voice of business · 2 novemberdecember 2015 from the ceo daan braveman, chairman of the board...
TRANSCRIPT
insideMirrorShow Tops Rochester Top 100
Chamber Speaks Out on Workforce Development
Meet Board Member Brian Hickey
Holiday Closing Survey Highlights3 7 118
Upstate Revitalization Initiative Supported by Chamber Board
November/December 2015
Voice of Business
This issue sponsored by:
Newsletter
The RBA/Greater Rochester Chamber of Commerce board of directors voted to
support the Finger Lakes Regional Economic Development Council’s “United for Success: Finger Lakes Forward” Upstate Revitalization Initiative (URI) plan. FLREDC co-chairs Danny Wegman and Joel Seligman gave a presentation of the plan to the board at RBA headquarters. The three Upstate New York regions that make the most compelling argument will be designated as “Best Plan Awardees” in the URI competition and will receive $500 million each that will go to projects identified by the regional councils.
Seligman said, “This is a big, big deal. It’s making a difference. It’s not part of the DNA of the state. Rather than speaking directly to a representative in the senate or assembly seeking money, we are now doing it in a way that better reflects community interests and better reflects our strategy.”
The “United for Success: Finger Lakes Forward” plan to grow jobs, increase regional wealth, attract private investment, and reduce poverty focuses on the three main pillars of Optics, Photonics, and Imaging, Agriculture and Food Production, and Next Generation Manufacturing and Technology. Enablers include Pathways to Prosperity: Workforce Development, Entrepreneurship and Development, and Higher Education and Research. The entire plan rests upon the foundation of the quality of life found only in New York’s Finger Lakes region.
Wegman said, “The hard work of preparing
our URI plan has resulted in an even stronger partnership across the nine counties, as we diligently elevated the region’s well-focused economic strategy to new heights. We thank Governor Cuomo for this opportunity and everyone who offered a wealth of valuable input throughout the process. We believe our plan will continue to accelerate the transformation of our regional economy and demonstrate that we are united for success and ready
to move the Finger Lakes forward.”
RBA/Greater Rochester Chamber of Commerce CEO Bob Duffy said, “I don’t think anyone can imagine the volunteer time put in by Danny Wegman and Joel Seligman on this plan. They run the two largest employers in this region and they probably spend as much or more time on their regional council duties. I want to thank both of them and their team because this is an incredible plan that has the potential to bring with it an unprecedented transformation of our region.”
Some of the suggested projects for funding,
should the Finger Lakes region win a URI award, include a manufacturing expansion in Rochester called Project Cataract; support of FLX Food, an initiative focused on organics and the future of the food ecosystem; and attention to projects at Eastman Business Park, the Downtown Innovation Zone, and Genesee County’s Science and Technology Advanced
Manufacturing Park.
Empire State Development Finger Lakes Regional Director Vincent Esposito explained how the funding works for winning regions. “It’s a $500 million commitment by the state over the next five years to the three regions that submit winning plans,”
Esposito said. “Once a region wins, projects that want to seek those funds will submit an application that the council will review first. If a project meets the plan, the council can then recommend it to the state, which makes the final funding decisions and is the entity that directly funds the project applicants.”
To read the full “United for Success: Finger Lakes Forward” Upstate Revitalization Initiative plan, visit http://on.ny.gov/1jdji3k. To express your support for the plan, sign the online petition at http://on.ny.gov/1NubEfs.
New York State plans to announce winners of the Upstate Revitalization Initiative competition sometime in December.
2 November/December 2015
From the CEO
Daan Braveman, Chairman of the BoardNazareth College of Rochester
Dave Fiedler, TreasurerESL Federal Credit Union
2014-2015 Board Officers
RBA Senior StaffRobert J. DuffyPresident and CEO
Bill Anderson Sr. director, support services [email protected]
Colleen DiMartinoChief of [email protected] Kevin Donahue Director, [email protected]
Kathy Richmond Sr. director, human resource [email protected]
Nina Shelton Director, group health [email protected]
Dan SmithSr. director, membership and [email protected]
Tammy StefaniDirector of accounting [email protected]
Chris WiestVice president of public policy and [email protected]
Voice of Business is the official newsletter of Rochester Business Alliance, published at 150 State St., Rochester, NY 14614. Articles printed are for information only and are not intended to render legal advice.
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Bob Duffy
Since Rochester Business Alliance announced in July that it plans to rebrand
as Greater Rochester Chamber of Commerce next year, many people have asked me why. The main reason is to avoid confusion about what RBA does. Rochester Business Alliance was born out of the 2003 merger of the Industrial Management Council and Greater Rochester Metro Chamber of Commerce. Returning to our roots as the Rochester Chamber makes clear our mission and role in the community.
As the Greater Rochester Chamber of Commerce, we plan to maintain the services that our members find most valuable as well as add new offerings to help businesses grow and prosper. We also plan to broaden our advocacy efforts not only at the state and federal levels but also locally in our nine county region. We plan to develop new ways to connect businesses with each other and potential market opportunities here at home, across New York, and outside the state. It’s all part of any chamber of commerce’s mission to serve, protect, and promote members with one hundred percent effort every day.
