Fine, Boggs, and Perkins LLP developed the updated sample document above to assist dealerships in complying with Cal/OSHA’s requirement that workplaces adopt a compliant COVID-19 plan.
This Sample Face Mask Notice is for use in jurisdictions where face masks are optional. It is not a government notice. It was developed principally by Fine, Boggs, and Perkins to allow dealerships to notify customers of current mask requirements. It should be posted at each public entrance.
This Sample Face Mask Notice is for use in jurisdictions where face masks are required. It is not a government notice. It was developed principally by Fine, Boggs, and Perkins to allow dealerships to notify customers of current mask requirements. It should be posted at each public entrance.
The Sample Face Mask Notice is for use in jurisdictions with continuing masking mandates. It is not a government notice. It was developed principally by Fine, Boggs, and Perkins to allow dealerships to notify customers of state mask requirements. It should be posted at each public entrance.
NOTE: As of April 25, 2022, masks are no longer required for test drives and shuttle service in most jurisdictions.
The updated Leave Request Form facilitates employee leave requests in compliance with SB 114’s 2022 Supplemental Paid Sick Leave law and the Cal/OSHA ETS exclusion pay requirements. The form was developed for CNCDA Members by Fine, Boggs, and Perkins LLP.
The updated Vaccination Status Questionnaire asks whether an employee completed their original vaccination course, and whether an employee is “up-to-date on vaccinations,” which can include boosters. This information is important to determine whether an employee is exempt from state face mask requirements and whether an employee is exempt from quarantine following close-contact exposure to COVID-19. The form was developed for CNCDA Members by Fine, Boggs, and Perkins LLP.
This updated vaccination status questionnaire (developed by Fine, Boggs, and Perkins) inquires as to whether an employee is “up to date” on their vaccinations, which can include boosters.
This document (developed by Fine, Boggs, and Perkins) provides a template to notify employees of potential exposure to COVID-19. It contains additional information on COVID-19 symptoms and testing, which are required by law.
Following the FDA announcement that the Pfizer & BioNTech’s COVID-19 vaccine has received full approval for those 16 and older, some employers have chosen to implement a mandatory vaccination policy. Fine, Boggs, and Perkins LLP developed the Sample Mandatory Vaccine Policy above for CNCDA members.
Following the “reopening” of the state on June 15, many compliance requirements related to COVID-19 were eliminated or relaxed. The Dealership COVID-19 Compliance Checklist was designed to help dealerships identify ongoing compliance issues after the reopening.
The Vaccination Status Questionnaire was developed by CNCDA and Fine, Boggs, and Perkins to allow dealerships to document employee vaccination status, which is required by the Cal/OSHA Emergency Temporary Standards adopted on June 17, 2021. You can read more about this requirement by clicking here. The notice is based on a similar notice that was issued by the Santa Clara County Public Health Department.
Fine, Boggs, and Perkins LLP have developed the materials above to help guide members in developing employee training on COVID-19 and performing daily symptom checks for employees.
Developed by Fine, Boggs, and Perkins LLP, this document outlines different response scenarios that should be considered when employees are either exposed to or contract the COVID-19 virus. Considerations include proper cleaning procedures, notifying other employees, leave requirements, OSHA reporting, and Worker’s Compensation issues.
This response checklist is designed to be used in conjunction with the Leave Request Form (see below)
The above analysis, provided by Fine, Boggs, and Perkins LLP, details important information on the Paycheck Protection Program (PPP), including loan forgiveness.
To help businesses understand how the workers’ compensation presumption works, the California Chamber of Commerce and the Mullen & Filippi law firm created a “COVID Claim Presumption Flowchart.”
Fine, Boggs, and Perkins created a document that reviews what Executives and Human Resources should be aware of when it comes to COVID-19 in the workplace.
To provide dealers with specific guidance on online sales, remote work, and home deliveries, CNCDA asked the Arent Fox law firm to prepare a memorandum on this issue.
Fine, Boggs, and Perkins LLP suggests that if you are adjusting your employee’s pay to maximize Paycheck Protection Program (PPP) loan forgiveness, you should consider using the pay plan addendum.
When rehiring employees, it’s critical that employers use a reinstatement agreement that clarifies that the old employment agreements are still in effect. Fine, Boggs, and Perkins LLP created the document above to make it easier for dealers to reinstate their employees effectively.
Dealership Coronavirus FAQs
Operations
How do the state and local orders impact dealership operations?
The following is an outline of the status of in-person and online vehicle sales in California as of December 15, 2021:
Statewide Indoor Mask Mandate Effective December 15.
Monday, December 13, the California Department of Public Health (CDPH) issued an order requiring face masks to be worn indoors in all public settings regardless of vaccination status. The order is effective Wednesday, December 15 through January 15, 2022. This order will apply to both customers and employees at dealerships throughout California.
