GNYADA May 2018 Newsletter

Keep References for Ex-Employees Brief

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employee designated to respond to such inquiries is the best way to avoid these claims. Even if the negative information is 100% accurate, proving so in court can be laborious and expensive. Of course, employers must ensure that false information, negative or positive, is never communicated in employment references. Note: New York City and, starting July 9, Westchester County bar employers from asking a potential employee their salary history. This law seems to be gaining in popularity throughout the state, so GNYADA members are advised not to offer salary history unless specifically requested.

In New York, an employer can be sued for giving a negative employment reference so dealers are advised to provide only a limited, neutral response to reference requests

employee didn’t part on good terms, the employee may claim that this, and not their actual job performance, is the reason for the negative reference. Another danger is the potential for retaliation under employment laws. Most employment laws including, but not limited to, anti- discrimination and wage-and-hour laws include anti-retaliation provisions that prohibit an employer from retaliating against a current or former employee because the employee filed a lawsuit or complaint. Maintaining and consistently following a policy of providing only neutral references containing the most basic information and having an

confirming only dates of employment, and title.

The most common claims that can be brought against employers who give negative references are: Defamation: The ex-employee may believe the reference is untrue or unfairly incomplete. For n

example, wording may be interpreted as blaming the employee for an error when multiple parties were at fault.

Retaliation: If the employer and

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EPA to Revisit 2012 Greenhouse Gas Standards 6 On April 2, 2018, EPAAdministrator Scott Pruitt signed a Notice, “Mid- term Evaluation of Greenhouse Gas Emissions Standards for Model Year revised. The actual changes will be determined with NHTSA in to the equation isn’t just the highest possible standard; it’s the highest standard we can achieve while keeping vehicles affordable.”

rulemaking expected later this year. NADA President and CEO Peter Welch said that, “Dealers fully support continuous improvements in fuel economy, and we fully support fuel economy requirements that will encourage fleet turnover. But the key

2022-2025 Light-Duty Vehicles.” This Notice finds that the standards set in 2012 are, in light of the most recent data on factors such as fuel prices and consumer acceptance, no longer appropriate and should be

The New York Attorney General, with Attorneys General from other states, has sued to prevent this from happening.

Franchise Law Roundtable May 10, 2018 10:00 a.m. – 12:30 p.m. | Center for Automotive Education & Training Douglas Clark, Esq. (Shenker Russo & Clark LLP), Russell P. McRory, Esq. (Arent Fox LLP), and Richard N. Sox, Esq. (Bass Sox Mercer) will discuss how dealers can better protect their investments by understanding their rights and the protections available under the existing Franchise Law. GNYADA is helping dealers prepare for the future by seeking Franchise Law updates to increase protections against a variety of challenges, like manufacturers, start-up retailers, and millennials.

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

The Newsletter • May 2018 5

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