JULY 19, 2011

IN THIS ISSUE

DEALER NEWS & INFORMATION

Auto Industry News at a Glance

 

REGULATORY & LEGAL UPDATES

New Adverse Action Notice Disclolsures Effective July 21

Medical Marijuana Not Legal Says Colorado Court

 

UPCOMING SEMINARS

Upcoming Seminars

FREE Webinar: Employee vs. Independent Contractor: How to Tell the Difference


CALENDAR OF EVENTS
Upcoming Events

CADA Annual Golf Event


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

Share Your Accomplishmens

 

ENDORSED VENDOR

CO Dealer Faces OSHA Audit: CADA Endorsed Provider Assists!

 

THE AFTERFACT

All the News That's Fit to Email!


ARCHIVES

CLICK HERE for Open Road
e-newsletter archives.

CLICK HERE for an Index of Regulatory
& Legal Articles
from the Open
Road e-newsletter.

CLICK HERE for Bulletin archives.

CLICK HERE for Colorado Auto
Outlook
archives.

CLICK HERE for Denver Auto
Outlook
archives.


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CLICK HERE to register online
for various CADA seminars & events.


MEMBERSHIP RESOURCES

CLICK HERE for details on the
Speaker and Educational
Resources
.

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Endorsed Vendors/Programs
.

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Allied Members
.

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.

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www.nada.org


www.aiada.org

CLICK HERE for NADA
Regulatory Affairs information
.


STATE GOVERNMENT RESOURCES

CLICK HERE for the Auto Industry
Division
of the Colorado Dept.
of Revenue.

CLICK HERE for the Title and
Registration section
of the
Colorado Dept. of Revenue,
Motor Vehicles Division.

CLICK HERE for the Colorado
Department of Labor &
Employment
website.




Visit us at www.coloradodealers.org.


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Friday, 7 a.m. to 4 p.m.

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Endorsed Vendors/Programs
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 AUTO INDUSTRY NEWS AT A GLANCE

Listed here are several articles pertaining to the
auto industry in general that appeared recently in newspapers and other media outlets across the nation.



…more news articles are included at the end of this issue.




NEW ADVERSE ACTION NOTICE DISCLOSURES EFFECTIVE JULY 21

Both DealerTrack and RouteOne have indicated they will have solutions in place (for no charge) for dealers covering the new requirements by July 21st.  However, there are still specifics of when to provide and who must receive copies that dealers must understand to implement correctly.

NADA Publication Now Available:
A provision in last year's financial reform law requires dealers and other creditors who use a credit score in taking adverse action — such as a credit turn-down — to include new credit score disclosures in their adverse action notices beginning July 21.

NADA’s publication, A Dealer Guide to Adverse Action Notices has been updated to reflect the new requirements, and is now available online exclusively through NADA University's Resource Toolbox.
 
A Dealer Guide to Adverse Action Notices explains when dealers must issue an adverse action notice, what the notice must say, when dealers can rely on a finance source’s notice, and other important issues. This guide utilizes numerous scenarios to aid understanding and includes a flow chart, sample notices, and other tools to assist dealers with compliance.
 
To download the guide, sign in or sign up for NADA University. Select Resource Toolbox, then "Driven." The guide can be found under "Legal/Regulatory." In addition, dealers can review a short video on the topic.
 
All Driven guides are available at no cost to NADA and ATD members, and others may purchase the guides for a nominal charge. Members must sign in to access these guides. For assistance, contact NADA University Customer Service at (800) 557-6232.
Visit the January 5, 2011 issue of Open Road for the prior alert and summary of the new requirements.  

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MEDICAL MARIJUANA NOT LEGAL SAYS COLORADO COURT
Mountain States Employers Council (MSEC) Hot Topics, July 4, 2011

The El Paso County District Court has ruled that using medical marijuana is not “lawful” protected behavior under Colorado’s legal off-duty activities statute. Hall v. Direct Checks Unlimited (El Paso Cty Dist. Ct. June 27, 2011).

Direct Checks Unlimited terminated Drew Hall when his urinalysis came back positive for marijuana metabolites. Hall sued, arguing his use of medical marijuana was protected under a Colorado statute that makes it illegal for an employer to terminate an employee for engaging in legal activity outside of work. CRS § 24-32-402.5.

