Paying Commissioned Employees / Acronis Backup & Recovery /
Changing Contract Provisions / Follow Up on Oklahoma Picture Requirements
May 7, 2013
Question - Paying commissioned employees:
Hi Ken,
I had a question for forum, I'm not sure of you would post this or it would go under you employment news letter.
What is the standard time that companies wait to pay commissions and is there a "time limit" by law that requires them to be paid within a certain time of the deal closing? I know software has been talked about a few time on here so I was curious as to what other companies use to manage their commissions. We are growing and need to find a solution that will help not only us but make it easier for our employees as well.
Thanks for your help,
Annette Smith
inVision Security
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Response
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Can anyone suggest what the customary time is for paying commissioned employees?
This is going to be a matter of negotiation and contract terms that you have with your commissioned employee. The first and most important issue I want to warn you about is that your agreement with your commissioned sales people should be in writing. In New York, and perhaps elsewhere, the penalty for not having a written commission agreement is pretty severe. In New York if there is no written commission agreement then only the commissioned employee is permitted to testify to the terms of the commission agreement. Make sure your commissioned employees are under an Employment Contract - and in fact, make sure all of your employees have signed an Employment Contract.
You should make clear if your commissioned employee is receiving advances against commission that must be paid back if the requisite commissions are not earned, when the payments are to be made and what other conditions precedent exist for payment or reimbursement.
To sign up for the Kirschenbaum & Kirschenbaum Employment newsletter, go here:
https://www.kirschenbaumesq.com/page/employment
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comment re Acronis Backup & Recovery 11.5 Workstation
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Ken -
Acronis Backup & Recovery 11.5 Workstation http://www.acronis.com/backup-recovery
is a popular backup software used by IT departments for laptops, desktops and servers.
As an organization who uses Acronis, we discovered a bug in Compass, Honeywell's Remote Programming software that interferes with the proper function of Acronis.
The issue: when Compass 2.0 is, when launched it causes the Acronis Scheduler service to terminate unexpectedly. Upon discovering this bug we notified Honeywell tech support and felt that it may benefit others who are using Acronis Backup & Recovery 11.5 on the same machine that has Compass 2.0 loaded. I have included the thread with Honeywell support. Feel free to edit content as needed.
John
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comment on changing contract provisions from April 26, 2013 article
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Ken
I think you make an important point, namely that preventative actions, like customizing a contract or policy, are less expensive and time consuming than a clean up operation. To be risk averse, you need to be legally aware and well advised. Yet, as lawyers, we find that the opposite is more likely to occur. Even astute business people avoid engaging counsel but, when contract or regulatory obligations are involved, so much is at stake. My area of the law (employment) is changing faster than I can blog about it! So, don't hesitate to ask those questions.
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follow up on Oklahoma picture requirements
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Ken
I spoke with the lady in charge of the department when they made the switch to the Department of Labor. I was told that there is currently no procedure in place for out-of-state companies to submit a photo and that for this renewal the license would show “No Photo available” when printed. However, for the renewal after this one, the licensee would have to travel to OK to have the photo taken. She stated that maybe in the future they could have some locations approved in other states to take the photo, but I don’t know when or if that will be acted upon. Contact information for Bettye Finch, Bettye.Finch@labor.ok.gov, Oklahoma Department of Labor – Licensing Director
Stephanie Miller
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Hi Ken,
After discussion and considerable thought we decided to go to Oklahoma for the picture after all, The picture is good for 10 years so it doesn’t seem like it is worth arguing about. So Oklahoma here we come.
Bob Keefe
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