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Dealership Update: Is it Time For a Trade-In of Your Employee Handbook?

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

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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 , College Admissions , Colleges , Construction Industry , Consumer Privacy Rights , Coronavirus/COVID-19 , Corporate Counsel , Criminal Prosecution , Cybersecurity , Data Deletion , Data Privacy , Data Security , Department of Homeland Security (DHS) , Department of Labor (DOL) , Diversity , E-Verify , Educational Institutions , EEO-1 , Electronic Records , Employee Handbooks , Employer Liability Issues , Employment Eligibility Verification , Employment Litigation , Employment Policies , Equal Employment Opportunity Commission (EEOC) , EU , Exempt-Employees , Fair Labor Standards Act (FLSA) , Federal Contractors , Federal Labor Laws , Federal Trade Commission (FTC) , Foreign Corrupt Practices Act (FCPA) , Foreign Nationals , Foreign Workers , Form I-9 , H-1B , Health Care Providers , Healthcare Facilities , Healthcare Workers , Highly Compensated Employees , Hiring & Firing , Hospitality Industry , Hotels , Human Resources Professionals , International Labor Laws , Joint Employers , Jury Verdicts , L-1 Visas , Labor Reform , Labor Relations , Labor Shortage , Manufacturing Employers , Mergers , Mexico , Name and Likeness , New Legislation , New Rules , NLRB , Non-Compete Agreements , OFCCP , OSHA , Over-Time , Pay Data , Pay Equity Laws , Pay Transparency , Payroll Taxes , Privacy Laws , Professional Employer Organization , Proposed Rules , Recordkeeping Requirements , Recruitment Policies , Remote Working , Reporting Requirements , Restaurant Industry , Restrictive Covenants , Retirement Plan , Salaried Employees , Scheduling Letters , School Districts , School Policies , SCOTUS , SECURE Act , Severance Agreements , Sports , Staffing Agencies , State Labor Laws , State of Emergency , Student Athletes , Student Loans , Students , Tip Credit , Title IX , Trade Secrets , Transgender , Union Organizers , Unions , Universities , USCIS , Wage and Hour , Workplace Safety , Workplace Violence

Auto Dealer Snapshot Takes Deeper Dive into Industry Attitudes Related to Economic Uncertainty

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

Supreme Court Introduces “Fair” Reading Of FLSA Exemptions

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

The Final Word: Service Advisors Are Exempt From Federal Overtime Laws

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

A "Fair" Reading of FLSA Exemptions: The Supreme Court Holds that Service Advisors Are Exempt from Federal Overtime Laws

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

What Can You Get for $535?

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

Will Dealerships And Third-Party Detailers Continue To Face Increased DOL Scrutiny?

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

A Dealership’s Guide To Sexual Orientation Discrimination In The Workplace

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

Are Your Pay Practices Still Compliant?

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

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

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

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

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

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

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