New York, NY - Earlier this week, Arent Fox LLP secured an important decision on margin and bonus programs for Maserati dealers in New York. The Arent Fox team argued before Administrative Law Judge Walter Zulkoski of the New York Department of Motor Vehicles, who ultimately granted in all aspects the firm’s motion for partial summary judgment.
On Thursday, May 4, Governor Larry Hogan of Maryland signed into law a bill which will help preserve the rights of auto dealerships throughout the state when dealing with auto manufacturers. The new law provides that key performance metrics for new motor vehicle dealers must consider local demographic and geographic limitations, among other fairness requirements. This new law redefines the often-contested issue of primary market area analysis and changes the standards for measuring and comparing dealer performance.
On February 28, 2017, in Vaquero v. Stoneledge Furniture LLC, a California Court of Appeal found that employers are required to separately calculate and pay compensation for rest periods for employees receiving commission based pay. The plaintiffs in Vaquero were commission-based salespeople at a furniture store. Each pay period, they received sales commissions plus, if necessary, a draw against future commissions bringing pay to at least $12.01 for each hour worked in the pay period.
New York, NY – Arent Fox LLP is pleased to announce that the firm negotiated an exceptional carve-out on behalf of Volkswagen dealer Palisades Volkswagen in a nationwide VW dealer diesel scandal class action settlement – the largest ever of its kind.
On January 23 the court approved a modified settlement carving out Palisades’ claims from the class action settlement regarding the diesel scandal. This is a win not just for Palisades, but for all VW dealers holding non-diesel related claims against VW.
The constant slew of innovations and advancements in smart cars has so far left regulators struggling to define new rules to govern this space. The overlapping jurisdictions of three different agencies - the National Highway Traffic Safety Administration (NHTSA), the Federal Trade Commission (FTC), and the Federal Communications Commission (FCC) – with different priorities have only added to the complexity.
The Gramm-Leach-Bliley Act and Data Breach Notification Statutes in NY, CA, and FL As Applied to Retail Automotive Dealerships
While autonomous car technology currently dominates privacy and security headlines in the automotive sector, cybersecurity should be top of mind for all players in our industry, including retail automotive dealerships. In fact, the FTC requires car dealers to match data protection standards required by financial institutions.
On Monday, the US Supreme Court ordered the Ninth Circuit to reconsider whether Service Advisors are exempt from overtime under the Fair Labor Standards Act (FLSA). SCOTUS issued its Order with direction to avoid taking the US Department of Labor’s most recent regulations into account, finding the regulations were issued without adequate explanation.
If you attended the Consumer Electronics Show in Las Vegas, you probably noticed many concepts applied to the one item that many Americans use every day: the automobile. Over the past few years technology developers and manufacturers have set their sights on the automotive industry, which is one of the largest industries in the United States. From automated cars, syncing software, to wearable devices that interact with a vehicle, it is clear that our time in the car is under an era of rapid change.
New York, NY – On May 3, Arent Fox LLP won a precedent setting decision with national implications on behalf of Beck Chevrolet Co., Inc. before the New York Court of Appeals on certified questions from the United States Court of Appeals for the Second Circuit. In Beck Chevrolet Co., Inc. v General Motors LLC, the Second Circuit asked the New York Court of Appeals to interpret two provisions of New York’s Franchised Motor Vehicle Dealer Act involving sales performance standards and franchise modifications.
On April 1, the National Highway Traffic Safety Administration issued an Enforcement Guidance Bulletin that outlines the agency's views on emerging automotive technologies. Critically, the bulletin suggests guiding principles and best practices for vehicle and equipment manufacturers as they develop and implement new technologies and report safety related defects.