Importantly, the order exempts certain people from wearing masks, including persons younger than two years old and persons with medical conditions that prevents wearing a mask. You can access the order by clicking here.
Updated Travel Advisory.
CDPH also updated its travel advisory. Notably, the updated advisory now states that persons traveling from out-of-state should get tested 3-5 days after returning. You can access the updated advisory by clicking here.
Dealers must still abide by Cal/OSHA Emergency Temporary Standards, which can be accessed here.
Cal/OSHA has also issued an FAQ on its rules, which you can access by clicking here.
Watch a Recording of the Latest Coronavirus Webinar. In case you missed it, the latest coronavirus compliance is available on CNCDA Comply. You can access it by clicking here.
Please Continue to Contact CNCDA To Report Important Information. CNCDA’s greatest resource is our relationship to our dealer members and the many business leaders and attorneys that serve them. Please do not hesitate to contact CNCDA to report important information, such as examples of how your dealership has helped customers with critical transportation needs, local enforcement actions or legal developments. Such reports should be directed to Brian Maas, President (bmaas@cncda.org) or Anthony Bento, Director of Legal and Regulatory Affairs (abento@cncda.org). And as always, do not hesitate to call us at 916-441-2599, or visit our Dealership Coronavirus Resources webpage at https://www.cncda.org/dealer-coronavirus-resources/.
To add employees to your CNCDA organization roster so they begin receiving these updates, please submit their contact information here.
Health Requirements
Who should I notify when there is workplace exposure to COVID-19?
The rules involving employer notification requirements related to workplace exposure of COVID-19 continue to multiply. To assist your dealership in complying with these requirements, we’ve prepared the following outline:
All employees who may have had COVID-19 exposure and their authorized representatives (e.g., union representatives). (Click here.)
When is notification required? When employees may have been exposed to COVID-19. Exposure may have occurred for employees that shared a work area/common area with the infected individual within 2 days of the infected individual testing positive or developed symptoms.
Deadline to notify? 1 business day.
Independent contractors and other employers present during the high-risk exposure period. (Click here.)
When is notification required? Whenever there is COVID-19 exposure at your dealership.
When is notification required? When there is workplace transmission of COVID-19. Immediate notification required for serious injury/death.
How long to notify? 8 hours (if serious injury/death), recorded on Log 300 (for all COVID-19 illnesses).
Workers’ Compensation Claims Administrator (See SB 1159; Click here.)
When is notification required? Employee tests positive.
Deadline to notify? 3 business days.
Local Agency Reporting (Santa Clara County) (Click here.)
When is notification required? If your dealership operates in Santa Clara County and there is a positive case of COVID-19 at your dealership.
Deadline to notify: 4 hours.
When reporting this information, you must take care to maintain the confidentiality of the infected employee. You can read more about COVID-19 notification requirements by clicking here.
Employees
What Paid Leave Obligations Do California Dealers Have?
Updated December 22, 2021
SB 95, passed by the legislature in 2021, created an obligation for California employers to provide paid COVID-19 sick leave and the federal American Rescue Plan Act of 2021 (ARP) extended federal tax credits for providing COVID-19 paid sick leave. Both of these laws expired on September 30, 2021.
Despite the expiration of SB 95 and the ARP tax credits, the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS) continue to require employers to provide paid sick leave to employees that cannot work due to COVID-19 exposure or illness, unless the employer can demonstrate that the exposure was not workplace related. The ETS do not provide for paid time off for symptoms related to vaccinations.
Cal/OSHA maintains an ETS FAQ that details employer obligations regarding COVID-19 paid sick leave. You can access the FAQ here.
I need assistance on employment issues. Where should I go?
The Fine, Boggs, and Perkins LLP firm has developed new FAQs and other documents, which assist dealers on critical questions involving coronavirus related matters, including the new federal leave law and recent changes to layoff procedures under the sate WARN Act. You can receive copies of these resources on the legal updates potion of their website.
Cal/OSHA maintains an FAQ that details employer obligations under its COVID-19 Prevention Emergency Temporary Standards (ETS). You can access the FAQ here.
Governor Newsom also signed an executive order creating a workers’ compensation presumption that makes it much easier for employees to qualify for benefits if they test positive for COVID-19. To help businesses understand how this presumption works, the California Chamber of Commerce and the Mullen & Filippi law firm created a “COVID Claim Presumption Flowchart.” You can access the chart by clicking here.
The US Department of Labor’s (DOL) website contains various helpful resources on the Families First Coronavirus Response Act (FFCRA), including a Q&A page and a downloadable poster (which employers are required to post under the law). You can access the DOL’s website here.
