Your employee handbook has something in common with the products you sell: neither lasts forever and both eventually will need an update. Think about when that new car rolled off the lot with that new car smell. It was...more
9/17/2024
/ Anti-Harassment Policies ,
Automotive Industry ,
Car Dealerships ,
EEO ,
Employee Handbooks ,
Employee Misconduct ,
Employment Policies ,
Lactation Accommodation ,
Reasonable Accommodation ,
Remote Working ,
Rest and Meal Break
When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
12/4/2023
/ 401k ,
Acquisitions ,
Affirmative Action ,
Artificial Intelligence ,
Automotive Industry ,
Bias ,
California Consumer Privacy Act (CCPA) ,
Car Dealerships ,
Chevron Deference ,
Child Labor ,
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Construction Industry ,
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E-Verify ,
Educational Institutions ,
EEO-1 ,
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Employee Handbooks ,
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EU ,
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The news that the economy has shrunk for a second straight quarter might not come as a surprise to businesses in the automobile industry. After all, the results of our FP Flash Survey on Economic Uncertainty revealed that...more
If you’re not an auto dealer and you missed last month’s Supreme Court decision in Encino Motorcars, LLC v. Navarro, we forgive you. After all, a ruling on the correct application of the “salesman” exemption to service...more
5/14/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Congressional Intent ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
It’s finally over; we can now say definitively that service advisors employed by automobile dealerships are exempt from federal overtime requirements. If you haven’t been following this story ... what have you been...more
5/3/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Congressional Intent ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
If you're not a car dealer and you missed the Supreme Court's decision last week in Encino Motorcars, LLC v. Navarro, we forgive you. After all, at first blush, the decades-long battle over application of the "salesman"...more
4/12/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Congressional Intent ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
An expensive lawsuit.
Let’s say you have a service advisor who is paid $525 per week, plus commissions. The service advisor makes a blatant and careless mistake on a customer invoice, costing your dealership $535. The...more
During the Obama administration, the U.S. Department of Labor (DOL) placed special emphasis on scrutinizing the alleged misclassification of independent contractors and joint employer relationships. Dealerships were notably...more
8/4/2017
/ Automotive Industry ,
Car Dealerships ,
Department of Labor (DOL) ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Obama Administration ,
Secretary of Labor ,
Third-Party Service Provider ,
Trump Administration ,
Wage and Hour ,
Withdrawal
Following the landmark 2015 Supreme Court decision making same-sex marriage legal across the country, federal courts have grappled with determining which types of claims are actionable under the “sex” provision of Title VII,...more
5/6/2017
/ Anti-Harassment Policies ,
Automotive Industry ,
Car Dealerships ,
EEO-1 ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal v State Law Application ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Split of Authority ,
Title VII ,
Transgender
By now you have likely heard about a recent Supreme Court decision and a change in federal wage and hour regulations that have a direct impact on the retail automotive industry. The good news is that the Supreme Court...more
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
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
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
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
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