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DiNapoli appoints Hasso deputy comptroller
New York State Comptroller Thomas P. DiNapoli announced on Oct. 8 that he has promoted David Hasso to deputy comptroller for payroll, accounting, and revenue services. As deputy comptroller, Hasso will oversee the bureaus of state accounting operations, financial reporting & oil spill remediation, and state payroll services, as well as the Office of Unclaimed […]
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New York State Comptroller Thomas P. DiNapoli announced on Oct. 8 that he has promoted David Hasso to deputy comptroller for payroll, accounting, and revenue services.
As deputy comptroller, Hasso will oversee the bureaus of state accounting operations, financial reporting & oil spill remediation, and state payroll services, as well as the Office of Unclaimed Funds. During his 42 years at the comptroller’s office, he has served in multiple positions, including most recently as an assistant comptroller.
Hasso has led and served on multiple accounting and auditing boards. He is a member of the American Institute of Certified Public Accountants (CPA) and the New York State, Louisiana, Connecticut, South Carolina, and Mississippi CPA Societies. He is also a member of the Association of Government Accountants, Government Finance Officers Association (GFOA), and the GFOA Special Review Committee.
Hasso received a bachelor’s degree in business administration in accounting from Siena College, an advanced undergraduate diploma in English history from Oxford University, and an MBA from Imperial College (University of London).

Gillibrand pushes for Build Local, Hire Local bill
SYRACUSE — U.S. Senator Kirsten Gillibrand (D–N.Y.) has proposed the Build Local, Hire Local bill and made a recent stop in Syracuse to promote it. If it became law, the legislation would create new requirements for hiring workers to ensure that local residents are the first to benefit from new infrastructure projects in their community,
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SYRACUSE — U.S. Senator Kirsten Gillibrand (D–N.Y.) has proposed the Build Local, Hire Local bill and made a recent stop in Syracuse to promote it.
If it became law, the legislation would create new requirements for hiring workers to ensure that local residents are the first to benefit from new infrastructure projects in their community, the senator says. The bill would also require that federal projects incorporate the community’s input and give contracting opportunities to small businesses and minority-, women-, and veteran-owned businesses, among other “disadvantaged entrepreneurs.”
Gillibrand contends the bill would make “bold reforms” to federal infrastructure investments, “helping to correct decades of failed federal policies that have isolated communities of color.”
The proposal would also invest in infrastructure projects like the community grid alternative to replace Interstate 81.
Gillibrand discussed the proposal during an Oct. 9 visit to JHP Industrial Supply Company in Syracuse, standing with community leaders, business owners, and advocates as she made her announcement. Gillibrand and U.S. Representative Karen Bass of California (D–Los Angeles) introduced the bill in July. The bill is in the first step of the legislative process, according to Congress.gov.
“Infrastructure across New York is crumbling, and we must do something about it. But when we do, it is vital that we do it thoughtfully and purposefully — in a way that rebuilds the communities that have been left behind by failed federal policies, and in a way that connects more Americans to economic opportunity,” Gillibrand said in a release. “My bill, the Build Local, Hire Local Act, would help to do just that. It was inspired by the legacy of [Interstate-81] in Syracuse. The highway cut off whole neighborhoods from the broader community and from economic opportunity. My bill would make sure that when we invest in our infrastructure, we help undo injustices caused by decades of disinvestment and exclusionary federal policies. I urge my colleagues to pass the Build Local, Hire Local [bill].”
Gillibrand’s approach was endorsed by the leader of the business she visited in the Salt City.
“I think Build Local, Hire Local would be fantastic for the Syracuse area. The bill would give businesses here the opportunity to use their workforce, instead of having other contractors bring in a workforce from other areas. It would give workers in this underdeveloped city the opportunity to be involved in projects in their own community,” Emanuel Henderson, III, president of JHP Industrial Supply Company, said in the Gillibrand release. JHP is a wholesale distributor for the plumbing, heating, and industrial industry.
Proposal details
Specifically, the proposed Build Local, Hire Local bill would seek to create local construction jobs for people “who need them most through targeted hiring practices” that use registered apprenticeships and coordinate with state and local workforce-development boards.
It would also rebuild infrastructure with “new opportunities” for small and disadvantaged businesses, per Gillibrand’s release.
The legislation would also encourage the use of “best-value” contracting, registered apprenticeships, and neutrality in union organizing to ensure projects “place a premium not just on the bottom line” but also on the quality of jobs, safety, equity, climate resiliency, and environmental justice, Gillibrand contends.
