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will you get stuck for workers comp for your sub / new NFPA 72 fire codes for in-building radio signals March 28, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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will you get stuck for workers comp for your sub / new NFPA 72 fire codes for in-building radio signals
March 28, 2017
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Still time to register for today's webinar:
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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will you get stuck for workers comp for you sub
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Ken;   
    In almost every state a contractor who hires a subcontractor without their own workers compensation to perform work is liable for workers compensation benefits in the event that 1099 is injured while working for the contractor.  
    Point to the story is that any contractor that uses 1099’s in any capacity should 
obtain an insurance certificate that provides evidence of workers compensation, and 
obtain a waiver of subrogation endorsement from the work comp insurer in favor of the contractor and contractors client.
    Safe Travels
Mike Lehner, Principal
The Mechanic Group, Inc.
Pearl River, NY 10965
Phone : (845) 735 0700
mlehner@mechanicgroup.com
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Response
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    If you use subcontractors you need to be very careful with the workers comp issue, but that's not all.  
You are likely to be audited yearly by your workers comp carrier and it will be checking to make sure you paid a premium based on all of your employees.  If the carrier identifies subcontractors it will be your burden to prove that the subcontractors had workers comp insurance or you will be charged additional premium for those workers.  And that's not the worse case scenario.  If your subcontractor gets hurt on the job and doesn't have his or her own workers comp, that injured subcontractor [or any of its injured employees] is going to make a claim to your workers comp carrier and that claim is going to be denied because the injured worker is not on your policy.  The injured subcontractor will be able to sue you directly and you won't have insurance.
    And there's more bad news.  Federal income tax and other benefits you offer to your W2 employees.  If your 1099 subcontractor is really not a subcontractor, but really an employee, that subcontractor-employee can claim benefits offered to your other employees and you could be held liable for failing to withhold income tax, social security and disability benefits.  
    More bad news.  If you're licensed and your employees need to be licensed, certified, documented, registered, or anything else, you better make sure your subcontractor is licensed and has properly licensed, certified etc its employees, or that is also going to come back to bite you, you know where. You'll be the one to get the license violation fines.
    Subcontractors should be required to sign our Subcontractor Agreement [which calls for insurance and licenses].  If you have 1099 sales people they need to sign the Independent Sales Affiliate Agreement.  If you follow the requirements of the agreements you should be protected.  
    I do have one dilemma.  What to do when your one man subcontractor tells you that a single man business doesn't need workers comp.  To be safe I think you should cover that sub under your policy even though paying him as a 1099 sub, or require him to get his own workers comp policy.  Any brokers care to comment on this issue [or anything other]?  
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new NFPA 72 fire codes for in-building radio signals
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Ken,
    I enjoy reading your daily articles and The Alarm Exchange and thought I’d introduce my company, what we do, and how we partner with Alarm companies.     
    If you’re not aware, new IFC 510 and NFPA 72 fire codes have been added to address in-building radio signal levels for Public Safety.  Basically, all new construction in excess of 25,000 sq/ft must achieve minimum indoor signal level requirements for police / fire / ems radios.
    Presently, it’s being enforced on new construction, but grandfathering is expected to end over the next five or six years. All AHJ’s are different and there’s no uniform enforcement. Some states are rigidly enforcing, others have yet to start.  One thing is for certain, the new fire codes will be implemented and grandfathering on existing structures will end.
    My company, Signal Compliance Solutions, designs, installs, and maintains in-building radio solutions throughout the USA. We help alarm companies expand their services offering to include wireless and bid on new projects, providing them with a competitive advantage.  Frequently, these systems are known as BDA’s (bi-directional amplifiers) or Public Safety DAS.
    Signal Compliance also provides cellular enhancement of commercial buildings. We boost the cellular signals for all carriers.  If you’d like to learn more about what we do, please give me a call.
Best Regards,
Mark Reynolds, PE., President
Signal Compliance Solutions
508-737-5421 direct
www.signalcompliance.com
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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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