February 26, 2013

TITLE SPONSOR OF THE
2013 CHARITY PREVIEW PARTY

IN THIS ISSUE

a DEALER NEWS & INFORMATION

Auto Industry News at a Glance

 

REGULATORY & LEGAL UPDATES

Company Pays $1.3 Million for Misclassified Independent Contractors

 

LEGISLATIVE UPDATE

CADA Bill Tracker

 

UPCOMING SEMINARS

KPA Weekly Webinar

Upcoming Seminars


CALENDAR OF EVENTS

Innovative Dealer Summit

5th Annual Charity Preview Party

Upcoming Events


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

Subaru of America presents Don and Laurie Hicks with 25th anniversary plaque

Share Your Accomplishmens

 

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.


ONLINE REGISTRATION

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


MEMBERSHIP RESOURCES

CLICK HERE for details on the
Speaker and Educational
Resources
.

CLICK HERE for a list of current
Endorsed Vendors/Programs
.

CLICK HERE for a list of current
Allied Members
.

CLICK HERE for an order form for
CADA forms
.

CLICK HERE for information on all member services.



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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Monday to Thursday, 7 a.m. to 5 p.m.
Friday, 7 a.m. to 4 p.m.

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or suggestions
regarding this
e-newsletter, please
contact Marsha Temple at
marsha.temple@coloradodealers.org

CLICK HERE or scroll to the bottom
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ENDORSED PROVIDER/PROGRAMS

CLICK HERE for information about the
Endorsed Programs
.

Contact Polly Penna at CADA to request more information on any of the programs below: polly.penna@coloradodealers.org

Choosing a CADA endorsed provider supports our work for the Colorado retail vehicle industry.
________

www.afadvantage.com

Supplemental Employee Benefits
________

www.americanexpress.com

a Corporate Card - Rewards Program
________



www.bradfordpublishing.com

Dealer Retail Installment Sales Contract (“Rocky Mountain Bank Note”)
________

a

www.federatedinsurance.com

a General Liability
________

www.incom-direct.com

Merchant Transaction Processing
________

http://www.kpaonline.com/

HR Management & Online Compliance

Environmental / Health & Safety Compliance
________

www.lbtelecom.net

Telecommunications
________

https://www.nadart.org/

Retirement plan management
________

www.business.officedepot.com  

Office Supplies
________

www.siegeloil.com

Oil, Lubricants, Service Chemicals & Reconditioning Products
________

www.unifirst.com

Uniforms / Standard Workwear
________


www.pinnacol.com

Workers Compensation


 

 


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CADA Open Road is now beginning its sixth year of service, providing uninterrupted weekly news and information for Colorado automotive professionals to better compete in our industry, since January 3, 2007.


a


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.




COMPANY PAYS $1.3 MILLION FOR MISCLASSIFIED INDEPENDENT CONTRACTORS
by Tina Harkness, MSEC Hot Topics, February 18, 2013

The world’s largest directory assistance provider, kgb USA Inc., has agreed to pay $1.3 million in back pay to 14,658 workers it misclassified as independent contractors. 

The workers were hired to respond to text messages from customers. The workers were paid a piece rate based on the number of text messages and inquiries they answered regardless of the number of hours they worked.  In some cases, this resulted in the workers making less than the federal minimum wage of $7.25 per hour.  

An investigation by the U.S. Department of Labor (DOL) revealed the misclassification and recordkeeping violations. In addition to paying back pay, kgb also agreed that it would not classify any worker as an independent contractor going forward unless it was certain that status was proper.

Ferreting out independent contractor misclassifications remains a priority for the DOL and other federal and state agencies. States (e.g., Colorado) may impose additional penalties for misclassification.  Contact MSEC to make sure that your independent contractor classifications are correct and see our FYI Independent Contractors – Overview for more information.  [NOTE:  MSEC login access required.  Part of CADA Membership includes basic level support with Mountain States Employers Council, which specializes in employment law. CADA members may contact MSEC directly and identify as CADA a member – after verification of current membership, assistance can be obtained by direct referral to an attorney and access to their web site for various publications].  MSEC phone numbers:

  • Denver 303.839.5177 | toll free: 800.884.1328
  • Southern Colorado Regional Office 719.667.0677 | toll free 800.884.1328
  • Northern Colorado Regional Office 970.223.4107 | toll free 800.884.1328

Colorado-specific requirements:
From CADA Open Road, April 13, 2010, Independent Contractors: Be Careful of Employee Misclassification

Colorado Law provides the criteria for when an employee can be considered an independent contractor, and contains nine factors used in evaluating whether a worker is properly classified. Last year, the Colorado legislature increased penalties for the misclassification of independent contractors (HB09-1310). There are now substantial fines and other penalty risks to employers that misclassify an employee as a contractor. The fine for the first willful violation is up to $5,000 for each misclassified employee and up to $25,000 for additional employees. The fines and penalties are primarily aimed at ensuring that employers pay appropriate taxes to the state for unemployment and workers compensation.