In addition, the legislation would “dedicate” investment to struggling areas and connect communities to greater opportunity through new performance measures and data on accessibility to transportation and a new $25 billion connect communities grant program to redevelop “marginalized” communities.
The Build Local, Hire Local bill would also provide “pathways to careers” in construction, specialty trades, and other infrastructure jobs through a new $5 billion “Building American Infrastructure and Careers Program” to support training partnerships led by unions, community organizations, and education and training providers.
Gillibrand contends the legislation would also improve labor standards and working conditions and strengthen worker power by using Davis-Bacon and Service Contract Act wage protections; exposing bad actors in contract bids; requiring the use of workforce-diversity programs; creating transparency in pay, employment status, and wage rates; ending forced arbitration; and ensuring that funds are not used for “union-busting.”
It would also “protect and expand” domestic manufacturing by establishing a new Buy America Bureau that would help build American supply chains and bring transparency and coordination to the Buy America waiver process; and by encouraging the use of U.S. employment plans that prioritize existing and new American manufacturing and service jobs when building the nation’s infrastructure.
Proposed Rule Would Preclude Students from Union Organizing
On Sept. 23, 2019, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking that addresses the long-standing issue of whether undergraduate and graduate students who perform services for compensation (including teaching or research) at private colleges and universities can form a union under the National Labor Relations Act (NLRA). Under the proposed
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On Sept. 23, 2019, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking that addresses the long-standing issue of whether undergraduate and graduate students who perform services for compensation (including teaching or research) at private colleges and universities can form a union under the National Labor Relations Act (NLRA).
Under the proposed rule, student workers would not be able to organize based on the NLRB’s position that such individuals do not meet the definition of “employee” under Section 2(3) of the NLRA because their relationships with their colleges and universities are predominantly educational, not economic.
The definition of “employee” under Section 2(3) does not expressly include or exclude student workers. As a result, the NLRB has been responsible for interpreting this definition as it relates to including student workers. As discussed in the proposed rule, the Board has changed course on this issue several times.
In 1972, the NLRB held that graduate-student assistants at Adelphi University were “primarily students” and that they should be excluded from a bargaining unit of regular faculty. Two years later, the Board similarly held that graduate-student research assistants at Leland Stanford Junior University were not employees within the meaning of Section 2(3) because — as with the students at Adelphi University — they were primarily students.
The NLRB’s rulings in Adelphi University (195 NLRB 639) and Leland Stanford (214 NLRB 621), remained intact until 2000 when the Board made the New York University (NYU) ruling (332 NLRB 1205), holding that certain university graduate-student assistants were statutory employees under Section 2(3), because those students were performing services at the direction of the university and were compensated for such services.
Only four years later, the NLRB overruled its decision in NYU and held that graduate-student teaching assistants, research assistants, and proctors at Brown University were not statutory employees because they were primarily students that “have a predominantly academic, rather than economic, relationship with their school.” In that decision, the Board further noted that allowing collective bargaining between private universities and graduate-student assistants would have a detrimental impact on educational decisions.
Then in 2016, the NLRB issued the Columbia University ruling (364 NLRB No. 90) and overruled the Brown University decision. The Board not only reversed its prior decision by reinstating its position in the NYU decision, but also expanded its interpretation of Section 2(3) to cover both externally-funded graduate research assistants and undergraduate university student assistants. In reaching this conclusion, the NLRB held that an employment relationship can exist between a private college or university and its employee, even if the employee is also a student. The Board rejected its prior reasoning in Brown University that allowing collective bargaining would have a negative impact on the educational environment, stating that no empirical support existed for that proposition.
Under the current proposed rule, it will become a matter of regulation that students who perform services at a private college or university that are related to their studies will be considered primarily students with an educational, not economic, relationship with the institution, excluding them from coverage under Section 2(3). In stating this position, the Notice of Proposed Rulemaking notes, “students who assist faculty members with teaching or research generally do so because those activities are vital to their education …” and the teaching or research “is often a prerequisite to obtaining the student’s degree.” The proposed rule also references the limited amount of time that students perform these additional duties because students are primarily devoted to their coursework and studies, and that the remuneration paid to students for these services is more akin to financial aid than consideration for work. Finally, the proposed rule notes that the goal of faculty in advancing students’ education is much different than the relationship between employers and employees in collective bargaining, and that the Board’s long-standing position that it will not exercise jurisdiction over relationships that are primarily educational “advances the important policy of protecting traditional academic freedoms.”
