December 2015 - Greater Cincinnati Automobile Dealers Association

An Automotive New Year’s Resolution

According to online surveys, the recent most common New Year’s resolutions are body-image and money related.  But have too you grown tired of making resolutions which find themselves deserted 1 month or 2 later?  We are; which is why we’re switching things up a little for this coming year!  We’re deciding to focus our attention for a new beginning on something else, making our New Year’s resolutions a little less self-centered and more safety related.  A vehicular resolution!

MSN Autos has compiled a great list of Smart Automotive Resolutions for the New Year.  Even better, these resolutions will help save money, time, sanity and perhaps lives!  From driving tips that will help you save money on car insurance and gas, give you some peace of mind, and make for safer, calmer driving experiences, you’ll enter the New Year feeling more confident than ever about your resolution and your commitment to it!  Click the link to check out the list.

Oldest Army jeep finally gets some TLC

Seventy-five years after it was introduced to the Army, the oldest known Jeep is finally getting some much needed attention.  Since having its history verified and being documented as one of 5 orginal test vehicles, two from Ford, two from Willys Overland and one from American Bantam, the GP-No.1 is now on display in the Veterans Memorial Museum in Huntsville, AL.  It’s the only one of those 5 prototypes known to still exist in North America.

“The GP designation is believed by many to have hatched the name ‘jeep’.”  Back then, the vehicle contained eminent features that remain key on Fiat Chrysler’s Jeep brand today, including the upright grille with verticle slots which are literally the brand’s trademark.  The 1940 Ford Pilot Model GP-No.1 pictured below remains almost entirely unrestored!  To learn how Ford became a vital supplier of wartime equipment, helping to produce a vehicle that became known as an icon of World War II, click here.

 

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$180K 1969 Dodge Charger Daytona found in Alabama Barn

Randomly found in an Alabama barn, and unmoved for decades, a recently found 1969 Dodge Charger Daytona is expected to sell for $150,000 – $180,000! A man from Greenwood, AL found the classic muscle car wasting away in a barn roughly 60 miles south of Montgomery. He discovered it when checking out another car nearby. After much convincing, the old man who owned the barn agreed to sell the relic.

Although the car is covered in rust and moss with a ragged interior, and an engine that likely doesn’t run anymore, it still has a high asking price. Why? Well, as MSN Autos tells us, even if it’s a rust bucket, it’s an incredibly rare one, as Dodge made just 503 Charger Daytonas that year, most of which were meant to meet NASCAR racing standards.

The car has a flames painted on the front fenders, a 440 Magnum V-8 engine with nearly all its original parts, and a mere 20,553 miles on the odometer, although no one suspects it’ll be adding anymore any time soon.

Click here to view the whole story & for more photos.

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Future Classics

There’s nothing like a good-old Classic to induce excitement within a person.  Whether it’s a classic movie, song, or especially a vehicle; just being in the presence of one has the power to make a person feel a part of something greater, something inherently good!  Perhaps you’ve once wondered what it feels like to witness the innovation of a product, watch it storm the market, and years down the line, witness it become known as a Classic!  With all of the spectacular new products and technology that have come about in the past decade, millennials will definitely know this feeling we’re referring to, specifically in the automobile industry!

MSN Autos has released a compilation of “20 late-model cars destined to become classics”. To narrow the list down to a manageable size, they limited their choices to vehicles from the 2010 model year or newer—and those with retail prices of below $100,000 when introduced.  Featuring vehicles such as the Ford F-150 SVT Raptor, Dodge SRT Viper, Dodge Challenger SRT Hellcat, Chevy Corvette 427 Convertible, and more, MSN has created a list that you’ll want see!  Click here to check it out!

Congratulations Bridget Reinberger on Woman of the Year!

