< Previous10May we offer bonuses to employees who return to work?Yes. If you offer such a bonus it should be payable if the employee returns to work and remains employed in good standing for some period, such as a month. During that month period the bonus will have to included in the calculation of the “regular rate” for overtime purposes for non-exempt employees.May we reduce the pay of employees temporarily as business returns?Yes. You must provide notice of the reduction before the start of the pay period in which it goes into effect. Keep in mind that you cannot pay salaried exempt employees less than $54,080 without them losing the overtime exemption.What if an employee experiences symptoms of COVID-19?Send the employee home and recommend that he or she see a doctor. An employee who experiences COVID-19 symptoms and is seeking a medical diagnosis is eligible for up to 10 days of federal paid sick leave under the FFCRA. What if an employee tests positive for COVID-19?That employee must stay home for at least 10 days from the date the test was given, or until the symptoms have resolved, whichever is later. Other employees who were within close contact (defined as within 6 feet for 15 minutes or more) with the employee who tested positive must also be sent home to self-quarantine for 14 days from the last date they were in close contact with that employee. All of these employees will be eligible for up to 10 days of federal paid sick leave under the FFCRA. What will employees sue us for after they return?Employees might complain internally or to OSHA about allegedly unsafe working conditions and then sue for retaliation if they are later fired. They might sue for wage and hour violations if they worked at home and did not keep accurate time records or take timely meal and rest breaks. If employees were required to use their own cell phones, computers or internet while working from home they might sue if you failed to reimburse them for a fair portion of the cost. Employees who believe they were laid off or called back in a discriminatory manner might sue. Finally, employees who worked at your dealership and contracted COVID-19 between March 19, 2020 and July 5, 2020 will be presumed to have caught the virus at work for workers’ compensation purposes and can receive workers’ compensation benefits unless you can prove otherwise. If you do not follow the state and local requirements and guidelines, employees who contract COVID-19 might also assert a “serious and willful” claim in their workers’ compensation case. James J. McDonald, Jr. is managing partner of the Irvine office of Fisher & Phillips LLP. 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Insurance coverages underwritten by individual member companies of Zurich in North America, including Zurich American Insurance Company. © 2018 Universal Underwriters Service Corporation. All Rights Reserved.Zurich is more focused than ever on helping our customers succeed. 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Please contact Denyn Pysz at (949) 294-9550 or denyn@digitalmotors.com.Welcome To Our New Associate Member14Cliff Allen Roberta Hardin Chad Roberts Brian Babler KC Heidler Jim Robins Eddie Bissiccio Roger Hogan RJ Romero Miles Brandon David Kim Mike Russell Steve Brown Richard Landfield George Saad David Bunnell Mark LeCompte Trey Selman Chris Childs Chad Lemieux Pete Shaver A.J. D’Amato Dennis Lin Frank Shaygan Tony D’Amato Paul Lui Damon Shelly David DeLillo Pat Lustig David Simpson Al Dimont Dave Mello Steve Smith Tim Doddridge Allen Moznett Ahmad Soleman Jay Fancis John Oh Penny Spellens James Graham Kevin Oliff Gary Stone Jim Graham Al Parajeckas Derrick Van Nieulande Jon Gray Young Park Scott Wade Matt Gunderson Jim Parsons Gary Willenborg Bruce Hamlin Doug Pielemeier Omar Z. Jared Hardin Bill Piercey* *Chairman’s Club Donor DDoonnoorrss 15GET TO KNOW JANET NGUYENCandidate for Assembly District 72Assembly District 72 includes Westminster, Fountain Valley, Los Alamitos, Seal Beach, portions of Garden Grove, Huntington Beach, and Santa Ana, and the unincorporated communities of Midway City and Rossmoor.Favorite Quote: “If you want to lift yourself up, lift up someone else.”Booker T. WashingtonBiography: Republican Janet Nguyen was elected to represent the 34th Senate District in 2014, winning a heavily Democratic district. She was narrowly defeated in the blue wave of 2018, but she out-performed every other Republican in her district. In the 2020 March Primary for the 72nd Assembly District, Janet was the top vote-getter, defeating an incumbent legislator. Prior to entering politics, she served as Vice-President of Government and Public Affairs for a local Chamber of Commerce. In 2004, she became the youngest person ever elected to the Garden Grove City Council. She went on to become the youngest person ever elected to the Orange County Board of Supervisors and the first Vietnamese American elected to the State Senate.As a