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AG James urges Congress to prohibit crypto investments in 401(k) plans
New York Attorney General Letitia James on Nov. 22 urged congressional leaders to adopt legislation that would prohibit investing retirement funds in digital assets, such as cryptocurrencies, digital coins, and digital tokens. Individual retirement accounts (IRAs) and defined-contribution retirement plans, like 401(k) plans and 457 plans for government employees, are key retirement investments for millions […]
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New York Attorney General Letitia James on Nov. 22 urged congressional leaders to adopt legislation that would prohibit investing retirement funds in digital assets, such as cryptocurrencies, digital coins, and digital tokens.
Individual retirement accounts (IRAs) and defined-contribution retirement plans, like 401(k) plans and 457 plans for government employees, are key retirement investments for millions of Americans.
Recently, a major financial institution has offered as an investment option in its 401(k) plans, and other financial firms are expected to follow suit. With recent crypto-market crashes and other market turbulence, James stressed the need to protect workers’ retirement funds and avoid the dangers of risky cryptocurrencies.
“Investing Americans’ hard-earned retirement funds in crashing cryptocurrencies could wipe away a lifetime’s worth of hard work,” the state AG said. “Over and over again, we have seen the dangers and pitfalls of cryptocurrencies and the wild swings in these funds. Hardworking Americans should not have to worry about their retirement savings being wiped out due to risky bets on unstable assets like cryptocurrencies. I urge Congress to take action to protect working families from having their retirement accounts dry up because of crypto investments.”
Concern outlined
The attorney general’s office cites two federal bills that would allow crypto investments in retirement plans and prevent regulators from restricting access to these investments in such plans. The Retirement Savings Modernization Act would put 401(k) retirement savings at risk by “exposing them to the volatility and illegality of cryptocurrencies,” per James. In her letter, the attorney general contends that recent high-profile failures of crypto companies make digital assets “unsuitable” retirement investments.
In November, the value of many cryptocurrencies plunged after one of the largest crypto exchanges in the world, FTX Trading Ltd., collapsed. In May 2022, many cryptocurrencies reached “significant lows” following the crash of a so-called stable coin, TerraUSD.
The failure of TerraUSD spread and resulted in $500 billion in losses into the broader crypto market.
Aside from such failures, AG James cautioned that cryptocurrency prices swing wildly because they are purely speculative rather than an investment in future cash flow.
In addition, she warned that cryptocurrencies are often an “instrument for fraud and crime.” For example, the Federal Trade Commission (FTC) recently reported that since the start of 2021, more than 46,000 people have reported losing over $1 billion total in crypto to scams.
The FTC further noted that no institution is available to flag suspicious transactions and attempt to stop fraud before it happens and that crypto transfers “cannot be reversed.” No regulator, state or federal, examines most issuers of cryptocurrencies, James’ office noted. Safeguards like those provided by the Federal Deposit Insurance Corporation (FDIC) or the Securities Investor Protection Corporation (SIPC) aren’t available to “protect investors from the failures of digital asset companies.”
In her letter, the New York attorney general described legislation that Congress could adopt to protect workers’ retirement savings from crypto losses, including making minor amendments to existing statutory restrictions on how retirement savings may be invested.

DiNapoli audit details problems with state UI system
ALBANY, N.Y. — The New York State Department of Labor’s (DOL) “failure to replace its long-troubled” unemployment-insurance (UI) system and ad-hoc workarounds to compensate for the old system “weakened” oversight and “ultimately contributed to an estimated billions of dollars in improper payments” during the COVID-19 pandemic. That’s according to an audit that New York State Comptroller
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ALBANY, N.Y. — The New York State Department of Labor’s (DOL) “failure to replace its long-troubled” unemployment-insurance (UI) system and ad-hoc workarounds to compensate for the old system “weakened” oversight and “ultimately contributed to an estimated billions of dollars in improper payments” during the COVID-19 pandemic.
That’s according to an audit that New York State Comptroller Thomas DiNapoli released Nov. 15.
