Nov./Dec. 2016 Newsletter

Voice of Business November/December 2016

Hamilton Stern Construction, Waste Harmonics, Dixon Schwabl Lead 2016 Rochester Chamber Top 100

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amilton Stern Construction, a Pittsfordbased full service construction management and general contracting firm, took the number one spot on the 30th annual Rochester Chamber Top 100 list of the fastest-growing privately held businesses in the Finger Lakes region. Waste services broker Waste Harmonics and full service marketing communications firm Dixon Schwabl rounded out the top three. The Rochester Chamber Top 100 is a Greater Rochester Chamber of Commerce and KPMG LLP program that ranks businesses based upon both dollar and percentage growth.

Greater Rochester Chamber of Commerce President and CEO Bob Duffy said, “Rochester Chamber congratulates and thanks all of the Top 100 companies for what they do to bring economic vitality to the Finger Lakes region.

The diversity of the Rochester Chamber Top 100 companies is a true testament to the positive evolution of our region’s success.

The service, technology, construction, and manufacturing sectors led the way with the greatest numbers of companies on the list.”

To be eligible for the Rochester Chamber Top 100, businesses must be independent, privately held, headquartered in the nine-county Finger Lakes 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 What’s your networking style?

Click on Upcoming Events at the top of our website for series details!

by a strong entrepreneurial spirit. The 2016 Rochester Chamber Top 100 companies combined for nearly $14 billion in revenue and employed more than 104,000 people in the last fiscal year.

Waste Harmonics President and CEO Michael Hess said, “We attribute our success to one word: Focus. We established a plan a few years back to grow our business leveraging the opportunities created by our competitors in the marketplace. We have followed that plan very closely while adjusting tactics necessary to execute toward our goal.”

Dixon Schwabl CEO Lauren Dixon said, “I have always believed in hiring people smarter than me and motivating them to want to come to work every day. Dixon Schwabl hires the right people who fit our company’s core values. We give them real freedom and responsibility to do their jobs and then watch the magic happen!”

Hamilton Stern Construction co-owner Chris Stern said, “Going out and doing the best we possibly can each and every day has simply added up for us. Although my and Justin’s names are on the letterhead, the one thing that we will take credit for is surrounding ourselves with like-minded individuals who are dedicated to the success of Hamilton Stern Construction. Our success is one hundred percent attributed to the employees who surround us. We are so proud of the way that each and every employee represents our company.”

The 30th annual Rochester Chamber Top 100 celebration includes an awards dinner and pre-dinner reception with vendor showcase at the Joseph A. Floreano Rochester Riverside Convention Center Thursday, November 3.

The reception runs 5-6:30 p.m. and the dinner begins at 7 p.m. Visit the upcoming events calendar at www.GreaterRochesterChamber. com for more.

Nominations for the 2017 Rochester Chamber Top 100 open in February. Watch for information in weekly Rochester Chamber News and Events emails or visit the Rochester Chamber Top 100 web page.

inside Early education is economic development

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Rochester Chamber focuses on Workers’ Compensation

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Best practices for employee IP agreements

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Colleges, business leaders focus on modern workforce

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2015-2016 Board Officers Rob Sands, Chairman of the Board Constellation Brands, Inc. John Pitton,Vice Chair Bank of America Brian Flanagan, Second Vice Chair, Secretary, and Treasurer Nixon Peabody LLP

Senior Staff

Robert J. Duffy President and CEO

Bill Anderson Sr. Director, Support Services Bill.Anderson@GreaterRochesterChamber.com

Colleen DiMartino Chief of Staff

Colleen.DiMartino@GreaterRochesterChamber.com

Kevin Donahue Director, Membership

Kevin.Donahue@GreaterRochesterChamber.com

Susan George Director, Events and Affiliate Relations Susan.George@GreaterRochesterChamber.com

Burt Parks Director, Staffing Burt.Parks@RBAstaffing.com

Kathy Richmond Sr. Director, Human Resource Services

Kathy.Richmond@GreaterRochesterChamber.com

Nina Shelton Director, Group Health Insurance

Nina.Shelton@GreaterRochesterChamber.com

Dan Smith Sr. Director, Membership and Communications

Dan.Smith@GreaterRochesterChamber.com

Tammy Stefani Controller

Tammy.Stefani@GreaterRochesterChamber.com

Chris Wiest Vice President, Public Policy and Advocacy Chris.Wiest@GreaterRochesterChamber.com

Voice of Business is the official newsletter of Greater Rochester Chamber of Commerce, 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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November/December 2016

From the CEO

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n the past month or so, I have attended two presentations by Greater Rochester Chamber of Commerce Chairman and Constellation Brands CEO Rob Sands and Rochester Chamber board member and Wegmans Food Markets CEO Danny Wegman on exploring more focused efforts to address poverty and other economic issues in the Finger Lakes region. Monroe Community College President Anne Kress, who cochairs the Finger Lakes Regional Economic Development Council with Danny Wegman and serves on the Rochester Chamber board, also participated in the presentations. The discussions took a look at the Rochester Monroe Anti-Poverty Initiative as well as workforce development efforts.

Data shared in the presentation included what is referred to as a “Benefits Cliff Analysis Summary” that is part of the Finger Lakes Regional Economic Development Council’s “Finger Lakes Forward: United for Success” plan related to the Upstate Revitalization Initiative. The analysis calculates the factors that someone in poverty faces in order to make ends meet as well as looking at how those factors are affected as household earnings increase.