State Senator, Janet Nguyen was named Legislator of the Year by the American Legion, the Association of the United States Army and the Vietnam Veterans of America. Janet Nguyen received top ratings from California’s leading taxpayer groups and small business organizations, including the Howard Jarvis Taxpayers Association and California Taxpayers Association. Through her years of public and community service, she was awarded the “We Give Thanks 2004 Women of Vision Award”, which recognizes outstanding women who have provided exceptional services to the community. In addition, the Orange County Register has listed her as one of the “30 Vietnamese-Americans to Watch” and she was named one of OC Metro Magazine 2006 “25 Hottest People” in Orange County for her demonstrated leadership and influence in Southern California.As a first-generation American, Janet is proud to give back to the country that has given her freedom and liberties not afforded to her by her country of origin. Born in Saigon, Vietnam, Janet and her family escaped their homeland on a small wooden 10-meter boat sailing across the South Asia Sea in search of freedom. After passing through numerous refugee camps, Janet and her family arrived in California in 1981.Like many new immigrants, the Nguyen family struggled financially. At the age of 10, Janet began cleaning houses to help pay for living expenses and school supplies. Her father worked at the local community college as a busboy while also taking ESL classes. Janet Nguyen’s love for the United States compelled her to pursue a career in public service. She takes great pride in representing individuals of all backgrounds and her work has led to many firsts in state and national politics. Janet Nguyen is a graduate of the University of California, Irvine where she received a Bachelor of Arts degree in Political Science. Personal: She resides in Fountain Valley with her husband Tom Bonikowski and two sons.Contact Information:(714) 786-8800www.janetforassembly.com1617For over 40 years, BBVA Compass has provided auto dealers with the exible and aordable commercial nancial solutions they need to operate asuccessful dealership: For your dealership Floorplan & real estate nancingEquipment financing & leasing optionsInventory & parts receivablesmanagement solutionsFor your customers Competitive retail nancing optionsQuick credit decisions & reliable fundingTerrance DempseyEugene Gonzalez Relationship Manager, Orange County Market 949-214-0017 Our experienced professionals are committed to helping you make your business more ecient and more protable — all with the added support of top-level customer service. 1-800-COMPASS • bbvacompass.comAll credit and accounts are subject to approval, including credit approval. BBVA Compass is a trade name of Compass Bank, a member of the BBVA Group. Compass Bank, Member FDIC. Give us a call today. Your business is built on service. So is ours. Follow us on:Dealer Relationship Manager949-212-040518A Significant Rise in Auto TheftVehicle theft by way of auto fraud has been on the rise over the last several years and has quickly exploded. The techniques used by professional thieves to commit fraudulent vehicle purchases is continually evolving and expanding across Orange County. For the automotive industry, law enforcement, financial institutions, and other stakeholders to be effective in combating these crimes, it is essential that we all continue to learn, educate one another, and collaborate with one another to enact proactive measures to combat auto fraud.Just as forward-thinking leaders identify and incorporate new and more efficient means to conduct their way of doing business, professional auto thieves have done the same.Since the COVID-19 pandemic outbreak, vehicle theft investigators/detectives have witnessed a significant rise in auto fraud. Professional auto thieves are taking advantage of the current climate; mandatory face coverings allow fraud suspects to conceal their identity and some manufacturer promotions for “no payments for three months,” allows suspects that unintended “grace period” to possess and/or sell the vehicle minus fear of repossession or the initiation of a timely investigation. More than likely, the vehicle may be a loss prior to the first payment’s due date once it’s shipped out of country or VIN switched.Financial institutions must be willing to work with law enforcement to identify consistent methods to provide pertinent information required to establish elements of a crime, in this case fraudulent activity. When information is not provided or shared, law enforcement has not met their legal obligation to establish elements of the crime, therefore, there is no crime to charge. Law enforcement must approach fraud-based investigations with patience and an open mind. They cannot make predetermined decisions based on the face value of a crime or on their previous experiences. Fraud suspects are sophisticated enough to disguise