advocacy

Weekly Legislative Update
April 18, 2022

Judge Woodlock Delays Massachusetts Right to Repair Decision, Again

U.S. District Judge Douglas P. Woodlock, the federal judge deciding the fate of the Massachusetts’ expanded automotive “right to repair” law is delaying his long-awaited decision for the fifth time.

In a court filing Judge Woodlock cited “the resurgence of a demanding criminal trial schedule,” the resumption of in-court, nontribal proceedings, and writing responsibilities in other matters as reasons for delay.

Judge Woodlock said he expected to issue a ruling to later than July 1st.

The Alliance for Automotive Innovation filed the lawsuit against Massachusetts Attorney General Maura Healy in November 2020 after voter overwhelmingly approved a ballot measure that revised and expanded the state’s existing right to repair law.

The revised law, known as the “Data Access Law” requires makers of vehicles sold in the state of Massachusetts to equip those vehicles that use telematics systems with a standardized, open-access data platform beginning with the 2022 model year. It also gives vehicle owners and independent repair shops access to real-time information from the telematics, such as crash notifications, remote diagnostics and navigation.

TIA was early supporters of the “Data Access Law.”

Right to Repair remains a top priority for TIA.


DOL to hold Regional Overtime Listening Sessions in May & June - RSVP today

The Department of Labor’s Wage and Hour Division previously announced that it is reviewing the regulations that implement the Fair Labor Standard Act’s minimum wage and overtime exemptions for bona fide executive, administrative, and professional employees.

In the last few months, DOL has held multiple listening sessions, including participating in a Small Business Roundtable with the SBA Office of Advocacy.

DOL has now announced additional virtual Overtime listening sessions for May and June 2022, for both worker and employer stakeholders.

These sessions are organized by region.

To sign up for these listening sessions, please go to this link: https://www.eventbrite.com/o/us-dept-of-labor-wage-and-hour-division-9819560107

We encourage you to participate for the listening session in your region.

In this event notice, the agency seeks stakeholder input on issues such as:

  • the appropriate salary level above which the exemptions for bona fide executive, administrative, or professional employees may apply;
  • the costs and benefits of increasing the salary level to employers and employees, including increasing wages and reducing litigation costs;
  • the best methodology for updating the salary level, and the appropriate frequency of updates;
  • whether other changes to the overtime regulations are warranted.

Last month, TIA attended a Small Business Virtual Roundtable on Upcoming Overtime Regulations. DOL representatives did not present a formal proposal at this time but gathered feedback at the roundtable.

TIA shared with the DOL our concerns with any changes to the overtime rules.

TIA plans to be involved and submitted comments on any proposed changes to the overtime regulations.


Hyundai/Kia Oil Drain Pan Assembly Defect: WE NEED TO HEAR FROM YOU!

Hyundai and Kia have issued an extensive patchwork of recalls and/or TSBs for all the listed models—Theta, Nu & Gamma engines alike—on the subjects of excessive oil consumption and/or rod bearing problems that can ultimately cause engine seizure, including after a rod punctures the engine block.

The discovery of this nearly make-wide defect and the automakers’ attempts to manage it came from studying a bizarre recent trend of mid-interval plug-out claims made by Hyundai and Kia dealerships nationwide in situations where specification parts and torque pressure had been used and could be verified.

There may also be another defect associated with the factory oil drain pan assembly being made of cheap stamped steel and painted so that the factory gasket and plug are painted together onto the pan, thereby camouflaging the gasket and creating a risk of double-gasketing. The factory gasket appears to be a crush washer that must be pried off either the plug or the pan. AMRA has also published a notice on the subject here https://www.motorist.org/special-notice-for-hyundai-kia-drivers/.

We need to collect as many photos of painted together Hyundai/Kia oil drain plug-gasket combinations as possible.

If you have experienced this problem please reach out to us and we will maintain your confidentiality in our research. Reach out at: rlittlefield2@tireindustry.org