As part of better serving all nine counties in the Rochester Chamber area, members of my staff and I have started outreach in the form of visits to each county. We recently spent days in Ontario, Orleans, Yates, and Seneca counties, meeting with current Rochester Business Alliance members, economic development officials, and our counterparts at other chambers of commerce. In these outreach visits, we ask our members how we can better serve them and increase their return on investment. We also want to spread the word to other businesses about the value that comes with a Rochester Business Alliance/Rochester Chamber membership.
I want to be clear that the Greater Rochester Chamber of Commerce is not doing this to compete with other chambers. We plan to collaborate and look for ways that we can work side-by-side with one another. When you compare a large chamber of commerce like ours with some of the local chambers, there may be advantages for one over another to a business or there may be an advantage to be a member of both. We acknowledge that there are local chamber activities that some businesses may find more valuable than what they would get as part of a regional
chamber. Our goal is to show that whether a business chooses us, a local chamber, or both, we provide great value and are working to increase that value.
Collaborating with local chambers, we have a stronger voice with greater numbers. We need to advocate for issues that impact the business community including the regulatory and legislative challenges we face. One thing that I would like to borrow and apply to the business community comes from organized labor. Unions have, over the years, done a very good job mobilizing their members to stand up for issues important to them. The business community has not done as good of a job on that. While business may be viewed as corporate CEOs or top-level management, we need to mobilize all levels of business. That would create the most powerful voice that we could ever assemble. The Greater Rochester Chamber of Commerce intends to magnify that voice. I had the advantage of working with Governor Cuomo for four years and see how he would knit together support on a variety of issues. He was very organized in bringing together people and mobilizing them. I intend to take the lessons that I learned in Albany and apply them to the needs of our business community in the Finger Lakes region and across our state.
Governor Cuomo has often mentioned that we need our legislators to create an upstate caucus to work more as a team for upstate issues. I will apply that same logic. We need the same focus on the upstate business community. We need to mobilize everyone from the CEOs down to the last employees hired across our region and across our state to stand up for issues, exercise their right to vote to increase the influence they have, and to keep our upstate economy growing.
If we don’t solidify our efforts now, especially with AIM Photonics coming to Rochester and the potential for a half billion dollar state investment through the Upstate Revitalization Initiative, it will be an opportunity lost.
3www.RochesterBusinessAlliance.com
New Member Profile: Marketview Liquor
Voice of Business
RBA welcomed new member company Marketview Liquor in September and had a moment to get acquainted with owner Michael Palmeri, Jr. about this business.
Tell us about your company Marketview Liquor, formerly Vintage Liquors in Penfield, moved to Henrietta in 1988. In 2003, the store expanded to its current location and has become one of the most successful wine and liquor stores in the state. We began this business in 1972 and currently have 43 employees.
What prompted you to join RBA? I joined the chamber because I am concerned about certain actions taken by the New York State Liquor Authority, which are punitive rather than supportive. I am also concerned with government agencies such as COMIDA, creating retail space when we currently have an overabundance of un-leased space. As an individual, I do not have the resources to combat these issues. I am hoping for support from the chamber.
What business/economic challenges are you currently facing? More competition, a shrinking customer base, higher taxes, and huge health insurance regulation/costs. I am currently paying my payroll company a monthly fee just to make sure I am health insurance compliant.
What is your business outlook for 2016? We will do less business for the remainder of 2015 than in 2014. I would predict this downward trend would level off in 2016.
www.marketviewliquor.com/
Mirror Show Management Tops 2015 Rochester Top 100
Mirror Show Management, a Webster-based trade show and events marketing
services agency, claimed the number one spot on the 2015 Rochester Top 100 list of the fastest-growing privately held businesses in the Greater Rochester region. Auto dealers Henderson Ford and Bob Johnson Automotive rounded out the top three. The Rochester Top 100 is a Rochester Business Alliance and KPMG LLP program that ranks businesses based upon both dollar and percentage revenue growth.
Rochester Business Alliance President and CEO Bob Duffy said, “It is encouraging to see the wide range of business types that make up the Rochester Top 100. Service businesses led the way with technology, manufacturing, and construction close behind. This type of diversity bodes well for the future of our region’s economic vitality.”
To be eligible for the Rochester Top 100, businesses must be independent, privately held, headquartered in the nine-county Rochester region, and have revenue of at least $1 million in each of the three most recent fiscal years. The program recognizes Rochester’s reputation as a region of innovation spurred by a strong entrepreneurial spirit. The 2015 Top 100 companies combined for over $12.6 billion in revenue and employed nearly 100,000 people in the last fiscal year.
Mirror Show Management President Donna Shultz said, “I am thrilled that MSM is number one but frankly a bit shocked. We’re so busy focusing on doing a great job for our clients, then we lift our heads and suddenly we’re here. Absolutely all the credit is due to the incredible people at MSM and I am forever grateful to each and every one of them.”
Henderson Ford President Randy Henderson said, “Our fleet sales led to much of our recent growth. Rapid growth involved demanding workloads and our team pulled together. We are blessed with supportive people - our family of employees who make it happen daily, our respective families maintaining life’s balance, and our long-tenured customers who are like family too, challenging us to be sharp. I am very thankful
for God’s blessings and the opportunity to serve our community with so many dedicated people.”
