KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Be aware of change in employment laws in your jurisdiction / New York Sick Leave / register for tomorrows financial webinar - see below
September 21, 2020
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Webinar 9/22/20: How to Finance Organic Growth 
Register: https://attendee.gotowebinar.com/register/3255545487536556558 
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Be aware of change in employment laws in your jurisdiction / New York Sick Leave
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            If keeping up with Alarm Law isn’t enough for you, try keeping up with Employment Law.  It comes in two varieties, federal and state.  If you’re lucky enough to live in NYC, or you have a mayor just as crazy in your city, you get City Laws too.  If you don’t have your own Human Resource manager, and you don’t use one of the payroll services that provide employment information, and your accountant is not up on all the requirements, and your local lawyer doesn’t know, you can check with the Employment Department at K&K.  
            New York has a new law as of January 1, 2021, which in case you’re not focused, is right around the corner.
            Commencing January 1, 2021, nearly all New York employers must offer paid sick leave to their employees, pursuant to a recent amendment to the New York Labor Law. Small employers (fewer than 4 employees) must offer at least unpaid leave. Sick leave begins to accrue on September 30, 2020 (three months before it can be used) and is job protected.  (New York Labor Law Section 196-b).
            Employers must allow employees to accrue paid sick leave during a calendar year at a rate of at least one (1) hour of leave for every thirty (30) hours worked.  Accrual limits are capped based on the number of employees. Employers can either award the leave as it is accrued by the employee, or “frontload” the leave at the beginning of each calendar year by providing employees with the total amount of sick leave that would accrue during the year.  Employees must be allowed to carry over unused sick leave into the following calendar year, but employer are not required to allow the use of more sick days than the yearly accrual limit.  Moreover, payout of unused sick leave upon termination also is not required. This could result in a scenario where an employee could accumulate a bank of sick time that she is not permitted to use and for which she will not be compensated upon employment termination.
            Under the law, employees must be permitted to take leave for any of the following purposes: (i) the employee’s own mental or physical illness, injury, or health condition, including diagnosis, care, preventive care, or treatment; (ii) the mental or physical illness, injury, or health condition of the employee’s family member, including diagnosis, care, preventive care, or treatment; or (iii) various reasons related to domestic violence, family offenses, sexual offenses, stalking, or human trafficking regarding the employee or employee’s family member.
            To avoid undue disruption to business operations, employers are permitted to require employees to use at least a minimum amount of leave (such as one or two hours), but cannot require employees to take more than four hours as the minimum.  Under the new law, employers also must provide a summary of the amounts of sick leave accrued and used in any calendar year within three (3) business days of an employee’s request.  Thus, your managers /supervisors must be made aware of this requirement before an employee so inquires.
            The law also restricts the information employers can request if an employee asks to use paid sick leave. Employers may not require disclosure of “confidential information” (currently undefined) about a medical condition or a domestic situation as a condition of providing leave.
            Failing to comply with the new Labor Law will result in significant exposure, and will be easily identified by employees and reportable, so, the best way to combat exposure is to carefully review your existing sick leave or PTO policies to determine whether the existing policy meets the law’s requirements – or generate such a policy if no written policy is presently in place.  Now is the time to start training your manager(s)/HR personnel on how to properly administer the new sick leave requirements.  Stay tuned for an upcoming webinar on the sick leave requirements.  For direct assistance with policies and procedures or training, call or email Kieran Bastible, Esq at kbastible@kirschenbaumesq.com, or call 516-747-6700 x. 315, or email Jennifer Kirschenbaum,Esq at Jennifer@Kirschenbaumesq.com or call 516 747 6700 x 302.  
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WEBINAR SCHEDULE AND REGISTRATION
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Webinar Series: Financing for the alarm industry 
When: September 22, 2020 12 PM ET half hour presentation and then Q&A
Topic Details: How to Finance Organic Growth - A more specific drill-down on the many ways loan financing can help an alarm dealer grown organically through covering creation costs, enabling leasing, expansion, etc.
Presented by: Jim Wooster and Jim Wooster Jr. Alarm Financial Services, Inc  866-204-9350 ext 1200 www.alarmfunding.com
Hosted by: Ken Kirschenbaum
Who should attend: company owners and CFOs
Registerhttps://attendee.gotowebinar.com/register/3255545487536556558
This webinar will be recorded and available at https://www.kirschenbaumesq.com/page/alarm-webinars
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To order up to date Standard Form Alarm /  Security / Fire and related Agreementsclick here:  www.alarmcontracts.com
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CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY
You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
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NOTICE:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com