KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Can you use employees from staffing companies to avoid licensing requirements
 / audio in business areas

July 2, 2019
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Notice: Alarm accounts for sale. Indiana. approx $4500 monitoring RMR. 50/50 resi/com. Serious all cash buyers only. Contact our Attorney Jennifer Kirschenbaum,Esq at Jennifer@Kirschenbaumesq.com or 516 747 6700 x 302
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Can you use employees from staffing companies to avoid licensing requirements
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Ken
            Some staffing companies are saying they can supply employees to Security and Fire Alarm Contractors in Florida.  Curious how this works if the staffing company is not licensed and the employee is not employed directly by the Contractor?
            Does this violate state statutes or is there a loophole?
Best regards,
Pat
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Response
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            If your jurisdiction requires that employees be licensed, registered, certified or otherwise credentialed, you cannot circumvent the licensing requirement by using employees leased or loaned to you.  One purpose of the licensing laws is to ensure that employees are capable, identifiable, screened by the licensing agency and registered to your licensed company.  Even if the staffing agency was licensed, the employee needs to be your employee and you need to adhere to licensing laws for these employees as you would for your own.
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audio in business areas
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Ken
            I have a large customer who has multiple branch locations in multiple states.  We have installed cameras with audio which we have disabled.  Our customer is asking that we activate the audio. 
            You have done my legal contracts in 2009 and I also wanted to engage you to rewrite them and customize the one I have with this customer as it covers all of their locations for alarm monitoring.
name withheld
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Response
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            Your contracts are 10 years old.  Even a 10 year old should know better.  You need to update your contracts; today.
            You can activate the audio.  The cameras are not in “private” areas and it is not up to you to ensure lawful use of the audio feature.  Your customer must adhere to either one or all party audio laws regarding mechanical interception or recording and it can do that by requiring a consent be signed by all those entering the premises.  It should also carefully guard the data and use it for lawful purposes.
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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
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com