Bob Johnson Automotive President Greg Stahl said, “We have been in the top 100 for over 20 years and I give all of the credit for this consistent growth to our tremendous employees and great customer base.”
The business community gathers at the Joseph A. Floreano Rochester Riverside Convention Center November 4 for the 29th annual Rochester Top 100 Awards Luncheon.
The nomination process for the 2016 Rochester Top 100 begins in February. For more information, contact RBA Events and Affiliate Relations Director Susan George.
4 November/December 2015
Voice of Business
Rochester Business Alliance welcomes its new membersAAA Sound Service & Low Voltage ......www.aaasound.comAlcott HR ...................................................www.alcotthr.comAmerican Marketing Association | Rochester .www.ama-rochester.org American Red Cross of Greater Rochester ... www.redcross.org/ny/rochester Appraisal & Consulting Services ...........www.appraisalandconsulting.com Archer Communications ........................www.archercom.comBenefitfocus ...............................................www.benefitfocus.com Call-Jane Seniors Consulting ..................www.call-jane.com Career Start ...............................................www.careerstartny.comCEM Properties, LLC ..............................www.cemproperty.com CGI Communications .............................www.cgicompany.comCHESS Mobile Health, Inc. ......................www.chessmobilehealth.comChildren Awaiting Parents ......................www.capbook.orgChristi Plastics, Inc. ...................................www.christiplastics.comChristopher Williams Agency Inc. ..www.christopherwilliamsagency.comComTon, Inc. .............................................www.comtoninc.comDaniel Hoh + Associates, Inc. .................www.danielhoh.comDennis Shew/Keller Williams GR Realty ..www.DennisShew.realtorECC Technologies, Inc. ..................www.ecctechnologies.comElectrical Association of Western New York ..www.eawny.comElectronic Field Productions, Inc. ..........www.efponline.comeni (Employee Network, Inc.) ................www.eniweb.comFounders Cafe Inc. .................................www.FoundersCafeRochester.comHNP Capital LLC ............................................www.hnpcapital.comInsurance Trak Services .................................www.insurancetrak.comLegalShield Corporation ............................... www.jlmelvin.legalshieldassociate.com
LeGault Limousine .........................................www.legaultlimo.comLittler Mendelson, P.C. .......................www.littler.comLivadas Consulting ..........................................http://lividas.consultingMaines Paper & Food Service Inc. ...............www.maines.netMarketview Liquor Inc. ..................................www.marketviewliquor.comMcAlister’s Deli ....................................www.McAlistersDeli.com McArdle Burkhardt LLC .......................www.MakePerformanceBetter.comMy Fleet Dept, DBA EV Charge Solutions ........evCHARGEsolutions.com Nicosia Law, PC ..............................................www.nicosialawpc.comNORCHAR Realty Group ............................www.norchar.comP3 Systems, Inc. ...............................................www.p3online.comPrism Tradeshow Lighting .............................www.tradeshowlights.comRBSmithRochester School of Fitness ................www.rochesterschooloffitness.com Samson Fuel .......................................www.samsonfuel.comTana Consulting ..............................................www.tanaconsulting.netTech Startup Expo ..........................................www.techstartupexpo.comthree+one ......................................................www.threeplusoneadvisors.comUpstate Vegas Events .....................................www.upstatevegasevents.comVistage International/Lights On Consulting www.Linda-Murphy.branded.meWhitney & Company .........................www.whitneycompany.net
*Company listed in blue denotes our Partner Member*
Infrastructure Report Card Gives NY Infrastructure C- Rating
The American Society of Civil Engineers (ASCE) gave New York an overall C-
grade on its inaugural Infrastructure Report Card. Roads and bridges received grades of D- and D+, respectively, because of their state of deterioration and lack of adequate funding to improve conditions.
Rochester Business Alliance/Greater Rochester Chamber of Commerce CEO Bob Duffy participated in a news conference where the local ASCE chapter announced the infrastructure grades. Duffy said, “Infrastructure is critical to commerce. Business depends upon safe and reliable roads and bridges to deliver their goods and services to customers. Rochester Business Alliance supports ASCE’s call for increased attention on public investment in New York’s infrastructure in order to make the traveling public safer, boost the economy, and create jobs.”
In addition to the roads and bridges grades, wastewater received a grade of D while the
categories of public parks and solid waste both earned the highest grade of B-.
The Infrastructure Report Card goes on to highlight how the current condition of New York’s infrastructure creates a drag on the state’s economy. Poor road conditions and traffic congestion cost motorists a total of $6.3 billion statewide; an average of $402 per Rochester motorist. Of New York’s more than 17,000 bridges, more than half are older than 75 years. The national average age of a bridge is 42 years.
Associated General Contractors of New York State CEO Mike Elmendorf said, “New York can’t be open for business if its roads and bridges are closed. This report card is an example of why New York State must commit the significant resources required to meet our infrastructure needs.”
To read the full American Society of Civil Engineers New York Infrastructure Report Card, click here.
