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 ****************************** Consequence of service techs being on 24 hour call / Employment contracts July 23, 2024 *************************** Consequence of service techs being on 24 hour call *************************** Some alarm companies pride themselves as providing 24/7 service to customers. Some of these actually have staffing on duty to answer these calls; others have their staff “on” call, responsible for being available if and when the need arises. If these are salaried employees on managerial level this arrangement is not a problem. However, for hourly employees it creates a serious issue, seriously expensive, for you. The Fair Labor Standards Act (FLSA, a federal law, establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees. A recent federal court case illustrates the issue well. A building superintendent was required to be on call round the clock for emergency situations, including when he was not “clocked in” getting his hourly compensation. The super also claimed he was entitled to an apartment. The claim for the apartment was no in any written document and the court rejected it. However, citing FLSA the court found, in summary judgment, that the super as entitled to be paid for his round the clock on call time. [Lindow v Metropolitan Realty Group 19 civ 2021 USDC, EDNY] Telling your techs you expect them to be available if called will likely be treated similarly. I don’t know your exposure if we change the scenario a bit. For example, what if you tell technicians that you may call upon them after hours and if they are available great, if not, no problem. Of course once they run over the daily or weekly time limits they will be entitled to over-time pay. One of the most basic practices you can have is to use Employment Contracts with all employees, carefully wording the terms of employment. The Employment Contract will also serve to protect the value of your business by making clear that conflcts of interest are not tolerated and your business records are proprietary and confidential. Non-Compete provisions are also included in the K&K Employment Contract. Those still concerned with the FTC ban on non-competes can relax because the implementation of that FTC ruling has been stayed. Most likely the rule will never be implemented. If the Supreme Court doesn't kill it a Trump presidency is likely to kill it. Employment and labor law is complex. If in doubt K&K Employment Department can help. The K&K Concierge Program includes employment law issues, giving you free time each month for questions that pop up and discounts on legal work that you need. Join and take advantage. The Concierge Program is not limited to electronic integration industry contracts and issue. Call Concierge Program Coordinator Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com or sign up here: https://www.kirschenbaumesq.com/page/concierge *********************** Employment Contracts ************************ Ken It's essential to get an Employment Contract from Ken and get it TODAY. We had every employee , subs — anyone with access to account info sign. Even the office cleaning lady . I am not kidding . The account has monetary value and also market penetration value , sticker and yard sign value . Value for service and upgrade value . Referrals value . Tell your employees your bank or attorney or your consultant or your insurance company or your mother is forcing you to get a contract signed . Period . You work hard to get an account. Work smart to retain them. Jim Wooster Sr Alarm Financial Services jtwooster@alarmfunding.com cell 917 747 5379 ************************ Response *********************** Good advice. *********************** 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
