New York Amends Law Regarding Employee Paid Time Off to Vote

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In the early morning hours of April 1, New York State passed its new yearly budget. Though the budget included several items of importance and interest, it was an under-the-radar provision revising paid voting time for employees that caught our attention. Previously, the law provided that if an employee had four consecutive hours either between […]

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Previously, the law provided that if an employee had four consecutive hours either between the opening of the polls and the start of his or her shift, or between the end of his or her shift and the closing of the polls, the employee would be deemed to have had sufficient time to vote and was not entitled to paid time off to vote. If the employee did not have this four-hour window of time, the employee was permitted to take up to two hours of paid time off to vote either at the beginning or end of his or her shift.

The new law, which is effective immediately, makes several important changes. First, the amount of paid time off that must be granted for voting leave changes from “up to two hours” to “up to three hours.” Furthermore, under the previous law, employees used to have a limited period of time between two and 10 days before the election to notify their employer of their need for paid time off to vote. The new law eliminates this outside limit of 10 days and just requires employees to request the paid time off to vote not less than two working days before the date of the election. Finally, and perhaps most significantly, the new law eliminates the presumption that an employee is not entitled to paid time off to vote if he or she has four consecutive hours outside of work time to vote.

By eliminating the four-hour consecutive window, the law virtually guarantees that all employees who request time off for voting must be granted sufficient paid time off to enable them to vote, up to a maximum of three hours. The effect that this could have on some employers, especially those who previously did not grant paid leave for elections because they could ensure that all employees had four consecutive hours off in which to vote, may be profound.

School districts may find the new law particularly problematic. Under the previous law, school-district employees, such as teachers and bus drivers, almost always had four consecutive hours off between the end of their work day and the closing of the election polls, which usually occurs at 9 p.m. This meant that these types of employees were not eligible to take paid leave to vote. These previously ineligible employees arguably must now be granted up to three hours of paid time off for voting.

Employers may still have a basis for denying paid voting leave (or granting something less than the maximum of three hours of voting leave) on the ground that the statute only allows employees to “take off so much working time as will enable him or her to vote.” However, it is not clear whether employers can ask for verification that employees actually voted and how long it took them to vote. Furthermore, the statute used to allow employees to “take off so much working time as will, when added to his voting time outside of working hours, enable him to vote.” The amendment to the law eliminated the italicized phrase, which suggests that the amount of time an employee has to vote outside of working hours can no longer be considered in determining how much paid time off an employee is entitled to take to vote.

Setting aside these unresolved questions, school districts, and similarly situated employers must now carefully consider the implications of all of their employees who are registered voters requesting up to three hours off to vote “at any election.” Exactly which elections qualify for paid leave under this law also remains an open question, but the language of the law is certainly broad enough to support an interpretation that all federal, state, or local elections would be covered. Regardless of the number or type of elections that the law extends to, affected employers must begin to plan for substantial portions of their workforce to make requests to be absent for up to three hours on election days. This will almost certainly mean increased scheduling problems. This situation becomes even more complicated when other considerations, such as employment agreements and obligations arising under collective-bargaining agreements are also factored into the analysis.

Finally, the law requires that all employers post a notice of the paid time off to vote law at least 10 working days before every election. Although this requirement has not changed in the new law, employers should be sure that their posters and voting-leave policies in their employee handbooks are updated to reflect the changes in the law.

Theresa Rusnak is a labor and employment law attorney with the Rochester office of Syracuse–based Bond Schoeneck & King PLLC. Contact her at trusnak@bsk.com. This viewpoint is drawn from the law firm’s New York Labor and Employment Law Report.

EBRI study: Confidence in retirement security rebounds

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More than four in five retirees are confident in their ability to live comfortably throughout retirement, up from 75 percent last year and comparable to highs measured in 2005 and 2017. That’s according to the Employee Benefit Research Institute’s (EBRI) annual Retirement Confidence Survey (RCS) report, which was released April 23. The percentage of workers

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More than four in five retirees are confident in their ability to live comfortably throughout retirement, up from 75 percent last year and comparable to highs measured in 2005 and 2017.