Congratulations are in order for one of our very own, Bridget Reinberger, General Manager of Lebanon Chrysler Dodge Jeep Ram, for being named a finalist for the 2015 WE Celebrate Awards, (WE standing for Women Excel) presented by the Cincinnati USA Regional Chamber!  Bridget was chosen by the Chamber as a finalist in the Woman of the Year – Entrepreneur category.  It’s because of her outstanding hard work and dedication that Bridget has been recognized as the new face of a changing industry, and as a shining star of the next generation of automotive leaders.  It’s a great honor to be recognized for this award, being that since 2006, the WE suite of programs – WE Lead, WE Succeed, WE Celebrate, WE Link and WE Speak – has successfully engaged more than 6,000 women throughout Cincinnati, furthering their belief in the incredible power of women business leaders to grow in the economy and strengthen the future for everyone.

This nomination largely suits Bridget given her impact on the Lebanon dealership, and how she worked her way up through the marketing and automotive ladder.  Bridget is well respected amongst industry leaders for navigating a failing business with limited working capital and zero net worth, to one of the fastest growing dealerships in the region.  We’re very proud of her accomplishments and look forward to seeing what else is to come from this empowering and groundbreaking woman!

“My Employee Said What On Facebook!?!” How To Discipline Workers For Social Media Posts That Cross The Line

By: L. Brent Garrett

Link to Article

There is little more frustrating than your employees spouting off on social media and disparaging the workplace. Unfortunately, the National Labor Relations Board (NLRB) maintains that employees have wide latitude to criticize their employers on social media.

In fact, the NLRB has ruled in favor of employees in some very egregious situations, including employees who made vulgar and profane posts involving their employers or their supervisors. In light of these decisions, you should think twice before disciplining an employee for an errant or obnoxious post.

So when do employees’ social media actions legally cross the line?  Here’s a rundown on when you can discipline an employee for going too far on Facebook, Instagram, Twitter, or elsewhere.

Why Does The NLRB Even Care About Social Media Posts?
The NLRB enforces the National Labor Relations Act (NLRA), which gives employees the right to support or oppose unionization. In addition, the NLRA states that employees may engage in other “concerted activity” for mutual aid and protection. This can include discussing or encouraging group action among coworkers, even if the ultimate objective is not to start a union.

Because the NLRB recognizes that social media is the modern-day watercooler, it will scrutinize whether an employee who got in trouble over a social media post was possibly engaging in concerted, protected activity.

Is The Post About Union Activity Or Union Organizing?
As you might imagine, the NLRB will usually find that employee posts that expressly involve unionization or labor unions are protected. This can include posts in support of a union drive, asking employees to sign union cards, or asking employees to come to a union meeting. In most cases, the Board will find the post protected even if it contains some off-color words or disparaging language.

Is The Post Directed At Wages, Hours, Or Working Conditions?
The NLRA covers more than just union organizing. The NLRA also protects concerted activity among employees undertaken to discuss or protest “wages, hours, and working conditions.” As such, the NLRB holds that social media discussions about wages, benefits, and employment policies are protected under federal labor law, even if the post does not mention joining or supporting a union.

In a recent example, a waiter posted a comment to his social media page questioning the employer’s payroll tax withholding rate. Several co-workers “liked” the employee’s post and added their own comments on the topic. In that case, the Board held that all of the employees engaged in a protected discussion about the employer’s wages, hours, and working conditions, and a federal appeals court recently agreed with the Board and upheld that decision.

But Isn’t That Information Confidential?
A knee-jerk reaction that the employee has violated the company’s confidentiality policy by posting sensitive wage or other employment information can get you in hot water.  In most cases, if the employee’s post pertains to wages, hours, or working conditions, the NLRB will find that the employee’s right to discuss the topic outweighs your interest in maintaining confidentiality.

That said, an employee cannot post confidential business information that pertains to trade secrets and proprietary information not related to wages, hours, or working conditions. For example, the NLRB will generally not protect the following post: “People always ask me – what’s in the delicious secret sauce? Answer: habanero and vinegar.”

Do I Have To Put Up With This Disloyalty?
The NLRB draws a distinction between posts that are merely “prejudicial” to the employer’s reputation, and posts that are so “disloyal” as to lose the protection of the NLRA.  As a practical matter, the NLRB will afford a high degree of protection to any social media post that protests wages, hours, or working conditions, even if that post casts the employer in an overall negative light.