Needless to say, this has been an area of inconsistency for the Board. As stated by NLRB Chairman John Ring, the reason behind seeking this change through the rulemaking process is to bring a certain measure of stability to this controversial issue. One member of the NLRB, who had supported the Columbia decision in 2016, issued an extensive dissent, opposing the proposed rule as lacking any empirical basis. The proposed rule, however, is subject to change following the 60-day public comment period, which began on Sept. 23. Individuals who would like to submit a comment either in favor or against this rule may do so electronically at www.regulations.gov.
This proposed rule has the potential to impact private colleges and universities where student workers are currently subject to a collective-bargaining agreement, are currently engaged in negotiating a first agreement, or are actively seeking to organize.
Robert F. Manfredo is a member (partner) in the Albany office of Syracuse–based law firm, Bond, Schoeneck & King PLLC. Contact him at rmanfredo@bsk.com. This viewpoint article is drawn from the firm’s New York Labor and Employment Law Report.

Moses to receive OCBA Distinguished Lawyer award
SYRACUSE — Edward J. Moses, a partner at Mackenzie Hughes LLP, has been named the 2019 Distinguished Lawyer award recipient by the Onondaga County Bar Association (OCBA). Moses will receive the award at OCBA’s 144th annual dinner on Oct. 23 at the Syracuse Marriott Downtown. The Distinguished Lawyer award recognizes “a superior commitment to excellence
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SYRACUSE — Edward J. Moses, a partner at Mackenzie Hughes LLP, has been named the 2019 Distinguished Lawyer award recipient by the Onondaga County Bar Association (OCBA).
Moses will receive the award at OCBA’s 144th annual dinner on Oct. 23 at the Syracuse Marriott Downtown.
The Distinguished Lawyer award recognizes “a superior commitment to excellence in the legal profession,” according to a news release from Mackenzie Hughes. Moses, who was also recognized by the OCBA last year for his 50 years of legal service, is a corporate law attorney whose practice concentrates on mergers, acquisitions, divestitures, business formations and succession planning.
Moses currently serves on the legal committee and as an honorary trustee on the board of trustees at the Christian Brothers Academy, a member of the board of directors of the Georgetown Club of Central New York and its University Regional Alumni Interview Committee, and as a member of the Catholic Charities – House of Providence Annual Dinner Committee, per the release.
Moses was admitted to the New York State Bar in 1968, the U.S. Supreme Court in 1974, the U.S. Court of Appeals, Second Circuit in 1976, and the U.S. District Court for the Northern District of New York in 2005.
A graduate of Syracuse University’s College of Law in 1968, Moses attended Georgetown for his undergraduate degree. Moses also served in the U.S. Coast Guard, where he specialized in port security.
State Proposes Burdensome Rule for Restaurants, Third-Party Delivery Services
Technology has opened new ways for people to order food from restaurants. Apps like UberEats, DoorDash, GrubHub, and Seamless are a few of the many that act as the middle man between the restaurant and consumers looking for food delivery. Their growth has been amazing. For example, in 2018, GrubHub reported that it connected 95,000
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Technology has opened new ways for people to order food from restaurants. Apps like UberEats, DoorDash, GrubHub, and Seamless are a few of the many that act as the middle man between the restaurant and consumers looking for food delivery. Their growth has been amazing. For example, in 2018, GrubHub reported that it connected 95,000 takeout restaurants to its app service in more than 1,700 U.S. cities and London alone.
These tech companies typically enter into an agreement with each restaurant they serve. They earn revenue by taking a commission on orders after a hired driver delivers the food. In addition, some charge a delivery fee that the customer pays on top of the cost of the food. In some cases, restaurants use the app services in place of hiring a delivery person, which can be a benefit for small businesses that sometimes struggle to fill these positions. While the app services are mostly available in cities, they are making inroads in smaller communities and are helping restaurants expand their customer base.
While the growth of this technology has been beneficial for both restaurants and consumers, as is too often the case, the state is inserting itself into the relationship. For reasons that are unclear, this summer, the State Liquor Authority introduced a draft rule that would require any delivery service that does not charge a flat fee on delivery or that charges more than a 10 percent commission to be listed on the restaurant’s liquor license as a partner. As anyone who has ever attempted to obtain a liquor license knows, the process is cumbersome and expensive, and in the end, the proposed change opens up more liability concerns for both the third-party delivery service and the restaurant. Because of the onerous requirement to be added to the liquor license and increased liability concerns, it is unlikely that either kind of business would undertake the process.
