VIEWPOINT: NYS Announces Minimum-Wage Rise for Upstate Employers

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Effective Dec. 31, 2022, the minimum wage in upstate New York (i.e., every part of the state except New York City, Nassau, Suffolk, and Westchester counties) will increase from $13.20 to $14.20 per hour. The New York State Department of Labor recently announced this one-dollar rise — a more than 7.5 percent increase. The minimum wage […]

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The minimum wage for employees working in New York City, Nassau, Suffolk, and Westchester counties remains unchanged at $15 per hour. The minimum wage for fast-food employees across the state also remains unchanged at $15 an hour.

The minimum wage for upstate New York will continue to increase on an annual basis until the statewide minimum-wage rate reaches $15 per hour regardless of locale. A chart summarizing the minimum wage rates throughout the state is available at: https://dol.ny.gov/minimum-wage-0.

Employers should keep two important things in mind as they prepare to comply with this forthcoming minimum-wage increase. First, the minimum-wage rise goes into effect on Dec. 31, 2022. Therefore, non-exempt employees who work on New Year’s Eve should be paid the increased minimum wage for any hours worked. Second, the applicable minimum-wage rate is determined based on where the work is performed — not where the employer is located. Thus, an employee working in New York City must be paid at the minimum-wage rate applicable to Downstate, even if his/her employer is headquartered in Upstate, where the minimum wage has not yet reached $15.

An increase to the salary threshold for employees who are classified as exempt under New York’s executive and administrative exemptions has not been finalized for 2023. However, proposed regulatory text issued by the Department of Labor suggests the minimum weekly salary threshold for the executive and administrative exemptions will increase from $990 to $1064.25 per week (inclusive of board, lodging, and other allowances and facilities) in upstate New York effective Dec. 31, 2022.

Historically, the exempt salary threshold has been 75 times the minimum wage rate; this proposed increase, which will likely be implemented, roughly follows that pattern. There is no proposed increase to the salary threshold for exempt executive and administrative employees working in New York City, Nassau, Suffolk, and Westchester counties, so that threshold will remain at $1,125 per week. There is still no state salary threshold to qualify for the professional exemption, so the federal threshold of $684 per week remains applicable for the professional exemption. Employees must continue to meet specified duties requirements to qualify for an exemption.

Hannah K. Redmond is an associate attorney in the Syracuse office of Bond, Schoeneck & King PLLC. She focuses her practice on representing employers in labor and employment-law matters. Contact Redmond at hredmond@bsk.com. Subhash Viswanathan is a member (partner) in Bond’s Syracuse office. Viswanathan represents employers in many different industries on labor and employment issues. Contact him at suba@bsk.com. This viewpoint is drawn from the firm’s New York Labor and Employment Law Report blog.

Utica CPA named director as chapter rep for NYSSCPA board

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UTICA, N.Y. — A CPA at a Utica accounting firm has been named a director as chapter representative for the New York State Society of Certified Public Accountants (NYSSCPA) board of directors for 2022-23. William Ryan III, a CPA at Fitzgerald, DePietro & Wojnas CPAs, P.C. in Utica, represents the Utica chapter for the NYSSCPA

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New state laws seek to boost New York’s MWBE program

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New state laws will strengthen New York’s program to support minority- and women-owned business enterprises (MWBEs). Gov. Kathy Hochul on Oct. 6 signed the new legislation in conjunction with the state’s 12th annual MWBE forum, which continued through Oct. 7. The governor also announced that New York State has surpassed its goal for MWBE utilization on

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New state laws will strengthen New York’s program to support minority- and women-owned business enterprises (MWBEs).

Gov. Kathy Hochul on Oct. 6 signed the new legislation in conjunction with the state’s 12th annual MWBE forum, which continued through Oct. 7.

The governor also announced that New York State has surpassed its goal for MWBE utilization on New York State contracts with a utilization rate of 30.64 percent during the 2022 fiscal year (FY22). The figure represents the highest MWBE utilization rate in the country for the second year in a row, per Hochul’s office.

MWBE firms secured nearly $3 billion in state contracts during FY22, and they’ve secured nearly $24 billion in state contracts since 2011.