The summary shows that a person not working at all will earn about $29,000 in social service benefits. If that person takes a job at $9.00 an hour, they will receive child care and other benefits that raise their annual income to an equivalent of just over $51,000. If you work hard at that job and get promotions taking you to $15 an hour, some benefits are scaled back because of your earnings and you’ll see the equivalent of about $48,600 a year.

Further salary elevation to $21 an hour brings another scaling back of benefits, taking your annual total salary to about $45,000.

This information was startling to those at the presentations. In essence, the social service system takes away the incentive to work.

For the nearly two years that I have served as Rochester Chamber CEO, almost every business leader I visit tells me that they have a difficult time finding qualified employees for open positions. One of our region’s top developers hired a man who was living in poverty. That worker, who excelled on the job, left shortly thereafter when his girlfriend had their third child. The worker told the developer that he would make more money

through social services staying at home than through working. If we are going to make the workforce development changes that we need to drive our region’s economy, this “Benefits Cliff” has to be examined and we need all of our Bob Duffy elected officials at the local, state, and federal levels to be part of the discussion.

This is not about taking away benefits from those who need them. This is about not taking away the incentive for men and women to work, support their families, and progress. It is incredible that someone can work hard at a job every day, get promoted, earn more money, and yet see their ability to support their family lessen.

As I mentioned above, a hard thing for employers now is to find people who want to work and are prepared to work. As I listened to Rob, Danny, and Anne give this very thoughtful and timely presentation, it reinforced why we are in the situation we are in today. Social services benefits and child care benefits are there to help those in need. We should not penalize those who are working and those who seek employment to better themselves and their families. Nor should we reward those who choose not to work. We must find an appropriate balance.

Social services are a stop-gap to get people into work, not a lifetime support system from government.

We have an abundance of great programs in our region. Monroe Community College is a leader in workforce development. We have great companies that provide employment opportunities for people ready and willing to work. In the end, our systems are defeating the ultimate goal of getting people to work.

There is no better way out of poverty than a job. There is no better way for individuals to raise their self-esteem and support their families than to have a job. People want to work but, again, we have created a system that in many cases makes it more profitable not to work when countless jobs are available.

(Continued on p. 3)

Voice of Business SBC Business Person of the Year Award Winners

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reater Rochester Chamber of Commerce affiliate the Small Business Council of Rochester honored ten finalists at its Business Person of the Year gala luncheon. Judges chose from five finalists representing the small firm category of fewer than 50 employees and another five representing the large firm category of 50 or more employees.

Small Business Council of Rochester President Paul Kaiser said, “They look at sales growth, they look at community involvement, they look at how they interact with their employees and staff, and how they grow their company. Given that one of our initiatives is the Cares initiative, giving back to the community, we think is a very large portion and important part of the selection process. I think we’re in a town that’s so gracious from a giving perspective that we are blessed with very generous business owners.

The less than 50 employee award went to Sydor Technologies President and CEO Michael Pavia.

Pavia said, “It’s really just the team, the employees. We’re surrounded by a great group of smart, talented people. That combination, the teamwork, and the products, the intellectual property that we have here in town that’s coming out of our universities is truly world class and it’s evidenced by everything we’re doing and everything we’re shipping out of our company every day.”

The 50 or more employee Business Person of the Year award went to Breathe Yoga and Juice Bar owner Cyndi Weis.

Weis said, “I think we try to stay unaffected by what’s happening in the industry that we’re in.

Instead, we really try to respond to the needs of our customers. We’re very organic, very homespun, work every day and make it up as we go along.”

For more on the Small Business Council of Rochester, visit www.RochesterSBC.com.

From the CEO (cont.)

In order to change the social service system, we have to look at a transition process. Part of that is providing much more affordable child care. Transportation is also a big issue. I do credit the Regional Transit Service for studying routes and making changes that make sense to help people get to work. The bottom line, however, is that we have to stop taking away the incentive to work. I believe the fight for an increased minimum wage in New York State missed the point. The minimum wage is meant to be a starting point, not a finishing point.

However, when you look at the “Benefits Cliff Analysis”, even people being elevated to $15 an hour will likely lose benefits that they’re already receiving and end up making less in the long run. The minimum wage change is not going to, in any way, achieve the results intended.

It is now the responsibility of our local, state, and federal elected officials to take over. The

business community is creating jobs and working on ways in its control to address poverty. Our legislators must now have the courage to work as a team, look at these systems, and develop solutions to provide benefits for those who need them but create a progression that does not de-incentivize work or make promotions penalizing. Nothing is more important than a person who works hard and earns more money. That’s the American way and the path to the American Dream.

The “Benefits Cliff” is not something that can be changed by business leaders. This lies squarely in the laps of our elected officials at all levels to fix.

New Member Profile:

Ronald McDonald House Charities of Rochester, NY

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ochester Chamber welcomed new member company Ronald McDonald House Charities of Rochester, NY in August and had a moment to get acquainted with Carol DeMoulin, Chapter President to learn more about this business.

Tell us about your company.

RMHC Rochester opened our doors in 1990, providing home away from home for families of ill and injured children who are receiving medical care locally. We care for about 1,200 families each year in one of our two houses and have about 100 visitors a day at our Family Room on the first floor of Golisano Children’s Hospital.

