Know your FLSA Overtime Exemptions
By: W. Kirby Bissell As you are undoubtedly aware, automotive dealers have many employees that qualify for exemptions from overtime compensation otherwise required by federal law,
Final Rule: Independent Contract Status under the Fair labor Standards Act
By Richard Sox & Andrew Thomas On January 6, 2021, the Department of Labor (“Department”) announced a final rule revising and clarifying the standard for employee versus in
Avoid DHSMV Administrative Complaints for Dealer Titling Violation
In early 2020 the Florida Department of Highway Safety and Motor Vehicles (“DHSMV”) served Administrative Complaints against multiple motor vehicle dealerships related to alleg
Employee Handbooks…Not Just an Afterthought
When was last time your dealership looked at its employee handbook? And, no, we are not talking about when your sales manager last printed it to provide to a new salesperson. Emplo
Waivers of Liability from COVID-19, Not All They Are Cracked Up to Be
A waiver seems like a good idea to address potential liability for your dealership from COVID-19 related exposure, but it may create more problems than its ultimate value. First, l
Best Practices to Minimize and Win Lawsuits by Former Employees
Lawsuits brought by former employees have become an all too common fact of doing business these days. However, by having human resource employees and supervising managers implement
Some Gag Clauses and Confidentiality Clauses Violate Federal Law
The Consumer Review Fairness Act, a federal law passed in 2016 (“CRFA”), prohibits a business from restricting certain kinds of speech. The Federal Trade Commission (“FTC”)
Emerging Issue: Dealer Website Compliance with the ADA
The internet has radically changed the way consumers shop for vehicles and make initial contact with motor vehicle dealerships. This expanding medium for advertising and marketing