In fact, the NLRB affords employees a high degree of latitude to criticize their employers, as long as the criticism is tangentially related to wages, hours, and working conditions. For example, the NLRB has held that employees can, as part of a protest for more sick days from the employer, “warn” the public that the employer’s food products may have been contaminated by germs spread by sick workers (because the employer’s sick leave policy is a relevant working condition).

But That’s Just Not True!
The NLRB also holds that employees cannot post intentional or maliciously false statements about their employer. At the same time, the NLRB holds that employees do not need to be 100% factually accurate when making protected social media posts. Federal labor law still protects employees who make innocent or negligent mistakes of fact. The burden is yours to prove that an employee posted a malicious falsehood as opposed to an innocent mistake of fact.

What About Vulgarity?
Much to the chagrin of employers, the NLRB tolerates a certain amount of vulgarity or profanity on social media. The NLRB will evaluate several factors to determine whether a profane post exceeds the protection of the NLRA:

  • Did the employee act impulsively? The NLRB gives employees some leeway for profane outbursts made in the heat of the moment.
  • Did the employee act in response to some type of employer provocation?  The NLRB doesn’t “like” when you commit a labor law violation that prompts an employee’s profane outburst.
  • Do you tolerate similar profanity in your workplace? If so, it would be harder to discipline a worker for his or her online conduct.

As an example, the NLRB may find the following post to be protected: “Supervisor Bob told me to throw out my union card. That fatso is a lazy anti-union piece of s***.” The agency will evaluate whether the employer’s unfair labor practice provoked the impulsive outburst on social media. You can bet that the current NLRB will usually stretch to find some rationale to protect the employee’s social media post.

In Conclusion
Unfortunately, the NLRB says you have to stomach a high degree of misbehavior from employees on social media. Understanding where you can draw the line between protected activity and inappropriate conduct will make all the difference between a clean separation and an unfair labor charge (or worse).

 

Three Things To Do: End-Of-The-Year Labor And Employment Checklist For 2015

By:  Richard Meneghello

Link to Article

What better way to prepare for the new year than to review the biggest developments in the world of labor and employment law that took place over the past 12 months? Presenting Fisher & Phillips’ annual end-of-the-year review, complete with a handy checklist to make sure you don’t miss out on any important steps you need to take before 2016 rolls around.

No matter your particular field, focus, or position, here are three things you need to do. Note: each item contains a link to our firm website for a detailed discussion of the particular topic, or you can visitlaborlawyers.com/KnowledgeCenter.

Do You Play A Role In Hiring?

  • If your company’s application still includes a question asking about criminal history, make sure you don’t operate in a state that has implemented a “ban the box” law prohibiting that practice. New York, Ohio, Oregon, Virginia, and Vermont are among states that passed such legislation in 2015; 19 states and over 100 cities and counties now have some form of the law. (Read more)
  • In the wake of June’s Supreme Court Abercrombie & Fitch decision, review your interviewing and hiring protocols to make sure you don’t violate new religious accommodation obligations. No longer will you be able to stick your head in the sand and claim you didn’t know that the applicant needed an accommodation; the burden is now yours. (Read more and more)
  • Assess your starting (and incumbent) salaries to make sure you don’t open yourself up to equal pay act claims. A number of states strengthened equal pay laws in 2015, including California and New York, and a number of others ratcheted up protections against gender pay discrimination (including Connecticut, Oregon and Delaware). (Read more)

Do You Maintain The Company Handbook?

  • The new year might be the perfect time to review your handbook top-to-bottom to make sure your policies don’t run afoul of the many rules the NLRB has put into effect of late. Even if you are not unionized, be aware of the standards that you must follow to avoid government scrutiny. (Read more)
  • Do your policies prohibit discrimination and harassment because of LGBTQ status? If not, be aware that 2015 saw the EEOC begin to enforce Title VII to include sexual orientation, even if your state law does not. The courts will no doubt address this issue in 2016. (Read more)
  • Nothing’s a more appropriate sign of the times than realizing that your handbook should address whether your employees can have visible tattoos in the workplace. If you haven’t updated your dress and appearance policies to reflect the modern state of affairs, you might want to consider it for 2016. (Readmore)

Do You Manage Your Company’s Labor Relations?