What prompted you to join the chamber?

As an important community agency, RMHC will benefit from the services and programs offered by Rochester Chamber, including networking with businesses for services we need as well as spreading the message about the services that we provide.

What business or economic challenges are you currently facing?

We rely on the generosity of our community to support our programs, and need to raise $2.2M each year. We also rely on more than 275 volunteers who commit to regular shifts to help with housekeeping, driving, staffing our front office, cooking, and hospitality for our families.

What is your business outlook?

We are poised to launch a strategic initiative that includes adding new complementary services to our families and open new programs that will reach more families at times of significant crisis with their children.

www.rmhcrochester.org www.GreaterRochesterChamber.com

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Voice of Business Investing in Rochester: Early Childhood Education is Economic Development

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reater Rochester Chamber of Commerce, the Public Policy Institute, and other partners including Committee for Economic Development, Council for a Strong America, Early Care and Learning Council, The Children’s Agenda, and Child Care Council presented Investing in Rochester: Early Childhood Education is Economic Development. Federal Reserve of Minneapolis economist Rob Grunewald shared studies on how the first few years of life are critical to a child’s future in the community.

development programs.

Parker said, “Taking care of our youth, our kids, at an early age is a business and economic issue. We need to make sure that we have a healthy, well-educated workforce and we need to make sure that we address these issues early on. So, spending money on this is money well spent.”

Duffy added that from an economic development perspective, one of the challenges that the community sees is that working parents are often overwhelmed by the cost of child care. He said it’s time to take a step back and look at how we, as a business community can, help support child care and help support early childhood development more effectively because this is the workforce of tomorrow.

Grunewald told those in the audience that when children arrive at school prepared to succeed, they tend to be on a trajectory toward success. But if they arrive behind, they tend to stay behind.

Grunewald said, “Investments in early childhood development can help make sure that children are ready for school. When they are ready for school, there are a lot of benefits not only for those children and their families, but also for all of the taxpayers. We spend less on remedial education, we are able to see higher tax revenue come in, there is less cost related to crime, and all of this value adds up to a very high return. In one study it was as high as $16 return for every dollar invested.”

Greater Rochester Chamber of Commerce President and CEO Bob Duffy said early childhood learning and development is crucial to economic development for Rochester and our nine-county region. He added that making investments in children, especially children who are economically

disadvantaged, is so important to get them off to a great start in school.

GRQC Performance Excellence Awards

Duffy said, “A lot of our members cannot find qualified workers to fill positions. That investment starts early. It starts in school, even preschool. So, the investments we make today are for the workforce of tomorrow. It’s great for economic development and great for overcoming the issue of poverty in our community. The whole point is we have a huge stake in these investments now.”

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Former Rochester Business Alliance CEO Sandy Parker spoke on behalf of The Children’s Agenda. Parker said business must be at the table in joining forces to urge state and federal lawmakers to support early childhood

Applications must be received by January 26, 2017. For further details on award criteria, eligibility, and to request an application, contact Nancy Plews, GRQC Chair, at nancyplews@ yahoo.com or (585) 739-5343.

wards will be presented in three categories: Operations Excellence, Customer Excellence, and Team Excellence.

Organizations from business, healthcare, education, government, and not-for-profit are eligible to apply. Award winners will be revealed the evening of May 11, 2017, at the 11th Annual GRQC Showcase and Awards Ceremony at the DoubleTree by Hilton.

Rochester Chamber welcomes its new members

Aspire Learning & Development... www.aspirelearningdevelopment.com Benefit Link, LLC....................................... www.benefitlink.net Bookkeeper Buddy.....................................www.bookkeeperbuddy.com Camp Arey, Inc. ...........................................www.camparey.com Coach & Equipment .................................www.coachandequipment.com Create A Scape Enterprise LLC..............www.CreateAScapeLLC.com Empire United Soccer Academy, Inc. .....www.empireunited.soccer Empire Valuation Consultants, LLC.........www.empireval.com The Flanders Group, Inc. .........................www.flandersgroup.com Geva Theatre Center ...............................www.gevatheatre.org HALO Branded Solutions.........................www.halo.com/jim-vanloon Jim Johnson - Motivational Speaker........www.CoachJimJohnson.com M/Body (FM Fitness LLC) ........................www.mbodyrochester.com Mary St. George Realtor® ......................www.lakefrontmary.com Masons On Alexander.............................. .www.masonsonalexander.com

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November/December 2016

One Down Consulting.............................. www.onedownconsulting.com Raland Compliance Partners LLC........... www.raland.com Resonate Search Group............................. www.resonatesearchgroup.com Ronald McDonald House Charities of Rochester, NY

www.rmhcrochester.org Royal Oak Realty Trust..................www.royaloakrealtytrust.com Seneca Gorham Security Systems, Inc. ... www.sgsecurity.com Sleep Insights ............................................... www.sleepinsights.com THD Coffee Co. ..........................................

Walsh Duffield Companies, Inc. ................. www.walshins.com Young Lion Brewing Company .................. www.younglionbrewing.com ZarVic Brothers/Wilder Building Associates ....www.zarvic.com *Company listed in blue denotes our Partner Member*

Connecting Business Rochester Chamber offers a variety of events each month. For more photos, visit our Facebook page.