DOL “refused” to provide auditors with the data that would have enabled auditors to calculate the precise number of improper payments and “was slow” to provide requested information that delayed the completion of the audit, the comptroller contended. The audit examined the period from January 2020 to March 2022.
“The state Department of Labor’s antiquated UI system was ill-equipped to handle the challenges posed by the extraordinary demand caused by the pandemic for unemployment benefits and more lenient federal eligibility requirements,” DiNapoli said. “The agency resorted to stop-gap measures to paper over problems, and this proved to be costly to the state, businesses, and New Yorkers. The department needs to recoup fraudulent payments and correct its mistakes. I was pleased the department agreed with our recommendations and is moving to implement them.”
CNYBJ asked the state DOL for its response to the comptroller’s findings and received the following statement on Nov. 29.
“The COVID-19 pandemic placed an unprecedented amount of stress on unemployment-insurance systems nationwide. Despite this challenge, our system acted as a critical lifeline for nearly 5 million New Yorkers. The New York State Department of Labor is already implementing changes to improve the system and address the audit’s findings. We are halfway through a four-year modernization plan that will enhance the overall experience for UI beneficiaries and reduce fraud. We’re stepping up our fraud investigations and we’ve made data on UI benefits available on a new, public dashboard. NYSDOL remains committed to protecting our UI system while ensuring all qualified New Yorkers have access to benefits.”
Background
DOL officials “did not heed warnings” as far back as 2010 that its UI system was out of date, nor did it address issues identified in a 2015 State Comptroller’s audit, DiNapoli contended.
The system “lacked the resources necessary” to adjust to new laws or handle workload surges –– a “dire forecast with disastrous consequences” during the pandemic. Not only did DOL have to manage an “unprecedented” volume of traditional UI benefit claims, but it also administered UI benefits for the temporary programs created by the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
These temporary federal benefits, with “less stringent” eligibility requirements, contributed to a “dramatic increase” in UI claims.
Even before the pandemic, the U.S. Department of Labor reported New York’s traditional UI estimated improper payment rate at 10.34 percent, including a fraud rate of 4.51 percent, in state fiscal year (SFY) 2019-20, exceeding the federal performance threshold of 10 percent, per DiNapoli’s office.
Unlike temporary programs, which the federal government fully pays for, New York’s UI program is funded by taxes collected from employers. With the increase of claims during the pandemic, U.S. DOL’s estimated improper payment rate in New York’s UI program increased significantly to 28.89 percent, including a fraud rate of 17.59 percent in SFY 2021-22.
From April 1, 2020 through March 31, 2021, the state made 218.2 million traditional and temporary UI payments totaling over $76.3 billion, an increase of nearly 3,140 percent over the amount paid in the prior state fiscal year.
Using the U.S. DOL’s estimated fraud rate for New York’s traditional UI program for SFY 2020-21, that would equate to about $11 billion lost to fraud in that fiscal year, DiNapoli’s office said.
This likely understates the actual amount, as the New York DOL acknowledged that the temporary programs had a significantly higher risk of fraud.
Auditors found that during the pandemic, DOL had to compensate for its outdated system by overriding existing controls designed to prevent improper payments. DOL’s “pay and chase” approach boosted the risk of overpayments, payments charged to the wrong funding source, and fraud. For example, auditors tested a sample of 53 claimants, selected for various risk factors, and found that 18, or one-third, potentially received UI payments that exceeded the maximum allowed amount.
Audit recommendations
The audit recommendations included continued development of the replacement UI system and ensuring its timely implementation.
In addition, DOL should take steps — including collecting and analyzing data related to the identity-verification process — to “ensure the correct balance” between fraudulent identity detection and a streamlined process for those in need of UI benefits.
It was also recommended that DOL follow up on the questionable claims identified by the audit to ensure adjustments have been made so they are paid from the proper funding source and “overpayments are recovered, as warranted.”
The recommendations also included ensuring the current and new UI system and data comply with provisions of the New York State Information Security Policy; the Classification, Authentication, Encryption, and Logging Standards, as well as the ITS Operations Change Management Process and Policy.
