GNYADA October 2016 Newsletter

Election Day Time-Off Rules

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To allow this time for employees whose workdays start before 10am or end after 5pm, dealers must grant up to two extra hours of paid leave. If an employee’s regular work hours natu- rally give them sufficient time off (i.e. if their day starts at 10am or later or ends at 5pm or earlier), dealers do not need to provide them additional time off. employer to post their state’s Voting Leave Law notice “conspicuously in the place of work,” no fewer than ten days prior to the election, and the notice must remain in place until the close of the polls. Dealers can meet this requirement by displaying the GNYADA 14-in-1 poster, which covers NY Election Law §3-110. GNYADA provides this poster free as a benefit of member- ship. Dealers should be advised that “unfair / deceptive acts or practices” are included among the few violations where fines are raising to the $40,000 maximum. The FTC has been scrutinizing dealer practices that fall under this umbrella; in particular, advertising used vehicles with undisclosed recalls, and jamming aftermarket products into sales contracts. This serves as an important reminder to assure all dealership advertising and F&I practices are compliant with FTC rules. Posting Requirement New York law requires every

Election Day is November 8. This being a Presidential Election year, GNYADA would like to remind deal- ers about the procedures that allow staff time off to cast their vote. Employees, depending on their regu- lar working hours, may be entitled to extra hours off, so they have time to visit the polls. Under N.Y. Election Law § 3-110, employers must provide employees who are registered voters with “suffi- cient time” for “any voting election”. Specifically, employees are entitled to four consecutive free hours, while the polls are open on Election Day (6am to 9pm). Employees seeking additional paid time off on Election Day must notify their employer two to ten days in advance. Dealers can then decide whether the leave is to be taken at the beginning or the end of the worker’s shift. The Federal Trade Commission (FTC) has raised its maximum civil penalty amounts to $40,000, up from $16,000. This increase applies to several violations listed in the Federal Registry Notice on ftc.gov as part of the 2015 federal law requiring regulatory agencies to “catch up” for missed years of inflation. The FTC’s notice about this increase lists 16 separate violations for which fines have gone up various amounts, such as violations of the Energy Policy and Conservation Act, the Fair Credit Reporting Act, and others.

To order a new 14-in-1 poster, or for further questions about voting time-off

requirements, please call the Association at 718.746.5900.

FTC Fine Amounts Skyrocket Unfair deceptive practice fines increase to 40K. 13

Save the Date

Thursday, Nov 17 GNYADA Tax Forum

To register, call Phyllis at 718.746.5900.

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

The Newsletter • October 2016 7

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