Our Spotlight Tour in September traveled to Gorbel in Fishers to learn about the variety of material handling equiopment used in various industries.

The Manufacturing sector session of Chamber Business Rounds included business leaders from LSI Solutions, Unither Manufacturing, and Gleason Corporation.

The IT sector session of Chamber Business Rounds featured speakers from SMP, Innovative Solutions, Capstone Information Technologies, and LPA Software Solutions.

Howard Zemsky, President of Empire State Development, discussed regional initiatives and opportunities available to business professionals at a recent Policy Matters event.

Guests got an up-close look at corporate and general aviation at the Networks After 5 gathering at JetSmart Aviation.

During the last 2016 Speed Networking session, conversation was in the air as guests met in 3-minute intervals to connect with handshakes, stories, and potential opportunities.

Recent Member Company Visits

Boulter Industrial Contractors, Inc.

Graham Corporation

Pictometry International Corp.

Rochester Presbyterian Home Inc.

Barilla America, NY Inc.

St. John’s Senior Services, Inc.

www.GreaterRochesterChamber.com

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Voice of Business Upcoming Affiliate Events

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reater Rochester Chamber of Commerce 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. 2 - Holiday Lunch nyfoodprocessors.org Greater Rochester Quality Council • Nov. 2 - GRQC Awards: Hear from the Recipients • Dec. 1 - GRQC Healthcare Forum www.grqc.org Small Business Council of Rochester • Nov. 9 - Boot Camp Series • Ending Nov. 19 - SBC Cares Thanksgiving Appeal • Dec. 14 - Boot Camp Series www.rochestersbc.com Rochester Hispanic Business Association • Nov. 15 - RHBA Lunch Series • Dec. 1 - Holiday Party www.rochesterhba.org The Women’s Council • Dec. 16 - Building Your Briefcase: ATHENA Roundtable www.ROCWomenscouncil.org

Through our affiliate groups, you can meet business people who share your interests and challenges.

Women’s Council Names 2017 ATHENA Awards Finalists Supporting its mission to recognize and empower professional women, the Women’s Council, a Greater Rochester Chamber of Commerce affiliate, announced the finalists chosen for the ATHENA Award and ATHENA Young Professional Award.

A pre-selection committee chose the ATHENA Award finalists based on their significant professional achievements, community service endeavors, and leadership in the advancement of other professional women. Center for Youth Executive Director Elaine Spaull received the 2016 ATHENA Award.

The 2017 ATHENA Award finalists are: • Elizabeth Arthur, Helendale Dermatology and Medical Spa Owner and Board Certified Dermatologist • Flor M. Colon, Xerox Corporation Vice President, Strategic Alliances, EHS&S • Twyla Cummings, Rochester Institute of Technology Dean of Graduate Education • Angela Ellis, Livingston County Planning Department Director • Heather Goodbody, The Goodbody Group at Merrill Lynch Senior Vice President, Private Wealth Advisor • Megan Henry, Chairman of the Board and President of Exeter Trust Company and Managing Director of Trust Services at Manning & Napier • Nannette Nocon, Nocon & Associates Private Wealth Advisor • Kathleen Parrinello, Strong Memorial Hospital Chief Operating Officer and University of Rochester Medical Center Executive Vice President • Diane Shoger, Monroe Community College Foundation Executive Director • Deborah Stamps, Rochester Regional Health System Vice President, Quality, Safety, and Innovation • Kathleen Washington, City of Rochester Deputy Commissioner, Neighborhood and Business Development • Mary Zelazny, Finger Lakes Community Health Chief Executive Officer The ATHENA Young Professional Award

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November/December 2016

recognizes emerging leaders in the 30 to 45 year old range who demonstrate excellence, creativity, and initiative in their business or profession. Recipients also provide valuable service by contributing time and energy to improve the quality of life of others in the community while serving as a role model for young women both personally and professionally. Trevett Cristo Salzer & Andolina, P.C. Partner Melanie Wolk took home the 2016 ATHENA Young Professional Award.

The 2017 ATHENA Young Professional Award finalists are: • Traci Adolph, Samson Fuel and Trucking President • Melisza Campos, Dale Carnegie Vice President, Operations and Instruction and Master Trainer • Tokeya Graham, Monroe Community College Damon City Center Tenured Assistant English Professor • Kim Hoffman, CaterTrax Vice President, Marketing • LaShunda Leslie-Smith, Connected Communities Executive Director • Lindsay McCutchen, Career Start President • Kate Michaels, Northwestern Mutual Chief of Recruiting • Tiffany Paine-Cirrincione, University of Rochester Wilmot Cancer Center Associate Director, Advancement and Community Events • Elizabeth Schirmer Shores, Untapped Shores International President and Cofounder • Tara Spencer, Enterprise Fleet Management Director of Upstate, Central, and Western New York A committee of renowned business professionals will select the recipients of both awards. The Women’s Council presents the ATHENA Award and the ATHENA Young Professional Award at a luncheon January 19, 2017 at the Joseph A. Floreano Rochester Riverside Convention Center. For ticket and sponsorship information, contact Nina Shelton at Nina.Shelton@GreaterRochesterChamber. com or (585) 256-4644.

