As auto manufacturers announce plans to add ever more electric vehicles to their product portfolios, many also are requiring their dealer bodies to make substantial investments to prepare to sell those vehicles. In some instances, the manufacturer also is attempting to assume some aspects of the sales process previously controlled by the dealer.

Ford dealers are worried that some aspects of the Model e program are a slippery slope leading to the agency model of selling vehicles. In an agency model approach, the manufacturer sets the price and manages the online customer relationship. The dealer serves as the delivery point for the vehicle.

As countries around the world move forward with plans to phase out the internal combustion engine, luxury and high-performance brands are coming to grips with perhaps the most significant change in automotive history: conversion to electric vehicles (“EVs”). The change brings feelings of frustration and grief, but also anticipation and excitement to manufacturers, dealers, and customers alike.

Some dealers are finding that the next generation isn’t interested in staying in the retail auto business. Selling cars still appeals to many who grew up at their family dealership, however.

The Combating Auto Retail Scams (CARS) Rule targets bait-and-switch tactics, junk fees; includes clear protections for military members, who are frequent targets for vehicle scams.

The 2023 legislative session touched on a wide array of business topics. The new laws do not affect all businesses, but are nonetheless worth every business owner’s attention, as they may shape you conduct business in California in the future. In particular, California continues to pass legislation aimed at minimizing the impact of climate change.

As with prior years, California enacted additional legislation with the goal of limiting catalytic converter theft. Dealerships will need to take the necessary action to comply with these new laws. AB 473 is a victory for dealerships in that, among other things, it closes a loophole used by manufacturers during the Protest process. And, as with new laws governing businesses, in general, California has passed additional legislation aimed at minimizing the impact of climate change that targets the vehicle and dealership process.

Both the Federal government and California enacted legislation raising the minimum wage for certain workers. California has also passed several bills that protect employees in variety of ways relating to cannabis use, non-compete agreements, workplace safety, right to organize, retaliation, and reproductive rights.

As with private employees, California has passed legislation that provides certain protections for employees of public entities.

The most important civil procedure-related bill passed by California relates to arbitration in employment actions. Previously, if a court denies an employer’s motion to compel arbitration and the employer files an appeal, the civil action was automatically stayed during the pendency of the appeal. In an effort to protect employee rights, California passed SB 365 which now gives the trial judge the discretion to stay the civil proceedings during the pendency of the appeal.