Duffy to Lead Photonics Leadership CouncilSUNY Polytechnic Institute announced the appointment of RBA CEO Bob Duffy as chairman of the AIM Photonics Leadership Council. The council establishes the strategic and technical direction for the $600 million Integrated Photonics Institute for Manufacturing Innovation announced in July by Governor Andrew Cuomo and Vice President Joe Biden at SUNY Poly’s Rochester-region high-tech facility at Canal Ponds.
As Chairman, Duffy will assume key leadership responsibilities including direct engagement with industry and government stakeholders, strategic planning and management, and guiding photonics-enabled innovation and job creation in Rochester and across Upstate New York.
Duffy said, “I look forward to working with AIM leadership on ensuring the best possible return on this public investment through effective governance, engaging with industry partners, and continually recruiting new companies and jobs to the area.”
5www.RochesterBusinessAlliance.com
Connecting BusinessRochester Business Alliance offers a variety of events each month. For more photos, visit our Facebook page.
RBA met with a contingent from
Rochester sister city Caltanissetta,
Italy to discuss economics and to
celebrate 50 years of friendship.
Maines Paper & Food Service celebrated
the grand opening of its Food and
Party warehouse in Greece.
The Committee for a Strong Economy,
RBA’s political action committee,
hosted a cocktail reception featuring
locally endorsed candidates.
The High Blood Pressure
Collaborative of RBA and FLHSA
hosted an Urban Wellness Summit
in late September.
The Workers’ Compensation
Committee meets regularly to discuss
how to control these business costs.
RBA staff visited L-3 GCS, which
provides military and commercial
satellite communications systems.
During this networing event, guests
explored Dixon Schwabl’s eclectic office
space while enjoying refreshments
and making business contacts.
RBA leaders met with economic
development leaders and other Chamber of
Commerce leaders in Wayne county.
RBA Member ConServe recently opened
an office in Henrietta to serve as a
Communication Center.
Speed networking introduces business
professionals in three-minute intervals
to make short introductions.
A tour of RBA member company Ferro
Corporation was one stop during a
visit to Seneca and Yates Counties.
RBA showed support for chamber
members Uber and Lyft during a ride
sharing news conference downtown.
6 November/December 2015
Voice of Business
Rochester Business Alliance is made up of employers big and small, in just
about every industry imaginable. While our programs and events are designed for all, we recognize that there are times when employers and employees want to be among a smaller group that shares their specific business issues. Here are some of our affiliates’ upcoming events:
Associated New York State Food Processors • Dec. 4 - Holiday Luncheon nyfoodprocessors.org Greater Rochester Quality Council • Nov. 5 & 6 - Quality for Leaders Seminar • Nov. 16 - Healthcare Forum • Dec. 10 - Holiday Reception www.grqc.org Small Business Council of Rochester • Nov. 18 - Boot Camp: Top 10 IT Tips • Nov. 20 - SBC Cares 3000 Thanksgiving Appeal www.rochestersbc.com Rochester Hispanic Business Association • Nov. 17 - RHBA Lunch Series • Dec. 3 - RHBA Holiday Party www.rochesterhba.org The Women’s Council • Nov. 18 - Building Your Briefcase: ATHENA Roundtable www.RBAWomenscouncil.org
Through our affiliate groups, you can meet business people who share your interests and challenges.
Upcoming Affiliate Events
Rochester Hispanic Business Association Elects Burgos-Torres Board Chair
The Rochester Hispanic Business Association, a Rochester Business Alliance
affiliate, elected Burgos Income Tax Business Services Manager Vilma Burgos-Torres as chair. RHBA also elected officers for two-year terms.
Burgos-Torres, a Puerto Rico native, was the first in the Burgos family to venture into the business world. She became a tax preparer while still in high school and after graduating she began offering personalized tax services at her customers’ homes as a means of financing her education. Burgos-Torres has always had a deep commitment to community; she was on the founding Board of the Puerto Rican Youth and Resource Center and founding group of Latinas Unidas. She has served on many advisory boards including the first Bilingual Education Advisory Board for the Rochester City School District.
Upon her election as Rochester Hispanic Business Association board chair, Burgos-Torres said, “I am honored to be the second
woman chosen to head the Rochester Hispanic Business Association in its 26th year. With the help of the amazing board members and the membership, I hope to increase member benefits, enhance our website features, and review and update our governance policies.”
Burgos-Torres succeeds Hiram Hernandez, Sr. as RHBA board chair. Hernandez remains on the board as an at large member. Others elected to the RHBA board include Kelly Mullaney as vice chair, Grace Tillinghast as chair adviser, Jane Sutter as secretary, Lisa DeVinney as treasurer, and Sergio Esteban, Luis Martinez, and Luis Ormaechea as at large members.
Board members serve a two-year term, expiring at the end of September, 2017.
Rochester Business Alliance/Greater Rochester Chamber of Commerce
affiliate the Small Business Council of Rochester celebrated its Business Person of the Year awards at a luncheon October 21. Capstone Information Technologies co-CEOs Michael and Sitima Fowler took home the award in the fewer than 50 employees category. eHealth Technologies CEO Ken Rosenfeld received the SBC Business Person of the Year award in the 50 and more employees category.
