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
You may have heard about the so-called new “overtime” rule, which the U.S. Department of Labor announced on April 23. You also may have heard that the new rule will require employers to increase the annual salary paid to...more
‘Tis the season for change. The weather is changing. The leaves are changing (or have changed). Twitter is changing. The political landscape is changing. Employment laws have changed or will be changing. The calendar will be...more
A Houston-based vendor that provides detailer, car wash, and valet services to area dealerships recently agreed to pay $166K to resolve an employee misclassification complaint filed with the United States Department of Labor...more
A single word may be enough to land your dealership at the receiving end of a lawsuit – maybe even a jury trial. Especially, as an Illinois dealership recently learned, if that word is the most egregious racial epithet in the...more
Until now, having a reduction-in-force in the sales department of a retail automotive dealership was about as rare as selling vehicles at MSRP. Thanks to a combination of factors, including the pandemic and the chip shortage,...more
The CDC’s recent recommendation that people in geographic areas with substantial or high COVID transmission rates wear masks indoors, regardless of vaccination status, has added a new wrinkle in the already challenging world...more
8/3/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Vaccinations ,
Workplace Safety
The implementation of the Virginia Overtime Wage Act (VOWA) on July 1 serves as a reminder to all dealerships across the country to consider federal, state, and local law when classifying employees for wage and hour purposes....more
Poor Sisyphus. This unlucky dude from Greek mythology must have really gotten sideways with the powers that be. As the story (myth) goes, the Greek gods sentenced Sisyphus to spend eternity pushing a huge boulder to the top...more
You just learned that one of your employees expressed their opinion about the election on social media. Their unfiltered post includes slurs, and it is inflammatory at best. Had they made these same comments while at work,...more
11/2/2020
/ Car Dealerships ,
Employee Rights ,
Employer Liability Issues ,
Employer Rights ,
Employment Policies ,
First Amendment ,
Free Speech ,
NLRA ,
Political Speech ,
Social Media ,
Social Media Policy
The “Families First Coronavirus Response Act” will take effect on April 1, 2020, ushering in an emergency expansion of the federal Family and Medical Leave Act and federal paid sick, among other things. The Fisher Phillips...more
To many employees, being written up is perceived as another way of being told that someone is the boss of them – “do this or I will fire you.” They have no voice in this “my way or the highway” dynamic. And reminding an...more
As you no doubt have heard, the United States Department of Labor recently announced changes to federal wage and hour regulations that have been labeled the “new overtime rule.” These changes are scheduled to take effect on...more
For all employers, dealerships included, complying with the Americans with Disabilities Act (ADA) can seemingly be one of the most challenging tasks for management and human resources. Not only does it seem like there is a...more
5/13/2019
/ Americans with Disabilities Act (ADA) ,
Best Management Practices ,
Car Dealerships ,
Documentation ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Human Resources Professionals ,
Interactive Process ,
Reasonable Accommodation
While not binding nationwide, a recent federal court decision should put to rest any legitimate argument that dealership parts counterpeople are not overtime exempt under federal law. Based on the concept that Fair Labor...more
As discussed previously, sexual misconduct and harassment is at the forefront of national conversation as never before. And, as this companion article cautions, given this heightened sense of awareness, you should be more...more
WARNING: If you are a regular recipient of the Dealership Update or a Fisher Phillips client, chances are that you will not necessarily learn anything new by reading this article. When you hear that a dealership settled a...more
8/8/2018
/ Car Dealerships ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Over-Time ,
Recordkeeping Requirements ,
Risk Mitigation ,
Salespersons ,
Service Advisors ,
Voluntary Self-Audit ,
Wage and Hour
No doubt last month’s Navarro ruling in the Supreme Court was a big win for retail automotive. That decision affirmed that the same federal overtime exemption that applies to a “salesman, partsman, and mechanic” also applies...more
5/11/2018
/ Automotive Industry ,
Car Dealerships ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Navarro v Encino Motorcars ,
Over-Time ,
Recordkeeping Requirements ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Wage and Hour
I bet you’ve heard of the famous equation E=mc2. You may know that Albert Einstein is credited as its developer. You may even know that it’s often called the Theory of Relativity. But, like most people, you might not know...more
Hardly a day passes anymore without some famous (or infamous) person being accused of or admitting to engaging in inappropriate sexual conduct. In many of these situations, the conduct is so egregious that one could...more
2/6/2018
/ Anti-Harassment Policies ,
Best Management Practices ,
Corporate Culture ,
Dealerships ,
Discipline ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Retaliation ,
Sexual Harassment ,
Workplace Communication
Understanding and complying with the requirements of the federal Family and Medical Leave Act (FMLA) is a challenge for even the most experienced management and human resources personnel. The challenge is even greater in...more
Factory recalls have become a fact of life for those who sell and drive vehicles. The scenarios have a common theme: a vehicle part does not operate as designed or is determined to present a possible risk of failure. Once...more
5/1/2017
/ Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Human Resources Professionals ,
Job Ads ,
Paid Leave ,
Reasonable Accommodation ,
Reimbursements ,
Unpaid Leave
The time is quickly running out for you to make your decision about what you’re going to do. Which direction will you choose? Some have already made up their minds and are steadfast in their decision. Some are still...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
As our society has evolved and changed, standards for acceptable dress and appearance have also been transformed. For example, tattoos, once seen mostly on bikers and those who had served in the military, are now mainstream....more