By Michael G. Charapp Charapp & Weiss LLP I-9 Audits Audits of Form I-9 compliance have increased over 500% over the last four years. Why? Is there a hotter political issue over the last three presidential administrations than border security? And what role do businesses have in that? Compliance with Form I-9 procedures to be
Check Those OEM Releases
By Michael G. Charapp Charapp & Weiss LLP You are selling one of your dealerships. The franchisor wants a release of claims against it by the selling dealer before it will issue a new dealer sales and service agreement to the buyer. Or you are closing one of your dealerships and the franchisor demands the
Strengthen your confidentiality policy
By Michael G. Charapp Charapp & Weiss LLP Business people sometimes refer to agreements with executives and employees to limit their ability to impact the business of their employer after they resign or are terminated as “non-competes.” Usually, that phrase is shorthand for three types of agreements: (i) an actual non-competition agreement that prohibits the
Shield your business from legal damages with these tips
By Michael G. Charapp Charapp & Weiss LLP Dealers assume they are in the clear from personal injury or wrongful death suits when the statute of limitations runs out. However, when the statute begins to run is sometimes complicated, and that can lead to claims years later. Take, for example, mesothelioma lawsuits. Many years ago,
Give attention to VPP chargebacks
By Michael G. Charapp Charapp & Weiss LLP We have talked repeatedly about how the compliance world for dealers changed dramatically with the result of the federal election in November 2020. We have warned about the need for a Fair Lending Program and for a program for pricing voluntary protection products like extended warranties and
Twenty One for ’21
By Michael G. Charapp Charapp & Weiss LLP What a difference a year makes. Last year’s article, Twenty for ’20, was upbeat. It warned of challenges for dealers but noted that dealers’ resiliency would lead them to success because of the strength of the overall economy. We could not foresee how resilient dealers would have
Mythbusters 2021
By Michael G. Charapp Charapp & Weiss LLP There are many myths in the car business – things that “everybody knows” that are not necessarily true. Occasionally, we like to bust those myths. Here are 10 mythbusters for 2021. 1. We have a car we took in trade. It’s been in a serious accident, but
Best practices for recalls
By Michael G. Charapp Charapp & Weiss LLP As a franchised dealer, you regularly deal with issues arising from factory recalls. As a best practice, you should involve all departments of your dealership. Under federal law, you cannot deliver a new car subject to a recall unless it is repaired. Unfortunately, we sometimes see
The Biden administration’s approach to labor issues
By Michael G. Charapp Charapp & Weiss LLP Biden White House likely ushers in a new (and familiar) approach to labor issues We have observed that the Biden administration is likely to be the third term of the Obama administration. That is especially the case in labor and employment law. If one remembers the labor
The Biden Administration’s approach to fair lending
By Michael G. Charapp Charapp & Weiss LLP During the Obama administration, regulators targeted dealer financing practices threatening an important element of dealer income. The Consumer Financial Protection Bureau attacked dealer participation, claiming that it led to consumers in protected classes paying more for credit. In the latter years of the Obama administration, the