GNYADA October 2016 Newsletter

New Leave Rules for Employees with Disabilities Dealer pays 50K to settle claim. 2

Numerous companies from other industries have also paid heavy fines — totaling in the tens of millions — for these violations, since the new rules took effect.

performing their duties. An example might be permitting extra breaks or rest periods, so a worker can take required medication. The option of unpaid leave (i.e., instead of termination) must be considered, if a worker’s medical absence goes longer than expected. This is required even if it goes against company policy. Unpaid leave can only be denied if the employer can prove that it would represent “undue hardship” for the company; for example, if the dealership's biller requests leave with little or no notice, leaving that critical position suddenly unstaffed. Based on these new requirements, the EEOC has already sued and reached a $50,000 settlement with a Nevada dealer group for firing an employee who requested leave for the diagnosis and treatment of multiple sclerosis. n has offices in New York City, Albany and Washington, D.C. Senior Partner Sid Davidoff has five decades of experience in City law and politics, and is one of the most revered lobbyists in New York. He has a very strong relationship with Mayor de Blasio and also claims a spot in City & State Magazine’s 2016 “New York City Power 100” list. Davidoff, Managing Partner Jeff Citron, and attorney Arthur Goldstein will be working with us to lobby for City dealers.

The U.S. Equal Employment Opportunity Commission (EEOC) has issued new guidelines regarding when and how employers must provide FMLA leave to workers with disabilities. The new mandated leave-policy changes include: Employees requesting paid leave under the ADA must receive the same treatment as any other employee who requests medical leave. For example, employers cannot require doctors’ notes for disabled employees if they don’t require them for routine sick-leave requests. Employers must provide “reasonable accommodation” regarding all requests for disability leave. This means making adjustments or allowances to help disabled employees continue City dealers have been facing overregulation, increased costs to conduct business and greater difficulties in navigating the municipal regulatory maze. To focus on the interests of franchised new car dealers in New York City before the Mayor and City Council, GNYADA has retained Davidoff Hutcher & Citron, LLP as legal counsel. Founded more than 40 years ago, DHC is a midsize, multidiscipline practice that does extensive government relations work; the firm 3 n n

Save the Date

Tue, Oct 18 or Thur, Oct 20 Annual Labor Law Seminar This annual program held at GNYADA’s Center for Automotive Education & Training keeps dealers informed and in compliance with the numerous labor laws and regulations that impact day-to-day operations. To register, call Phyllis at 718.746.5900. ERP Members: First person free, $49 each additional. Non-member fee, $150.

Meet GNYADA's New NYC Lobbying Team

DHC Senior Partner, Sid Davidoff

Greater New York Automobile Dealers Association •

The Newsletter • October 2016


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