  • 2015 was not a good year for employers on the labor relations front. The low point might have been the August BFI decision that created a broad new standard for determining when two companies are considered “joint employers” for collective bargaining purposes. This decision is expected to have even more negative consequences in the new year. (Read more)
  • August also saw the NLRB issue a controversial decision reversing 35+ years of precedent, holding that witness statements obtained by employers during pre-arbitration investigations must be provided to the union before the hearing. As a result, you should adjust your practices accordingly. (Read more)
  • We’d been expecting it for quite some time, but April 2015 finally saw the implementation of the “quickie election” rules for union organizing votes. If there’s a silver lining, recent data appears to show that union success rates have not increased greatly with the change, rising by only 1.6% since April. (Read more)

Are You General Counsel?

  • If you are in charge of big-picture compliance efforts for your business, be aware that the EEOC focused much of its 2015 efforts and resources on “systemic” claims of discrimination. Think globally to steer your company away from the EEOC’s spotlight in 2016. (Read more)
  • If your company does any business in Europe, be aware that the last few months saw the dismantling of the EU-US data transfer arrangement known as “Safe Harbor.” You will need to review your company’s business practices immediately to ensure compliance. (Read more and more)
  • Finally, if your company’s business involves the global supply chain, be aware that there was a renewed effort in 2015 to ensure that anti-trafficking rules are enforced. You should address this issue before enforcement efforts expand in 2016. (Read more)

Do You Administer Benefits?

  • The SCOTUS Obergefell v. Hodges decision from June requires all states to recognize same-sex marriage; you’ll want to review your entire array of benefits to ensure you are in compliance with the associated obligations brought about by this change. (Read more)
  • An increasing number of states, counties, and cities are mandating some form of paid sick leave. At least five jurisdictions joined these ranks in 2015, and many more are expected in 2016. Make sure your benefits administrators are aware of your local obligations (Read more and more and more and more)
  • Businesses see a great advantage to instituting wellness programs for their workforce, but the EEOC has decided that some employers were going too far. In April, the agency published proposed rules governing the programs, with which you will want to familiarize yourself before the new year. (Read more)

Are You In Charge Of Wage And Hour Compliance?

  • If your business requires employees to pass through a security screening at the end of their shifts, 2015 was a pretty good year for you. The Supreme Court unanimously ruled that employers do not have to pay workers for security-check wait time, and a California federal court just expanded on that decision. Make sure to read through the summaries of these cases to make sure your company follows the standards. (Read more and more)
  • Meanwhile, if your business retains independent contractors, 2015 was not necessarily a good year for you. Government agencies and courts continued their full-scale assault on alleged misclassification arrangements, costing business by the millions. You’ll want to once again revisit your relationships to ensure compliance. (Read more)
  • A few years ago, “BYOD” (Bring Your Own Device) policies were all the rage, as both employers and workers saw the benefit of allowing employee-owned electronic devices to be put to use for work-related reasons. But the past year has seen an onslaught of wage and hour lawsuits stemming from these arrangements. Proceed with caution. (Read more)

Do You Oversee Safety?

  • The biggest shocker of Fall 2015 was the November Surprise, when the federal budget deal revealed that OSHA now has the power to increase penalties by up to 82%. We’ll have final figures in 2016, but take the time now to beef up your compliance efforts to avoid this new stinger. (Read more)
  • On the same day in June when Caitlyn Jenner made her appearance on a Vanity Fair cover, OSHA released guidance for employers on transgender employee bathroom usage. If you haven’t yet done so, read up now so you know how to handle any situations that arise in 2016. (Read more)
  • A million drones are expected to be sold this coming holiday season, which means that the chances a drone will enter your workplace in 2016 are pretty high. Consider implementing a policy now to address the safety aspects of this 21st-century phenomenon. (Read more)

Are You In Charge Of Immigration Issues?