fraud transactions into legitimate transactions. Therefore, law enforcement must be able to approach these types of investigations with the mindset of a finance manager AND an auto theft detective/investigator. Law enforcement must understand that fraud suspects are not your everyday street criminals committing low level crimes just to go joyriding or make a quick few bucks, fraud suspects are professional auto thieves who are extremely organized and involved in much more serious crimes, such as robbery, drug smuggling, human trafficking, and homicides. Many professional auto thieves/fraud suspects are drug dealers, criminal street gang members, and/or organized crime members. They have adapted to survive in their business to remain effective. Orange County Auto Theft Taskforce (OCATT) Detectives/Investigators have provided the following fraud indicators for dealers, in hopes to prevent fraud purchases from occurring. 11 BEST PRACTICES TO PREVENT A FRAUD PURCHASE1. Obtain and utilize an ID scanner/ID verification software. There are several products out there such as “Fraud Fighter.” This software will help detect fraudulent/counterfeit driver’s licenses. 2. Do not accept a scanned copy or picture of a driver’s license. If the purchaser is attempting an online or an over the phone purchase, have the purchaser provide a photograph (selfie) of themselves holding the driver’s license being provided. 3. If the dealership is willing, obtain a thumb print from the customer(s). If the purchase ends up being fraudulent, a good thumbprint will assist law enforcement in positively identifying the suspect. Additionally, obtaining a thumbprint can also be a deterrent.4. High definition video surveillance installed in areas where purchasers sign purchase documents are also a deterrent as well and can be used to positively identify a suspect.• Suspects do not like being videotaped when they are committing crimes.• If possible, retain video surveillance data for 90 days or longer. 5. Ensure all information matches, from the driver’s license to credit application to credit report. A current trend involves suspects using their real driver’s license while using another person’s Social Security Number who has the same or similar name. On several occasions, the name will match, but the year of birth and address on the credit report are totally different. • If a discrepancy is identified, obtain explanation from customer. PROVIDED BY ORANGE COUNTY AUTO THEFT TASK FORCE (OCATT)11 BEST PRACTICES TO PREVENT A FRAUD PURCHASELance, Soll & Lunghard, LLP | CPAs & Advisors | lslcpas.com | (714) 672-0022BreaSacramento“We have a fantastic relationship with the LSL team. They keep our interests top of mind and maintain a positive reputation in the industry.” Santa Ana -Craig Whetter, President, David Wilson Automotive Group (relationship since 1983) Donald Slater, CPA Automotive Services Partner donald.slater@lslcpas.comMike Mangold, CPA Automotive Services Partner mike.mangold@lslcpas.comDavid Myers, CPA Automotive Tax Partnerdave.myers@lslcpas.com6. Several credit inquiries, specifically from auto loan companies, within a week or less of each other is a major indicator. Normal people do not allow every dealership they contact to run their credit. 7. Require proof of income when any purchaser claims more than $20,000 in monthly income. Professional auto thieves provide a high monthly income to steer the debt to income ratio into their favor.8. Require proof of funds if the suspect is attempting to purchase the vehicle with a personal or cashier’s check. 9. Professional auto thieves/fraud purchase suspects prefer to take advantage of an online purchase with delivery of vehicle. Suspects who enter the dealership, primarily go in on Friday afternoon after 5 p.m. or on weekends and holidays. Suspects understand the “auto approval process” and take advantage of it during non-banking hours. • On occasion, suspects will show up with proof of income, proof of residency, and additional documentation in hopes to speed up the process. • Additionally, these suspects will refuse a test drive, will not negotiate the purchase price, and agree to all extended warranties and vehicle service contracts.10. For off-site deliveries, ensure the safety of your employee, by controlling the delivery location. If purchaser requests delivery to their residence, make sure to deliver vehicle to their residence, do not let them meet you down the street from the residence. If the purchaser requests delivery at a location other than residence, ensure the location is a public place where people are present. • Most importantly, ensure the purchaser is present and proper identification is provided before turning over possession. 11. For all purchases, make sure the picture on the driver’s license matches the purchaser providing it. If an incident of auto theft is suspected, dealers should contact their local law enforcement agency who has primary jurisdictionNext >