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comment on ADT sues sales rep / comment on camera concerns March 28, 2018

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on ADT sues sales rep / comment on camera concerns
March 28, 2018
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comment on camera concerns from March 16, 2018 article
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Ken,
    Regarding the original position of cameras, I would encourage that images of the original set position of fixed and PTZ cameras be taken and added to the project file. For exterior cameras where foliage and landscaping can change, I would use some kind of signage (person holding a flag/pennant) to mark the extent of the coverage.  Additionally, for PTZ I would capture a screen shot of the settings for the "home" position including auto time to return to home after being used manually.  Of course, all of this should occur immediately following Owner Acceptance, and they can then sigh off on this "package".  This package should be a "living" document that is modified, added, subtracted as modifications are made to the system.  Basically your own "contemporaneous" document.
Dave Miller, SET
Principal
MCG Design Services
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Response
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    I can't say that your suggestion is wrong, only that it is perhaps overkill.  Camera positioning should be specified in the contract, but I don't think you need to go to the extreme of capturing a picture and saving it in your file.  So the contract might state, 3 cameras: front door, side door, garage door.  The fact that the side door camera may also cover a neighbor property should not be a problem, unless you have the camera positioned so that it looks into the bedroom window.  
    This issue is only going to get more problematic as equipment becomes more advanced; cameras that telescope and audio that hears a pin drop from 250 feet away.  I guess we'll deal with that, contractually, when the time comes.
    For now, install the equipment in a lawful place, or rather don't install it in an obviously unlawfully place, use the Standard All in One Agreement and Disclaimer Notice, and rest easy.
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comment on ADT sues sales rep from February 12, 2018 article
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Ken,
    I have a question regarding the ADT matter in your February 12, 2018 article.
    I have a sales team that is paid full commission.  We have pay structure based on monthly activated security accounts.  To reach their goal, I have set smaller goals such as number of phone calls, emails, and appointments.  If the rep does not send enough emails, I set a required, recurring, scheduled work session to complete the email work, however it is not paid except with the end goal in mind (ie no hourly wage for the time spent).  Is this a problem?
Anonymous
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Response
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    It's not a problem as long as you have clear guidelines for how and when commissions are earned and paid.  
    Sounds like you have commission earned based on activated accounts.  In order to encourage your sales people to reach reach their sales goals you have interim goals established, all of which should lead to more consummated sales.  If they don't reach their ultimate goal you require them to work a longer schedule in order to achieve the interim goals.
    They don't like it, they can quit.  Just because a salesperson works commission only doesn't mean an employer can't set the work hours and conditions.  
    But here's the information I think you are looking for.  Even a commission only sales person has to earn at least minimum wage.  Check out the Federal Fair Labor Standards Act, section 29 of the Code of Federal Regulations 779.416.  You can handle that with a draw against commission.  
    Make sure every employee signs an 
Employment Agreement and every 1099 sales person signs an Independent Sales Affiliate Agreement.
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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
516 747 6700
www.KirschenbaumEsq.com