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 ,
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EU ,
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Health Care Providers ,
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Labor Shortage ,
Manufacturing Employers ,
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Mexico ,
Name and Likeness ,
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Employers – and, in particular, car dealerships – have relied on binding arbitration agreements to resolve employment disputes for decades. Arbitration offers a confidential setting in which businesses can efficiently...more
11/9/2022
/ Arbitration ,
Arbitration Agreements ,
Car Dealerships ,
Class Action Arbitration Waivers ,
Collective Action Waivers ,
Dispute Resolution ,
Employee Handbooks ,
Federal Arbitration Act ,
Mandatory Arbitration ,
Private Attorneys General Act (PAGA) ,
Sexual Harassment
Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more
4/27/2022
/ 401k ,
Car Dealerships ,
Cyber Attacks ,
Educational Institutions ,
Employee Benefits ,
Employee Retention ,
Employer Group Health Plans ,
Employment Policies ,
Excessive Fees ,
Gender Identity ,
Health Plan Sponsors ,
Hiring & Firing ,
Job Descriptions ,
Leave of Absence ,
Mental Health ,
Paid Leave ,
Reasonable Accommodation ,
Religious Institutions ,
Remote Working ,
Students ,
Wage and Hour
Most dealerships welcomed the news last month that the U.S. Supreme Court reinstated a preliminary “stay” on OSHA’s Emergency Temporary Standard requiring large employers to either require their employees to vaccinate or...more
There are three documents that dealerships should regularly review and update for compliance: the employee handbook, commission pay plans, and arbitration agreements, if applicable. As a Maryland dealership recently learned,...more
2/2/2021
/ Arbitration ,
Arbitration Agreements ,
Car Dealerships ,
Documentation ,
Employee Commissions ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Wage and Hour
Last month, the U.S. Department of Labor (DOL) gave car dealers welcome news. In an opinion letter interpreting the federal Fair Labor Standards Act (FLSA), the DOL found that incentive payments paid directly by the...more
8/5/2020
/ Car Dealerships ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Incentive Compensation ,
Manufacturers ,
Minimum Wage ,
New Guidance ,
Opinion Letter ,
Salespersons ,
Wage and Hour
Should your dealership require face coverings for workers and customers? In general, yes. According to most recent studies, COVID-19 spreads mainly from person-to-person through respiratory droplets produced when an infected...more
When the Families First Coronavirus Response Act took effect on April 1 to address the COVID-19 pandemic, your dealership may very well have had to change the way it does business. This new federal law includes many...more
5/18/2020
/ Car Dealerships ,
Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Medical Leave ,
New Legislation ,
Paid Leave ,
Sick Leave ,
Wage and Hour
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
You may have recently heard something about arbitration agreements in the news, and you might be wondering whether your dealership should do anything about it. Some quick background: over the last decade, the use of...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
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
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
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