In addition, DOL should improve the timeliness of cooperation with state oversight inquiries to ensure “transparent and accountable” agency operations, per DiNapoli’s office.

Launch NY rolls out resource navigator for startup firms
“Thanks to the support we received from NYSEG and RG&E, our team has been able to build this new web-based Resource Navigator that provides the most comprehensive directory of resources — most of them available at no- or low-cost — for startup founders and entrepreneurs in our ecosystem,” Marnie LaVigne, president and CEO of Launch
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“Thanks to the support we received from NYSEG and RG&E, our team has been able to build this new web-based Resource Navigator that provides the most comprehensive directory of resources — most of them available at no- or low-cost — for startup founders and entrepreneurs in our ecosystem,” Marnie LaVigne, president and CEO of Launch NY, said in the release. “Entrepreneurs are incredibly busy trying to juggle multiple priorities in building their business, so now they can come to a single source to find what they need, including those all-important funding opportunities that often can only be accessed in a narrow time window. Our Resource Navigator is truly unique in featuring time-sensitive opportunities on the landing page, so we encourage founders to visit the Resource Navigator regularly.”
New York State Electric & Gas (NYSEG) and Rochester Gas and Electric (RG&E) provided grants totaling $150,000 for the development of the resource navigator, Launch NY noted.
“Launch NY’s new Resource Navigator will ensure that startup companies have access to vital information and assistance to tap the ever-growing but sometime overwhelming array of resources available to entrepreneurs in our region,” Joseph Rizzo, manager, economic development for NYSEG and RG&E, said. “The Resource Navigator will help these companies understand and connect with the support programs they need to grow their innovative startup companies in a timely manner.”
“The Resource Navigator vastly expands the opportunities and information available on Launch NY’s website, which already includes a wide array of tools and capabilities for both entrepreneurs and investors, in addition to the numerous person-to-person programs provided by Launch NY,” LaVigne said.
Besides its headquarters in Buffalo, Launch NY has co-locations with partner organizations in Syracuse, Binghamton, Ithaca, and Rochester. Since 2012, it has served 1,406 companies with more than 30 experienced local entrepreneurs-in-residence and its National Mentor Network of 2,000 industry, business, and investment experts.
Launch NY says it has mentored companies — including 28 percent women-led and 28 percent minority-led startups — which have created 4,886 jobs, attracted $1.3 billion in co-investment and follow-on capital after joining Launch NY, and generated $218 million in annual revenue.

Helio Health readies for leadership transition in 2023
SYRACUSE, N.Y. — Helio Health — the Syracuse–based agency that helps those dealing with substance-use and mental-health disorders — is preparing for a leadership transition in 2023. Jeremy Klemanski, president and CEO of Helio Health and the Helio Health Foundation, is leaving the organization at the end of 2022. Kathleen Gaffney-Babb, executive VP and COO
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SYRACUSE, N.Y. — Helio Health — the Syracuse–based agency that helps those dealing with substance-use and mental-health disorders — is preparing for a leadership transition in 2023.
Jeremy Klemanski, president and CEO of Helio Health and the Helio Health Foundation, is leaving the organization at the end of 2022.
Kathleen Gaffney-Babb, executive VP and COO of Helio Health, will serve as the organization’s interim president and CEO during the transition, the organization said.
Klemanski has served as the agency’s top official since 2006 after joining the organization in 2005.
He will be relocating to Chicago to become president and CEO of Gateway Foundation, a national nonprofit specializing in the treatment of adults with substance-use disorders and co-occurring mental-health disorders.
Under Klemanski’s leadership, Helio Health has grown its annual operating budget from $7 million to $93 million, and it now employs more than 1,000 people. In addition, Helio Health expanded into Rochester, Binghamton, Utica, and Johnstown, and completed four mergers.
“I am incredibly proud of what we have built together in New York,” Klemanski said in a news release. “Helio Health is a model agency for serving people affected by substance use, mental health, or housing needs. We have a deep bench of talent that will carry our mission, vision, and strategic plan forward.”