CNCDA dealer members can also contact Fine, Boggs, and Perkins LLP free of charge as a CNCDA member benefit. Their contact information is: (650) 712-8908 (Half Moon Bay Office) (858) 451-1240 (San Diego Office) (562) 366-0861 (Long Beach Office)
Government Benefits
Why Should I Consult My Tax Professional Before Claiming the Employee Retention Credit?
Updated February 12, 2021
The Taxpayer Certainty and Disaster Tax Relief Act of 2020 made a number of changes to the employee retention tax credits previously made available under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), including modifying and extending the Employee Retention Credit (ERC), for six months through June 30, 2021.
Another significant change provides that retroactive to March 27, 2020, employers who received Paycheck Protection Program (PPP) loans may now potentially claim the ERC for qualified wages that are not treated as payroll costs in obtaining forgiveness of the PPP loan. As a result, many businesses (including dealerships) that received PPP loans are evaluating whether they may now qualify for the ERC.
Two tests determine whether a business is eligible for the ERC. The first test requires a business to show a 50% decline in gross receipts during a calendar quarter in 2020 (or a 20% decline in 2021) when compared to 2019. The second test evaluates whether there has been a full or partial suspension of business operations due to a state or local COVID-19 health order.
Several dealers have contacted CNCDA about whether the recent state and local orders restricting occupancy at dealerships could constitute a “partial suspension” of business operations, which would potentially qualify the dealership to claim the ERC. Although the IRS continues to update its FAQ on this topic, it appears unlikely that an occupancy limitation alone qualifies a business to claim the ERC. You can access the IRS’s FAQ on this topic by clicking here.
If your dealership is considering claiming the ERC, please consult an experienced tax professional. CNCDA members should also note that this topic will be discussed in detail in our upcoming webinar with DHG on March 3. You can register for this webinar here.
A Note About Completing Your PPP Loan Forgiveness Application.
We received several inquiries from dealerships throughout California on when dealerships had “been ordered to shut down by a state or local authority due to COVID-19.” This question is important for dealers that are completing their PPP loan forgiveness application.
In-store dealership vehicle sales operations were arguably shutdown throughout California from March 19, 2020 through April 17, 2020. California’s statewide order issued on March 19, 2020 directed everyone to stay at home that was not needed to maintain “continuity of operations of the federal critical infrastructure sectors” as outlined in the federal Cybersecurity & Infrastructure Security Agency (CISA) documentation. (click here) “Auto sales” was not included in the CISA guidance until version 3.0 of the guidance was issued on April 17. As such, dealerships statewide were likely subject to a partial shutdown order from March 19 through April 17. Moreover, various local jurisdictions adopted more restrictive orders, including Los Angeles County, various Bay Area counties, and Fresno County.
Accounting/Taxes
I need assistance on taxation and/or accounting issues. Where should I go?
A variety of programs have been launched by government agencies to allow businesses to delay tax obligations due to the coronavirus crisis. This allows businesses to retain cash on hand in the near term.
The IRS has a special page on coronavirus tax relief.
I need assistance on vehicle registration or related issues. Where should I go?
For those dealers who are continue to make limited sales, processing registration and titles remains an essential dealership function consistent with the Governor’s order. Dealers should closely monitor their registration operations to ensure they retain enough personnel to properly process transactions. DMVDesk/Vitu is also available to answer dealership questions and meet all their needs, regardless of whether or not they are DMVDesk/Vitu clients.
How should salespersons renew their licenses during this crisis?
During this crisis, DMV has confirmed with CNCDA that salesperson renewals can be submitted via mail to the following address:
For mail deliveries: Occupational Licensing Section P.O. Box MS L224 Sacramento, CA 94232-3420
For courier deliveries only (No Public Access) Occupational Licensing Section 8243 Demetre Ave Sacramento, CA 95828
CNCDA Assistance
What is CNCDA doing to help dealers during this crisis?
CNCDA began remote operations on Tuesday, March 17, 2020. Since this time, CNCDA staff has been in continuous contact with local and state officials on issues involving coronavirus and your business. Our legal hotline (916-441-2599) continues to operate and staff is fully accessible by phone or email. And we are continuously developing compliance resources (such as this website and daily alerts) to help our members during this difficult time.
I’d like to access your webinar recordings. Where should I go?
Click here to access the Coronavirus Laws and Your Dealership webinar recordings.
Is your dealership contributing to your local community during this time of difficulty? Let us know!
If you or other dealerships are involved in positive community efforts during this global pandemic, please share with CNCDA so we can continue to pass along acts of kindness taking place throughout our great state in this time of crisis. Send stories to Brian Maas, President at bmaas@cncda.org.
