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Comments on cameras in break room

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Ken,

On the camera in break room issue, this was just litigated in the federal courts with an order to remove the camera being granted! The NLRB views any camera or recording device in a break room or lunchroom to be a restriction in the right of concerted action as it would create a "chilling effect" on collective bargaining, unionization, etc. Under these circumstances, a provision in an employee handbook consenting to the camera would not only be a nullity but would create exposure.

Ruth Kraft, Esq

RKraft@Kirschenbaumesq.com

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Ken,

We had a customer request cameras for the bedrooms because they suspected home health care workers of taking money while they slept.

We had reservations about it because we were not sure it was OK for a husband to install a camera in his bedridden wife's bedroom.

Ron

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Response

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I think the husband can consent for the wife under these circumstances

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death and contract

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Ken

Is the contract still COMPLETELY valid after the death of one partner?

MUST, or SHOULD it be updated to show only the remaining occupant?

If NOT RE-SIGNED, is there ANY exposure for the alarm company in the event of a claim?

Peter

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Response

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As long as the survivor has signed the contract its enforceable

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do you have to charge

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Ken,

Thanks for your email.

When not charging for monitoring in an exchange with a colleague you had me modify your agreement to the effect of "Other valuable consideration, the sufficiency of which is acknowledged" in lieu of a monetary amount. My new situation is that I had your original agreement as $20 per month. I want to lower that for my cousin to $1 per month. Does that affect my contract in a way that somehow increases my liability should something happen and her insurance company wants a piece of me? Or, can I just drop her monitoring rate and continue business as usual.

Thanks again. You're a great asset to the people who understand the value of a good contract.

Larry

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Response

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What you charge won't affect enforcement of the contract.

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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com. Most comments and questions get circulated.

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                                                          Speaking Engagements

If you would like to schedule a free live video/webinar presentation for your association meeting or event contact Eileen Wagda at 516 747 6700 x 312.

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Alarm Association of Greater St. Louis. September 16, 2014. at Tech Electronics HQs office at 6437 Manchester Ave, St. Louis, MO 63139. Meeting is from 11:45 – 1:30 Video conference presentation starting at 12:15 CST. For more information or to register contact Tony Drago adrago@tyco.com www.alarmstl.org

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NYSESA - September 17, 2014 at Honor's Haven Resort, Ellenville, NY. This is the NYS Electronic Security Assoc annual meeting. Presentation on updated contracts and current legal issues will be at 10:30 AM. For more information or reservations contact Dale R. Eller, Executive Director (814) 838-0301 dalereller@itzsolutions.com

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Texas Burglar and Fire Alarm Association. October 1 - 4, 2014, annual convention at San Luis Resort Spa & Conference Center, Galveston, TX. Register here: http://tbfaa.org/tbfaa-2014-convention-trade-show-attendee-registration/

For more info contact Debi at 281-859-4569. Brad Shipp, Executive Director

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Alabama Alarm Association. AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205 for more info contact AAA Executive Director: director@alabamaalarm.org (205) 933-9000

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