Public Policy Rochester Chamber Focuses on Workers’ Compensation

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n its 2016 public policy survey, Greater Rochester Chamber of Commerce members listed high Workers’ Compensation costs as their number five concern about doing business in New York State. As part of its ongoing work in this area, the Rochester Chamber Workers’ Compensation Committee, made up of members in the business, health care, not-for-profit, and other sectors, hosted a conference to educate employers on ways to control costs and to get involved in Workers’ Comp reform.

“We need to get employers involved however we can,” said Rochester Chamber Vice President of Public Policy and Advocacy Chris Wiest. “High Workers’ Compensation costs continue to be one of the issues we hear the most about from our members. We need their voice as we work on reform efforts.

The survey we conducted this summer had over 200 employers participate and provided information on just how damaging high Workers’ Compensation costs have been to employers. The conference focused on what’s driving costs as well as best practices and information to help employers better manage their Workers’ Comp program.”

New York State Workers’ Compensation

Board Executive Director Mary Beth Woods delivered the keynote address at the conference. Woods said she often hears from employers that Workers’ Compensation costs are an immense burden on their business.

Woods said, “We understand that workers’ comp costs are significant for your members.

We are trying to understand how we can best help them to deal with Workers’ Comp costs and make their businesses thrive.

We understand and we are working to try to find creative ways, legislative ways, and administrative ways to try to bring those costs down.”

Wegmans Food Markets Senior Manager of Claims Brian Trick chairs the Rochester Chamber Workers’ Compensation Committee.

Trick said Workers’ Compensation is a large expense for Wegmans and something the company looks at every day to try and control.

Trick said, “Workers’ Comp costs are troubling to employers. It’s the number five biggest

concern for employers. That’s a big thing because lowering costs is what’s going to keep jobs in Rochester and New York State.”

Zotos International Senior Human Resources Manager Mary Turcotte said her company also feels the pinch.

Turcotte said, “Workers’ Comp costs have escalated and of course that’s contributed to the increased cost of doing business. I came to the conference to find out what we can do to curtail those costs or become smarter and better at handling these types of costs.”

The Greater Rochester Chamber of Commerce Workers’ Compensation Committee focuses on advocacy, education and employer engagement on important Workers’ Compensation issues. The committee, formed in 1993, has 25 members and is a leading voice for employers on the Workers’ Compensation front.

To learn more about the Rochester Chamber Workers’ Compensation Committee and to get involved in its reform work, contact Chris Wiest at Chris.Wiest@ GreaterRochesterChamber.com or (585) 256-4626.

2017 Public Policy & Advocacy Member Survey

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reater Rochester Chamber of Commerce is developing its 2017 Public Policy and Advocacy Agenda, and we need your help! To ensure that our members’ most important concerns are included in the agenda, we’ve created a brief survey to identify your organization’s public policy and legislative priorities.

Please complete this short survey (estimated to take no longer than 5-10 minutes).Your responses will be kept strictly confidential. Thank you for your assistance.Your input is invaluable to setting Rochester Chamber’s advocacy agenda.

More than 60 people attended Rochester Chamber’s annual Endorsement Night.

www.GreaterRochesterChamber.com

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Human Resources 2017 Holiday Closing Survey Highlights

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his is the time of year when the 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, Rochester Chamber conducts the annual Holiday Closing Survey on behalf of its members.

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 midweek, employers adjust accordingly.

A few highlights from the Rochester Chamber 2017 Holiday Closing Survey follow.

• On average, employers offer 8.5 paid

holidays per year, with a low of 4 holidays, and high of 17 holidays.

• Full-time employees are eligible immediately upon hire according to 72 percent of respondents.

• Independence Day 2017: Most respondents, 97 percent, will observe the holiday on Tuesday, July 4, and 31 percent also plan to close on Monday, July 3.

• Thanksgiving 2017: 99 percent of respondents will observe the holiday on Nov. 23, and 83 percent will give employees Friday off as well.

• Christmas 2017: 97 percent will be closed on Monday, Dec. 25, while 27 percent plan to close for a full day on Tuesday, 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, requirements to work the day before and/ or after the holiday, etc. 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 Rochester Chamber, as a benefit of membership.

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 the 2017 Holiday Closing Survey.

Build Your HR Network: Register Now for the 2017 HR Forums

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ochester Chamber is now accepting registrations for the 2017 Benefits Forum and 2017 HR Professional Forum. If you missed the opportunity to join either of these forums in 2016, here is your chance to connect with your peers.

Each year, the Rochester Chamber HR forums give members an opportunity to connect with peers who understand the challenges HR professionals face every day.

The HR forums help keep you up to date on state and federal labor laws and help build on the experience you already have through active participation and interaction with peers. Participant qualifications are

reviewed to ensure the level of expertise is commensurate with the group. Below is a brief summary of the two forums starting in the next few months.

Benefits Forum: Provides senior level benefits professionals with the opportunity to benchmark and network with peers on benefit trends and issues including benefits practices and strategic planning. Meetings begin in February 2017.

HR Professional Forum: Presents mid-level human resource professionals the opportunity to benchmark and network with peers while sharing HR knowledge through roundtable

discussions and presentations from guest speakers. Meetings begin in January 2017.

Registration for these forums officially begins at the end of November but we will accept early registrations. The registration deadline for the HR Professional Forum is December 9, 2016. The Benefits Forum registration deadline is January 12, 2017. Space is limited and will be offered on a first-come, first served basis.

To learn more about these forums, including meeting dates, or to download a registration form, click here. If you have any questions, please email Jennifer Suppé or call her at (585) 256-4608.