“New York draws strength from its diversity, and it is a priority for my administration to ensure that economic opportunities are inclusive and equitable across the state,” Hochul said. “For two years in a row, our nation leading MWBE utilization rate highlights our commitment to providing the necessary tools and resources so that everyone is able to forge pathways to economic success. The continuation of New York’s strong MWBE utilization rate demonstrates the State’s commitment to championing greater equality of economic opportunities for MWBEs.”

The theme for the 12th annual MWBE forum is “Building an Equitable Future,” which highlights New York’s support of MWBE firms to “become more competitive in an ever-changing market.” This year’s hybrid forum offers in-person events and online sessions that bring together MWBEs, state agencies and authorities, prime contractors, and other strategic partners for informational and networking opportunities, Hochul’s office said.

About the legislation

One of the newly signed laws will prevent fraud and abuse within the MWBE program and creates a framework for a fund that will investigate and audit misconduct within the program, Hochul’s office said.

A 2014 report by the New York State Supreme Court Grand Jury revealed that over $10 million intended for honest MWBEs had instead gone to fraudulent non-MWBEs, cheating legitimate MWBEs out of contracts. This legislation will ensure the integrity of the program by creating a state MWBE registry, increasing fines for fraud, and establishing a MWBE fund to investigate misconduct.

The package also includes a law that will allow businesses to use funds from the Minority- and Women-Owned Business Development and Lending program to refinance existing debt.

For many business owners, commercial credit cards are the first and only means to access credit, which often means high interest rates on debt. Allowing businesses to refinance that debt under one of the state’s existing micro-loan programs could reduce interest payments to as little as $1,200, saving the business nearly $3,000 a year.

In addition, another new law authorizes New York City to increase award amounts to MBWEs for non-competitive contracts from $500,000 to $1 million.

Dannible & McKee set to hold tax and financial planning conference in November

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SYRACUSE, N.Y. — Syracuse–based Dannible & McKee, LLP will hold its annual tax and financial-planning conference in early November. The event — which will return to an in-person format this year — is set for Nov. 10 at the Embassy Suites by Hilton Syracuse Destiny USA at 311 Hiawatha Blvd W. in Syracuse. The complimentary

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SYRACUSE, N.Y. — Syracuse–based Dannible & McKee, LLP will hold its annual tax and financial-planning conference in early November.

The event — which will return to an in-person format this year — is set for Nov. 10 at the Embassy Suites by Hilton Syracuse Destiny USA at 311 Hiawatha Blvd W. in Syracuse.

The complimentary event begins with registration and networking at 11 a.m. and lunch at 11:30 a.m. The program continues between 12 and 5 p.m. and the day concludes with a cocktail networking reception from 5-6:30 p.m.

The conference “will be filled with valuable insight on tax, accounting and financial updates and key year-end strategies to help you lighten your tax burden and better achieve your financial objectives,” per an email message Dannible & McKee sent to CNYBJ.

The conference will offer continuing professional education credit. Those interested can register for the event at the Dannible & McKee website.

The event will include presentations on topics that include “Federal Tax Update for Businesses” and “Federal Tax Update for Individuals.” Certified public accountant (CPA) Nicholas Shires will handle the tax update for businesses, and CPA Joseph Hardick will conduct the presentation on the tax update for individuals.

The event will also include two breakout sessions focusing on applicable topics. Breakout session I topics will include “Top 10 Financial Planning Tips for Manufacturers;” “Key Financial Ratios and New York State Sales Tax for Contractors;” and “Getting into the Mind of a Fraudster.”

Breakout session II topics will include “Accounting and Financial Reporting Update;” “2022 New York State Tax Update for Businesses & Individuals;” and “Avoiding Common Pitfalls in Business Valuation and Ownership Transition.”

Keynote speaker

The event’s keynote speaker is Ryan Benz, a Syracuse–based real-estate developer, restaurateur, and investor.

Benz splits his time between his retail offerings — including Oh My Darling, The Fitz, and his most recent investment, Parthenon Books — and his development company, Redev CNY, LLC.

Under the Redev brand, Benz currently has in development more than
$450 million in active projects, including the redevelopment of the former Penfield Manufacturing building and the redevelopment of the former ShoppingTown Mall into District East.

