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VIEWPOINT: U.S. DOL Withdraws Independent-Contractor Regulations
On May 6, the U.S. Department of Labor (USDOL) withdrew its final regulations that would have revised the standard for determining whether a worker is an employee covered under the Fair Labor Standards Act (FLSA) or an independent contractor who is not subject to the FLSA’s minimum wage and overtime requirements. According to the USDOL, the independent-contractor […]
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On May 6, the U.S. Department of Labor (USDOL) withdrew its final regulations that would have revised the standard for determining whether a worker is an employee covered under the Fair Labor Standards Act (FLSA) or an independent contractor who is not subject to the FLSA’s minimum wage and overtime requirements. According to the USDOL, the independent-contractor rule that was withdrawn “is inconsistent with the FLSA’s text and purpose, and would have a confusing and disruptive effect on workers and businesses alike due to its departure from longstanding judicial precedent.”
The USDOL’s independent-contractor regulations were published on Jan. 7 and were initially supposed to become effective on March 8. The effective date of the regulations was then delayed until May 7, and the USDOL published a proposed rule on March 12 to withdraw the regulations. After receiving more than 1,000 comments on its proposed withdrawal of its independent-contractor regulations, the USDOL formally withdrew those regulations on May 6.
The result of this withdrawal is that the USDOL will likely continue to take an expansive view of employee status under the FLSA. Even if the final regulations had taken effect on May 7 as scheduled, those regulations would have only been applicable to the independent-contractor analysis under the FLSA, and would not have affected the independent-contractor analysis under New York wage and hour laws. There are many branches of the New York State Department of Labor (such as the Division of Labor Standards, the Unemployment Insurance Division, and the Workers’ Compensation Board) that have historically taken a more expansive view of employee status under New York law. So, for employers in New York, the USDOL’s withdrawal of its regulations should not drastically change the manner in which potential independent-contractor relationships are analyzed. Employers should continue to be cautious when classifying an individual worker as an independent contractor and should consult with legal counsel to assess the risks of such a classification.
Subhash Viswanathan is a member (partner) at Bond, Schoeneck & King PLLC in Syracuse. 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.

Construction underway on $19M housing development in Oneonta
ONEONTA, N.Y. — Construction has begun on Dietz Street Lofts, a $19 million mixed-use, mixed-income affordable-housing development in Oneonta that will create 64 affordable homes. The project supports the economic-development efforts underway in Oneonta, as part of the city’s selection as a winner of the $10 million Downtown Revitalization Initiative (DRI) for the Mohawk Valley,
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ONEONTA, N.Y. — Construction has begun on Dietz Street Lofts, a $19 million mixed-use, mixed-income affordable-housing development in Oneonta that will create 64 affordable homes.
The project supports the economic-development efforts underway in Oneonta, as part of the city’s selection as a winner of the $10 million Downtown Revitalization Initiative (DRI) for the Mohawk Valley, the office of Gov. Andrew Cuomo said in an April 30 news release.
Oneonta was named a DRI round 1 winner in 2016.
Crews are building the four-story Dietz Street Lofts on the site of a municipal parking lot in Oneonta’s DRI strategic-plan area. The developer is Parkview Development & Construction and Kearney Realty and Development Group of Baldwin Place in Westchester County will be the management agent.
Dietz Street Lofts will include 40 one-bedroom apartments and 24 two-bedroom apartments. The structure will include 42 apartments, with a preference for tenants involved in artistic or literary activities. Seven apartments will be fully adaptable for persons with mobility impairment and three will be adapted for persons with hearing or vision impairment.
All apartments will be affordable to households earning between 60 and 100 percent of the area median income or less, Cuomo’s office said.
In addition, Dietz Street Lofts will be home to Hartwick College’s Grain Innovation Center, which will be a regional source for studying the quality of potential wheat cultivars for whole-grain milling and baking. The educational facility will be located on the building’s first floor. The Mohawk Valley Regional Economic Development Council awarded a grant for $180,000 through Empire State Development in support of this project.