In accepting the award, Rosenfeld acknowledged that the work of an entrepreneur is difficult, but the work of the eHealth Technologies team makes it worthwhile. Rosenfeld said, “In the words of Arun Ghandi, we are striving to leave the world a better place than when we entered it.”
Upon receiving the fewer than 50 employees award, Sitima Fowler said, “For every one
success there’s 10 failures so you have to persevere and the goal is that at the end we’re creating value for this world and providing a livelihood not just for our own families but for our staff, giving them an opportunity to live their dreams.”
The Small Business Council of Rochester Business Person of the Year awards recognize small business leaders who have demonstrated success professionally and who have also contributed to the overall well-being of the community.
(L to R) Ken Rosenfeld, Sitima Fowler, Michael Fowler
SBC Business Person of the Year Award Winners
7www.RochesterBusinessAlliance.com
Public PolicyChamber Speaks Out on Workforce Development
Unshackle Upstate Update
Wiest Named to US Chamber of Commerce Education, Employment, and Training Committee
The United States Chamber of Commerce appointed RBA/Rochester Chamber Vice
President of Public Policy and Advocacy Chris Wiest to its Education, Employment, and Training Committee. The appointment gives the Rochester Chamber a voice in establishing policy positions of the nation’s largest business advocacy group.
The EETC directs U.S. Chamber policy on issues that affect education and workforce development, including workforce
Recognizing the importance of having an educated workforce to fill jobs and grow
our economy, workforce development is becoming an increasingly popular topic for employers and our community. Recently, RBA President and CEO Bob Duffy testified at a NY State Senate Task Force on Workforce Development hearing to discuss issues and programs important to the Finger Lakes region. Duffy spoke about the importance of the Rochester Anti-Poverty Initiative and the work of its workforce development subgroup, programs underway at local colleges, the job-creating potential of AIM Photonics and the Finger Lakes Regional Economic Development
Council plans. Duffy also mentioned the importance of ensuring existing employers receive the necessary help they need to be successful from the state. As Duffy said, “Without a well-trained and educated workforce, employers will be constrained to find the necessary talent to grow. Without sufficient resources for workforce training, our existing or future employers will not be able to fill the jobs necessary to expand their business and drive our economy. Without a strong, supportive business climate, employers will be unable to create more jobs.” To read the full testimony, click here.
development preparation, pre-K-12 education reform, postsecondary education, and career and technical education, among others. The committee’s existing policy statements guide the U.S. Chamber’s work on issues related to workforce and education. For more information on the EETC and its positions, click here.
The 2015 legislative session proved to be another successful one for Unshackle
Upstate and its partners. In the face of intense pressure from Albany special interests, Unshackle led the charge to extend the historic property tax cap for five more years. The tax cap has saved upstate taxpayers more than $2 billion since 2011. Ensuring the cap remains in place and continues to deliver desperately needed tax relief for home and commercial property owners is critical to attracting and retaining investment across the region.
We also saw several priority economic
development policies identified in our 2015 policy agenda extended or established as a result of strong and constant advocacy efforts; The Brownfields Cleanup Program, the Design-Build project delivery model, significant investment in existing and future infrastructure, and the $1.5 billion Upstate Revitalization Initiative are all major policy achievements that are central to making Upstate New York more business friendly.
2016 brings a new set of challenges, but also a new set of opportunities. Because of our tax and regulatory climate, upstate regions continue to see significantly less job growth
than our downstate neighbors. Working with our chamber partners across the state, Unshackle Upstate will again be the leading voice in Albany for responsible state spending, comprehensive tax and mandate relief, equitable investment in upstate infrastructure, and regulatory reform that will make Rochester and upstate places where existing businesses can prosper and new ones will want to locate.
Election Day is Nov. 3
This year, voters have an opportunity to elect the Monroe County Executive, District Attorney, and other local seats such as County Legislator, City Council, School Board, and a number of town races.
View our 2015 candidate endorsements here. Visit www.elections.ny.gov/ for more information on candidates, races, and polling places.
8 November/December 2015
Human Resources
An email invitation to sign up for 1st quarter 2016 surveys will be sent to HR contacts on December 2. To sign up now instead, click here.
Survey Spotlight
Questionnaires Deadline Release Survey Sent Date Date (week of) (week of) (week of)
2016 Holiday Closing Survey Highlights
Discounted Labor Law Posters Available to Members on GovDocs
This is the time of year when the RBA/Rochester Chamber HR Helpline
receives many calls from members asking which holidays other Rochester-area employers are observing in the coming year. To meet this need, RBA conducts the annual Holiday Closing Survey on behalf of its members.
The year 2016 will present the unique challenges of both Christmas Day and New Year’s Day falling on a Sunday. As a result, employers must decide whether to designate the observed holiday on the Friday before and/or the Monday after. Best practices show that when holidays fall on a Saturday, employers observe it the Friday before, while holidays that fall on a Sunday are typically observed on the following Monday. When a holiday falls mid-week, employers adjust accordingly.
A few highlights from the RBA 2016 Holiday Closing Survey follow.
• On average, employers give 8.5 paid holidays per year, with a low of 6 holidays, and high of 14 holidays.
