can’t Ignore

February 6 - Annual Employment Law Update

February 20 - Filling the Gap Between Your Vision and Engaged Workers

Time: 8-9 a.m. Location: Rochester Business Alliance 150 State St., Rochester, NY 14614

Open to: Members only (no cost) To register, email Michele Hefferon at Michele.Hefferon@RBAlliance.com

Logical Operations Acquires Accent Training

Friday Business Briefings

By Burt Parks, RBA Staffing Manager Rochester Business Alliance members

now have access to more computer and software training programs with Logical Operations’ acquisition of Accent Training. RBA programs previously held at Accent Training have become part of Logical Operations’ New Horizons affiliate in Winton Place.

RBA Vice President of Operations Barb Cutrona said, “This move benefits our members by expanding the variety of training offerings, especially in the technical area, that can enhance anyone’s knowledge. New Horizons also offers a state-of-the-art facility that is absolutely beautiful and easy to get to. Our members will appreciate the professionalism of the staff. We’re very pleased about this new partnership.”

Along with software training formerly offered at Accent including the Microsoft Office suite, New Horizons also provides

courses in Google Adwords, iPad for Business Use, Sharepoint Foundation, Visio Professional, and more. See the full computer and software training schedule at www.RochesterBusinessAlliance.com

Logical Operations CEO Bill Rosenthal said, “We are thrilled to join forces with Accent Training, a well-known training provider in the Rochester area. Accent exemplifies our unwavering commitment to driving innovation in the classroom. The addition of Accent Training further enhances our leadership

position for technology training in the Rochester area and our commitment to upstate New York.”

Logical Operations has a 30 year history of helping organizations and individuals maximize training with an adaptable expert-facilitated/instructor-led learning experience. Headquartered in Rochester, Logical Operations also has offices in Canada, the United Kingdom, Singapore, and China.

If you look up “How to Interview

Prospective Employees” on the Internet, you will see an endless list of suggestions. There is behavior interviewing, the chemistry test, metaphysical interviewing, and the list goes on. Now add a whole group of predicator tests. These include personality tests, work predictor tests, and so forth. It seems people are looking for a quick way to determine if somebody is a good candidate and will be a great employee. Anyone who has interviewed people knows there is no quick, simple way to interview and make a decision.

The character Rick on the popular TV show “The Walking Dead” asks three questions to everybody that is being considered to enter his group to save the world. How the questions are answered determine whether they live or die. Unfortunately it is not that simple for those of us who interview job candidates. But can it be? The answer is yes.

We need to go back to a simple way of hiring and interviewing. Step one: have a clear understanding of the position and its responsibilities. How can you hire a person for a position if you don’t truly know what the expectations of the job are? Step two: define the skills required. Have a clear idea of the knowledge and abilities needed to perform the job duties. Step three: check references. Find out exactly who you are hiring. Finally, go on what “your gut says”.

Testing should be based on skill assessment. Measurable results give insight into how the candidate’s skill level compares to required skills. Sometimes taking a chance is the best predictor.

To make it simpler, contact RBA Staffing and we will select the best candidates for you and your decision will be quick and easy.

6 Successful Supervision 13 OSHA Recordkeeping 14 Marketing and Advertising Roundtable 14 Getting Organized: The GO System 14 Chemical Hazard Communication with GHS 15 Assessing Your Competition 20 Marketing to Find and Keep New Customers

SeminarsJanuary

RBA Holiday Jam

December 11

21 How to Craft Powerful Marketing Messages 21 Drive Strategy Execution Through Effective Goal Setting 27 Emotional Intelligence 27 Quick-Start Marketing Plan Clinic 28 Employment Law Basics

3 Creating a Culture of Positive Accountability 4 Coaching and Counseling Employees 6 Leadership for Managers 10 Small Business Advertising Essentials 11 Writing Emails

February23 Escape Your Email Overload Workshop 24 Create a Killer New Hire Orientation Program 25 Employment Law for Supervisors 25 Customer Service

Software Training

5 MS Office Excel 2010 Part 1 6 MS Office Excel 2010 Part 2 7 MS Office Excel 2010 Part 3 8 Google AdWords Part 2 12 MS Office Word 2010 Part 1 13 MS Office Word 2010 Part 2 14 MS Office Word 2010 Part 3 15 MS Office Access 2013 Part 2 20 MS Office Outlook 2010 Part 1 21 MS Office Outlook 2010 Part 2 21 MS Sharepoint Foundation 2013: Site User 22 MS Sharepoint Foundation 2013: Site

Owner 22 MS Office Excel 2013 Part 1 23 MS Office Excel 2010 Part 1 26 Security Awareness Concepts and Practices 26 MS Office PowerPoint 2010 Part 1 27 MS Office PowerPoint 2010 Part 2 28 MS Sharepoint Foundation 2013: Site Administrator 29 MS Visio Professional 2010 Level 1 30 MS Using Windows 8.1 30 Google AdWords Part 3 30 MS Office Excel 2010 Part 2

January

February4 MS Office Excel 2013 Part 1 5 MS Office Excel 2013 Part 2 6 MS Office Excel 2013 Part 3 9 MS Office PowerPoint 2013 Part 1 10 MS Office PowerPoint 2013 Part 2 12 MS Windows 8 and Office 2013: Making the Transition 13 MS Office Excel 2010 Part 1 16 MS Office Excel 2010 Part 2 16 Office 2013 Transition from 2007/2010 18 MS Office Word 2013 Part 1 18 MS Windows 7 Level 1

19 MS Windows 7 Level 2 19 MS Office Word 2013 Part 2 20 Salesforce.com for Sales Representatives 20 Apple iPad for Business Use 20 MS Office Word 2013 Part 3 23 MS Office Outlook 2013 Part 1 24 MS Office Outlook 2013 Part 2 26 Excel 2010 Charts and Graphs 26 Excel 2010 mastering Pivot Tables 26 MS Sharepoint Foundation 2010 Level 1

Register at www.RochesterBusinessAlliance.com Seminars are held at Rochester Business Alliance, 150 State St.

Register at www.RochesterBusinessAlliance.com Software courses are held off-site. Check location when registering.

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