Rochester-Area Wage Surveys Starting Soon

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ochester Chamber’s first quarter 2017 benchmarking surveys begin in January.

Corporate and Partner members are eligible to participate; those who participate receive complimentary results when released.

There are three different surveys starting in January. The local Annual Wage and Salary Surveys begin the week of January 9, 2017 and provide Rochester-area wage and salary data. The four local surveys include Nonexempt, Professional/Managerial,

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Manufacturing, and Health & Human Services.

The National Executive Compensation Survey begins the week of January 2, 2017 and covers compensation and perquisites for 47 key executive positions. The Turnover and Absenteeism Survey starts the week of January 16 and gathers data on turnover statistics and absenteeism rates for calendar year 2016. Questionnaires for all surveys will be emailed to those members who requested to participate in the timeframes specified.

Sign-up for all first quarter surveys will begin the week of December 5 via an email invitation sent to HR contacts at Corporate and Partner member companies. Members are welcome to sign up early for one or more of these surveys. Click here for the online signup page. If you have any questions, contact Kathy Richmond at (585) 256-4618, or contact Jennifer Suppé at (585) 256-4608. To discuss upgrading your membership to participate in these valuable benchmarking surveys, contact Kevin Donahue at (585) 256-4651.

Legal Briefing Best Practices for Employee IP Agreements Alana Fuierer Heslin Rothenberg Farley & Mesiti PC

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o you know who owns the intellectual property (IP) created by your employees? Most employers assume that IP created by an employee automatically becomes their property. The opposite, however, is often true: without a written assignment agreement, ownership of IP can default to the person who created it (i.e. the employee or independent contractor).

By relying on false assumptions regarding ownership, a business risks losing valuable IP rights.

The following article provides some best practices for IP Assignments.

Company–Wide Policy. If express language governing IP rights and ownership is not in your employment agreements, ownership by default will depend on the IP type, and will vary from state to state. By making it a company-wide policy for every employee to sign an IP assignment agreement, regardless of job position or title, you eliminate this uncertainty and risk.

For example, we often receive calls from individuals who, upon leaving their employment, have been asked to assign patent rights to their employer. However, (1) there is no legal authority that compels an employee to assign patent rights to their employer; and (2) unless certain limited exceptions apply, the employee is presumed to own his/her inventions even if developed during work hours or using company resources. Therefore, absent a prior agreement to assign, the exemployee can refuse to sign, legally maintain ownership rights in inventions completed during employment, and is free to assign his/ her inventions to your competitors.

Prior To Any Work Being Completed.

It is best practice for employees to enter an IP assignment agreement immediately upon hiring and before performing any work. Timing is significant. Courts generally uphold pre-

invention assignment agreements when signed prior to employment. However, the validity of assignments executed after employment begins depends on the state. For example, in 2015, the Federal Circuit ruled that continued employment, standing alone, is sufficient consideration for an IP assignment signed after employment had begun. However, that was under Wyoming law; in other states, IP assignments signed after employment begins are invalid without additional consideration.

If you don’t have an agreement with your current employees, it is possible to craft a retroactive assignment agreement and an attorney can assist you with making sure appropriate consideration is given.

In Writing. An oral invention assignment typically is not valid or enforceable. 35 USC §261. An oral agreement also is not sufficient to transfer copyright ownership. 17 U.S.C. §24.

Likewise, certain types of works created by independent contractors are a “work made for hire” only if expressly identified as such in writing prior to work being performed. Thus, businesses should obtain written agreements from all contractors stating that any work is a “work made for hire” and/or otherwise assigned to the business.

The Right Wording. In 2012, the Federal Circuit found an agreement, which states the employee “hereby assign[s]” all IP, is a proper assignment of rights in future inventions that will automatically assign all inventions to the employer without the need for any additional act. In contrast, the Federal Circuit previously held that a “promise to assign” was ineffective in the face of a later-executed express assignment of the same invention. Thus, it is critical that your agreements include an express assignment (i.e. employee “hereby assigns”) rather than a promise to sign (e.g. “agrees to assign” or “will assign”).

Understand the differences between IP. Patents: Invention ownership is controlled by federal law, with a presumption that the inventor is the initial owner of their invention.

Thus, employees own their inventions unless

they are hired to work on or solve a particular problem and the invention relates to that problem. Prudent businesses should not rely on this exception. Independent contractors own any patent rights in their inventions absent an express written assignment. No exceptions apply.

Copyright: Copyright ownership is controlled by federal law. However, unlike patents, employers by default own all copyrights created by employees within their scope of employment under the “work made for hire” doctrine. The default rule does not apply to independent contractors. Even if a contractor is hired to create something for you (i.e. website, software), the contractor retains ownership in their work absent a written agreement stating otherwise.

Trade Secrets: In general, trade secrets are owned by employers and, until this year, employers relied on varying state laws for trade secret claims. On May 11, 2016, the Defend Trade Secrets Act (“DTSA”) went into effect, providing a federal claim for theft of trade secrets and giving small business owners new tools for protecting their proprietary information. The impact and scope of the DTSA is not suitable for this article, however, it is important for companies to know it exists in order to take advantage of it and avoid certain pitfalls.