Both restaurants and delivery services have petitioned the State Liquor Authority to reconsider their proposed rules. Restaurants in New York state already struggle under the weight of regulation and all businesses are still adjusting to the increased state-mandated minimum wage. With government requiring the liquor license include the third-party delivery companies, we would force restaurants to choose between a liquor license and a delivery service. By so doing, we run the risk of destroying the expansion of the use of these apps and stifling innovation.
William (Will) A. Barclay is the Republican representative of the 120th New York Assembly District, which encompasses most of Oswego County, including the cities of Oswego and Fulton, as well as the town of Lysander in Onondaga County and town of Ellisburg in Jefferson County. Contact him at barclaw@assembly.state.ny.us or (315) 598-5185.
We Should Continue to Be a Nation of Immigrants
I was talking with a friend the other day about immigration. It’s one of the most divisive issues of our time, and we, too, found ourselves divided. “Our country is full,” he quoted President Trump, who said this back in April. “Let’s improve the country with the people we already have,” my friend added. I had
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I was talking with a friend the other day about immigration. It’s one of the most divisive issues of our time, and we, too, found ourselves divided. “Our country is full,” he quoted President Trump, who said this back in April. “Let’s improve the country with the people we already have,” my friend added.
I had a quote, too, and it’s one I still believe in. You’ll find it on the Statue of Liberty. “From her beacon-hand/Glows world-wide welcome,” it reads. And then, of course, “Give me your tired, your poor, your huddled masses yearning to breathe free.”
I welcome new immigrants and want this country to set aside the nationalistic appeals and racial prejudice that often accompany calls for restrictions. And I believe firmly that immigration makes us stronger as a nation and represents the best of what we stand for. This country is a defender of individual rights, a beacon of tolerance and equality, and a champion of the notion that offering opportunity to all who live here — regardless of national origin — yields the innovation and hard work that drive our economy and culture.
I could take up the rest of this commentary just listing the immigrants who have enriched the United States, from Levi Strauss, Irving Berlin, and Albert Einstein to Liz Claiborne, Gloria Estafan, Yo-Yo Ma, and Patrick Ewing. But it’s not just names you’d recognize. I have a clear memory from my time in Washington, D.C., of watching people who’d immigrated literally build the city: its stormwater system, its metro lines, the refurbished Union Station. The same is true in any big city you care to visit in this country — and in our fields and orchards, our hotels and hospitals, our factories, our schools, our startups, our military forces, our movie studios… You get the idea.
Now, I agree that we can’t let everyone into the U.S. who wants to come. We simply don’t have the resources. But that’s a far cry from saying that we’re full, or that we’re facing an immigrant “invasion,” or that large numbers of immigrants are “stealing” jobs from Americans. I believe there’s very little evidence to support any of those claims.
Instead, I’d argue that immigration is an opportunity for the country. One of the first votes I cast in Congress was for the Immigration and Nationality Act of 1965, which prohibited discrimination against immigrants on the basis of their nationality. Instead, it gave preference to professionals, people with skills the country needed, and relatives of U.S. citizens and legal permanent residents.
That same principle is valid today. We have to use immigration to meet our needs, especially in the labor market. Every month for the last year and a half, the U.S. economy has had more job openings than people looking for work. And in a twist from what you’d expect, it’s not the higher-end jobs that face the most acute shortages. It’s health-care, hotel, and restaurant workers who are in the highest demand. In an array of categories, from retail to food processing to landscaping, we don’t have the low-skilled laborers we need. The need for scientists, researchers, computer programmers and other knowledge workers hasn’t abated, either. And nor has the need for workers with skills that won’t soon be replaced by automation.
There was a time when both political parties in this country largely supported immigration. Not unanimously, of course, but they favored immigration in the national interest. I don’t know if those days are over for good; I hope not. Because there is simply no question that this country has been made stronger by its immigrants, and there is no reason to think that will change.
So while I’m not arguing that we should throw open our doors to all comers, we should lean toward openness, recognizing that we have limits and constraints that demand building immigration policy around a principle. And what should that be? That immigration is a powerful tool for meeting our needs, strengthening our labor markets, bolstering our pool of talent, and remaining a beacon to those everywhere who believe that their own hard work, creativity, and entrepreneurial spirit can build their own lives and contribute to the communities around them.
