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what do you pay salesman / recording elevator audio March 24, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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what do you pay salesman / recording elevator audio
March 24, 2017
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Next webinar March 28, 2017 - see schedule below
TitleAll You Need To Know About Alarm dealer program contracts - getting in and getting out
Register here: https://attendee.gotowebinar.com/register/7359323076355955715
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what do you pay salesman
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Ken,
    One of my Integrator clients in the Tri-State area is looking to expand by hiring his first commercial sales person.  Can you or one of my fellow subscribers help with what type of budget / comp plans are recommended?
    Thank you in advance for your help with this.
Best,
David Morgan
Security Dealer Marketing
dmorgan@sd.marketing
888-572-4450 x100
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Response
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    Since I don't employ alarm sales people I don't know, but someone out there should be able to help.  Anyone??  
    I do see different compensation packages and deals occasionally when a dispute arises between the company and employee or independent sales person.  I think you will find that the most common arrangement is base draw against commission based compensation.  Use to be 10% of the installation charge and 2 months RMR; not sure if that still works.  
    Keep in mind that every employee, but especially a commission based employee, should be under written contract.  For the regular W2 employee use our Employment Agreement.  If you engage an independent sales person, who is really independent, getting a 1099, then use the Independent Sales Affiliate Agreement.
    Since your dealer is in the tri-state area (New York) I'll mention one other little tidbit.  If you have a commission based employee and no written contract, and a dispute arises regarding the commission deal, only the sales person is permitted to testify at a trial.  So what the sales person says is all the judge will hear.  Quite the penalty for not having a written contract.  I don't know if other states have similar laws.
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recording elevator audio
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Ken,
    We recently installed an elevator communication system in a large office building in Manhattan.  When an elevator passenger presses a "Help" button the call is answered at the building's fire command station, which is staffed 24/7.  Calls to elevators may also be initiated at fire command.
    Building management now wants us to add equipment to record all conversations from and to the elevators.  
    Since New York is a one-party state (Democrat, I believe), is it sufficient to have all employees who work at the fire command station sign a release?  Does the fact that there may be more than one person in an elevator change the interpretation of the law?  The situation seems analogous to a central station that records all incoming and outgoing calls.
    If the one-party release is adequate, will a simple "I hereby authorize the monitoring and recording of all of my elevator emergency communications at..." suffice?
    Please suggest other language that may be needed, or send me a sample letter if you have one.
Thank you.
Regards,
Don Fait
F.D. Security Systems, Inc.
Katonah, NY
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Response
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    Good question.  If a passenger requires assistance and pushes the help button I suppose that doesn't mean there is an expectation that the conversation will be recorded.  In New York the issue is resolved by having the operators at the call station sign consent to record agreement.  That should be included in their employment agreement or it can be in a simple form.  Your suggested language is acceptable.
    Hear is what is not permitted and how liability can arise, not for you but for the subscriber and employee who abuses the use of the recording.  The operator serepitiously activates the audio and listens or records a conversation in the elevator.  Interesting thing is, there may be one person in the elevator talking to himself.  Since the operator isn't a party to that "conversation" there would be no consent.  If two or more people are recorded without their knowledge that would also violate the law.  
    How the unlawful recordings are used is of course the issue.  If listened to but never made public or used in any way then no one is the wiser.  But image secret recordings in Trump Tower elevators that make their way to the media.  Or elevators in a building where Morgan Stanley investment bankers think they are in a private place and start talking about insider information.  Soon after one of the operators, or all of them, start driving to work in their new Mercedes.  
    You have no exposure by the way.  You install it and it's up to the subscriber to use the audio lawfully.  Be sure to use our Elevator Monitoring Contract with the subscriber. 
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WEBINARS:  Sign up for any or all of the webinars that interest you.
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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
Register for one or all.  Each presentation scheduled for half hour to hour.  Not recorded.
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TitleAll You Need To Know About Alarm dealer program contracts - getting in and getting out
When: March 28,  2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about honeypots/trappings of dealer program contracts and how difficult they are to get out of. 
Who should attend: Alarm company owners.
Presented by: James Babbitt, Esq. General Counsel, RMR Capital Group jbabbitt@rmr-capital.com; 952 467 8610
Register herehttps://attendee.gotowebinar.com/register/7359323076355955715
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TitleAll You Need To Know About Getting Top Dollar for your  Alarm Business -sale or financing
When: April 11, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about how to maximize the value of your alarm business and position yourself for sale or financing
Who should attend: Alarm company owners.
Presented by: Rory Russell, Acquisition Funding Services, www.afssmartfunding.com 888 551 0476
Register here: https://attendee.gotowebinar.com/register/3874048237745402369
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TitleAll You Need to know about Internet security and why is it relevant for the alarm industry 
When: April 25,  2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: Discussion of securing Internet devices.  Attacks by Mirai and other botnets and disruption to Internet services around the world made possible because of the millions of poorly secured cameras, DVRs and other installed network devices. 
Who should attend: Alarm company owners, general and technical managers
Presented by: Securifi, a leading router and smart home hub company, soon to be offering its own comprehensive Total Security Solution (Monitored Security + IoT Security + Parental Controls + Malware Blocking) to the alarm industry.  Rohit Somani     rohit.somani@securifi.com    855 969 7328  
Register here:  https://attendee.gotowebinar.com/register/6899604070803705091
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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
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