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
Our last several Dealership Update newsletters have focused on new developments in dealership employment law, from heightened scrutiny of dealership arbitration agreements and employee handbooks, to the union threat in the...more
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
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
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 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
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
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
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
2/6/2015
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
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
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
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
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
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