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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 or sign up  here:
Employment Contracts

        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.
im Wooster Sr  
Alarm Financial Services
cell 917 747 5379

       Good advice.

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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