See the guest article below for more guidance on this topic:
HOW TO DETERMINE WHETHER A WORKER IS AN EMPLOYEE OR AN INDEPENDENT CONTRACTOR
By Michelle R. Magruder, Esq.

Other prior Open Road articles on this topic:

December 13, 2011

Press Release: US Labor Dept., Colorado Dept, of Labor and Employment Partner on Misclassification of Employees as Independent Contractors

October 25, 2011

Employee vs. Independent Contractor?  (NADA Alert, links to DOL and IRS fact sheets regarding ‘level of control’)


* * * * * * * *

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

Tammi McCoy, VP, tammi.mccoy@coloradodealers.org, 303.282.1449

Tim Jackson, President, tim.jackson@coloradodealers.org, 303.282.1448

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

* * * * * * * *



CADA BILL TRACKER


Follow the Colorado Auto Dealers Bill Tracker HERE!

* * * * * * * *



KPA WEEKLY WEBINAR: 
Covers an Environment & Safety or an HR topic each week

Every Thursday

10:00-11:00am (MST)

CLICK HERE for upcoming topics and to register!

Previously recorded webinars are also available at the above link.

aa

* * * * * * * *

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

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

KPA Weekly Webinar

Covers an Environment & Safety or an HR topic each week


Every Thursday  

10:00-11:00am (MST)


CLICK HERE for upcoming topics and to register!

Previously recorded webinars are also available at the above link.

If you have a particular area of interest or would like to suggest a training seminar topic, please contact Marsha Temple at 303.457.5123 or marsha.temple@coloradodealers.org



ABOUT THE INNOVATIVE DEALER SUMMIT:

The Innovative Dealer Summit has become the definitive management education forum for dealer principals and senior dealer managers and addresses the most pressing sales, profitability, technology, best practices, social media and other emerging issues in dealership operations today.

Who Should Attend?
Dealer principals/owners, general managers, senior dealership managers & directors, Internet sales managers, business development managers, F&I managers, key dealership leaders, sales leadership, advertising and marketing consultants, controllers, and other key decision makers.

Why Attend?
The Innovative Dealer Summit is the most timely and important leadership function you'll attend this year.  The best and the brightest in their fields of expertise have competed to present in Denver.  Learn the latest in innovative technologies and emerging Internet strategies regarding SEO-SEM, dealer reputation management, social media marketing, lead generation and follow-up, inventory management and more!  In addition to gaining critical industry insight, the Innovative Dealer Summit is also the perfect venue to learn from the best automotive Internet marketing experts in the country and network with colleagues and peers.

Plus You'll Learn How To:
~ Ramp up sales ~ Enhance brand reputation ~ Increase service and parts profit ~ Improve customer satisfaction index
~ Maximize customer relations management ~ Reduce operational costs and cut waste ~ Improve your bottom line




Event Description
Date/Time
Location

Innovative Dealer Summit



Tuesday, March 19th, 2013
8:00am - 6:30pm

Wednesday, March 20, 2013
8:00am - 1:30pm

 

Colorado Convention Center
Home of the Denver Auto Show & Charity Preview Party
700 14th Street
Denver, Colorado  80202 

CLICK HERE for registration and information!

SAVE THE DATE

5th Annual Charity Preview Party



Tuesday, March 19th, 2013

7:00pm -10:00pm

 

Denver Auto Show
Colorado Convention Center
700 14th St.
Denver, CO 80202

CLICK HERE for tickets and information!




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.



ALL THE NEWS THAT'S FIT TO EMAIL!

  • The New Car Radio? Spotify And Ford Hook Up To Launch Voice-Activated Music Streaming
    Forbes, February 25
    In pursuing its dream of making all the world’s music available to everyone, Spotify has been working some big partnerships. In 2011 it was Facebook. This year, it’s Ford.
  • Michigan gas prices fall 8 cents from last week
    Detroit Free Press, February 25
    AAA Michigan says gasoline prices have fallen 8 cents during the past week to a statewide average of about $3.83 per gallon.
  • Acura comes roaring back with NSX supercar
    NBC News, February 23
    These days, it’s common for automakers to display “concept cars” on the auto show circuit that are thinly disguised versions of upcoming production models – like the MDX Acura introduced at the Detroit Auto Show last month.
  • 2013 Jeep Grand Cherokee SRT8 review notes
    Auto Week, February 25
    I actually had to work to keep the speed down in the 2013 Jeep Grand Cherokee SRT8 because just a little pressure on the throttle shot me up 10 mph more -- that’s a good problem. And that throaty exhaust note only adds to the thrill.
  • GM to Wire Cars With 4G, Putting Web in Dashboard
    The Wall Street Journal, February 24
    General Motors Co. is escalating the battle over in-car connectivity with a plan to transform its vehicles into virtual smartphones armed with the fastest data speeds in the market.

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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