CenterState CEO unveils Upstate Minority Economic Alliance

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SYRACUSE — CenterState CEO has introduced a partnership with the new Upstate Minority Economic Alliance (MEA). Robert Simpson, president and CEO of CenterState CEO, announced MEA during the organization’s annual meeting held April 2 at Nicholas J. Pirro Convention Center at Oncenter. Leaders in the minority community approached CenterState CEO two years ago […]

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SYRACUSE — CenterState CEO has introduced a partnership with the new Upstate Minority Economic Alliance (MEA).

Robert Simpson, president and CEO of CenterState CEO, announced MEA during the organization’s annual meeting held April 2 at Nicholas J. Pirro Convention Center at Oncenter.

Leaders in the minority community approached CenterState CEO two years ago to help in the effort to “enhance economic opportunity” for that segment of the population, Simpson said.

“We were eager to partner,” he added.

Economic and demographic trends indicate minorities are an “increasingly important and soon to be the majority part of our population in our communities,” Simpson said.

Demographics are changing across the country, Edward Cuello, president of MEA’s board of directors, said in addressing the gathering at the Oncenter.

Latinos account for 17 percent of the national population, while African Americans account for 13 percent and Asian make up more than five percent, according to Cuello.

But in New York state, the three groups total more than 30 percent of the population and “we’re growing,” he added.

“While our demographics are growing rapidly, economic opportunities have not kept pace,” said Cuello.

In the 16-county Central Upstate region, Cuello said, the combined populations of blacks and Latinos is more than 340,000. The region also includes more than 8,500 black and Latino-owned businesses.

The joint buying power of the black and Latino citizens of New York exceeds $170 billion, he added.

“This tremendous economic and entrepreneurial potential has not had an organization representing them until today,” said Cuello.

He then announced the creation of the Upstate Minority Economic Alliance, or MEA.

MEA’s mission, Cuello said, is to “harness” the economic power of the minority community for the benefit of the region.

Its “core” services include connecting qualified candidates of color to employers looking for new talent.

MEA will also work to secure memberships for professionals of color, giving them access to new clients and customers; and to sponsor memberships for minority high-school and college students to prepare them for economic success and to recruit them to stay in the area, said Cuello.

The organization will also serve as a “clearing house” of information for minority and women-owned business enterprises (MWBEs) and for professionals of diverse backgrounds, he added.

And through its partnership with CenterState CEO, MEA will also offer traditional chamber-of-commerce services and networking opportunities between the members of both organizations.

“So, whether you seek to access a pool of talented minority professionals; need favored access to a group of entrepreneurs who could become your clients; or want to tap into a larger share of the $170 billion buying power of the region’s black and Latino community, we look forward to working with you,” said Cuello.

He went on to announce that the MEA awarded the inaugural Minority-owned Business of the Year award to the CHC Group, Inc.

CHC Group provides construction-management services for its clients, according to the video that accompanied the award presentation.

The Top 10 Employee-Handbook Mistakes that Businesses Make

Business Mentors, Subscriber Only

Done right, employee handbooks serve multiple functions. They provide employees with important information about a company, its practices, and the working environment. They also help protect employers legally by setting clear expectations and standards. But, done wrong, employee handbooks can do more harm than good. Policies that are too specific and rigid can potentially

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But, done wrong, employee handbooks can do more harm than good. Policies that are too specific and rigid can potentially limit an employer’s flexibility when dealing with real issues. Policies that are too general make it difficult for employers to hold employees accountable for their actions. Below are 10 of the most common employee handbook mistakes, and what to do about them.

10. An overly detailed discipline procedure

Some employers like to include a detailed discipline procedure in the employee handbook, specifying what disciplinary steps they will take if an employee violates company policy. Unfortunately, these discipline procedures are often too detailed and constricting to address workplace realities.

For instance, a policy promising a verbal warning as a first disciplinary step does not make sense if the first incident is a serious violation of a harassment-prevention policy or an act of workplace violence. In such a situation, an employer wants the flexibility to skip steps, or even ignore the process entirely. If an employer has a policy of employment at-will — that is, that termination and everything leading up to it can happen for any reason that is not illegal — then the employer has no obligation to provide a specific discipline procedure, much less explain it in detail.

To avoid confusion and maximize flexibility, an employer should specify at the beginning of the handbook that violation of any company policy — even one not stated in the handbook — has the potential to lead to discipline.

9. Not controlling meal and rest periods

Many employers address breaks by only generally promising to comply with the law, without explaining what that means. Employees should be advised that if they do not take their meal and rest periods as described, they must notify their supervisors immediately. Also, if denied the right to take their meal or rest periods, employees should be advised how to bring complaints. These precautionary measures put the burden on employees to take meal or rest periods and reduce the employer’s legal exposure.

8. Not controlling overtime

Like meal and rest periods, unauthorized overtime can create significant liability for employers. Overtime policies should be structured to limit unauthorized overtime. First, employers should define the “workweek” for purposes of calculating overtime. For example, the workweek could be Sunday at 12 a.m. to Saturday at 11:59 p.m. Otherwise, employees may be free to define the workweek as they choose, potentially increasing overtime liability.