• Full-time employees are eligible immediately upon hire according to 76 percent of respondents.
• Independence Day 2016: Most respondents, 99 percent, will observe the holiday on Monday, July 4, and 11 percent also plan to close on Tuesday, July 5.
• Thanksgiving 2016: Most respondents, 99 percent, will observe the holiday on Nov. 24, and 80 percent will give employees Friday off as well.
• Christmas 2016: 92 percent will be closed on Monday, Dec. 26, while only 57 percent plan to close for a full or half day on Friday, Dec. 23. However, 50 percent plan to close on both Friday, Dec. 23 and Monday, Dec. 26.
The above highlights are only a small portion of the data provided in the survey. Data is also
collected on holiday pay policies pertaining to new employees, part-time employees, employees working flexible schedules, and requirements to work the day before and/or after the holiday. Participants automatically receive the free results when published. Those Corporate and Partner members that were unable to participate can request a free copy of this or any other research report conducted by RBA, as a benefit of membership.
Research reports published by RBA include: Turnover and Absenteeism Survey (released in March), Pay Trends Survey (released in September), Holiday Closing Survey (released in October), and Health Benefits Survey (released in October). If you find the results useful, please consider participating in the future. Corporate and Partner members can contact Kathy Richmond at (585) 256-4618 or Jennifer Suppé at (585) 256-4608 to request a copy of any of the surveys listed above. For more information on other RBA surveys, click here.
In December 2014, Rochester Business Alliance began offering a new membership
benefit for Corporate, Partner, and Business Builder members through an agreement with GovDocs, one of the largest providers of labor law posters and compliance services in the country.
RBA members are eligible to receive a 10% discount on the price of all products purchased through GovDocs (code below). Members will also receive an email notification from GovDocs when there is a NYS and/or federal labor law change affecting a required poster.
Given that the last of three scheduled NYS minimum wage increases is effective Dec. 31, 2015, employers need to be prepared to post the updated minimum wage poster on or before that date. Since NYS has not released the 2015 poster yet, the updated NYS all-in-one poster is not yet available through GovDocs. So if you order the NYS minimum wage poster, you will get the 2014 version. Or you can choose to print the NYS minimum wage poster for free here once NYS releases the new version. It is still the responsibility of each employer
to post current state and federal labor law postings at each of your locations (don’t forget your remote employees!).We hope this service has made it easier for members to stay in compliance. RBA will also continue to keep members up-to-date on changing labor laws via articles in the weekly News & Events emails.
To place an order, go to http://www.laborlawposter.com/site/index.html. You must enter promotion code GN-RBA to your shopping cart to apply the 10% discount. Chamber members with questions can contact Kathy Richmond at (585) 256-4618 or Jennifer Suppé at (585) 256-4608.
9www.RochesterBusinessAlliance.com
Legal Briefing
David Kresock Harter Secrest & Emery LLP
What’s (Going) Up with Employee Pay?
This year we have seen an unprecedented
exercise of federal and state Executive Branch power to unilaterally increase private sector employee wages and other compensation. These measures portend a fundamental change the role of the Executive Branch in the labor market.
FLSA Exempt Employee Regulations On July 6, 2015, at President Obama’s direction, the United States Department of Labor published proposed regulations under the Fair Labor Standards Act (“FLSA”) to “update the salary level to ensure that the FLSA’s intended overtime protections are fully implemented, and to simplify the identification of nonexempt employees, thus making the EAP [Executive, Administrative and Professional] exemption easier for employers and workers to understand.” (Emphasis added.) Any government agency’s action to “simplify” a legal requirement warrants extreme caution. In this case, the DOL has “simplified” the FLSA’s most common exemptions by effectively eliminating them for many employees.
The regulations proposed by the DOL more than double the salary threshold for the traditional FLSA “white-collar” exemptions by increasing the minimum weekly salary from $455 to “the 40th percentile of weekly earnings for full-time salaried workers.” If the rule is adopted as a final regulation, the DOL states that the minimum salary for 2016 “may be about $970 a week, or $50,440 a year.” The DOL has proposed a similar change in the minimum salary for the “highly-compensated employee” exemption, increasing the threshold from $100,000 annually to “the 90th percentile of earnings for full-time salaried workers.” If adopted, the DOL estimates the new minimum will be $122,148 annually (an increase of more than 22%). Finally, the DOL’s proposal not only calls for significant increases in the minimum salary requirements, but also calls for an unprecedented annual escalator that increases the minimum salary each year. This “simplicity” will, at a minimum, require employers to
annually review each exempt employee’s salary to insure continuing compliance with the FLSA.
New York’s Minimum Wage On May 7, 2015, after he failed to obtain the New York Legislature’s agreement to adopt his proposed increases in the minimum wage, Governor Cuomo directed the New York State Department of Labor to establish a “wage board” to recommend an increase in the minimum wage for New York’s “fast food” industry. Under New York law, the Commissioner of Labor may appoint a wage board to investigate the adequacy of wages in the state. Although they have not been frequently used in the past, the Fast Food Wage Board was the second wage board convened by the Governor, and the first time a wage board has considered such a narrow sector of a recognized industry. Approximately 12 weeks later, the Fast Food Wage Board filed a report and recommendation in which it recommended dramatic increases in the minimum wage for “fast food” workers, implemented over several years, and culminating in a fast food minimum wage of $15 per hour. When announcing that the Commissioner of Labor had accepted the recommendation, Governor Cuomo stated, “[E]very working man and woman in the state of New York deserves $15 an hour as a minimum wage and we are not going to stop until we get it done.” A few days later, the Governor launched the Mario Cuomo Campaign for Economic Justice, a campaign intended to support measures that will “make New York the first state in the nation to adopt a $15 an hour minimum wage.”
