Below are our latest posts regarding the coronavirus pandemic.
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The Franchise and Dealer Law Report
Currently the Pfizer, Moderna, and Johnson & Johnson vaccines for COVID-19 have only been approved for emergency use by the Food and Drug Administration (FDA), which means that terminating an employee for refusing to receive the vaccine could violate unjust termination principles under Wisconsin law. The bottom line is that currently no state or federal law directly prohibits Wisconsin employers from requiring employees to receive the COVID-19 vaccine, but doing so exposes employers to many forms of potential liability. The legal risks outlined below demonstrate that mandating vaccines is not recommended at this time, and dealers instead may want to consider simply encouraging employees to get vaccinated.
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The Franchise and Dealer Law Report
04.20.20
The Department of Financial Institutions (“DFI”) is the State agency responsible for administering the Wisconsin Consumer Act (“WCA”). As Wisconsin dealers who finance sales of vehicles are well aware, the WCA sets strict rules regarding when a consumer loan is considered in default and establishes a series of steps lenders must follow to enforce the loan after default. The rules regulating defaults and enforcement apply to loans in the initial amount of $25,000 or less. However, the WCA also establishes rules all debt collectors must follow when collection debts for consumer transactions, even if the amount financed initially exceeds $25,000.
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The Franchise and Dealer Law Report
Although the Governor’s “safer at home” order allows motor vehicle dealership sales departments to remain open as “essential businesses” during the coronavirus crisis, many dealers and their customers may wish to conduct sales transactions away from the showroom to minimize health risks. The two principal options to showroom sales are online sales and sales that take place at the customer’s home.
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The Franchise and Dealer Law Report
The CARES Act (sometimes referred to as Covid-3), which was passed last week, creates alternative programs to help automobile dealers and other small businesses to cover or defer their payroll costs during the coronavirus crisis.
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The Franchise and Dealer Law Report
The CARES Act, which became law at the end of last week, creates a new SBA lending program, known as the Paycheck Protection Program (PPP), to provide forgivable loans to businesses (including auto dealers) they may use pay for payroll and certain other operational costs.
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