“As Jeremy begins his next adventure, he leaves behind a legacy of an expectation of loving our people first and foremost, of investing in our colleagues as our greatest resource and providing progressive evidence-based person-centered services that demonstrate the respect and responsibility we have for the people we serve,” Gaffney-Babb said.
Helio Health went on to say that it wants to assure the community, its partners, employees, and stakeholders that the organization has a “very strong team and strategic plan” that will continue to provide services to those who need care for substance use, mental health, and housing services.
Helio Health operates facilities in Syracuse, Rochester, Utica, and Binghamton.

Crumbl Cookies franchise store formally opens in DeWitt
DeWITT, N.Y. — A locally owned and operated Crumbl Cookies franchise store formally opened on Erie Boulevard in DeWitt on Dec. 2. Saumil Dalal, Swati Gandhi, and Disha Patel are the owners of the store at 3405 Erie Blvd, Suite 200, and also own and operate a Crumbl Cookies near Rochester. The DeWitt store, which
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DeWITT, N.Y. — A locally owned and operated Crumbl Cookies franchise store formally opened on Erie Boulevard in DeWitt on Dec. 2.
Saumil Dalal, Swati Gandhi, and Disha Patel are the owners of the store at 3405 Erie Blvd, Suite 200, and also own and operate a Crumbl Cookies near Rochester. The DeWitt store, which expects to employ more than 65 people, is open from 8 a.m.-10 p.m. on weekdays and 8 a.m.-12 a.m. Fridays and Saturdays. It’s closed on Sundays.
The franchise owners have more than 20 years of experience in the food-service industry. They opened their first Crumbl Cookies in Henrietta in 2021. After celebrating the Henrietta store’s first anniversary, they are excited to be opening their second store in DeWitt.
“As local business owners, we are looking forward to sharing delicious cookies with our neighbors,” the team said in a news release.
Crumbl Cookies offers 200-plus, weekly rotating flavors including milk chocolate chip, cornbread, cookies & cream, s’mores, key lime pie, peppermint bark, caramel popcorn, buttermilk pancake, and galaxy brownie.
Crumbl Cookies was founded in 2017 in Logan, Utah by Jason McGowan and Sawyer Hemsley. In just five years, Crumbl has grown from one cookie shop into a franchise with more than 500 locations in over 40 states.

Bassett expands digital medicine offerings with Columbia University to enhance cardiac care
COOPERSTOWN, N.Y. — Bassett Medical Center is expanding its digital medicine capabilities to include cardiovascular clinical services through an initiative with Columbia University’s Vagelos College of Physicians and Surgeons. Using digital technology, Bassett patients will have direct connections to cardiovascular specialists in Manhattan. The collaboration builds on the 90-year affiliation between the two organizations. “Our
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COOPERSTOWN, N.Y. — Bassett Medical Center is expanding its digital medicine capabilities to include cardiovascular clinical services through an initiative with Columbia University’s Vagelos College of Physicians and Surgeons.
Using digital technology, Bassett patients will have direct connections to cardiovascular specialists in Manhattan. The collaboration builds on the 90-year affiliation between the two organizations.
“Our digital health strategies center on seamlessly connecting our patients in rural settings with world-class physicians, here on the Bassett campus and through our partnership with Columbia,” Dr. Tommy Ibrahim, Bassett’s president and CEO, said in a press release. “Bassett is committed to the ongoing expansion of our digital health capabilities into clinical services in cardiovascular care and beyond.”
Columbia physicians seeing Bassett patients from their offices downstate are assisted by nurses in Bassett exam rooms, including physical exams with the use of live video and an electronic stethoscope that allows the doctor to listen to the heart and lung sounds remotely.
Dr. Ibrahim; Dr. Michael Holmes, chief of cardiology at Bassett; Dr. Nick Homma, deputy chief of the cardiology division and chief medical officer at Columbia University Irving Medical Center; and Cheryl Gelder-Kogan, interim administrative director, cardiovascular service line at Bassett are guiding the expanding program.
The program, already underway, will expand to five days a week with doctors potentially alternating between clinical settings at both Bassett and Columbia.
