|Feb. 21, 2019 | www.fisherphillips.com|
Our last several Dealership Update newsletters have focused on new developments in dealership employment law, from heightened scrutiny of dealership arbitration agreements and employee handbooks, to the union threat in the retail automotive industry, to the always evolving world of wage and hour law. However, just because new issues arise that demand your attention doesn’t mean you can ignore the old ones. And one of the oldest and most common claims your dealership can face is a sexual harassment allegation.
John has been a good technician throughout his relatively short tenure at your dealership. But today he is a bit careless as he test-drives the customer vehicle he just finished working on. As John returns the car to the dealership, he pulls in front of a dump truck traveling faster than he expects, and the rear end of the customer’s car is nearly ripped off.
Dealers were recently handed another loss in the Service Advisor exemption battle, as the 9th Circuit Court of Appeals once again ruled that Service Advisors do not qualify for the Section 13(b)(10)(A) overtime exemption under the federal Fair Labor Standards Act (FLSA).