New York State Homes and Community Renewal (HCR) says the financing for the Dietz Street Lofts project includes federal and state low-income housing tax credits that will generate $11.1 million in equity, $2.8 million from the Housing Trust Fund, $975,000 through the Rural and Urban Community Investment Fund, and $665,000 through the Middle-Income Housing Program.
Additional state support includes a $1.4 million DRI grant administered by Empire State Development and $58,400 provided by the New York State Energy Research and Development Authority. The Community Preservation Corporation is providing a SONYMA-insured $1.6 million permanent loan through their partnership with the New York State Common Retirement Fund. SONYMA is short for State of New York Mortgage Agency.
“Dietz Street Lofts will offer 64 households, including those in the artistic community and those with disabilities, the opportunity to live affordably in new energy-efficient homes that blend with the design and architecture of the surrounding historic community,” HCR Commissioner RuthAnne Visnauskas said in the release. “We are pleased to partner with Parkview Development and Construction on this $19 million project that will advance Oneonta’s community renewal, enhance downtown revitalization and provide workforce housing that is convenient to public transportation, close to government services, health care and shopping opportunities.”
Oneonta Mayor Gary Herzig thanked state officials for their support of Oneonta’s downtown revitalization efforts.
“In addition to addressing our need for affordable middle-income housing, the Dietz Street Lofts will provide affordable live/workspace for local artists,” Herzig said. “This project will not only support Oneonta’s thriving arts community as part of our walkable downtown, it will also be home to the Hartwick College Grain Innovation Center — an Innovation Center which will support our local agribusinesses while providing hands-on training for the students of Hartwick College.”

Construction begins on REDI project in Sterling, finishes in Little Sodus Bay
STERLING — Construction is underway on a $1.5 million project awarded to the town of Sterling in Cayuga County to deal with flooding issues. At the same time, a dredging project in Little Sodus Bay is now finished. The funding for both projects comes through the Resiliency and Economic Development Initiative (REDI), the office of
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STERLING — Construction is underway on a $1.5 million project awarded to the town of Sterling in Cayuga County to deal with flooding issues.
At the same time, a dredging project in Little Sodus Bay is now finished.
The funding for both projects comes through the Resiliency and Economic Development Initiative (REDI), the office of Gov. Andrew Cuomo said.
The existing double culvert carrying McIntyre Road over Sterling Valley Creek is the only access route for local homes and agricultural properties north of Sterling Creek. Flooding in 2019 caused inundation of the culvert and erosion of the roadway embankment at both the inlet and the outlet of the culvert.
Emergency repairs were needed to keep this roadway open. Improvements included in this project will “ensure uninterrupted” residential and emergency vehicle passage, Cuomo’s office said.
Mitigation measures for this project include the removal of the existing double-barrel culvert. Crews will replace the structure with a 71-foot single-span bridge. Workers will also install stone fill in front of the abutments and along the wingwalls to protect the structure against future erosion.
“In 2019, intense flooding along the shores of Lake Ontario caused sections of roadway to be fully submerged in water, making travel hazardous and in some cases forcing emergency closures,” Cuomo said. “The safety of New Yorkers is our top priority. Through REDI, we will ensure that when high water events occur, roadways remain clear and open allowing continued safe travel for residents and emergency vehicles.”
“Through the governor’s REDI program, vital upgrades will be made to ensure that we do not have to close the road during times of high water,” Town of Sterling Supervisor Scott Crawford said. “These improvements will protect the residents of Sterling and visitors, by allowing safe passage as well as ensuring emergency vehicles are able to respond quickly to calls.”
Little Sodus Bay project complete
Besides the Sterling project, Cuomo announced the completion of dredging at Little Sodus Bay in Cayuga County as part of the state’s $15 million REDI regional dredging project, which removed built-up sediment from the bottom of the waterway to allow for continued safe passage of watercraft.
The Little Sodus Bay project removed approximately 6,000 cubic yards of sediment, which was then deposited on the shoreline east of the navigation channel to rebuild and protect the beach.