Bassett Medical Center offers a three-year cardiovascular training program for medical students. Columbia-Bassett cardiac fellows spend up to two months a year doing rotations at Columbia to round out their experiences, specifically with advanced heart failure. Fellows are primarily based at Bassett with the opportunity to complete key rotations at Columbia Presbyterian Medical Center.
Bassett Healthcare Network includes five corporately affiliated hospitals, community-based health centers, school-based health centers, skilled-nursing facilities, and other health partners.

Loretto says employee coaching, training programs make a difference
SYRACUSE, N.Y. — Loretto has an employee-coaching program that started a few years ago and has, so far, helped more than a 1,000 of the organization’s employees since its inception. Loretto has also started its new “EDGE” training program to help employees feel more engaged and supported in the era of “quiet quitting.” EDGE stands
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SYRACUSE, N.Y. — Loretto has an employee-coaching program that started a few years ago and has, so far, helped more than a 1,000 of the organization’s employees since its inception.
Loretto has also started its new “EDGE” training program to help employees feel more engaged and supported in the era of “quiet quitting.” EDGE stands for “educate, develop, grow, excel” and offers leadership training and certification programs in specific areas such as dementia, advanced rehabilitation, and food services.
The nonprofit Loretto is a health-care organization providing services for older adults throughout Central New York. The organization serves close to 10,000 individuals each year through 19 locations in Onondaga and Cayuga counties.
Employee coaching
The employee-coaching program started a few years ago when Loretto was active with CenterState CEO and BOCES in employee-training programs. Some program participants started working at Loretto in entry-level, frontline positions, and the organization “tried to make sure they were successful,” says Julie Sheedy, chief marketing and engagement officer at Loretto, who spoke with CNYBJ on Nov. 21.
Participants included new Americans and others who were starting their first job, so Loretto wanted to provide them a point of contact to help them get adjusted to their role in a working environment.
The feedback to Loretto officials from both managers and employees indicated that some of the frontline employees needed “help navigating their work and their life balance,” according to Sheedy.
Loretto’s first employee coach started just prior to the start of the COVID pandemic. CenterState CEO helped Loretto find the individual to fill the role. “The position has evolved and been so successful in helping us retain employees that we added a second coach,” says Sheedy.
The second employee coach has been on the job for nearly a year, she noted.
Loretto’s employee coaches have worked with more than 1,000 employees since offering the service. When fully staffed, Loretto averages between 2,000 and 2,500 employees, and at the time of the interview, had about 2,200 people on the payroll, according to Sheedy.
Loretto introduces the two employee coaches during its new-employee orientation sessions. “They pass out their business cards and then it’s really a partnership between the coaches and our human-resources business partners and our business leaders themselves,” she says.
If they identify someone showing signs of risk, such as calling off from work, or exhibiting signs of struggling in the job or personal life, the coach can meet with the person and provide that individual some resources.
“It’s a very sensitive topic, so employees know how to reach them and can approach them one-on-one,” she says. “They have very personal situations that they deal with at home that they’re not sure how to navigate.”
The coaches keep a food pantry in their offices as some employees may lack available food or formula at their homes.
Sheedy went to say that Loretto’s workforce includes a “significant population” that comes from the city of Syracuse, where it knows people deal with challenges such as poverty “and other barriers to work.” The employee coaches have been “essential” in helping its employees find the right resources to help them have a stable workplace and homelife, says Sheedy.
When asked if Loretto plans on hiring additional employee coaches, she says it “depends on the demand and the need.”
The employee coach is a Loretto position and grant funding paid for it the first year through Loretto’s partnership with CenterState CEO, but the position is now part of the Loretto payroll, including the addition of the second position.
EDGE training program
Sheedy says Loretto is “constantly” looking at employee retention and stability, noting that the organization is hearing that 67 percent of registered nurses are going to leave their jobs in two years. “The competition is tremendous.”
Almost 400,000 people have left long-term care organizations in the past two years, representing 20 percent of the workforce, she adds.
“We have to really think outside of the box about how we can wrap our arms around our employees and provide services to retain and grow them,” says Sheedy.