That’s according to the Employee Benefit Research Institute’s (EBRI) annual Retirement Confidence Survey (RCS) report, which was released April 23.

The percentage of workers who say they are very confident in their ability to live comfortably throughout retirement reached 23 percent. That’s up from last year’s 17 percent and “now reflecting levels measured more consistently in the late 1990s and early 2000s, prior to the financial crisis of 2008,” the EBRI) said in its report.

Now in its 29th year, the annual RCS is the longest-running survey of its kind, measuring worker and retiree confidence about retirement. EBRI and independent research firm Greenwald & Associates, both headquartered in Washington, D.C., conducted the study.

Researchers initiated the 2019 survey of 2,000 Americans online between Jan. 8 and Jan. 23. All respondents were ages 25 or older. The survey included 1,000 workers and 1,000 retirees, EBRI said.

Other findings

The survey also found that retirees this year are also much more likely than last year to be confident in their ability to afford the lifestyle that they’re accustomed to (77 percent, up from 70 percent) and having enough money to last their entire life (76 percent, up from 67 percent).

Eight in 10 retirees also indicate they are very or somewhat confident they will have enough money to take care of medical expenses, compared with 70 percent in 2018. Retirees are also less likely than last year to say their overall expenses, health-care expenses, and long-term care expenses are higher than they expected.

The RCS found that two-thirds of American workers (67 percent) feel confident in their ability to retire comfortably, with 23 percent feeling very confident. It reflects a 6 percentage point increase in the workers who feel very confident over 2018.

Though comparable to highs last seen 1997 through 2006 and in 2015 and 2016, worker confidence in 2019 still falls short of the 27 percent high measured in 2007, pre-financial crisis.

“Retirement confidence continues to be closely related to having a retirement plan,” Craig Copeland, EBRI senior research associate and co-author of the report, said in the survey report. “Workers reporting they or their spouse have money in a defined contribution plan or IRA, or have benefits in a defined-benefit plan, are nearly twice as likely to be at least somewhat confident about retirement (74 percent with a plan vs. 39 percent without a plan).”

The survey found 72 percent of workers are very or somewhat confident about being able to afford basic expenses in retirement. However, 41 percent are not confident about their ability to cover medical expenses and nearly half (48 percent) do not feel confident about having enough money for long-term care in retirement.

Workers are also more likely to cite debt as a concern compared with retirees. RCS found 61 percent of workers say debt is a problem for them, compared with 26 percent of retirees.

“Historically, the RCS has found a correlation between debt levels and retirement confidence,” said Copeland. “In 2019, 41 percent of workers with a major debt problem say that they are very or somewhat confident about having enough money to live comfortably in retirement, compared with 85 percent of workers who indicate debt is not a problem. Thirty-two percent of workers with a major debt problem are not at all confident about their prospects for a financially secure retirement, compared with 5 percent of workers without a debt problem.”

Managing finances

Asked to identify their guiding principle for managing finances in retirement — income stability versus preserving principal and wealth — a majority of both retirees (65 percent) and workers (74 percent) select “Income Stability: Ensuring a set amount of income for life.”

More than four out of five retirees and workers indicate that Social Security is or will be a source of retirement income, but differences emerge in the income sources (and the stability of those sources) that retirees report and the expectations of workers.

Eight in 10 workers (82 percent), for example, expect income from a workplace retirement-savings plan (separate from a pension plan), while just half of retirees (54 percent) report this is a source of income. Also notable, EBRI said, half of workers suggest they expect a product that guarantees income for life, such as an annuity, will be a source of retirement income for them, whereas only a third of retirees (33 percent) receive income from this type of product.

“The most pronounced gap in retiree experience and worker expectation for retirement-income sources remains working for pay in retirement,” Lisa Greenwald, executive VP of Greenwald & Associates, said in the EBRI report. “Three-quarters of workers believe work for pay will be a source of income in retirement and only a quarter of retirees actually receive income from work. It is risky for workers to assume they will be able to work into retirement when, for so many retirees, this has not been the case. I understand there’s a strong desire for income stability, but for many, continuing to receive a regular paycheck from work may not be the solution.”