Federal Contract Requirements In addition to broad-based federal and state Executive Branch action on employee wages, President Obama has also unilaterally implemented new measures applicable to businesses that have contracts with the federal government. On January 1, 2015, the federal DOL implemented Executive Order 13658, which established a minimum wage of $10.10 (with annual increases based upon inflation) for employees working on federal contracts and subcontracts. Effective January 1, 2016, the minimum wage for employees working on federal contracts will be $10.15 per hour.
President Obama issued another Executive Order on September 7, 2015 requiring federal contractors and subcontractors to provide employees with seven days or more of annual paid sick leave. Under the Executive Order, employees must earn at least one hour of paid sick leave for every thirty hours worked. The sick leave requirements apply to federal contracts and subcontracts awarded on or after January 1, 2017.
The nationwide dialogue on income inequality and fair pay has prompted action by the Executive Branch that few would have predicted as recently as two years ago. These dramatic changes have the potential to surprise an unsuspecting employer with significant liability–which may include personal liability–for unpaid wages. Whether the Legislative Branch will reassert its role in regulating the labor market remains to be seen.
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10 November/December 2015
In the Workplace
By Chip Dawson
Parting Words of Wisdom
This is my final column in the Voice
of Business. During my 46 years in the safety business, I’ve written thousands of pages focused on how to make the workplace safer for everyone. Here’s a summary of my thoughts and advice.
First—and most important—you can’t do safety without your people. They must be educated, engaged, challenged and supportive. Treat them all as the solution, not the problem. If you assume they got injured because they “screwed up,” then the problem is you, not them.
Mike Abrashoff was Commander Officer of the USS Benfold during the two years it went from the “worst” ship in the Navy to the best. He’s written two books on the experience. Must reads for any manager. At the time he took command in 1997, Secretary of Defense William Perry was a
mentor and advised Abrashoff to “assume your crew wants to do a good job. If you don’t get the outcome you want, look inward to what you could have done differently.” Abrashoff quickly learned that his crew had great ideas for any problem facing them. He just had to ask.
Next point—workers, with few exceptions, are honest and perform as they believe management expects. There is nothing positive about an injury and studies show clearly that injuries put them at an economic disadvantage regardless of any compensation they may receive. Comp is no cash cow!
Safety is not an employee benefit—it’s a critical component of a well-run business. Without effective safety, nothing works well. With it, profit and reputation and effectiveness soar. Safety goes straight to the bottom line!
Safety has nothing to do with “common sense.” OSHA regulations are a start, but getting safety right means creating a workplace culture where everyone knows and supports “this is how we do things around here.” With senior management leading, the entire team
needs to observe, assist and coach to the point of being on automatic.
Forget your injury and illness rate. Unless you’re one of the Fortune 500, your IIR has virtually no statistical significance. You need big numbers and few of you will have them. Encourage “near miss” reports and if you get enough every day, you’ll have a valid leading indicator.
Analyze every incident and near miss to find out what factors caused it. Use a tool like TOR and you’ll be amazed how the system played a significant role in cause.
Don’t run safety by committee unless you run all of your operation that way. Safety is a line management function that impacts everything you do. It’s the same for safety directors or managers. Their job is to be management advisors, nothing more—and don’t make them responsible for safety unless you give them a CEO title.
If you have questions or want more information, contact me at (585) 388-2828 or [email protected]. Be safe!
First STAMP Tenant to Create 600+ Jobs in Area
Genesee County’s Science and Technology Advanced
Manufacturing Park (STAMP), a Finger Lakes Regional Economic Development Council priority project, has its first anchor tenant. At an event at Genesee Community College featuring Governor Andrew Cuomo, 1366 Technologies CEO Frank van Mierlo announced plans to build a commercial solar wafer production plant expected to create 600 new full-time jobs in the next five years and more than 1,000 jobs in the longer term.
“We couldn’t be more proud to partner with the State of New York and contribute to the Finger Lakes Region’s vibrant future,” van Mierlo said. “Innovation, like ours, is at the heart of economic growth and jobs.”
1366 Technologies plans to invest $700 million, including a $100 million initial investment, making the facility in the Town
of Alabama the largest economic development project in Genesee County history.
Paul Battaglia, chairman of the Genesee County Economic Development Center Board of Directors said: “STAMP is the result of years of collaboration between all levels of government especially between New York State, Genesee County, the Town of Alabama, and our many partners in the private sector.”
Greater Rochester Enterprise CEO and Rochester Business Alliance board member Mark Peterson added, “This win represents tremendous collaboration between Western New York and Rochester-area economic development partners who employed a multi-regional approach to support this project via Governor Cuomo’s Regional Economic Development Council process. This begins to change the dynamic between the two cities to create a major metropolitan hub.”
