January 2014 - Greater Cincinnati Automobile Dealers Association

January 2014

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Ohio’s Minimum Wage Increases In 2014
Fisher and Phillips LLC – January 3, 2014 – Link to Original Article

Ohio is starting 2014 with an increase to its minimum wage. On January 1, 2014, Ohio raised its minimum wage ten cents, from $7.85 to $7.95 per hour. Tipped employees hourly minimum wage increased five cents, from $3.93 to $3.98. The increase does not affect businesses who gross less than $292,000.00 per year. These “smaller businesses” are still governed by the federal minimum wage, however, which remains $7.25 per hour.  Read More

House Passes NADA-Backed Legislation to Repeal Outdated Paperwork Mandate
Brian Hamilton – NADA

Today, the U.S. House of Representatives passed, by a vote of 405-0, an NADA-backed bill to repeal an unnecessary paperwork burden on small business automobile dealerships. The bill, H.R. 724, eliminates an outdated federal mandate requiring auto dealers to certify that new vehicles are Clean Air Act compliant. The legislation was introduced by U.S. Reps. Bob Latta (R-Ohio) and Gary Peters (D-Mich.), and has 105 bipartisan cosponsors. The bill now moves to the U.S. Senate for consideration. Read More

FTC Announces Deceptive Advertising Enforcement Action Against Auto Dealers
Bill Fox – NADA

Earlier today, the Federal Trade Commission announced that nine auto dealers, including four from California, and one each from Georgia, Illinois, North Carolina, Michigan, and Texas, have agreed to enter into consent orders to settle deceptive advertising charges, and the agency is pursuing litigation against a tenth dealer. Read More

ALERT: OADA LAWSUIT ALLEGES BMV IGNORED STATE LICENSING REQUIREMENTS
OADA – Link to Original Article

OADA and four central Ohio dealers filed suit against the Ohio Bureau of Motor Vehicles and Tesla Motors Inc. on December 11th, 2013. The suit, filed in the Franklin County Court of Common Pleas, alleges that the BMV allowed a manufacturer of motor vehicles to obtain a new motor vehicle dealer license in violation of Ohio’s licensing statutes. We are asking the court to grant both a preliminary and permanent injunction to revoke any license improperly issued and prevent further licenses from being issued. Read More

Dealer Data Guidance – Service Provider Dealer Data Access Addendum
NADA 

Attached please find a sample Service Provider Dealer Data Access Addendum (“Addendum”) (andcover memocreated by NADA Legal and Regulatory Affairs for dealers to use with their third party service provider vendors. As you know, in August 2013 NADA Legal and Regulatory Affairs sent a memo to all NADA members that contained an overview of the primary regulatory issues surrounding Dealer Data, numerous practical tips for dealers to consider when protecting their data, as well as samples of the contract provisions required under federal law when a dealer wishes to allow access to Dealer Data with a third party service provider. Read More