KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Salesman compensation on RMR
July 28,  2025
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Salesman compensation on RMR
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Ken
    We specializes in video surveillance, access control, and burglar alarm systems only; we do not handle fire alarms.
    Considering our salespeople will potentially be responsible for preparing estimates, I'm wondering if it would be appropriate to adjust their compensation. Would you recommend an increase in their base salary or commission structure to reflect this added responsibility?
    Additionally, I'm currently paying our salesperson a 5% commission on all recurring customer fees. I'd be interested in your opinion on whether this is a standard or effective practice within our industry.
    Thanks again for your guidance.
name withheld
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Response
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    I have to defer to others in the industry for custom practice for paying sales people.  I think most sales people are responsible for pricing a job.  Whether you want to add a new title of "estimator" to their title of "sales person" is up to you.
    You do have to be careful structuring a commission based on recurring revenue.  For one thing you don't mention if the commission is calculated and paid when the customer signs up, makes first payment or continues over the life of the contract on the recurring revenue.  You need to deal with default if the commission is paid on sign up.  If over the payments then you need to be careful providing for when the sales person leaves employment, when the account is sold, and when the account goes into renewal or has price increases.  
    I did some quick math.  On a 36 month contract at $30 a month the total to be collected is $1080, and 5% of that is $54.  Over 60 months its $1800 and 5% is $90.  If the commission structure is 2 months RMR the commission would be $60.  

    Your relationship with your sales person, and every employee [but especially those on commission] must be in writing.  Use the K&K Employment Agreement.
    I assume that most sales people are paid on commission, at least in some part.  Anyone care to share their experience.
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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