Plan Now To Minimize Liability For Holiday-Party Misconduct
By D. Albert Brannen – Date: November 5, 2013 – Original Article
36% of employers report employee misconduct at holiday parties. The misconduct ranges from excessive drinking to sexual advances, off-color jokes, vulgar language, arguments, or even fistfights. This article summarizes risks to employers and lists precautions you can take to minimize your liability. These precautions are categorized as: 1) pre-party compliance efforts, and 2) specific actions for the night of the party. Read More
Are You Paying Your Detailers Correctly?
By Matthew Simpson – Date: November 5, 2013 – Original Article
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 wage-hour compliance at dealerships. As the audits have played out, it has become clear that their primary focus is on how detailers are paid. Read More
NADA and CFPB Take Center Stage in Washington in November
NADA Director Update – Bill Reineke
Richard Cordray, director of the Consumer Financial Protection Bureau, provided the agency’s semi-annual report to Congress in testimony to U.S. Senate Banking Committee on Nov. 12. During questioning from the Senators, Cordray admitted that the CFPB needs to provide more transparency on its methodology, but expressed concern about dealers setting auto loan rates. “Like Congress, NADA is still waiting for the CFBP to share the methodology it uses to determine that statistical discrimination exists in the auto lending,” said NADA President Peter Welch. Read More
New Consent Requirements for Telephone Calls and Text Messages Effective Oct. 16
NADA Director Update – Bill Reineke
New FCC consent requirements for phone calls and text messages went into effect on Oct. 16, 2013. Dealers should review the rules and work with their counsel and any third party vendors to ensure that all phone calls and text messages they make or send (or that are made or sent on their behalf) meet these new requirements. Read More
How To Manage An OSHA Inspection
By Howard Mavity Date: November 5, 2013 – Original Article
Many articles on handling OSHA inspections provide the same basic guidelines and little explanation of why an employer should take certain steps. Readers already know to take photos whenever the Compliance Officer takes shots and to take notes, but do you know “why” to take those photos and “what” to look for? What do you need to note in order to challenge citations when they are issued six months later? 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
