ComplianceCast June 2010

Your HR & Regulatory Compliance Newsletter

June 2010 —

Find out why employers may have an upper hand in the future when it comes to text messaging on company devices in the workplace. Also, in this issue, why now is an important time to have your Wage & Hour compliance in order.

	Supreme Court Recognizes Right Of Public Employers To Search Electronic Communications The U.S. Supreme Court has "unanimously held that a public employer’s search of an employee’s text messages was reasonable and did not violate the employee’s constitutional rights.” Not only is this ruling a win for employers but it is also the first time that the Supreme Court has applied privacy protections to text messages. Read on to learn what this ruling means for employers and why it is important to update your policies and conduct audits. Labor Letter, Fisher & Phillips, LLP

	FTC Investigating Privacy Risks on Digital Copiers The FTC is currently investigating an alarming privacy risk that was brought to their attention by a recent CBS News segment concerning digital copiers and their hard drives which store images that include sensitive and personal information. Many times when these machines are traded in, repurchased or their leases run out, the hard drive remains in the machine with unencrypted personal information leaving your business exposed. Read on to learn what your should be doing to protect your business. Hunton Privacy Blog, Hunton & Williams, LLP. Provided by Kurkin Forehand Brandes, LLP

	Auto Dealers Could See New Financial Regulations Congress is working on legislation that could expose auto dealerships to further regulation by a newly created consumer protection agency. If the legislation passes, without amendments, F&I staff would be facing regulation similar to that of mortgage brokers and bankers. Many argue that around 80% of leases and auto loans are originated from auto dealerships which leave auto finance “susceptible to unfair and deceptive practices.” But NADA is fighting back, “Main Street auto dealerships should not be in a Wall Street reform bill.” Read on to hear more about this interesting debate. Article by Paul Wiseman, USA TODAY

Wage & Hour Update

By John Donovan, Partner, Fisher & Phillips, LLP

What do the U. S. Department of Labor, plaintiff’s attorneys and your employees have in common?

They all stand to benefit financially from the new attention focused on your wage-hour compliance.

For years, many employers, including dealerships, have not been complying with the complicated rules governing the payment of overtime. Many have assumed - incorrectly - that because they have not been sued, they must be paying their people correctly. That is changing and changing quickly. It is fair to say that the party is over.

In this difficult economy, companies and dealerships cannot afford to continue doing business as usual when it comes to wage-hour compliance. Government compliance audits and employee lawsuits continue to cost unwary companies and dealerships hundreds of thousands of dollars, and there is rarely any insurance to help with the bill.

Smart companies and dealerships can protect themselves from these kinds of claims by:

1. Understanding the requirements of both state and federal wage-hour laws,

2. Conducting an audit of every employee’s duties so that the employee can be properly classified and properly compensated, and

3. Training their managers about the importance of complying with these laws.

For additional information, view John Donovan's Compli Webinar, The Perfect Wage-Hour Storm: http://www.compli.com/event/webinar/.

If you have additional questions, email us at: info@compli.com.

Webinar Recording: SAAR's Cars and The Economy: An Expert Look Into the Future

Erich Merkle, President of Autoconomy and top-ranked economic and auto industry analyst presents:

• A review of the current economic conditions and their impact on the automotive industry;

• A forecast of the winning manufacturers, brands and concepts as seen at the North American Automotive shows and based on historical consumer demand;

• 2010 New Vehicle SAARs projections and its anticipated direction;

View now: http://www.compli.com/event/webinar/saars-cars-and-economy-expert-look-future.

Upcoming Seminars & Events:

June 29th 2010:
The Dealership Top Five: Expert Legal, Accounting and Acquisition Tips To Keep Your Dealership On Track Lunch Seminar in Dallas, TX. Speakers to include: Compli, Crowe Horwath LLP, Fisher & Phillips LLP, Chase and Greenberg Traurig LLP.

June 30th 2010:
The Dealership Top Five: Expert Legal, Accounting and Acquisition Tips To Keep Your Dealership On Track Lunch Seminar in Houston, TX. Speakers to include: Compli, Crowe Horwath LLP, Fisher & Phillips LLP, Chase and Greenberg Traurig LLP.

July 8th 2010:
Compli to be Featured Guest on HRchitect’s HR Technology Happy Hour WebMingle.

July 19th 2010:
Compli to Sponsor and Attend 2010 SLADA Charitable Foundation Golf Tournament in St. Louis, MO.

August 24th 2010:
Compli to Present at Suncoast Automotive Accountants Association Dinner in Tampa, FL.

To register and for more information, contact Jonica Smith at jonica@compli.com.

ComplianceCast June 2010 | Compli.com