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 white list ****************************** Comment on which law applies in Employment Agreement / Automatic renewal provision / register for Zwirn webinar April 17, 2021 ********************** Webinar Announcement *** Title: Product deficiencies in Konnected products Topic: Products will be reviewed by renowned security alarm expert When: April 20, 2021 12 PM ET 12 to 1 PM Presented by: Jeffrey Zwirn, CPP, CFPS, CFE, SET, FASI&T, CHPA-IV, MBAT, NFPA 3000(PS), President of IDS Research & Development, Incorporated Hosted by: Ken Kirschenbaum,Esq Who should attend: alarm company owners and technicians Register Here: ****************** Comment on which law applies in Employment Agreement from April 7, 2021 article ****************** Ken Quick reminder regarding the article on April 7, 2021, Washington is a monopolistic state and they will most likely need to purchase Workers Compensation coverage through the state directly for WA employees. It is a state run Workers Compensation program, meaning Washington requires employers to purchase workers compensation coverage through their own government-operated insurance fund. The individual that asked the question will need to take out a policy through the WA state bureau along with maintaining their current WC policy for the remaining states they operate in. Ohio, Wyoming, North Dakota and Washington are the four states that are Monopolistic and require you to purchase Workers Compensation separately through the state fund. Each state is different but most do allow for owners to exclude themselves and opt out of the need to obtain workers compensation coverage. From the Washington State Department of Labor and Industries website: “If any of your employees are based in Washington you must have a Washington state workers' compensation account and report your Washington employees.” Jeff Schulz, CIC, CRM Managing Director, Commercial Division J. Krug 847.818.7508 ********************** Response ********************** Looks like I guessed right in my response on April 7, 2021. Law of the state where the employee is working seems to apply, at least for certain issues, like Workers Comp. There are certain employee protection laws that are not waivable or avoidable. You need to be aware of these issues when employing someone in an outside [of your] jurisdiction or even when sending an employee into an outside jurisdiction. Always a good idea to consult with an insurance broker who specializes in the coverage you need. J Krug is listed on The Alarm Exchange in the insurance category. ********************* Automatic renewal provision and update in New York ********************* We know that the alarm industry relies on automatic renewal provisions in alarm contracts. The Standard Form Agreements provide for month to month renewal after the initial term. I resist changing the month to month to a longer automatic renewal period even in states that current have no laws prohibiting or restricting the automatic renewal clause. Why? Just about every automatic renewal law that prohibits, restricts or conditions automatic renewal excludes month to month automatic renewal. I suppose the rationale is that month to month is really terminable at will. If your state has a law affecting the enforcement of the automatic renewal provisions, especially if separate notice is mandated, it’s likely you don’t comply with the law. If your state doesn’t have any law on automatic renewal it’s always possible that such a law may be enacted, and that would affect your existing contracts. Even if your state has an automatic renewal law and you do comply with it, it’s possible that the law will change, and not likely making it easier to enforce the automatic renewal provision. ********************* To order up to date Standard Form Alarm / Security / Fire and related Agreements, click here: ************************* CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY You can check out the program and sign up here: or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at *********************** THE ALARM EXCHANGEalarm classifieds alarm security contracts This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to To create a reciprocal link to our website, click here. ************************************************ 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 ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301