Retirement age

The RCS “continues to identify a lack of alignment” between workers’ expectations about their age of retirement and prospects for working in retirement, compared with retiree experiences.

Workers continue to report an expected median retirement age of 65, while retirees report they retired at a median age of 62. The survey has consistently found that 43 percent of retirees leave the workforce earlier than planned, with 35 percent citing illness or disability as the reason and 35 percent retiring due to changes at their company.

In keeping with their income expectations, 80 percent of workers expect to work for pay in retirement, while only 28 percent of retirees report that they have actually done so.

MVP Health Care names chief medical officer

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SCHENECTADY — MVP Health Care on April 29 announced the appointment of Dr. Bruce Himelstein as chief medical officer. Himelstein will lead MVP’s medical-management strategy by “implementing policies and programs to improve outcomes for MVP’s members and continue to build healthy communities,” the health insurer said in a news release. “Bruce is bringing the highest

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YMCA of Greater Syracuse names Grayson VP of HR & development

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SYRACUSE — The YMCA of Greater Syracuse announced that Erin Grayson recently joined the organization as VP of human resources & development. Grayson is a longtime YMCA professional in the areas of human resources, leadership development, coaching, and a wide range of program development. Grayson most recently was the leadership development and human resources director

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3 Ways to Reduce Employee Turnover & Produce a Better Workforce

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Sometimes a good salary isn’t enough. Companies that want to attract and keep the best talent are finding that — perhaps more than ever — they need to understand just what it is that today’s employees want out of work and then find ways to provide that. While a great salary and good benefits are

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Sometimes a good salary isn’t enough.

Companies that want to attract and keep the best talent are finding that — perhaps more than ever — they need to understand just what it is that today’s employees want out of work and then find ways to provide that.

While a great salary and good benefits are important, employees also desire such things as flexible schedules, a way to let their talents shine, and work that gives them a purpose, according to the 2018 Global Talent Trends study by Mercer.

And, with the unemployment rate so low, it’s easier for employees to find work elsewhere if they become discontented. That makes it even more important to keep them happy, since replacing employees can prove expensive.

The majority of human behavior is emotionally driven, but unfortunately a higher percentage is driven by negative emotions.

A high turnover of employees suggests a high level of stress, which indicates there are human-resources problems that need to be addressed. In some cases, an employee may just be a bad fit. But in other cases, it could be that management in some way isn’t meeting the needs of the employees.

Anytime an employee leaves, the business will need to find a replacement and then train that replacement. There is reduced productivity during that hiring and training timeframe, and there also could be morale problems if other employees have to take up the slack.

Just a few of the ways companies can give employees what they want — and benefit the business at the same time — include the following.

• Help them understand their purpose. It’s important for employees to be able to grasp the connection between their daily tasks and the goals, vision, and purpose of the company. This connection is the key to building the employees’ awareness that they are a part of something bigger than themselves, which gives them purpose. This is especially true for the millennial generation. Purpose is essential to their happiness and retention. One of the most important things to millennials in a work setting is to be able to make that connection, allowing them to adopt the company’s goals as their own.

• Empower them to grow and learn. A good manager should inspire employees to think outside the box. You want to push them outside their comfort zones so they can find better ways to achieve their goals. Employees who don’t feel they are being challenged, who aren’t growing in their abilities, are more likely to become bored and seek employment elsewhere.

• Provide coaching and mentoring. Coaching and mentoring means guiding people through failures and mistakes. This is the best way to learn and gain experience. But if you try to mentor people by telling them exactly what they need to do and making sure they do it, he says, you’re not a leader or a mentor. Instead, you are a supervisor who is ensuring that processes are being followed. There’s no creativity there. Telling people how to solve a problem limits their professional growth and prevents them from realizing their potential.

To keep employees happy and engaged, it’s important for businesses to have a clarity of purpose and an ability to communicate expectations.

Without these, employees end up not knowing what they should be doing, how they should be doing it, what goals they need to achieve, and how they fit into the organization. They become frustrated and start looking for another workplace that will give them what they need.

