Matthew Simpson

Matthew Simpson

Fisher Phillips

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Latest Publications


The Top Five Reasons You Can’t Blame Employees For Joining A Union

Why do employees join a union? Following the recent implementation of the National Labor Relations Board’s “quickie election” rules, many businesses pointed their fingers at the Labor Board, politicians, and unions. After...more

6/14/2016 - Human Resources Professionals NLRB Quickie Election Rules Union Elections

The NLRB's Attack On Dealership Arbitration Agreements

Many of our dealership clients utilize binding arbitration agreements to resolve employee disputes. Arbitration agreements provide a number of unique benefits to those dealerships that wish to avoid the costs and negative...more

5/3/2016 - Automotive Industry Binding Arbitration Car Dealerships Class Action Arbitration Waivers Employment Contract NLRB

How Have Dealerships Fared In Fight Against Union "Quickie" Elections?

The National Labor Relations Board’s (NLRB) “quickie” election rules took effect on April 14, 2015, substantially expediting the union election process. Among other things, the new rules cut the time period between...more

2/8/2016 - Ambush Election Rules Best Management Practices Car Dealerships NLRB Unions

The Supreme Court Will Decide Service Advisor's Exempt Status

Dealerships will soon get a decisive ruling from the U.S. Supreme Court about an issue that has become a thorn in the side for many dealers. The issue: whether Service Advisors are exempt from overtime requirements under...more

2/3/2016 - Car Dealerships Exempt-Employees FLSA Navarro v Encino Motorcars SCOTUS Service Advisors

Proposed Overtime Regulations Will Likely Affect Your Dealership

The United States Department of Labor (USDOL) recently announced proposed revisions to some of the most commonly used exemptions to minimum wage and overtime, saying it will “extend overtime protections to roughly five...more

11/4/2015 - Automotive Industry Car Dealerships DOL Exempt-Employees Minimum Wage Proposed Regulation Unpaid Overtime White-Collar Exemptions

Dealership Handbooks Remain In The NLRB's Crosshairs

As we advised almost a year ago, the National Labor Relations Board (NLRB) has recently been subjecting dealership handbooks to increased legal scrutiny. Whether or not your dealership is unionized, your employment policies...more

8/6/2015 - Automotive Industry Car Dealerships Confidential Information Dress Codes Employee Handbooks NLRA NLRB Social Media Policy

Technology And The Workplace

How Email And Texting Are Transforming Business Interactions - The automotive industry has embraced technology. Most dealerships have installed business development centers, and Internet departments to attract the...more

5/7/2015 - Automotive Industry CAN-SPAM Act Car Dealerships Confidential Information Contract Formation Discrimination Email Harassment Privacy Laws Sexual Harassment Social Networks TCPA Technology Text Messages

The Top 5 New Year's Resolutions for Your Dealership

Given the hectic pace of work at dealerships, employment matters sometimes fall to the back of a dealership’s “to-do” list. Too often, the end result is expensive, embarrassing, and often unnecessary discrimination charges...more


Dealership Handbooks Are Being Picked Apart

Whether your dealership is unionized or you’ve never had to deal with organized labor, your employment policies are more likely now than ever to be targeted by the National Labor Relations Board (NLRB). Over the past two...more

8/19/2014 - Car Dealerships Employee Handbooks NLRA NLRB Unions

Is Your Dealership Taking Advantage Of Employment Arbitration?

Many dealerships try to reduce the risk of high-dollar litigation and runaway jury awards by invoking mandatory arbitration for their applicants and employees. Employees who think that they were paid or treated unfairly are...more

5/21/2014 - Automotive Industry Car Dealerships Employment Contract Employment Policies Hiring & Firing Job Applicants Mandatory Arbitration Clauses NLRB

Dealership Update, No.4, November 2013: Are You Paying Your Detailers Correctly?

Over the last year, there has been an increase in dealership payroll audits by the U.S. Labor Department (DOL). Some DOL investigators have implied that these audits are part of a broad internal "initiative" to check...more

11/18/2013 - Car Dealerships Compliance DOL Wage and Hour

Dealership Update, No. 4, November 2013: The ADA And The FMLA: Look Both Ways At The Intersection

Employees who become injured, disabled, or ill may be entitled to leave under several federal laws including the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Complying with the...more

11/12/2013 - ADA Disability Disability Discrimination Discrimination EEOC FMLA

Dealership Update, No. 3, August 2013: Courts Don't Buy DOL's Position On Service Advisors

We expect that our dealership clients are now familiar with the U.S. Labor Department’s continued attack on the exempt status of dealership service advisors. ...more

8/12/2013 - Car Dealerships DOL Exempt-Employees FLSA Full-Time Employees

Courts Aren't Buying USDOL's "Service Writer", "Service Advisor" Comments

In April 2011, the U.S. Labor Department disavowed its 24-year-long acknowledgment that the federal Fair Labor Standards Act's Section 13(b)(10)(A) overtime exemption applies to automobile-dealership employees doing the...more

2/25/2013 - DOL Exempt-Employees FLSA Over-Time Service Advisors

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