Revisit and Review. The laws regarding IP ownership vary from state to state and frequently change. It is important for a lawyer familiar with the federal and state laws to draft, review and/or periodically revisit your employee IP agreements. You cannot predict when an invention or copyrightable work will be created by an employee, and even the most loyal employee can move, pass away, or become difficult to find or uncooperative. For these reasons and others, all employees should sign an IP assignment agreement that unambiguously, fully and specifically provides that your company owns all IP created in the course of their employment. Failure to do so unwittingly could lead to a significant loss of IP rights for your company.

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Voice of Business Urban Wellness Summit Focuses on Neighborhood Wellness

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he High Blood Pressure Collaborative, a project of the Greater Rochester Chamber of Commerce Health Care Initiative and Finger Lakes Health Systems Agency, presented the second annual Urban Wellness Summit at the Maplewood YMCA. The summit brought together the community to network, celebrate, and accelerate local efforts to address neighborhood wellness.

Health strategist, educator, and author Dr. Sharon Denise Allison-Ottey delivered the keynote address. Dr. Allison-Ottey serves as executive director of the COSHAR Foundation, which focuses on improving health, one community at a time. “Dr. Sharon,” as she asked those in attendance to call her, said she loves Rochester’s model of community organizations coming together

for the greater good.

Allison-Ottey said, “One of the key things that I talk about is what happens when you fail.

How you then get it back together enough to make sure that you have an impact. And then how you avoid burnout from volunteers and staff members who love the organization but also have lives. And then, take care of yourself.

If we don’t take care of ourselves we can’t take care of each other. Those are some of the top driving messages. Fall one time, two times, three times, four times, five times, six times, seven times and get up one hundred thousand times.”

YMCA of Greater Rochester Vice President of Healthy Living Laura Fasano said the Y’s position of promoting healthy living is a prime example of urban wellness with the

organization’s outreach to people of all ages and diverse racial backgrounds.

Fasano said, “It’s going to take everybody together to be able to move healthy living and people’s health status within the urban core. One organization cannot do it. But together, we can start moving the paradigm and switching the health status.”

Wegmans Food Markets Director of Health and Wellness Becky Lyons chairs the Rochester Chamber Health Care Initiative.

Lyons said, “We recognize the role that wellness plays in helping our community members prevent or manage high blood pressure. Along with the High Blood Pressure Collaborative’s work, it’s helping move Rochester toward the goal of becoming the healthiest community in America.”

Colleges, Business Leaders Focus on Modern Workforce

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he “Ready to Partner: How Community Colleges Are Building a 21st Century Regional Workforce” event brought together business leaders with Monroe, Finger Lakes, Genesee, and LaGuardia Community Colleges. The event was designed to raise awareness of the contributions and potential of the Finger Lakes region’s community colleges to build a modern workforce.

Greater Rochester Chamber of Commerce President and CEO Bob Duffy gave welcoming remarks. Federal Reserve Bank of New York Research Officer Dr. Jaison Abel delivered the keynote address.

The Voice of Business newsletter talked with Abel prior to the event.

VoB: What’s the thesis of your keynote address?

Abel: My role is to set the scene for a broader discussion about partnerships between community colleges and local employers. I focus on providing an overview of some trends in the national and regional labor markets. Specifically, I want to look at job growth through the recession and recovery and expansion that has taken hold.

I also hone in on the types of jobs that have been lost and created with a particular emphasis on what’s been going on with

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November/December 2016

middle wage jobs.

VoB: And what is happening in that job sector?

Abel:Middle wage jobs, which community colleges are well positioned to provide skilled workers for, were very hard hit during the Great Recession. Really, in the early part of the recovery, they didn’t bounce back. It’s only been very recently, the last few years, that the recovery has shifted and activity has increased that we have actually seen a boost in middle wage jobs. That’s true nationally and regionally here in upstate New York although the recovery here has been a bit slower and the rebound in middle wage jobs has been not quite as significant as what we’ve seen downstate or in other parts of the country.

VoB: We have heard from employers that there is also a lack of qualified candidates to fill those jobs. What are you hearing?

Abel:Every year we do a survey of businesses

in the region. We try to gauge whether or not firms are able to find workers with the skills they need. The information that we have is that employers are finding it increasingly difficult to find workers with all types of skills.

Not just the real hard technical skills, but even some of the softer professional skills as well.

VoB: What is the community college role in getting students ready and willing to fill these jobs?

Abel:This is the tough question. I don’t think there are any easy answers. One promising thing to consider is trying to form strategic and successful partnerships between community colleges and local employers. If done right, they create benefits for everyone and train workers to fill the specific needs with the specific skills that local employers have.

Voice of Business Hiring Our Heroes Focuses on Veterans

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reater Rochester Chamber of Commerce’s attended the Hiring Our Heroes job fair at the U.S. Army National Guard facility on Patriot Way near the Rochester Airport.

Hiring Our Heroes is a nationwide initiative of the U.S. Chamber of Commerce Foundation to help veterans, transitioning service members, and military spouses find meaningful employment opportunities.

Navy veteran Clifford Bacon, who served on P-3 Orion reconnaissance aircraft around the world, stopped by the job fair to look for his next career.

Bacon said, “I’m looking for anything in aviation or anything that fits my skill levels. Anything from guest services to a technician. I’m pretty easygoing, pretty outgoing. This is a very good event. I have already made a couple contacts while networking and seeing what’s out there for me. It’s very promising.”

