GNYADA February 2020 Newsletter

12 Business Pays $150,000 for Wrongful Termination ADA REQUIRES INTERACTIVE PROCESS AND REASONABLE ACCOMMODATION

An employee who was out on Family Medical Leave Act (FMLA) used all of their time and was granted an extension. When the employee asked for a second extension, the employer terminated them. Avoid costly terminations by knowing when you must make reasonable accommodations for an employee returning from a leave of absence. While the employee had used all FMLA leave for the birth of a child, they continued to suffer from a medical condition that is covered by the Americans with Disabilities Act (ADA). The ADA requires employers to provide employees with “reasonable accommodations” and to engage in an interactive process with

for the actual hours worked or at least four hours at the minimum wage, whichever is greater. If an employee decides to stay home and the dealership is open, any time taken off due to the poor weather conditions is unpaid or may be taken as a vacation, sick or personal day. If the dealership doesn’t open, these employees need to be paid their full salary. If the dealership is open and the salaried employee decides to stay home, the dealer may require them to use accrued leave. A dealer cannot dock an employee for partial day absences, even if they work only half a day. employees who request, or appear to need, accommodations. Reasonable Accommodations A “reasonable accommodation” is a modification or adjustment that gives someone the equal opportunity to be hired or allows them to perform the essential job duties to the same extent as someone without a disability. Dealers do not have to grant accommodations that would impose an “undue hardship” on their business. Best Practices Engage in conversation with the employee to find a solution that works for them and the dealership. New York City Dealers – Salaried employees n n n

Additional Requirements New York City law also requires dealers to engage in a “cooperative dialogue” with employees who request an accommodation. Dealers must provide a report to the employee which documents about why an accommodation can or cannot be granted. Before you terminate an employee who may not be ready to return at the expiration of their leave or may need a reasonable accommodation, call the Employee Relations Plan Hotline at 718.746.5900.

Payment of Wages - Severe Weather Closings

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When a dealership closes, or an employee is not able to make it in because of severe weather, dealers must follow the rules below:

Dealers with union contracts must abide by the Severe Weather policies in the CBA. If you have any further questions about payroll obligations due to your dealership closing for severe weather, please call the Association at 718.746.5900.

Hourly employees

If employees are notified in advance that the dealership will be closed, dealers do not need to pay them. Dealers can allow employees to use their accrued time off to be paid. If the dealership closes but does not let employees know in time, dealers must pay any employees who report to work for at least four hours (or the minimum number of hours in the shift, whichever is less) at minimum wage. If the dealership closes early, hourly employees must be paid

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Greater New York Automobile Dealers Association • www.gnyada.com The Newsletter • February 2020 7