Besides the employee-coaching program, Loretto is also investing in its training programs, which it packaged under a concept called EDGE (engaged, develop, grow, and excel.)
Loretto conducted an employee survey and one finding that management heard “loud and clear” was that its managers needed help with employee management. Under the EDGE program, Loretto launched its first leadership-training academy.
“We have 40 of our front-line supervisors, managers, and directors that are being trained on all the skills they need for people management,” says Sheedy. “It helps them be stronger … be more confident as a people leader but also help us retain those employees as well.”
Since May, Loretto has trained 37 employees through its new frontline-certification programs in dementia care and ServSafe food service under the EDGE umbrella, Sheedy noted.
The New York City–based Mother Cabrini Health Foundation also awarded Loretto grant funding for a front-line career-advancement program, which involves certification programs. Loretto uses the programs to help employees starting in entry level positions grow on a career pathway. An example of this is a dementia certification that’s conducted in partnership with the Alzheimer’s Association.
“A [certified nurse aide (CNA)] can come in and take this dementia certification program,” says Sheedy. “If they pass the test, they become certified to work and provide advanced-level skills in dementia care and they earn an additional wage.”
She noted that it goes “hand in hand” with Loretto’s LPN (licensed practical nurse) apprentice program, a program that seeks to make the organization’s employees successful and “build their career trajectory.”

Employers offering creative perks to attract and retain employees
In the tough tussle for talent, employers are getting more creative in finding benefits and perks to attract and retain employees. The Oneida Indian Nation in Verona recently announced a new scholarship program to help employees in the finance department obtain advanced degrees. And earlier this year, the organization opened affordable housing available to employees of
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In the tough tussle for talent, employers are getting more creative in finding benefits and perks to attract and retain employees.
The Oneida Indian Nation in Verona recently announced a new scholarship program to help employees in the finance department obtain advanced degrees. And earlier this year, the organization opened affordable housing available to employees of its Turning Stone Resort Casino.
Iolanda Cooper, president of the Central New York Society for Human Resource Management (CNY SHRM), says her organization hears over and over again from businesses that it’s challenging finding employees.
“They are feeling that there’s been a war for talent in the area,” she says, and that has led to some more unique perks being offered or upgraded.

That starts right at job descriptions, Cooper says. Employers are taking a look at those job descriptions, and some are wondering if a degree is really necessary, she says. Many are tweaking those descriptions to allow for equivalent experience instead of a degree, which opens the position up to more applicants.
Monetary rewards continue to be a popular option, but many employers are now finding that offering sign-on bonuses isn’t enough, Cooper says. “What they’re seeing is a demand for flex scheduling.” People value that more than a one-time bonus, she says, whether its non-traditional hours or being able to work from home.
“Everyone is trying to sweeten their perks,” she says. To combat shortages in health care, many employers in that industry are looking at loan forgiveness or other assistance programs.
Other rewards Cooper has seen offered include gas stipends and even regular employer-hosted lunches. “Those are some of the ways we’re hearing employers are trying to entice employees,” she says.
Many employers have realized those benefits have to enhance the corporate and employee culture in order to retain employees. Employers need to figure out what their corporate culture is and what they need to do to support that culture, Cooper adds.
Some local industries are beginning to implement their own apprenticeship programs, while some manufacturers are working to partner with daycare providers to ensure childcare is available for all shift hours.
At the same time, employers need to be cognizant of the cost of whatever rewards they offer. That has led to a willingness to be creative and look for more than just monetary perks, she notes.
Organizations such as CNY SHRM are one resource for businesses looking for ideas on how to implement new perks or benefits, often through networking opportunities where businesses can share ideas.
Employers can also ask employees directly what they want and need to improve the culture, Cooper says. “I think the perks have definitely got to tie into the employees and where they are at,” she notes.

