GNYADA November 2016 Newsletter

The Dos and Don’ts of Email Marketing All electronic communications must be CAN-SPAM-compliant

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Provide easy opt-outs. There must be an explanation of how the recipient can unsubscribe from your dealership’s email list. The opt-out must be easy to recognize, read, and follow. You must also honor unsubscribe requests within 10 business days and be able to process them for at least 30 days after sending your message. Monitor what contractors do on your behalf. You are responsible for any CAN-SPAM Act violations within commercial emails that advertise your dealership, even if you use an outside company to conduct your electronic marketing.

identify the person or business initiating the message.

If your dealership's marketing strategy involves email

communication, those electronic messages must comply with the federal law that establishes rules for commercial email, known as the CAN-SPAM Act. This Act applies to any email with the primary purpose of advertising or promoting a product or service. (It even covers business- to-business email.) The FTC can enforce penalties of up to $16,000 for each separate email in violation of the CAN-SPAM Act. Here are the primary requirements: Avoid false/misleading “From” info. This means no phony email addresses. The “From” field must

No deceptive subject lines. The subject line must accurately reflect the message’s content. Identify the message as an ad. Disclose this clearly and conspicuously. The communication cannot be masked as a personal correspondence, in the hope that more people will open/read it. Include your physical address. This means your postal address (or P.O. box) registered with the U.S. Postal Service, or a private mailbox you’ve registered under Postal Service regulations.

The Breakdown on Holiday Pay Put policies in writing!

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Salaried/Exempt Employees

Your obligation to pay an employee for days off during the holidays will depend on the classification of that employee. The following describes the requirements for each worker classification:

Employees who fall under the Administrative, Executive,

Professional or Highly Compensated exemptions receive full salary for any week in which they perform any work, regardless of the number of days/hours worked. There are some exceptions, but holidays are not among them.

Hourly employees

Pay hourly employees for all hours actually worked. If a holiday does not fall on a scheduled workday, no pay is required for hourly employees (unless the dealer’s policy or a collective bargaining agreement says otherwise). If the holiday falls on a workday and the employee worked during it, pay them for those hours.

Collective Bargaining Agreement

If your dealership offers paid holidays as a benefit — such as the day after Thanksgiving or the day after Christmas — state law requires you to inform employees of the policy. Memos, bulletin board posts and pages in your employee handbook are all acceptable ways to do this.

Follow the terms of the agreement for all employees it covers.

For any other questions regarding holiday pay, please call Sue Bieber at the Association: 718.746.5900

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

The Newsletter • November 2016

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