About REDI
In response to the extended pattern of flooding along the shores of Lake Ontario and the St. Lawrence River, Cuomo created REDI to increase the resilience of shoreline communities and “bolster” economic development in the region.
Five REDI regional planning committees — which included representatives from eight counties, Niagara and Orleans, Monroe, Wayne, Cayuga, and Oswego, and Jefferson and St. Lawrence — were established to identify local priorities, at-risk infrastructure and other assets, and public-safety concerns.
The REDI Commission allocated $20 million for homeowner assistance, $30 million to improve the resiliency of businesses, and $15 million toward a regional dredging effort that will benefit each of the eight counties in the REDI regions.
The remaining $235 million has been allocated towards local and regional projects that advance and embody the REDI mission.

NBT names Brown to board of directors
NORWICH, N.Y. — NBT Bancorp Inc. (NASDAQ: NBTB) recently announced that J. David Brown has joined the boards of directors for NBT Bancorp and its primary subsidiary, NBT Bank, N.A. Brown is president and CEO of the Capital District YMCA, where he has worked for 28 years to “create better opportunities for all through community
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NORWICH, N.Y. — NBT Bancorp Inc. (NASDAQ: NBTB) recently announced that J. David Brown has joined the boards of directors for NBT Bancorp and its primary subsidiary, NBT Bank, N.A.
Brown is president and CEO of the Capital District YMCA, where he has worked for 28 years to “create better opportunities for all through community programs and services,” NBT said in a release. A past member of the NBT Bank Capital Region advisory board, Brown also served on the Siena College board of trustees.
“We are excited to welcome David to board service at NBT,” said NBT Board Chair Martin A. Dietrich. “David’s valuable insights will help strengthen our efforts to be responsive to our customers and communities. His strong executive experience in the nonprofit sector and knowledge of NBT’s Capital Region market make him a valuable addition to the Board.”
Brown’s experience also includes serving as a member of the New York governor’s Regional Economic Council and the Diversity & Inclusion Council for the YMCA of the USA. His awards and recognitions include the Director of the Year from the Association of YMCA Professionals and NYS Governor’s African American Community Distinction.
NBT Bancorp is headquartered in Norwich and has total assets of $11.5 billion, as of March 31. NBT Bank has about 140 branches in New York, Pennsylvania, Vermont, Massachusetts, New Hampshire, Maine, and Connecticut.

ConMed to pay Q2 dividend of 20 cents a share in early July
ConMed Corp. (NYSE: CNMD), a surgical-device maker founded in the Utica area, recently announced that its board of directors has declared a quarterly cash dividend of 20 cents a share for the second quarter. The dividend is payable on July 6 to all shareholders of record as of June 15. ConMed manufactures surgical devices and
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ConMed Corp. (NYSE: CNMD), a surgical-device maker founded in the Utica area, recently announced that its board of directors has declared a quarterly cash dividend of 20 cents a share for the second quarter.
The dividend is payable on July 6 to all shareholders of record as of June 15.
ConMed manufactures surgical devices and equipment for minimally invasive procedures. The firm’s products are used by surgeons and physicians in specialties that include orthopedics, general surgery, gynecology, neurosurgery, thoracic surgery, and gastroenterology.
ConMed in late April reported sales of nearly $233 million in the first quarter, up almost 9 percent from the year-ago quarter. Based on the first-quarter results, the company increased its guidance for the full year of 2021 and now expects to generate revenue between $1.0 billion and $1.03 billion, an improvement from its prior guidance of between $975 million and $1.02 billion.
ConMed now expects to produce net earnings per share in the range of $3.05 to $3.20 for 2021, an improvement from its prior range of $2.85 to $3.05.
ConMed, which was headquartered in the Utica area for 50-plus years, on Jan. 1 designated Largo, Florida (the Tampa Bay area) as its corporate headquarters Its Utica–area facility is located at 525 French Road in New Hartford, where the company continues to maintain its manufacturing, finance, human resources, legal, and other corporate functions. The Florida office houses its CEO and other key executives.