1366 Technologies develops and manufactures high performance silicon wafers, the building block of solar cells and the most expensive component of a solar panel. The company’s technology transforms how the wafers are made and replaces a decades-old, expensive and wasteful manufacturing process with one step. The result slashes the cost of a wafer by 50 percent.
11www.RochesterBusinessAlliance.com
Voice of Business
Nov. 6 - I-9 Compliance Audits & Other Advanced Topics
Nov. 20 - Tactics and Tools for Reducing Conflict at Work
Dec. 4 - TBD
Time: 8-9 a.m. Location: Rochester Business Alliance 150 State St., Rochester, NY 14614Open to: Members only (no cost) To register, email Michele Hefferon at [email protected]
Friday Business Briefings
Meet RBA Board Member Brian Hickey
Rochester Business Alliance board member Brian Hickey is an M&T Bank
Executive Vice President responsible for Upstate New York, Western New York, and Northern, Central, and Western Pennsylvania. Voice of Business recently talked with Hickey about his RBA role.
VoB: What is your history with Rochester Business Alliance? Hickey: I’ve been involved with RBA in a number of roles for close to 25 years. My most significant involvement was serving as board chair. I was also on the board of the Industrial Management Council, which merged with the Greater Rochester Metro Chamber of Commerce in 2003 to form RBA.
VoB: What is your vision for the organization with the name change to the Greater Rochester Chamber of Commerce and a new strategic plan on the way? Hickey: The chamber, first and foremost, is a member organization which should advocate for the needs of its members on all fronts. In
particular, the chamber must work with state and local governments for a political climate that is more favorable to the job creators of our community. We should also be a convening body that brings community leaders together around a common agenda to improve the quality of life and opportunities for all members of the community.
VoB: How does M&T Bank benefit from RBA membership? Hickey: The success of the bank is directly related to the economy and the quality of life in the communities we serve. M&T benefits when the community does well. Therefore, if we can play a part in the success of RBA in achieving its vision, businesses will grow and create jobs and a more vibrant community. As a bank with such a big interest in this community, we need to understand the needs of our customers and the community, and being involved in RBA is a big part of that for us.
VoB: As a board member, what is your message
to RBA members? Hickey: My advice is to be an active member. There’s power in numbers, and taking an active role in advocating for a better business climate is one way we can all help create a better future for our businesses and our community. If we want to create change, we have to work for it by getting involved.
VoB: What is a fun fact about you that may surprise people? Hickey: My wife Jean and I are big fans of the television show The Voice, where people compete to become recording artists. I love the music but, even more, the courage of the would-be artists in putting themselves out there. I also get a kick out the coaches and can get choked up over hearing the life stories of the competitors.
For questions about this event, please contact Aaron Pennings1.585.286.9942
Register today at amerks.com/careerfair Registration closes on Friday November 13th 2015
Limited Space Available
A great opportunity for your business to showcase available career opportunitiesto our community. This event will help you fill immediate open positions and
network with Rochester area professionals.
Friday NOVEMBER 20th 201512pm-3pm
Blue Cross ArenaOne War Memorial Square
Rochester, NY 14614
·One 8’ Table and 2 Chairs (Table Cloth Required)·Two (2) Free Parking Passes (Civic Center Garage)·Twenty (20) Tickets to Rochester Americans game·Complimentary Refreshments and Light Snacks
Cost of Career Conference is $300 for Businesses and$150 for Non-Profit 501c3 organizations, which includes:
DOWNTOWN CAREER FAIR
DOWNTOWN CAREER FAIRDOWNTOWN CAREER FAIR
Business After Hours Holiday Jam
5-7 p.m.
December 9
Click here to register
3 Employment Law for Supervisors 6 Project Management 6 Performance Reviews and Coaching 10 Create a Killer New Hire Orientation Program
Seminars
November
Register at www.RochesterBusinessAlliance.com
Seminars are held at Rochester Business Alliance, 150 State St. Computer courses are held off-site. Check location when registering.
Economic
Development
Reception
11 Presentation Skills 12 Communication Breakdown Webinar
MS Office Word MS Office Excel MS Office Access MS Office Project MS Sharepoint Foundation Apple iPad for Business Use Salesforce.com
November and December Software Training topics - check Events Calendar for courses, dates, and times
Register at www.RochesterBusinessAlliance.com Seminars are held at Rochester Business Alliance, 150 State St.
Software Training Register at www.RochesterBusinessAlliance.com Software courses are held off-site. Check location when registering.
This issue sponsored by:
1 Exceptional Supervision 2 Business Communication: Electronic and Printed 10 Critical Decision Support Webinar 14 Leading the Safety Process 15 OSHA Recordkeeping
December15 Chemical Hazard Communication with GHS 16 Accident Investigation Fundamentals 16 Safety Committee Operations 17 Emergency Management and Business Continuity
Rochester Mayor Lovely Warren and Monroe County Executive Maggie Brooks and their economic development teams discussed local business resources.
Congratulations to
this year’s Buffalo
Bills tickets
winners!