The overtime policy also should specify that employees are not permitted to work overtime without prior supervisory authorization. Though an employer cannot refuse to pay an employee who works unauthorized overtime, the employer can discipline employees who fail to follow the specific directive not to work overtime without permission.

7. Improper deductions and proper reimbursements

Some employers make a big mistake not only in making improper or illegal deductions from a paycheck, but also in reflecting that practice in their handbook. Carefully ensure that any policies relating to deductions do not violate the law; employers should include a “safe harbor” policy that addresses deductions for exempt employees. This policy should require exempt employees to notify the employer immediately if they believe illegal deductions — such as certain deductions for partial-day absences — have been made from their salaries.

Many employers make mistakes when drafting expense-reimbursement policies. Commonly, employers seek to encourage employees to submit business expenses for reimbursement promptly by stating that failure to do so within a certain timeframe will result in no reimbursement. As with unauthorized overtime, employees should be directed to submit their expenses on time and in certain form. If they fail to do so, they can be disciplined. However, the employer cannot refuse to pay the expenses.

6. Putting a cap on medical leaves

Under the federal Americans with Disabilities Act (ADA), employers may be required to permit an employee with a disability to take time off if doing so will allow the employee to recover and return to work. Unfortunately, few employers are aware that a policy imposing a “cap” on the amount of leave provided for this purpose — such as three months — can create legal problems.

In the past few years, the Equal Employment Opportunity Commission (EEOC) challenged several employers’ leave policies with longer but definite time limits, such as one year.

When deciding how much leave is appropriate, the ADA requires an individual assessment. Employers can limit the possibility of problems with the EEOC — or employees filing lawsuits — by maintaining flexible leave policies that make clear each situation will be evaluated individually.

5. Use it or lose it vacation policies

Employers cannot encourage employees to take vacations with a “use it or lose it” policy. Under such a policy, an employee who fails to use all his or her vacation at the end of the year loses the right to take it. Because vacation is considered a wage, such a policy deprives employees of a vested right.

Instead, vacation policies should be written to allow accrual up to a maximum, with no additional vacation accrual once an employee reaches the maximum. If an employee’s accrual falls below the maximum, then he or she begins accruing vacation again. The maximum should be a “reasonable” amount, so that employees have sufficient opportunity to take time off. The Labor Commissioner has stated, for example, that one year’s worth of vacation is not reasonable. Employees should be permitted to accrue more than one-year’s worth of vacation. Generally, adopting a maximum or “cap” of 1.25 times the annual accrual should be sufficient.

4. Electronic-communications policies

The reality of many workplaces today is that employees need access to email, the Internet, and other modes of electronic communication to do their work. For employers, these technologies have potential downsides, such as wasted time, security problems, and the possibility that employees will use these means to violate company policy. To control these problems, some employers specify that electronic communications and systems can be used only for business purposes.

However, the federal National Labor Relations Board (NLRB) has taken the position that an employer’s rigid policy prohibiting the use of its electronic-communications systems for any non-business purpose may have the effect of “chilling” union organizing. Such a restriction, the NLRB reasoned, could violate the National Labor Relations Act. Therefore, a policy on electronic communications should not entirely prohibit use of electronic systems for non-business use.

3. A rigid harassment-prevention policy

A “no harassment” or harassment-prevention policy is a must-have for all employee handbooks. It helps employers defend claims of harassment when employees fail to follow the company’s internal processes for reporting potentially harassing behavior. But, employers should not focus on “unlawful” harassment. For example, if a policy defines a “hostile work environment” in the same way the law does, then any violation of the policy will automatically be a violation of the law. To avoid this result, the employer should define “harassment” under the policy using a stricter standard than the actual legal definition. A policy could define harassment as “disrespectful or unprofessional conduct based on a protected characteristic, such as sex, race or national origin.” Then, an inappropriate joke based on one of these characteristics would violate the policy, not the law.

2. Over- or under-acknowledging

Employers should request that employees acknowledge receiving and reading the handbook.

Most importantly, an acknowledgment is a key place to reiterate a concept that the employer should have communicated many times already: employment at-will. That means either party can end the employment relationship at any time, for any reason, and with or without notice. The acknowledgment should also specify which specific person (such as the company CEO or president) could make an agreement to the contrary on the company’s behalf, in a written agreement only. This language gives the company the flexibility to make a written agreement in the limited circumstances in which it might prefer to — perhaps when hiring a highly sought executive — without unknowingly creating an agreement to the contrary.

1. Not reviewing/revising the handbook regularly

Employment laws change frequently. Keeping policies up-to-date ensures decision-makers and employees are informed.