New York egg production up more than 2 percent in April
New York farms produced 142.7 million eggs in April, up 2.3 percent from 139.5 million eggs in the year-prior period, the USDA’s National Agricultural Statistics Service (NASS) recently reported. The number of layers in the Empire State averaged under 5.74 million in April, up more than 3.7 percent from nearly 5.53 million layers a year ago.
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New York farms produced 142.7 million eggs in April, up 2.3 percent from 139.5 million eggs in the year-prior period, the USDA’s National Agricultural Statistics Service (NASS) recently reported.
The number of layers in the Empire State averaged under 5.74 million in April, up more than 3.7 percent from nearly 5.53 million layers a year ago. April egg production per 100 layers dropped 1.4 percent to 2,488 eggs from 2,523 eggs in April 2020.
In neighboring Pennsylvania, farms produced almost 739 million eggs during April, down 2 percent from more than 753 million eggs a year earlier.
U.S. egg production totaled more than 9.19 billion eggs in April, up 1 percent from under 9.1 billion eggs in April 2020.

OCRRA names Zaccaria to board of directors
SALINA — The Onondaga County Resource Recovery Agency (OCRRA) recently announced the appointment of Rick Zaccaria of Baldwinsville to its board of directors. Zaccaria is an entrepreneur, inventor, and president of Zaccaria Development, LLC, as well as a multi-center franchise owner of local UPS Stores. He brings “decades of business acumen and creativity to OCRRA,”
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SALINA — The Onondaga County Resource Recovery Agency (OCRRA) recently announced the appointment of Rick Zaccaria of Baldwinsville to its board of directors.
Zaccaria is an entrepreneur, inventor, and president of Zaccaria Development, LLC, as well as a multi-center franchise owner of local UPS Stores. He brings “decades of business acumen and creativity to OCRRA,” the agency said in a release.
Zaccaria has served on the Van Buren Town Board, Onondaga Civic Development Corporation, as well as the Cicero Chamber of Commerce.
OCRRA implements the community’s solid-waste management plan on behalf of Onondaga County, including its recycling and composting programs.

Gorczynski takes over as M&T Bank’s CNY regional president
Gorczynski, a 16-year M&T veteran, previously served as commercial bank senior group manager for M&T in CNY, after working as a commercial-relationship manager. Earlier in his career, he worked as a regional commercial executive at HSBC in CNY and as an auditor at KPMG Peat Marwick. Gorczynski says he’s excited to take on his new
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Gorczynski, a 16-year M&T veteran, previously served as commercial bank senior group manager for M&T in CNY, after working as a commercial-relationship manager. Earlier in his career, he worked as a regional commercial executive at HSBC in CNY and as an auditor at KPMG Peat Marwick.
Gorczynski says he’s excited to take on his new challenge and build upon the work of Naples, who retired after 16 years with M&T Bank. Naples’ 48-year banking career culminated in his role as M&T’s regional president, overseeing an area that stretches across Central New York and the Mohawk Valley.
“The good news is Allen left the ship in great shape. I think we fared during the pandemic pretty well,” Gorczynski says in a May 14 interview with CNYBJ. “My job is to just continue to carry the torch that Allen has carried so well here for so many years. Being really attuned to our customer needs, being able to act quickly when we need to, and then delivering it with that personalized touch — those things never go out of style whether it’s Allen, whether it’s me, whether it’s my successor someday.”
Gorczynski started as M&T Bank’s CNY regional president in mid-May. Naples’ last day with the bank was May 28.

Naples, in the same interview with CNYBJ as Gorczynski, reflected on his long career and posited that now was a good time for a change in leadership.
“I thought of [retiring] a couple years ago but I just wasn’t ready and then COVID hit, and I couldn’t do anything while we were in that kind of a scenario with all the support that everybody locally needed. So I stuck with it [until the timing was better],” Naples says.
He continues, “I’m a real change agent. I believe in change in terms of the way we operate. It was time for a change. We have a lot of young folks here … I just felt they needed a change in terms of managers and outlooks and Steve brought that. Steve has been with me for about 20 years between HSBC and M&T Bank, and he was the perfect person to take over the helm and drive our process and our ability to deliver to customers, to the next level.”
