2015 GNYADA MEMBERSHIP DIRECTORY

HOT TOPICS 2015 GNYADA Membership Directory

or, more importantly, the leak of sensitive information. Employers should consider having procedures in place to investigate and address potentially damaging posts.While certain laws, e.g. the National Labor Relations Act, may protect employees for negative comments on the Internet, not all employee posts are protected. Employers should be prepared to act on those that are not – particularly if the posts contain confidential information. Sweepstakes Sweepstakes or “games of chance” contests present additional challenges and are regulated principally by state laws. In general, a sweepstakes must give consumers the right to enter without making a purchase such as by mailing in a postcard. Some states (e.g., NewYork and Florida) require bonding for certain consumer sweepstakes. Make sure the rules are clear about the prizes; ways to enter; the duration of the sweepstakes; when and how the winners will be determined; and name the dealership as the sponsor of the sweepstakes. Disclose the odds of winning, or state the odds depend on the number of entries received. IRS tax reporting is required for certain winners depending on the value of the prizes. Consider getting advice from a competent attorney or agency

familiar with the laws of the states where the sweepstakes or contest promotion will be conducted. For example, Florida requires a state filing along with a bond in certain situations for any consumer sweepstakes offering

prizes totaling more than $5,000, and advertisements must contain the full material rules for the sweepstakes.

Information provided Courtesy of Dealertrack Technologies 516.547.2242; www.dealertrack.com

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