GNYADA August 2017 Newsletter

NYC Passes Salary-History Bill Starting 10/31/17, City employers cannot ask about prior salary during the hiring process 3

DMV is conducting “undercover” checks at dealerships and repair shops to ensure compliance with New York State’s vehicle inspection requirements, including the new window tint testing law. Dealers are advised to closely supervise their certified inspectors and monitor inspection practices to be sure they comply with all NY inspection laws. The Association offers the following reminders: Only certified inspectors are allowed to perform emissions and safety inspections; and Inspection stations must inspect all vehicles, no matter the make and model. To assure this requirement is being followed, decoy cars will often be a different line-make than the dealership offers. Therefore, it is important to keep all NYTEST equipment in working order. n n New York City Mayor Bill de Blasio signed into law a bill prohibiting City employers from asking about or rely- ing on an applicant’s salary history, or relying on already known salary his- tory, to determine salary, benefit, or other compensation during the hiring process. Under the new City law, which goes into effect October 31, 2017, potential employers must not ask questions or make statements, in writing or other- wise, that could divulge an appli- cant’s former salary, and they may not even ask an applicant's prior employer or coworkers. Employers also cannot search publicly available

Appointments If a dealer is unable to inspect a customer’s vehicle when requested, (s)he must provide an appointment within eight working days of the original request. The appointment must be written on dealership letterhead and include: 1 Appointment date and time; 2 Date of inspection refusal; 3 Description of the vehicle, including year, make, and model; 4 Vehicle owner’s name and address; 5 Signature of inspection station licensee or designated employee. Signs Part of DMV’s inspection is determining whether a dealership has proper signage. The official inspection station sign (yellow with black letters) must be displayed outside the shop. Dealers also must records or reports to determine an applicant’s salary history. If the appli- cant, without being asked, volunteers his/her salary history, the employer may consider it when setting salary, benefits, and other compensation. NYC dealers are advised to: remove salary history questions from applica- tions, interview templates, and back- ground check forms; train hiring managers and any other employees involved in the hiring process, includ- ing third-party vendors, not to ask applicants about salary history. “Salary history” includes “current or prior wages, benefits, or other com-

pensation.” It does not include meas- ures of the applicant’s productivity, such as sales numbers or productivity reports. Alleged violations will be heard by the City Commission on Human Rights, which can impose penalties of up to $250,000. If a violation goes to court, a judge or jury could award compensatory and punitive damages, injunctive relief, and attorney’s fees. Jim McGrath will discuss this new rule at GNYADA's fall Labor Law Seminar, tak- ing place on October 18 and 19. To regis- ter, call the Association at 718.746.5900.

4 “Decoy Cars” Visiting Inspection Stations

conspicuously post the Inspection Groups and Fee Chart and publicly display the names and certificate expiration dates of the dealership’s certified inspectors. DMV also publishes a “Warning Sign” saying that it is a violation of the law for the inspection station to

issue a sticker without first completing the inspection.

GNYADA has a supply of inspection station signs dealerships are required to post. This supply does not include the Official Inspection Station sign — that sign is available only through

DMV. To order signs for your dealership, call 718.746.5900.

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • August 2017 3