M&T Bank has 45 offices and employs nearly 450 people in its Central New York region, which covers Onondaga, Cayuga, Oswego, Madison, Herkimer, Jefferson, Lewis, Oneida, and Seneca Counties.
The bank recently opened a new branch in downtown Syracuse’s Armory Square on the ground floor of M&T’s new Central New York banking headquarters at 250 S. Clinton St., which will soon open to employees who are now working remotely.
M&T says it invested about $7 million to renovate its new regional headquarters and branch, as well as to upgrade them with the latest technology, furniture, and equipment. More than 125 financial professionals — including those working in retail and commercial banking, wealth management, and insurance — will have offices on the building’s fourth floor.
VIEWPOINT: How to Find Donors, Volunteers, and Employee Retirees Now
“Those who are happiest are those who do the most for others.” — Booker T. Washington Fifteen months has now passed since the COVID-19 pandemic was officially announced. We have an entire country of individuals, apart from our front-line heroes, who are desperately trying to reconnect and return to life in the “new normal.” The three ideas and
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“Those who are happiest are those who do the most for others.” — Booker T. Washington
Fifteen months has now passed since the COVID-19 pandemic was officially announced. We have an entire country of individuals, apart from our front-line heroes, who are desperately trying to reconnect and return to life in the “new normal.” The three ideas and corresponding suggestions described further below should not and cannot wait until the second half of 2021. “Now” is the operative word for board and management team members of every tax-exempt organization.
The quotation above from Booker T. Washington is so true. If you live a life of giving to others, you will be happier, and the satisfaction level of being a giver, not a taker, is emotionally gratifying. The feeling is the exact opposite of the Rolling Stones song, “(I Can’t Get No) Satisfaction.”
Finding donors now
Stock markets are at or near all-time highs. Many individuals of wealth have accumulated an extraordinary amount of disposable income, and virtually every American has been affected by the pandemic crisis. I am not a psychologist or a psychiatrist, but I do believe that the opportunity to connect and cultivate donors is now.
Please consider the following suggestions
• The Central New York Community Foundation has an extensive array of alternatives that provide maximum flexibility to donors through its various trust-and-estate service offerings and donor-advised funds where individuals can donate a variety of assets, including appreciated securities, stock in closely held businesses, or real estate.
• If you, as a donor, are more interested in direct contributions for the benefit of organizations that you want to support, now is an excellent time to consider appreciated stock donations that will provide the donor with substantial tax benefits in the form of charitable deductions. We know that the recently passed New York State budget included an increase in tax rates for high net worth and wealthy individuals. At the federal level, President Joe Biden has announced several initiatives that will result in increased federal-tax rates as well.
• Based on my 48 years of experience in serving tax-exempt organizations, I strongly recommend that you consider making donations to organizations that address poverty, hunger, shelter, and education, particularly those serving city residents and those less fortunate among us.
Finding volunteers now
Those born in the final year of the “Baby Boom” will be turning 65 in 2029. From now until then, about 10,000 people a month, on average, will be retiring from employment and walking away from their careers. If you consider that people born in the first year of the Baby Boom began retiring in 2011, there has been no better opportunity for the available pool of volunteers to be cultivated. After all, many of them want to reconnect with society and possibly support charitable causes. Please consider reaching out to the following individuals or organizations:
• Former employees who have retired
• Retiree friends of current employees
• Radio and television public-service announcements and/or community support programming slots
• Digital and social media — Facebook, Instagram, Twitter, Tik Tok, YouTube, etc.
• Rotary, Kiwanis clubs, and other fraternal organizations
Finding employee retirees
The number of retired individuals in New York state has never been greater than it is right now. In addition, there are about 7 million New Yorkers who are eligible for Medicaid benefits. As you may know, the Medicaid program was developed in 1965 as a “safety net” program for supporting the poor, disabled individuals, and those with serious chronic health conditions. We all know that once we started driving around this spring, virtually every employer is hiring due to an ongoing workforce crisis exacerbated by the pandemic and supplemental unemployment benefits. Many tax-exempt health and human-service providers are desperate to fill vacant positions in serving individuals in need.
