GNYADA December 2016 Newsletter

Highlights: GNYADA's 2017 Legislative Session Agenda

into an accident in a convenience or loaner vehicle provided by a dealership. (Currently dealers could be liable for such accidents, despite no negligence on their part.) Throughout the year, stay tuned for developments and updates on each of the above.

If the dealership remains open and a salaried employee does not report to work, the employer may require the employee to take any accrued leave. Or, in this limited circumstance, the employer can deduct the full day’s salary. Salaried employees cannot have their pay for the day “docked” if they show up for any part of the workday. If the dealership is closed, you do not have to pay employees for any part of the day, provided you told them not to come to work. If the dealership tells employees to report to work during severe weather, but subsequently doesn’t the need to pursue active subpoenas from the Attorney General’s Office and the NYC DCA. Further restricting auto- brokers/leasing companies in the New York Metro area from acting as new car dealers. Protecting dealers from liability in the event that a customer gets

Severe storms may interfere with driving, public transportation, and utility services (phones, electricity, and heating and cooling). All of these can affect people’s commutes, as well as conditions in the workplace, and may result in a dealer principal’s decision to temporarily close his/her dealership. With winter blizzards on the horizon, it’s important to remem- ber how to properly pay employees during (and following) a winter storm emergency. The Association's agenda for the 2017 Legislative Session will address the following important dealer-issues: Efforts to raise the Doc Fee, which was last increased thanks to GNYADA’s efforts in 2008. Implementing legislation to address the sale of used vehicles with open recalls, eliminating n n

n

n

3 Snow Day? Here’s How to Pay Employees

open, employers must pay any employee who reports to work for at least four hours (or the mini- mum number of hours in the shift, whichever is less) at the minimum wage. If the dealership opens and then closes early, hourly employees must be paid for the hours worked or four hours times the minimum wage, whichever is greater. If an employee decides to stay home, and the dealership is open for business, any time taken off due to the poor weather conditions is unpaid or may be taken as a vacation or personal day.

n

n

n

Hourly Employees

n

Salaried (Exempt) Employees

n

Employees paid on a salaried basis and who are exempt from over- time should be paid their full salaries if the dealership does not open.

n

Dealers with union contracts must abide by the policies in the CBA.

n

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

The Newsletter • December 2016

4