Alex Zlatin (www.alexzlatin.com) is CEO of Maxim Software Systems, a dental-practice-management software company, and author of the book, “Responsible Dental Ownership”

Community Foundation of Herkimer & Oneida Counties awarded nearly $7 million in grants last year

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UTICA — The Community Foundation of Herkimer & Oneida Counties recently announced that it awarded nearly 750 grants in 2018, totaling more than $6.9 million to support programs and initiatives that will have long-lasting impact. The foundation added that its donor support set a record with $15.4 million received from 4,300 donors and 30 charitable funds

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Community Foundation of Herkimer & Oneida Counties awarded nearly $7 million in grants last year

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Lead with Intention to Create Great Companies and Communities

Opinion, Subscriber Only

As I shared with the nearly 1,200 attendees at CenterState CEO’s annual meeting on April 24, there is something exciting happening in this community, a rare and remarkable momentum and convergence of economic opportunities. It is coupled with a tangible shift in attitudes, a renewed commitment to collaboration, and perhaps more importantly, a sense of

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These opportunities include the Syracuse Surge and corresponding Smart Cities investments that will unlock innovation in public-service delivery, traffic-management, and data analytics, while simultaneously helping to bridge the real gaps in digital inclusion. The $3 million investment in Syracuse by JPMorgan Chase, one of five winning cities announced on April 18 in its inaugural AdvancingCities Challenge, will help create the business ecosystem and workforce necessary to help all members of this community prosper.

And the long-awaited release of the formal Draft Environmental Impact Statement by the New York State DoT, which selected the Community Grid as the preferred alternative for the future of I-81, promises to bring more than a billion dollars in economic stimulus to our region. It also represents an opportunity to jointly develop and implement a new model for civic collaboration, citizen engagement, and re-development.

While these growth and investment opportunities are necessary preconditions for improving our economic performance, they do not guarantee greater prosperity for all. In order to make the most of this moment for our community, we must go further and lead with intention.

To achieve that, we can adapt what we learned about great places to work, shared by our event’s keynote speaker, Tony Bond, executive VP and chief innovation officer of Great Place to Work, and create high-trust environments built on respect, credibility, and fairness. These attributes apply not just to our places of employment, they also create pride in a community, a desire to participate and contribute, a willingness to engage and go above and beyond — creating a great place to live.

So, let us lead with intention and see this confluence of economic circumstance for what it is, a gift, a long-awaited and fortuitous chance not just to grow but also to grow differently, better, in a way embraces a more inclusive, equitable, respectful, and fair future — for our entire community.

As always, please contact me at president@centerstateceo.com to share your thoughts.

Robert M. (Rob) Simpson is president and CEO of CenterState CEO, the primary economic-development organization for Central New York. This viewpoint is drawn and edited from the “CEO Focus” email newsletter that the organization sent to members on April 26.

New York State’s Linked-Deposit Program Benefits Economy

Opinion, Subscriber Only

In 1994, the state began the Linked Deposit Program (LDP) to assist and encourage firms, manufacturers, and small businesses to make investments. This program offers reduced-rate financing to makes it less expensive to borrow money. Under this program, qualifying businesses can obtain loans through commercial banks, savings banks, savings and loan associations, farm credit institutions

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Under this program, qualifying businesses can obtain loans through commercial banks, savings banks, savings and loan associations, farm credit institutions and the New York Business Development Corporation at a reduced rate. Interest rates for these loans are subsidized by the state. Since the start of this program, it has helped lower interest rates for thousands of business owners and brought in billions of dollars in private capital investments.

In 2016, the LDP processed 98 applications and approved 89, which resulted in more than $40.85 million in deposits. It’s estimated that these funds helped generate $51.01 million in private-sector capital investment. Currently, there are 73 lenders participating in the LDP in New York state. For each loan, the state deposits the same amount as the loan to the lending institution but earns less interest on the deposit. This allows the lender to transfer the interest-rate savings to the borrower. At the end of the loan term, the bank returns the initial deposit to the state. The program eases some risks for the banks and reduces commercial interest rates for borrowers, which encourages private investments. Help from the LDP has proven to stimulate the economy by allowing businesses to expand, become more competitive, upgrade their equipment, and develop new products. A 2017 report for the governor and the state legislature showed assistance from the LDP created 253 jobs in 2016, and would retain an additional 268 through at least 2021.

