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, specifically the Fair Labor Standards Act or FLSA. The FLSA requires that most employees be paid 1 and ½...
Volvo Announces Intent to Sell Direct to Customers
Written by admin on . Posted in 2021, Newsbrief, Newsletter.
Under the guise of providing convenience to customers, Volvo has recently announced that it intends to offer retail customers the option of purchasing vehicles directly from Volvo at a non-negotiable, fixed price. Interaction with the retail customer has traditionally been solely within the...
Active Legislative Year for Dealer Associations
Written by admin on . Posted in 2021, Newsbrief, Newsletter.
BSM is assisting dealer associations representing nine (9) states with franchise law issues during their 2021 Legislative sessions. In some of those states the non-franchised direct selling OEMs (i.e. Tesla, Rivian, Lucid, et al.) have filed bills seeking to open the states to an unlimited...
Advertising Can Skew Expectations
Written by admin on . Posted in 2021, Operations.
By Nicholas A. Bader
Telling you that advertising drives sales is stating the obvious. But, why then is the comparative advertising of the various line-makes not taken into consideration as the factories evaluate the expected sales of car dealers? This is important as courts and state...
Final Rule: Independent Contract Status under the Fair labor Standards Act
Written by admin on . Posted in 2021, Compliance, Newsletter.
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 independent contractor under the Fair Labor Standards Act (“FLSA”). The effective date of the final rule is March 8,...