Category: Auto Defense

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Attorney, Auto Defense, Defense, James S. Sifers, Used-Car Dealerships

Electronic Signatures in Vehicle Sales

Electronic transactions have vastly simplified the way many industries document deals.  Several of my automobile dealership clients have inquired as to whether vehicle transactions can be documented electronically.  Currently, the answer to that question is no.  Despite the aging equipment used to memorialize deals found in many automobile dealerships, including dot matrix printers with cutting edge 1980s technology, California has exempted new and used vehicle leases and sales from its […]

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Auto Defense, Used-Car Dealerships

California Assembly Bill (AB) 516 – Temporary License Plates

September 20, 2018 Re:  California Assembly Bill (AB) 516 – Temporary License Plates California Assembly Bill (AB) 516 was chaptered on July 25, 2016, with an implementation date of January 1, 2019. This legislation creates a required new electronic issuance process and new temporary permits for use by dealers to issue Reports of Sale and Temporary License Plates.  The California Department of Motor Vehicles (DMV) is working with Fairfax Imaging, […]

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Auto Defense, Defense, Used-Car Dealerships

Proposition 65 Warning & Your Dealership

PROP 65 GENERALLY Prop 65, aka the Safe Drinking Water and Toxic Enforcement Act, requires CA to publish a list of chemicals known to cause cancer or reproductive toxicity, and for businesses with 10 or more employees to provide warnings when they knowingly and intentionally cause significant exposures to listed chemicals. NOTE: Prop 65 does not ban or restrict the sale of chemicals on the list. NOTE: The new OEHHA […]

ML Jim Sifers
Attorney, Auto Defense, James S. Sifers, Used-Car Dealerships

Why it is Important to Document Employment Relationships

Most dealerships in California utilize a commission compensation structure in order to pay their sales staff.  Doing so is generally allowed if the dealership complies with the myriad of laws dealing with this type of arrangement.  The problem is that many dealerships run into costly issues when they do not properly calculate the pay due to their sales staff or properly document the relationship between them and their sales staff.  […]

ML Jim Sifers
Attorney, Auto Defense, Defense, James S. Sifers, Used-Car Dealerships

Why A Safety Inspection Is So Important!

A safety inspection for a vehicle that your dealership is going to offer for sale to the public is not just a good idea, it is required by law.  A proper safety inspection can reveal potential problems with a vehicle and act as an insurance policy which confirms that a vehicle sold by your dealership was in a safe condition prior to that sale.           Cal. […]

ML Jim Sifers
Attorney, Auto Defense, Defense, James S. Sifers, Used-Car Dealerships

Court Rules Services Advisors are Exempt

On April 2, 2018, the United States Supreme Court issued its opinion in Encino Motorcars, LLC v. Navarro, et al. No. 16-1362 (“Encino”).  In Encino, the Court reversed a Ninth Circuit Court of Appeals Decision and ruled that automotive service advisors are exempt employees not entitled to overtime wages per the Fair Labor Standards Act (“FLSA”) 52 Stat. 1060. (Opinion Pg. 1.) The Court ruled that automotive service advisors are […]