For decades, federal wage and hour regulations have required that non-discretionary bonuses paid to employees be included in the recipients’ “regular rate” for purposes of calculating their overtime premiums. In other words, if an employee earns a base rate of $10/hour and also earns a non-discretionary weekly productivity bonus in the amount of $50 during
…
Under a recent Eastern District Court ruling, Pennsylvania debt collectors must be licensed by the Department of Banking and Securities in order to collect on deficiency judgments from retail installment sales contracts or face violations of the Fair Debt Collection Practices Act.
In the decision from Judge Kearney in the Eastern District of Pennsylvania, Wyche…
There is a constant drip of news about data security breaches, identity thefts and cybersecurity, to the point that it can become background noise. That is, until it happens to you, as I recently found out.
Several weeks ago, I got a call from the administrator of my 401(k) asking if I had requested another…
Corruption in the transportation industry has been a problem for many years. From Volkswagen’s diesel scandal, to the most recent investigation into illegal payments made by Fiat Chrysler to United Auto Workers’ former vice president, the auto industry has struggled with keeping things honest. In an industry focused increasingly on innovation and adaptation, the “old…
Auto dealerships and service centers often utilize storage tanks for fuel, waste oil, and wastewater oil-water separators. They should closely review and understand Pennsylvania’s regulation of aboveground and underground storage tanks, especially important changes issued in late December 2018. Many new requirements became effective at that time, yet the Pennsylvania Department of Environmental Protection (“PADEP”)…
When we think of financing motor vehicles in the auto industry, our minds often draw to compliance with consumer protection laws and avoiding the attention of enforcement agencies on both the state and federal level—states’ attorneys general, the Federal Trade Commission, the Consumer Financial Protection Bureau and the Department of Justice all may investigate and…
Pennsylvania already counted itself as one of the more than 30 states with autonomous vehicle laws; however, the Platooning and Highly Automated Vehicles Act (the “Act”), signed into law by Governor Tom Wolf on October 24, 2018, provided a glimpse of where automated vehicles are already operating in our society. While immense public attention has…
With the current administration, we have continued to see an evolution of less enforcement at the Consumer Financial Protection Bureau. Cheers for this change should be kept in check because it may be causing state enforcement agencies to be more active in consumer financing areas. Previously, there was collaboration between the CFPB and state agencies;…
Governor Wolf recently signed Act 59 of 2018 which amends the Pennsylvania Board of Vehicles Act (“BOVA”). The amendments to BOVA are effective on August 27, 2018 and significantly enhance the protections provided to Pennsylvania new car and truck dealers. The significant enhancements to BOVA are outlined below and continue to help level the playing…
Surely, a vehicle dealership cannot imagine functioning without its inspection licenses. Yet, in the past year I have seen dozens of state inspection licenses (safety and emission) have suspensions imposed for sticker security concerns. Part of the reason this happens is because a first violation of inspection sticker security is a warning, so often it…
