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link for Sexual Harassment training webinar / comment on when employee starts work / electronic notice of cancellation
September 29, 2018

link for our Sexual Harassment training webinar presented on September 20, 2018:
comment on when employee starts work from September 21, 2018 article
    I once managed a large auto parts chain that had their own Central Station.  Employees in CA sued for unpaid wages for the time between when the alarm was turned off and the time that they clocked in on the computer.  I had to produce years of alarm activity showing those times. 
    I quickly learned when it comes to employee wages, workers comp ...etc., this question:
"W as the employee engaged in business of his employer?".  Back wages were paid to the employees.

    You need to know when your employees are engaged in "employer" duties and entitled to "employee" protection.  These are often issues that are overlooked until employees look for the benefits that they were entitled to and didn't get.

electronic notice of cancellation
    If we send a contract to a customer electronically, do still have to send the “NOTICE OF CANCELLATION”? 
I know that if we close a deal at the customer’s site, we are required to leave the notice with the customer.

    A good argument can be made for not providing a 3 day cancellation notice when the consumer contract is executed electronically, but that would not be correct under all circumstances.  The 3 day cancellation notice is a "cooling off period" which was enacted in response to high pressure door to door sales.  If your sale required a visit to the consumer's residence or if your sales person was at the residence when the consumer was asked to sign the contract electronically then it would be wise to use the 3 day notice of cancellation form and procedure.
    If you are mailing the consumer the contract and hoping it gets signed and returned by mail, or if you are providing an on-line electronic contract to be signed without having gone to the premises, the 3 day notice of cancellation is probably not required, but I suggest you use it anyway.  Why?  Consumers may complain they were entitled to it; buyer of your accounts and contracts may expect you to have offered it and consumers may be entitled to the same protection required for in-house sales as on-line contract execution.  One of the 
Standard Formsoffered at is the Disclosure and Consent to Electronic Communication.  In this form the consumer acknowledges that certain consumer laws require delivery of written notices and papers, and that the consumer is consenting that those notices and papers can be provided electronically, just as the contract is being provided.  This form goes well beyond the Disclosure Notice provided by the company you may have engaged to provide the electronic platform and electronic contract.  Those disclosure notices generally limit themselves to advising the consumer that the execution of an electronic contract is as valid and enforceable as a signed paper contract.
    So if you are getting your contracts signed electronically, use the Disclosure and Consent formand give the appropriate notices.

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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
516 747 6700