Scott Ludema is an outsource risk manager at Ottawa Kent Insurance in Michigan. Contact him at sludema@ottawakent.com

Presenting the 2015 CNY Manufacturing Directory

Manufacturing & Engineering, Subscriber Only

Welcome to the third edition of The Central New York Business Journal’s Manufacturing Directory. The directory provides readers with key information and vital data on Central New York manufacturing companies — large, medium, and small. In this publication is information on manufacturers from across the 16-county CNY region that includes number of employees, products manufactured locally,

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Region Must Evolve to Keep Pace with Global Competition

Opinion, Subscriber Only

At the recent annual meeting of CenterState CEO, 1,000 members came together to help mark the fifth anniversary of the organization and explore our theme of evolution and continuous innovation. Evolution is at the heart of some of our most recent civic successes — downtown Syracuse’s revitalization, a growing entrepreneurial ecosystem, and an improved industrial

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We don’t have to look any further than the private sector to find examples of those that have adapted to external pressures, turning challenges into opportunities. This includes businesses like Novelis, which is helping auto manufacturers like Ford, and its new F-150, meet new fuel economy standards. It also includes Ephesus, which seized on the global need for energy efficiency, growing from a startup at The Tech Garden to lighting the Super Bowl in five short years.

In his keynote address at the annual meeting, Dr. Parimal Kopardekar, a NASA scientist and leading innovator in unmanned aerial systems (UAS), shared his vision for the future of the industry. He highlighted the pace at which UAS technology is advancing; the innovations taking place and the significant opportunities they’re creating; and the need for a nationwide system to increase efficiency, safety, and capacity of airspace operations.

Kopardekar’s perspective is incredibly relevant given CenterState CEO’s leadership role with the NUAIR Alliance — [a not-for-profit coalition of more than 70 private and public entities and academic institutions working together to operate and oversee UAS test ranges in New York, Massachusetts, and Michigan. It is headquartered at Griffiss International Airport in Rome.]

NUAIR operates and manages one of just six UAS test sites in the country, helping to establish the case for safe UAS operations in the nation’s commercial airspace.

It’s also timely given the opportunity presented by Gov. Andrew Cuomo’s $1.5 billion Upstate Revitalization Initiative. As Howard Zemsky, the new president & CEO of Empire State Development clearly stated, this investment is our chance to turn our visions for transforming our economy into a reality.

The Upstate Revitalization Initiative is a once-in-a-lifetime opportunity. It’s critical to our continued economic reinvention and growth. I encourage you to become involved in these conversations and opportunities. As always, please contact me at president@centerstateceo.com to share your thoughts.

Robert M. Simpson is president and CEO of CenterState CEO, the primary economic-development organization for Central New York. This editorial is drawn and edited from the “CEO Focus” email newsletter the organization sent out on April 3.

A Budget That Leaves Out the Middle Class is Not Good Enough for New Yorkers

Opinion, Subscriber Only

As New York state legislators Prepare for the second half of the Legislative session, it is vital we address the failures of the recently passed budget. With nowhere near enough help for middle-class families, and a major swing-and-miss on ethics reform and education, much remains to accomplish. I remain dedicated to advancing measures that will

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Smart solutions offered, but not adopted

The Assembly Minority conference offered a number of amendments to the budget that would have helped New Yorkers across the board, but were unfortunately rejected on the floor. The Small Business Full Employment Act would cut taxes and provide mandate relief to help create jobs and grow the economy. We also pushed for a permanent middle-class tax cut and elimination of the state sales tax on gasoline and a number of other everyday products. Part of the Assembly Minority’s plan for all New Yorkers also included the:

– Establishment of the Division of Regulatory Review & Economic Growth to cut red tape that holds businesses back;

– Move toward a state takeover of the local cost of Medicaid within the next five years;

– Immediate repeal of the 18-A tax to cut utility bills; and

– Merging of the Thruway Authority with the Department of Transportation to cut costs.

The good, the bad, and the ugly

There are some pieces of the 2015-16 enacted budget that the Assembly Minority conference is proud to have helped pass for New Yorkers. We are glad to see a

$603 million restoration to the Gap Elimination Adjustment, an increase in aid for community-college students, and a $4.2 million increase in farming local assistance. However, too many common-sense solutions were left out of the spending plan.

The budget woefully missed the mark on addressing Common Core and will force another round of pointless tests on students in the coming weeks. The ethics package that passed leaves the door wide open for loopholes, and does nothing to address leadership term limits and pension removal for convicted legislators. Also, the winners-and-losers approach to upstate development falls far short of the broad stimulation that New York needs. And again there is no unfunded-mandate relief to ease the burden of the state’s outrageous property taxes. No permanent tax relief for the middle class was included, despite credits for luxury yacht owners and Hollywood elites.

Without addressing the root problems in our economy, we will be having the same conversations about the misguided direction of New York state during the next budget season. Until New Yorkers get the financial relief they need, an education policy that will prepare our future leaders, and ethics reform that will provide transparency and accountability that we can all be proud of, much work remains to be done.

Brian M. Kolb (R,I,C–Canandaigua) is the New York Assembly Minority Leader and represents the 131st Assembly District, which encompasses all of Ontario County and parts of Seneca County. Contact him at kolbb@assembly.state.ny.us

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