Brown & Brown pays 12 percent higher dividend in Q4
Brown & Brown, Inc. (NYSE:BRO), the Florida–based parent of Syracuse–based Brown & Brown Empire State, recently paid a regular quarterly cash dividend of 11.5 cents per share for the fourth quarter. The dividend was 12.2 percent higher than Brown & Brown’s prior regular quarterly cash dividend of 10.25 cents a share. It’s the 29th straight annual
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Brown & Brown, Inc. (NYSE:BRO), the Florida–based parent of Syracuse–based Brown & Brown Empire State, recently paid a regular quarterly cash dividend of 11.5 cents per share for the fourth quarter.
The dividend was 12.2 percent higher than Brown & Brown’s prior regular quarterly cash dividend of 10.25 cents a share. It’s the 29th straight annual dividend increase for the company.
Brown & Brown paid the new, higher dividend on Nov. 16, to shareholders of record on Nov. 2, the insurance agency said in a news release.
Daytona Beach–headquartered Brown & Brown, through its subsidiaries, offers a broad range of insurance products and related services. It has more than 14,500 employees and over 450 offices worldwide. The insurance-brokerage firm makes frequent acquisitions of insurance agencies a key part of its growth strategy.
Brown & Brown Empire State is headquartered at 500 Plum St. in Syracuse’s Franklin Square area. It also has an office at 4104 Vestal Road in Vestal.

Dawn Lanouette compiled a list of the top issues she believes that HR professionals need to be aware of in the coming year. In a state that passed a “ton of labor laws” this year, she says it can be hard for HR professionals to keep up. While her list is not all-inclusive, it targets
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Dawn Lanouette compiled a list of the top issues she believes that HR professionals need to be aware of in the coming year. In a state that passed a “ton of labor laws” this year, she says it can be hard for HR professionals to keep up. While her list is not all-inclusive, it targets a few things those professionals can be alert about.
Artificial intelligence in the hiring process is one area HR needs to stay on top of if their employer implements it, especially because there are both pros and cons to it, Lanouette says.
“I think more and more employers are looking for ways to automate that,” she says of the hiring process. That’s where artificial intelligence comes into play to streamline the process of recruiting and screening applicants.
That’s also where the pitfalls lie, Lanouette says, because employers need to test whatever process they use for bias. For example, she notes, studies have shown that women use different keywords on their résumés so employers should ensure their keyword choices are inclusive.
Remote workers, whose numbers increased significantly as a result of the pandemic, also pose concerns for employers and their HR professionals. What happens, for example, if a remote employee moves to another state without telling the employer? Lanouette asks. Along with making sure appropriate taxes are paid to the state, employers also need to be aware of differing labor laws in that state, she stipulates.
Pay equity and transparency is a hot topic heading into 2023, especially with New York City’s pay-transparency law going into effect earlier this year. The state also broadened its of pay-inequity protections to include more than just gender. It now includes race, national origin, age, creed, sexual orientation, and gender identity. Employers should look for any gaps and problems in their pay rates and job postings, Lanouette cautions.
“I think that’s probably a trend we’ll see a lot of litigation around in the coming year,” she says.
Gender identity is a top trend well beyond pay equity, Lanouette notes. Discrimination on the basis of gender identity can involve more than just pay inequity or not hiring someone, she says. That discrimination now includes things such as not using an employee’s selected pronouns and more.
Burnout remains a huge concern in the workplace and employers need a plan to address it. At a recent conference, Lanouette says, about half of the sessions presented focused on dealing with employee burnout.
“How do you accommodate an employee who has a doctor’s note for mental stress due to burnout?” she asks. Employers need to have a plan to both accommodate workers experiencing burnout and implement practices in the workplace to prevent it.
Cybersecurity remains a perennial top concern for human resources, Lanouette says. Between 75 percent and 90 percent of successful cyber attacks are due to human error, she says, so HR needs to continually assess training and best practices.
The HR department is the front line on these and many other issues, she says. “It’s very easy to become out of compliance quickly.”
Lanouette recommends HR professionals utilize resources available to them to stay on top of new laws and changes. Those resources include state and local chapters of the Society for Human Resource Management (SHRM); New York State Department of Labor and New York State Division of Human Rights websites; local chambers of commerce; and labor attorneys.
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