Lee Hamilton is a senior advisor for the Indiana University (IU) Center on Representative Government, distinguished scholar at IU Hamilton Lugar School of Global and International Studies, and professor of practice at the IU O’Neill School of Public and Environmental Affairs. Hamilton, a Democrat, was a member of the U.S. House of Representatives for 34 years, representing a district in south central Indiana.

JOHN DOMANSKI was appointed to manage Popli Design Group’s electrical team in Syracuse. He comes to Popli Design with 33 years of experience in electrical system design and project management for a wide variety of industries. Domanski received his bachelor’s degree from Syracuse University.
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JOHN DOMANSKI was appointed to manage Popli Design Group’s electrical team in Syracuse. He comes to Popli Design with 33 years of experience in electrical system design and project management for a wide variety of industries. Domanski received his bachelor’s degree from Syracuse University.

Delta Engineers, Architects, & Land Surveyors, DPC
TYLER J. KOST has joined Delta Engineers, Architects, & Land Surveyors, DPC in its Endwell office as an assistant engineer in the firm’s facilities group. He recently graduated from Clarkson University with a bachelor’s degree in mechanical engineering and also holds a bachelor’s degree in mathematics from St. Lawrence University. KURT J. HAKOLA has joined
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TYLER J. KOST has joined Delta Engineers, Architects, & Land Surveyors, DPC in its Endwell office as an assistant engineer in the firm’s facilities group. He recently graduated from Clarkson University with a bachelor’s degree in mechanical engineering and also holds a bachelor’s degree in mathematics from St. Lawrence University.
KURT J. HAKOLA has joined the firm’s Endwell office as an engineer in the facilities group. He earned a bachelor’s degree in civil engineering technology at the Rochester Institute of Technology in 2013 and brings prior industry experience working as project engineer and project manager.
CHRISTOPHER S. THOMAS has rejoined Delta’s Endwell office as a project manager in the facilities group. He brings more than 20 years of industry design and management experience working on variety of structures for public and private clients.
BIANCA N. LITTLE has joined Delta Precast in Vernon as an engineer. She recently graduated from Syracuse University with a master’s degree in civil engineering, and also holds a bachelor’s degree in civil engineering from SUNY Polytechnic Institute. Little has one year of industry experience.

GENNIFER HENDERSON has been named manager of compensation and benefits at Mohawk Valley Health System (MVHS). She will collaborate with the health system’s total rewards team on existing programs as well as support new initiatives around designing and implementing pay and benefits for the new medical center. Henderson was previously manager of benefits and compensation
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GENNIFER HENDERSON has been named manager of compensation and benefits at Mohawk Valley Health System (MVHS). She will collaborate with the health system’s total rewards team on existing programs as well as support new initiatives around designing and implementing pay and benefits for the new medical center. Henderson was previously manager of benefits and compensation and human resource information systems at PAR Technology Corp. in New Hartford for nearly 25 years. She attended Mohawk Valley Community College in Utica and has received training in Affordable Care Act reporting, virtual compensation essentials, emotional intelligence, and emergent leader training.

GHASSAN KOUSSA, M.D., has been named medical director for the intensive care unit at the St. Luke’s campus of MVHS. Koussa works with the MVHS Pulmonary and Critical Care Group and has privileges at Faxton St. Luke’s Healthcare and St. Elizabeth Medical Center. He also serves as medical director of pulmonary rehabilitation at the Faxton
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GHASSAN KOUSSA, M.D., has been named medical director for the intensive care unit at the St. Luke’s campus of MVHS. Koussa works with the MVHS Pulmonary and Critical Care Group and has privileges at Faxton St. Luke’s Healthcare and St. Elizabeth Medical Center. He also serves as medical director of pulmonary rehabilitation at the Faxton campus and medical director of the respiratory care program through Mohawk Valley Community College. Koussa was previously affiliated with Frisbie Memorial Hospital in Rochester, New Hampshire, as a staff physician in pulmonary and critical care medicine and medical director of the lung cancer screening program. He earned his medical degree from St. George’s University School of Medicine in Grenada, West Indies. Koussa completed an internal medicine residency, internal medicine chief residency, and a fellowship in pulmonary and critical care medicine at Albany Medical College in Albany. He earned his bachelor’s degree in chemistry from the American University of Beirut in Beirut, Lebanon and is board certified in internal medicine, pulmonary medicine, and critical care medicine.
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