Regulatory Affairs



Highlights

2018 EEOC Wage Data Due May 31, 2019, Additional 2018 and 2017 Data by September 30, 2019 (May 2019)
Dealers with 100 or more employees are subject to the U.S. Equal Employment Opportunity Commission’s (EEOC) EEO-1 Survey filing mandate. The EEOC enforces federal laws that make it illegal to discriminate against a job applicant’s or employee’s race, color, religion, sex, national origin, age, disability, or genetic information. The EEO-1 Survey for 2018 data is due by May 31, 2019. That EEO-1 filling must include the usual demographic data on race, gender, and ethnicity by job category. This information is now known as EEO-1 Survey “Component 1 data”. In addition, the Federal District Court for the District of Columbia recently ruled that additional data for calendar years 2018 and 2017 must be filed by September 30, 2019. Known as EEO-1 Survey “Component 2 data”, these additional filings must include employee W-2 wage and hours worked information set out in 12 specified pay bands. Important: the EEOC intends to open an EEO-1 portal for Component 2 data by mid-July at which time NADA will issue a member update. Last week, the U.S. Department of Justice filed a Notice of Appeal. However, since the District Court’s ruling has yet to be stayed, NADA suggests that for now EEO-1 filers should assume that they will have to file Component 2 data by the September 30, 2019 deadline. Questions on this matter may be directed to NADA Regulatory Affairs at regulatoryaffairs@nada.org
Tags: General Management, Human Resources, Department of Labor (DOL), EEOC, Labor & Employment, Regulatory Affairs
Dealership Websites and the Americans with Disabilities Act – Frequently Asked Questions (May 2019)
The last few years have seen increased litigation on the accessibility of commercial websites by those with visual or motor skill impairments. This is an evolving issue that impacts both our members and our organization. For example, between 2017 and 2018, website accessibility lawsuits under the Americans with Disabilities Act (ADA) surged by some 30 percent, with the majority targeting the banking, restaurant, and retail industry sectors. Retail light-duty vehicle dealerships have been threatened with lawsuits and sued. This issue is made more complex for franchise dealerships because OEM-mandated websites are increasing in ubiquity, thus dealers have limited control over the format and content of their websites. Unfortunately, the legal case decisions interpreting how the law applies to public-facing websites have varied widely between the circuits and even among district courts within a circuit. For additional information please see the attached FAQ.
Tags: ADA, Website, FAQ, Regulatory Affairs, General Management, Marketing, Federal Communication Commission (FCC).
NADA Launches Voluntary Protection Products Policy (April 2019)
Voluntary protection products are offered to consumers to protect their investment in vehicles which they purchase or lease—this includes GAP Waiver and extended service contracts.
Tags: General Management, Service, Parts and Accessories, New Car Sales, Marketing and Advertising, Consumer Product Safety, Regulatory Affairs.
IRS Issues Cash Reporting Reminder (April 2019)
Federal law requires a person to report cash transactions of more than $10,000 to the IRS.
Tags: Internal Revenue Service, General Management, Accounting, Regulatory Affairs
NADA Releases Model Dealership Voluntary Protection Products Policy (April 2019)
NADA has released the new, optional NADA/NAMAD/AIADA Model Dealership Voluntary Protection Products Policy to car and light-truck dealer members. This new resource, prepared in consultation with voluntary protection product (VPP) experts throughout the motor vehicle industry, provides franchised dealers an optional policy template they can use to help ensure that their VPPs are marketed and offered to customers in a compliant, professional and consumer-friendly manner.
Tags: General Management, F&I, VPP, Voluntary Protection Products
Cash Payment Report Helps Government Combat Money Laundering (March 2019)
Cash payment report helps government combat money laundering. Federal law requires a person to report cash transactions of more than $10,000 by filing IRS Form 8300, Report of Cash Payments Over $10,000 Received in a Trade or Business.
Tags: Accounting, General Management, New Vehicle Sales, Used Vehicle Sales, IRS, Regulatory Affairs
IRS Urges Businesses to e-file Cash Transaction Reports; It's fast, easy and free (March 2019)
The Internal Revenue Service today urged businesses required to file reports of large cash transactions to take advantage of the speed and convenience of filing these reports electronically.
