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Vol. 8, Issue 4
April 3, 2017

ARE YOUR EMPLOYMENT
POSTERS UP TO DATE?

Employers are required to display several informational posters for their employees.  Failure to have the correct posters can result in fines and penalties issued by New York State or Federal regulatory agencies.  The following is a list of some of the items which need to be posted at the dealership.

New York State Labor Law      
 
Correctional records.  Employers must post a copy of Article 23-A of the correction law relating to the employment of people with a criminal conviction.  Download a copy of the posting requirement from the following link.
 
 
Discrimination.  Employers must post the New York State Human Rights Law poster detailing prohibitions against discrimination based upon age, race, creed, color, national origin, sexual orientation, military status, sex, disability, domestic violence victim status or marital status.  Download a copy of the poster from the following link.
 

Minimum Wage.      New York State Labor Law notice on payment of minimum wage.  Download a copy of the poster from the following link.
           
 
Safety & Health.  Employers must post the You have a right to know! poster. Download a copy of the poster from the following link.
 
 
Smoking.  The New York State Clean Indoor Air Act prohibits smoking at the workplace.  Employers must post No Smoking signs or the international No Smoking symbol in every place where employees are likely to smoke.  

Federal
 
Minimum Wage.  Employers must post the Employee Rights Under the Fair Labor Standards Act Poster (FLSA / Minimum Wage).  Download a copy of the poster from the following link.
 

Safety & Health.  Employers must post the Job Safety and Health: It's the Law poster. Download a copy of the poster from the following link.
 
 
FMLA.  Employers must post the Employee Rights and Responsibilities Under The Family and Medical Leave Act poster.  Download a copy of the poster from the following link.
 

Equal Employment Opportunity.  Employers must display the Equal Employment Opportunity is the Law poster and the 2015 supplement.  Download a copy of the posters from the following links.
 


Polygraph.  Employers must post the Employee Polygraph Protection Act Notice poster. Download a copy of the poster from the following link.
 
 
Uniformed Services Employment and Reemployment Rights Act.  Employers are required to provide a notice of the rights, benefits, and obligations of the employees and employers under USERRA. Download a copy of the poster from the following link.
 
 
Many of these posters are sent to you annually free of charge from associations such as the Greater New York Automobile Dealers Association.  Check to make sure these posters are currently on display.  If not print one out and post where all of your employees have access.
 
If you have any questions on your posting requirements please contact Stevan LaBonte at 516-280-8580 or by e-mail at slabonte@labontelawgroup.com.   

DEALER SUED FOR FAILURE
TO DISCLOSE NEW CAR DAMAGE

 A Fiat and Chrysler dealership in the Chicago area is battling a consumer in court over an alleged failure to disclose prior damage to a new vehicle.  The case was dismissed by a lower court but the consumer successfully appealed the case and the fight to determine the presence of fraud continues.

The vehicle was delivered to the dealership with a dented roof.  The dealer used a third party body shop to repair the dent and repaint the vehicle but did not disclose the damage to the consumer because the amount to repair the damage was less than the state mandated disclosure threshold.  However, the consumer argued that the repairs were substandard and the cost to properly repair the vehicle would have exceeded the state disclosure threshold requiring the dealer to disclose the damage to the consumer.  A court in Illinois will eventually hear arguments from both sides but not before the dealership spends considerable time and expense in the continued defense of the action.  

In New York a dealership must disclose damage on a new vehicle which exceeds five percent (5%) of the MSRP.  NY law requires that the damage calculation be based upon the retail cost of the repair and not the amount the dealership paid a body shop to perform the repairs.  A dealership may also be held liable for the work performed by the body shop if the work is not performed properly. 

In our experience, most damage disclosure cases involve situations where the dealership undervalued the cost of the repairs and failed to disclose the damage to the consumer or where the dealership failed to properly document the nature and cost of the repairs.  Whenever repairs are performed on a new vehicle we recommend that you clearly document the damage and the work performed and closely inspect the repairs prior to delivering the vehicle to a consumer.  If there are any close calls as to whether you should make the disclosure we recommend that you err on the side of caution and make the disclosure.  

If you need to make the written damage disclosure use the following required disclosure statment (TYPE ON DEALERSHIP LETTERHEAD).

ACKNOWLEDGEMENT OF DISCLOSURE BY DEALER
OF DAMAGE TO MOTOR VEHICLE

In connection with the purchase from (DEALERSHIP) of the motor vehicle described as follows:       YEAR ___  MAKE ______ MODEL____   VIN NO.______           

I, the undersigned, hereby acknowledge that the dealership disclosed to me prior to sale, that the above referenced vehicle had been damaged on (INSERT DATE) at (INSERT LOCATION) before I agreed to purchase said vehicle, as follows: (LIST ALL DAMAGE AND A DESCRIPTION OF THE REPAIRS).

I further acknowledge that said damage has been repaired to my satisfaction.

Date:                                  _____________                                  
Signature of Purchaser: _________________________                  
Witnesses:                        _________________________

Should you have any questions or need advice on anything related to dealership operations please do not hesitate to give me a call at 516-280-8580 or send me an e-mail to slabonte@labontelawgroup.com.  Your questions will be answered promptly.
Sincerely,

Stevan H. LaBonte, Esq.
LaBonte Law Group, PLLC
1461 Franklin Avenue, Suite LL-S
Garden City, NY 11530

516.280.8580 (Phone) 
631.794.2434 (Fax) 

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