KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Comment on What’s up with the FTC ban on non-compete agreements July 5, 2024 ************************* Comment on What’s up with the FTC ban on non-compete agreements from article on June 28, 2024 ************************ Ken The FTC voted 3-2 in favor of banning “most employers” from using non-compete agreements in an employment relationship with certain exceptions. The 3 democratic commissioners on the board voted for approval while the 2 new republican commissioners dissented. What should be banned is unequal representation. Dusan **************************** Response *************************** Elections matter. **************************** Another comment **************************** Ken Very interesting article on the FTC ban; thanks for sharing with all of us. What are your thoughts of the below and how it will impact alarm companies. There were injunctions that stopped it in the past but it appears they have expired and now this is going to happen. On April 23, 2024 the U.S. Department of Labor (DOL) announced an update to the Fair Labor Standards Act (FLSA) overtime rule that increases the salary threshold in two phases: first to $43,888 ($844 a week) on July 1 and then again to $58,656 ($1,128 a week) as of Jan. 1, 2025. Thanks again for all your wisdom. Mike **************************** Response **************************** At the moment we have until September 2024 before we need to worry about the ban on restrictive employment agreements. In many cases the use of restrictive covenants in employment agreements are unnecessary for the protection of employers and overly burdensome to employees. For example, and without intent to denigrate any particular job, why should Burger King be able to restrict its counter help from going across the street to work at McDonalds? I can see how an in-house marketing director might be restricted. Employees will, even if the rule goes into effect, be able to be restricted. · Employees can still be restricted from possessing or disclosing confidential and proprietary information · Employee can be restricted from soliciting other employees to leave the job · Employers can claim ownership of an invention or work product developed by the employee while on the job · Employees can still be required to remain on the job for specific minimum time or be required to re-pay expenses incurred by the employer training the employee. The expenses would need to be identified and reasonable. This, like other restrictions, would need to be carefully spelled out in an Employment Agreement with the employee and employer. · Garden Leave requirements with severance pay, with reduced work, is also still going to be permitted. This requires the employer to continue paying the employee who in turn is not permitted to work elsewhere. These are some of the things we will consider in the K&K Employment Agreement. In fact some of these items are already in the Employment Agreement and should continue to be enforced. **************************** STANDARD FORMS Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