Veterans Outreach Center Executive Director Todd Baxter said military veterans bring many advantages to employers.

Baxter said, “Think about all of the soft skills that a veteran or military member learns, taught by their drill instructor on day one.

Service, duty, selfless sacrifice, punctuality, all of those things that an employer wants, let alone the skills. They’re very technical people. Most things in the military are very high technology today, so they have that aptitude to bring on new ideas. They’re also team oriented. They live or die on the basis of teamwork. And they understand a very multicultural environment, so being with people who are different from them is something that they thrive on. There are a lot of great attributes that any veteran would bring to the table.”

Bacon agreed. “We’re dedicated to our jobs,” Bacon said. “If we say we’re going to do something, we do it. We show up on time if not early. That’s the way the military is. It’s trained into us and that’s what we do.”

reater Rochester Chamber of Commerce Human Resources Administrator Mike Quinlan received a United Way of Greater Rochester Rising Star Award for his work running the 2016 Rochester Chamber United Way campaign. The Rising Star Award goes to individuals who are relatively new to their role as campaign coordinators, but have shown promise as budding leaders and United Way supporters.

Quinlan said, “It’s a tremendous honor to receive the United Way’s Rising Star Award.

I have an amazing team here at Greater Rochester Chamber of Commerce. Their dedication and support made our 2016 campaign a very successful one.”

Through Quinlan’s work as campaign coordinator, Rochester Chamber notched another year of one hundred percent employee participation in the United Way

11/3 2016 Rochester Chamber Top 100 Awards Dinner 11/10 Chamber Networks After 5 - DoubleTree by Hilton Rochester 11/17 Chamber Business Rounds: Not-For-Profit 12/6 Chamber Business Rounds: Service 12/13 Chamber Networks After 5 - Holiday Party & Member Showcase Register at GreaterRochesterChamber.com

Since the program started nationwide in 2011, more than 28,000 veterans and military spouses have obtained jobs through Hiring Our Heroes events.

Friday HR Briefings November 4 - Creating Transgender Inclusive Workplaces

HR Administrator Quinlan Receives UW Rising Star Award

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program. That helped earn the organization the United Way of Greater Rochester Award of Excellence, which recognizes the accomplishments and tremendous efforts of an organization that demonstrated hard work and leadership on the way to helping the United Way exceed its 2016 campaign goal.

The United Way of Greater Rochester’s 2016 campaign, led by Paychex CEO and Rochester Chamber board member Marty Mucci, raised $21.5 million, an increase over the previous year’s goal for the first time in nearly a decade.

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Profitability* December 2 - Smart I-9 Coming Soon: The

Ever-Changing I-9 Form Time: 8:00 - 9:00 a.m. / *8:00 - 9:30 a.m.

Location: Rochester Chamber 150 State St., Rochester, NY 14614 Open to: Members only (no cost) To register, email Michele.Hefferon@ GreaterRochesterChamber.com

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Mucci said, “Exceeding our goal and increasing the amount raised last year demonstrates our community’s generosity and commitment to working together to help those most in need.”

To learn more about the United Way and its work in the Greater Rochester region, visit www.UWRochester.org.

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Nov. 15-29 Successful Supervision

Training Held at Logical Operations Register at www.newhorizonsatlo.com/greater-rochester-chamber-of-commerce

Nov. 01 Microsoft Office Excel 2010: Part 1 Nov. 01 Microsoft Office Excel 2013: Part 1 Nov. 02 Microsoft Office Excel 2010: Part 2 Nov. 02 Microsoft Office Excel 2013: Part 2 Nov. 02 NCTA Cloud Technologies Nov. 03 Microsoft Office Excel 2013: Part 3 Nov. 09 Microsoft Office Access 2010: Part 1 Nov. 09 Microsoft Office Access 2013: Part 1 Nov. 10 Create a New Hire Orientation

Program Nov. 10 Insightly for End Users Nov. 11 CyberSAFE (Securing Assets for the

End User) Nov. 14 Microsoft Office Word 2010: Part 1 Nov. 14 Access 2013 Programming with VBA Nov. 14 CompTIA Network+ Certification Nov. 16 Microsoft Office Word 2010: Part 2 Nov. 17 Microsoft Office Access 2013: Part 2 Nov. 17 Microsoft Office Word 2010: Part 3 Nov. 17 Microsoft Office Word 2013: Part 2 Nov. 17 Crystal Reports 2013: Part 1 Nov. 18 Effective Project Management Skills Nov. 21 Microsoft Office Excel 2016: Part 1 Nov. 21 10962 Advanced Automated

Administration with Windows

PowerShell® (OLL/ILT) Nov. 21 Crystal Reports 2013: Part 2 Nov. 22 Microsoft Office Excel 2016: Part 2 Nov. 23 Microsoft Office Excel 2016: Part 3 Nov. 28 Microsoft Office PowerPoint 2016:

Part 1 Nov. 28 Microsoft SharePoint Foundation

2010: Level 1 Nov. 28 20332 Advanced Solutions of

Microsoft® SharePoint® Server 2013 Nov. 28 NCTA Cloud Architecture Nov. 29 Adobe Acrobat XI Pro: Part 1 Nov. 29 Microsoft Office PowerPoint 2013:

Part 2 Nov. 30 Adobe Acrobat XI Pro: Part 2

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Rochester Chamber Top 100 VIP Reception