“This issue revolves completely around the lawfulness of medicinal marijuana in Colorado,” wrote Judge Thomas K. Kane, acknowledging that marijuana has been decriminalized for those complying with Colorado’s regulatory framework. However, the plain language of the Colorado Constitution, which refers repeatedly to exceptions from criminal prosecution and not legalization, led Judge Kane to conclude that medical marijuana is not truly “legal” in Colorado, even for those allowed to use it.

“Although the Colorado Legislature has decriminalized use of medicinal marijuana, the court finds that the Colorado Lawful Activities Act does not encompass decriminalized behavior,” wrote Judge Kane. “Therefore, it is the court’s conclusion that use of medicinal marijuana is not protected under Colorado’s Lawful Activities Act.”

“This has been the Council’s position for the last two years,” says MSEC attorney Curtis Graves. “The Colorado Court of Appeals is addressing the same issue in another case, and we are hopeful it will adopt reasoning similar to Judge Kane’s.”

A reminder that all CADA members receive a basic-level membership with MSEC.  More information available at: http://www.coloradodealers.org/mem_employmentlaw_hr.php

* * * * * * * *

If you have questions on any legal or regulatory topic, please contact:

DISCLAIMER: CADA is not authorized to dispense legal advice.The information contained in this weekly email is intended to provide important updates and reminders regarding statutes, litigation, and regulations. CADA always advises that dealers should consult legal counsel on the specifics of any laws or regulations to ensure proper compliance


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FREE WEBINAR: EMPLOYEE VS. INDEPENDENT CONTRACTOR: HOW TO TELL THE DIFFERENCE
Make sure you are following the law when evaluating Employees vs. Independent Contractors

Using independent contractors can provide flexibility, project or task specific expertise, and significant cost savings for your business; if they really are independent contractors. In this webinar learn how to determine employee vs. independent contractor, appropriate documentation and best practices for managing independent contractors for optimal productivity without moving them to the official employee classification.

Presented by John Boggs

The managing partner of Fine, Boggs and Perkins LLP. John is along-time attorney focusing on employment law representing dealerships. Asignificant portion of his practice involves dealer-related issues. He isintimately familiar with the special issues dealers face when it comes to laborand employment issues.    

Thursday July 21, 2011
10:00am - 11:00am Mountain

Register Online!

* * * * * * * *

aTO REGISTER ONLINE FOR ANY CADA
SEMINAR OR EVENT, PLEASE VISIT:

www.coloradodealers.org/registration
Event Description
Date/Time
Location

FREE WEBINAR: Employee vs. Independent Contractor:  How to Tell the Difference


Thursday, July 21
10:00am - 11:00am

Register Online!

If you have a particular area of interest or would like to suggest a training seminar topic, please contact Lauren Stadler at 303.457.5123 or lauren.stadler@coloradodealers.org



Event Description
Date/Time
Location

CADA
Annual Golf Event



Monday, September 12, 2011

Usually a 12:00pm Shotgun Start


Green Gables Country Club
6800 West Jewell Avenue
Denver, 80232

Registration coming soon!




LET US KNOW ABOUT YOUR ACCOMPLISHMENTS!

Have you or anyone else at your dealership won an award recently? Have you or your dealership provided any outstanding community service? We want to recognize such accomplishments. Please send us a brief write-up of the award or event along with any other information to milestones@coloradodealers.org. Also include your contact information for further follow-up.



CO DEALER FACES OSHA AUDIT: CADA ENDORSED PROVIDER ASSISTS!
How an OSHA Visit Could Affect Your Dealership
Customer success story!

“It is extremely difficult to keep up with federal environmental, health and safety regulations. It’s not that anyone purposely disregardsregulatory mandates or wants an employee to get injured. It’s just incredibly time consuming on a daily basis,” explains Brian Pickle after an unscheduled OSHA inspection. Brian Pickle is the Service Director at the Spradley-Barr dealership in Fort Collins, Colorado. His experience with the inspection led his management team to a more comprehensive, less burdensome, and more cost effective approach to regulatory compliance.

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An OSHA inspection, like a pop quiz, is not scheduled or planned. Inspectors arrive and review the business’s ability to control safety standards, look for evidence of what and how management communicates safety with employees, the systems the business implements and oversees, and the value that the entity places on safety with respect to other objectives such as profits.

CLICK HERE to read the entire testimonial!


THE AFTERFACT


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Colorado Automobile Dealers Association
290 East Speer Boulevard Denver, CO 80203
Telephone: 303.831.1722 | Facsimile: 303.831.4205
www.coloradodealers.org