I believe that the pool of early retirees and Baby Boom retirees represent a significant opportunity for employers. Please consider the following strategies:
1) Offering extremely flexible part-time work schedules that will establish a “float pool of part-time shift replacement staff”.
2) Connecting with Baby Boomers wanting to expand their job satisfaction through a “labor of love.”
3) If you don’t ask, you’ll never know. A number of Baby Boomers and retirees may be willing to donate a portion of their compensation back to your organization. While this may not be a significant percentage of your “float pool,” cultivating just a couple of individuals to fill vacancies while also establishing a new donor relationship would truly be a win-win.
4) Schedule organized-program site tours instead of or in addition to job fairs. I have been amazed by the red-hot real estate market both in our area and throughout the country. People are wanting to get outside and reconnect. There is no better way to ask a Baby Boomer about volunteering or part-time employment than for the individual to see first-hand the impact of their service coupled with the emotional satisfaction derived from a purpose-driven commitment.
5) Go where they go, with direct recruitment activities. In the post-pandemic “new normal,” we’ll see increasingly more gatherings of individuals anxious to re-establish social interaction. And now, in many cases, you can Zoom into book clubs, wine tastings, memorial services, car shows, golf tournament dinners, and many, many more gatherings that are attended by Baby Boomers.
No one will readily acknowledge that the suggestions provided above represent easy solutions. If the solution were easy, there would be no workforce crisis, and the need for this column would disappear. As management and board members, your leadership in pressing forward to identify unique approaches to solving the workforce crisis is now a necessity.
Gerald J. Archibald, CPA, is a partner in charge of the management advisory services at The Bonadio Group. Contact him at garchibald@bonadio.com

Syracuse’s NISA soccer club to start playing next year
ONONDAGA — Samir Belhseine wants to bring professional soccer back to Central New York, and his group has applied to the National Independent Soccer Association (NISA) to make that happen. AC Syracuse Athletic Club expects to begin play in 2022. Team and Onondaga County officials on May 20 made the announcement at Onondaga Community College
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ONONDAGA — Samir Belhseine wants to bring professional soccer back to Central New York, and his group has applied to the National Independent Soccer Association (NISA) to make that happen.
AC Syracuse Athletic Club expects to begin play in 2022. Team and Onondaga County officials on May 20 made the announcement at Onondaga Community College where the club will play its home games.
“I am very excited to bring a professional soccer team back to Central New York,” Belhseine said in a release. “Syracuse hasn’t had an outdoor professional team since 2004. AC Syracuse believes this is the right time to establish something very special and give players the unique pathway to transcend from grassroots to the professional level.”
Belhseine spent 29 years as a Dunkin’ Donuts franchisee with stores in Syracuse, Rochester, and East Orange, New Jersey. In 2019, he sold his franchises and bought Ecars USA, an automotive sales and service company based in Rochester.
The club’s development pyramid includes a youth program that features an academy team, club and recreational teams, as well as a club in United Women’s Soccer.
The group hopes to “provide a clear path” for players to develop and ascend through the pyramid and on to the professional team, per the release.
AC Syracuse is looking for community input, support, and participation. The club has also launched a contest, inviting the entire Syracuse community to vote on its favorite club mascot. The top 32 names at the end of the voting-submission window will be entered into a bracket where fans will vote bi-weekly until a winner is selected at the New York State Fair.
About NISA
Founded in 2017, the Chicago, Illinois–based National Independent Soccer Association wants to bring professional soccer to “every city in the United States.”
A pro-league member of U.S. Soccer, NISA contends that its model is based on meritocracy, independent clubs controlling their own league, and clubs owning their intellectual property, all without the barrier of territorial rights. A member of the U.S. Soccer Federation, NISA also operates the mid-summer Independent Cup, which is open to both independent professional and amateur clubs.
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