Tags: Accounting, General Management, IRS, Regulatory Affairs
OSHA Injury and Illness Electronic Reporting Deadline Looms (February 2019)
Dealerships required to electronically file 2018 employee workplace injury and illness records with the Occupational Safety and Health Administration (OSHA) must do so by March 2, 2019.
Tags: General Management, Human Resources, OSHA, Regulatory Affairs
IRS Releases Final Regulations on Pass Through Deduction (January 2019)
The IRS has released final regulations on the Tax Cuts and Jobs Act’s (TCJA) for pass-through entities including qualifying businesses.
Tags: Accounting, General Management, IRS, Regulatory Affairs
New EPA Rule on Safe Management of Recalled Airbags (December 2018)
The Environmental Protection Agency (EPA) published an interim final rule on safe management of recalled airbags to supplement EPA’s June 2017 and July 2018 memos on the topic.
Tags: Parts & Accessories, Service, EPA, Regulatory Affairs, airbag, recall
NADA Continues to Push for Military Lending Act Solution (October 2018)
NADA and six financial services trade associations urge the Department of Defense (DOD) to withdraw its December 2018 interpretive rule regarding financing or other credit products as part of a vehicle finance transaction.
Tags: F&I, General Management, DOD, Regulatory Affairs 
NHTSA EPA-CAFE GHG Proposal Focuses on Affordability Safety and Fleet Turnover (September 2018)
The Trump Administration issued a proposal to revisit the Obama Administration’s fuel economy (CAFE)/greenhouse gas (GHG) mandates for light-duty vehicles. NADA has been consistently supportive of maximum feasible fuel economy improvements that are affordable and do not compromise the important vehicle attributes customers value. 
Tags: New Vehicle Sales, Service, DOT, NHTSA, EPA, Regulatory Affairs
NADA Releases Truth In Lending Guide (July 2018)
NADA has released its Dealer Guide to Truth in Lending Requirements detailing the technical disclosure requirements that the Truth in Lending Act (TILA) and its implementing regulation (Regulation Z) imposed on dealer credit operations in addition to certain related credit issues.
Tags: Accounting, General Management, Department of Treasury, Office of Comptroller of the Currency, Regulatory Affairs, Truth in Lending Act
FTC Conducts Nationwide Used Car Rule Buyers Guide (July 2018)
The Federal Trade Commission (FTC) announced results of a recent nationwide “compliance sweep of car dealerships” reviewing used cars offered for sale by those dealerships for inclusion of the recently-revised version of the “Buyers Guide.” 
Tags: Accounting, General Management, Department of Labor, Regulatory Affairs, used cars
Potential Tariffs on Autos and Auto Parts (July 2018)
NADA conducted a robust discussion about trade policy focusing on the Administration’s announcement to study the national security impact of imported autos and auto parts and the possibility that a tariff of up to 25 percent could be imposed on those autos and auto parts.
Tags: General Management, Sales-New Vehicles, Service, parts & service, Department of Commerce, Regulatory Affairs, trade
NADA Supports Fuel Economy Greenhouse Gas Emissions Rule Changes (June 2018)
NADA has filed extensive comments with the National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA) addressing the need to issue new and/or revised light-duty vehicle CAFE/Greenhouse Gas (GHG) rules for model years 2021-2026.
Tags: Service, General Management, NHTSA, EPA, Regulatory Affairs
Supreme Court Rules Service Advisors Fall Within Federal Overtime Exemption (April 2018)
On April 2, 2018 the Supreme Court issued a decision concluding that dealership service advisors fall within the “salesmen, partsmen, and mechanics” overtime pay exemption under the federal Fair Labor Standards Act.
Tags: Accounting, General Management, Human Resources, Department of Labor, IRS, Regulatory Affairs, FTC, Used Car Sales, Marketing/Advertising,Supreme Court
New NADA Guide on Tax Reform Law (March 2018)
NADA’s Dealer Guide to the Tax Cuts and Jobs Act of 2017 summarizes many of the business and individual changes brought about by the tax reform law signed on December 22, 2017.
Tags: Accounting, General Management, IRS, Regulatory Affairs