Many businesses in Central New York and the Finger Lakes region have utilized this LDP program. In 2016, 12 projects were approved in Central New York and 27 in the Finger Lakes. This resulted in $13.91 million in assistance for both regions. Since the program’s establishment, most assisted businesses have been small businesses with 100 employees or less. In 2016, 98 percent of the loans approved benefitted small businesses. In that same year, it cost the state just under $2 million to provide this reduced interest rate through the program. This is a small investment the state can make that provides an incentives for private investments. For some businesses, it’s the only way they can stay in business or expand.

New York has made numerous legislative changes designed to help increase participation in the Linked Deposit Program. The lifetime maximum amount to borrow for eligible companies increased from $1 million to $2 million. Another change allowed companies to apply for a four-year extension for the life of the loan, providing up to eight years of assistance on certain loans. I was pleased to support a measure in the Assembly that extended a higher interest-rate benefit to agricultural businesses. Helping farmers and local agricultural businesses to access these reduced interest rate loans helps keep local farms in business. In addition, the legislature enabled technology and innovation businesses to benefit from a higher subsidy in an effort to spur investments and bring more high-paying jobs to New York.

To learn how to apply or find more information, visit http://www.esd.ny.gov/BusinessPrograms/LinkedDeposit.html

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.

Nascentia Health

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Nascentia Health announced it has added the following new employees. In the Certified Home Health Agency: AMBER CAMPILANGO, billing specialist; DAWN DANN, customer service center coordinator; TITILOPE DARAMOLA, care navigator; JABOR EDWARDS, care navigator; ALLISON GROTH, office assistant; LEIGH HILGENBERG, home care coordinator; KAMESHA JONES, care navigator; ERIC LACEY, customer service center coordinator; JENNY LENHARD, registered nurse; LYNNE MINKEL, physical therapist; ABIGAIL MORALES FLORES, registered nurse; ANDREA OBIT, registered nurse; ELIZABETH OLMSTED, registered nurse; CONSTANCE PATTI, registered nurse; ROBERT QUINTANO, active directory & security administrator; DOROTHY RAMIREZ, registered nurse; AMANDA RUDOLPH, recruitment and retention specialist; LESLIE SANTOS-GONZALEZ, patient care coordinator; and JACQUELINE TAYLOR, health information coordinator. In the Licensed Home Care Service Agency, Nascentia Health added: CATHERINE CLEM, PRI nurse; SHAMECCA COLEY-HORDGE, home health aide; BONNIE DEMKO, home health aide; PAULINE D’EREDITA, home health aide; TEAJIA DOWDELL, home health aide; ASIA HARRISON, home health aide; MARY LEONARD, home health aide; JESSICA MANLEY, home health aide; JODEAN MCGRATH, home health aide; MARIAH MYERS, home health aide; PRISCILA ROMERO, home health aide; NICOLE SCHEEL, home health aide; JENNIFER WOOD, home health aide; and SOPHIA YURCO, home health aide. In the Managed Long-Term Care Program, the following people have joined: VICTORIA BOLSTER, transportation member services representative; BECKY CURTIS, transportation member services representative; SHARON DUDINSKI, care manager; DEBORAH GOSS, care manager; TIMOTHY GURAL, driver; JESSICA JEANNOTTE, care manager; KAITLYN MONHEIM, utilization review nurse; RYAN MOORE, transportation member services representative; ELIZABETH O’HERN, care coordinator; RHONDA REALS, enrollment member services representative; SANDEE SANFORD, care manager; JENNIFER SCARANO, care coordinator; KATHLEEN SOCIE, care manager; KARYSSA WAREHAM, care manager; and ILEDEJA YANCY, enrollment member services representative. For the Medicare Advantage Plan, Nascentia added: RAYMON SCHWEITZER, Medicare benefit consultant.

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