VIEWPOINT: Cybersecurity Awareness: An Eye Toward Enforcement Under NY SHIELD

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New York’s SHIELD Act, which became effective on March 21, 2020, requires persons and organizations that own or license electronic data that includes New York residents’ private information to maintain reasonable administrative, technical, and physical data-security safeguards. The New York Attorney General (NYAG), is authorized to enforce the SHIELD Act by enjoining violations and obtaining

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A flurry of recent activity indicates the NYAG office intends to rigorously enforce the SHIELD Act. Understanding the recent enforcement actions issued by the NYAG is critical for organizations because maintaining data-security safeguards will continue to be a focus for the NYAG’s office going forward.

In the past year alone, the NYAG has sent warning letters and secured monetary settlements and consent agreements from organizations that failed to comply with the SHIELD Act. The following agreements indicate an increase in violations and penalties under the SHIELD Act levied by the NYAG in 2022.

In June, the NYAG announced a settlement with Wegmans, a national supermarket chain, for violating the SHIELD Act in failing to protect customers’ personal information. Wegmans agreed to pay a $400,000 penalty and to adopt additional security measures under the settlement. Additional security measures include maintaining an information-security program and inventory of all cloud assets, establishing password policies for customers, and updating data collection and retention practices.

Also in June, the NYAG announced a multi-state settlement with Carnival Cruise Line for violating the SHIELD Act in a data breach. The breach compromised Carnival employees’ email accounts and personal information. Carnival agreed to pay around $44,000 in penalties and to strengthen its email security and data breach response practices. Consistent with past data-breach settlements, Carnival is undergoing an independent information-security assessment.

In February, the NYAG announced a settlement with EyeMed Vision Care LLC (EyeMed), for violating the SHIELD Act in failing to implement email privacy safeguards resulting in a mass data breach and phishing incident. EyeMed agreed to pay a $600,000 penalty, adopt a written security program and improve security measures. The settlement included requirements for password complexity and multifactor authentication, improved information encryption, and appointing an employee responsible for maintaining internal-security measures.

By adopting the lessons learned from recent enforcement actions, organizations can prevent cybersecurity risk by implementing the practices listed above as part of their compliance regime.

Jessica L. Copeland is a member (partner) of Bond, Schoeneck & King PLLC. She is chair of the firm’s cybersecurity and data privacy practice. Contact Copeland at jcopeland@bsk.com. Maureen Milmoe is an associate trainee at the Bond law firm.

DEC releases final plans for conservation easement tract in Herkimer County

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WEBB, N.Y. — The New York State Department of Environmental Conservation (DEC) has released a final recreation-management plan (RMP) for the Three Lakes Track Conservation Easement in the town of Webb in Herkimer County. The 3,350-acre Three Lakes Tract is comprised of commercially managed forestland and is named for the three bodies of water on

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The 3,350-acre Three Lakes Tract is comprised of commercially managed forestland and is named for the three bodies of water on the property — Hitchcock, Grass, and Moose ponds.

The DEC holds the conservation easement, which is a voluntary, legal agreement that protects the natural resources of a parcel of land by restricting future land use and/or development on the property permanently, according to the department’s website. The agreement is between the landowner and a government agency, with the landowner maintaining ownership. The easement can be sold or donated, resulting in a variety of tax benefits. It is recorded with the property’s deed and transfers to all future landowners.

Bluesource, LLC owns the Three Lakes Tract, and the conservation easement restricts development, allows for the continued harvest of forest products, and permits specific public recreation opportunities. Any other access or activity is prohibited and can result in trespassing charges.

The DEC’s final plan for the tract expands public recreational opportunities on the property consistent with the conservation easement. The plan includes:

• Maintaining two existing snowmobile trails totaling 4.8 miles on the property;

• Establishing hiking trails connecting McCarty Road in the Independence River Wild Forest to the Blue, Hitchcock, Grass, and Moose ponds including 4.4 miles of trail on the easement, 2.9 miles following existing snowmobile trails, 1.5 miles involving minimal construction, and a possible connector trail up to 0.6 miles to the Ha-De-Ron-Dah Wilderness Area;

• Allowing primitive camping throughout the property with three primitive campsites to be established near Hitchcock, Grass, and Moose ponds and an accessible campsite near Blue Pond;

• Allowing hunting, fishing, and trapping throughout the property consistent with DEC regulations;

• Allowing paddling throughout the property; and

• Developing and distributing new recreation maps and information to the public.