  • If so, you’re probably aware that Immigrations and Customs Enforcement (ICE) audits and immigration worksite compliance sanctions are at an all-time high, while employers in all sectors struggle to find talent. This potentially combustible combination led to many headaches in 2015; you’ll want to tighten the reins to avoid being in the government crosshairs in 2016. (Read more)
  • Meanwhile, U.S. employers are scrambling to keep up with the global competition for technology in STEM fields. But 77% of all H-1B petitions filed for FY 2015 were denied due to the antiquated quota-based immigration system, and the denial rate is expected to rise even higher for FY 2016. (Read more)
  • There are an estimated 12 million undocumented workers in the country, and 2015 brought no real solutions to the growing problem. A significant part of our workforce and economy is in limbo, and the lack of guidance for employers that are trying to do the right thing for both their domestic and foreign employee base has created anxiety. There may not be any noteworthy developments until after the 2016 presidential elections. (Read more)

Are You A Federal Contractor?

  • Although signed into law back in 2014, the federal contractor minimum wage increases took effect this past year. By January 2, 2016, the minimum rate will rise again, from $10.10 per hour to $10.15, so adjust your labor budgets (and pay practices) accordingly. (Read more)
  • Labor Day 2015 will be remembered as the day the President signed an Executive Order which will require all contractors to provide paid sick leave for their workforces. The intended implementation date is January 1, 2017, so use the new year to get ready. (Read more)
  • New rules going into effect in early January 2016 will require covered contractors to include certain information on pay stubs and prohibit discrimination against employees sharing wage information in the name of pay transparency. If you aren’t familiar with these new rules, you have only a few weeks to get up to speed. (Read more)

Do You Want A Sneak Peek At 2016?

  • Employers have been on pins and needles for much of 2015 waiting for the U.S. Department of Labor’s new regulations on overtime pay. Unfortunately, you’ll have to wait a bit longer. It now looks like we’ll get final publication in July 2016, but the agency is unpredictable and this schedule could be adjusted once again. (Read more and more)
  • A SCOTUS case, expected to be decided by June 2016, could be a crucial stepping stone for those who want to further reduce the impact of unions on the American workplace. The Friedrichs case could eliminate “agency shop” fees that public unions take from non-members, and the hope is that a favorable decision will reduce union resources and political clout. (Read more)
  • Worker advocates will have a rallying cry in 2016 – they will “Fight for 15” in an effort to see minimum wage increased to $15 per hour. Expect to see much movement at the local level, and increased activism by low-wage workers seeking greater pay. (Read more)

Safety Tips for Holiday Travel

The weeks between Thanksgiving and New Year’s Day are arguably the busiest of the year.  We tend to have so much going on around this time; taking trips to visit relatives, searching for the right gifts, and performing other tasks which make the holidays such a special time of the year.  The scary thing about it, is this time of year becomes so fast paced, it’s easy to move so quickly we forget some safety basics.

SafeKids.org posted a list to remind you of 7 tips for safe holiday travel so that your holidays may remain safe and your memories joyous and fun!  Help make sure that it really is the most wonderful time of the year for you and your loved ones by sharing these 7 Safety Travel Tips:

  1. Remember to buckle up every ride, every time, whether it’s the long trip to visit family or around the block to the mall.
  2. Shopping center parking lots are busier during the holidays. Watch out for distracted pedestrians and drivers who may not be paying attention to you, especially when backing out of parking spaces.
  3. For parents of teens, remind them to be extra alert during this holiday season, when conditions are more challenging even for experienced drivers.
  4. Commit to keeping your electronics out of your hand. No text message or playlist is worth the risk.
  5. If you are headed to a party and plan to drink alcohol, designate a driver or use a car service to make sure you get home safely.
  6. Expect the unexpected. You never know when you have to stop abruptly, so keep hot foods, large gifts and anything that can become a projectile in the trunk.
  7. Remember when traveling in large groups, all vehicle occupants need their own seat belt or car seat, even for short rides.