The plan is online at www.dec.ny.gov/docs/lands_forests_pdf/3lakesfinalrmp.pdf.

OOC deputy director Wheelock to lead organization in 2023

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OSWEGO, N.Y. — The man who has served as deputy director of Operation Oswego County for the past five years will become the economic-development organization’s top official in just a few months. The board of trustees of Operation Oswego County Inc. (OOC) has named Austin Wheelock as its new executive director, effective Jan. 1, 2023.

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OSWEGO, N.Y. — The man who has served as deputy director of Operation Oswego County for the past five years will become the economic-development organization’s top official in just a few months.

The board of trustees of Operation Oswego County Inc. (OOC) has named Austin Wheelock as its new executive director, effective Jan. 1, 2023.

In addition to his role as OOC’s deputy director, Wheelock has worked for the organization in progressively responsible roles since 2006. He will succeed L. Michael Treadwell, who in July announced his pending Dec. 31 retirement after nearly 40 years of leading OOC.

The nonprofit believes Wheelock’s 16 years of experience in economic development, “combined with a deep passion for promoting Oswego County businesses and investments, will help to further advance the mission of the organization,” per its announcement.

“We are thrilled to welcome Austin as our new executive director,” Ellen Holst, president of the board of trustees of Operation Oswego County, said in a statement. “He will bring experience, enthusiasm, great communication skills and a new vision to our organization. After an exhaustive search, the search committee and OOC board unanimously decided he was the right person to assume the role of executive director.”

When Wheelock steps into the role on Jan. 1, he will manage all of OOC’s day-to-day operations. Duties include business attraction and retention; administration of economic-incentive programs; and communication with key partners and stakeholders. As part of his role, he will also serve as the CEO of the Oswego County Industrial Development Agency (IDA).

“As a native of upstate New York, who has called Oswego County home for almost 20 years, I’m thrilled to use the experience, skills and relationships cultivated here to lead this great organization forward,” Wheelock said.

OOC chose Wheelock following a national search that the Next Move Group conducted earlier this year in collaboration with a search committee made up of representatives of the OOC board, the Oswego County Industrial Development Agency, and Oswego County Legislature

Wheelock, a certified economic developer designated by the International Economic Development Council, earned a master’s degree in urban planning from the University at Buffalo and a bachelor’s degree in architecture from Alfred State College, OOC said.

He also serves on several nonprofit boards such as the Heritage Foundation of Oswego County, Oswego Renaissance Association, and the Preservation Association of Central New York.

“Austin has been a major team player in helping to attract companies and expand businesses, encouraging entrepreneurism and providing oversight over the many properties that OOC and the County of Oswego IDA have developed to promote and encourage economic development and job creation,” L. Michael Treadwell, out-going executive director of OOC and CEO of the County of Oswego IDA, said. “We want to congratulate Austin on becoming the next Executive Director for OOC and CEO of the COIDA. He knows the area, the businesses and the elected officials well. He’s ready for this next challenge.”

OOC, which celebrated its 70th anniversary this year, serves as Oswego County’s designated economic-development organization.

McMahon starts as new assistant director of campus safety at Herkimer College

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HERKIMER, N.Y. — Jason McMahon, of Ilion, recently began his new role as the assistant director of campus safety at Herkimer County Community College. He was sworn in by Herkimer College President Cathleen McColgin in a Sept. 1 ceremony. McMahon will report to Timothy Rogers, the college’s campus safety director. McMahon has served as a

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Former treasurer in St. Lawrence County village accused of stealing $73K

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NORWOOD, N.Y. — Nancy Berger, 55, formerly the clerk/treasurer of the Village of Norwood in St. Lawrence, was recently arrested for allegedly stealing $73,725 from the village. New York State Comptroller Thomas P. DiNapoli, St. Lawrence County District Attorney Gary Pasqua, and the New York State Police announced the arrest on Sept. 29. Berger is

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Fust Charles Chambers hires two associates

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SYRACUSE, N.Y. — Fust Charles Chambers LLP, a certified public accounting (CPA) firm based in Syracuse, has hired the following two individuals to help service its manufacturing, health care, not-for-profit, other professional service, and family-owned business clients. Philip Gramer joins Fust Charles Chambers as an audit associate. He received his bachelor’s degree in accounting and

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