May 14, 2013



Online Automotive Platform Sponsor

TITLE SPONSOR OF THE
2013 CHARITY PREVIEW PARTY

IN THIS ISSUE

a SPECIAL ANNOUNCEMENT

NADA's 2013 Dealership Workforce Study In-Progress - Deadline Extended Through June 30, 2013

 

a DEALER NEWS & INFORMATION

Auto Industry News at a Glance

 

REGULATORY & LEGAL UPDATES

Colorado Court of Appeals Rules Employers May Terminate Employees Who Test Positive For Marijuana

NADA Victorious in NLRB Poster Court Challenge

 

LEGISLATIVE UPDATE

CADA Bill Tracker

 

UPCOMING SEMINARS

KPA Weekly Webinar

Upcoming Seminars


CALENDAR OF EVENTS

CADA Annual Member Golf Event

Upcoming Events


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

Share Your Accomplishments

 

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.


CADA Hours of Operation
Monday to Thursday, 7 a.m. to 5 p.m.
Friday, 7 a.m. to 4 p.m.

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CADA STAFF

CLICK HERE for a CADA staff listing


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

CLICK HERE or scroll to the bottom
of this page if you want to be
added or removed from our list.


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to view linked
documents?
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download from Adobe.


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”)
________

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


 

 


If this e-newsletter does not display correctly,
CLICK HERE
to access the web-based version.


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.


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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.



NADA'S 2013 DEALERSHIP WORKFORCE STUDY IN-PROGRESS
www.NADAworkforcestudy.com

Deadline extended through June 30th, 2013!

Curious to know how your dealership’s compensation and benefits package stacks up? Ever stop to analyze your retention and turnover rates as a tool to recruit and retain top talent? That analysis can helpguide development of innovative pay plans, benefits, and business structure adjustments. a

NADA’s 2013 Dealership Workforce Study isn’t the compensation study of yesteryear.  This robust initiative collects data from dealerships across the United States and provides extensive comparative data on dealership position pay averages, hours of operation trends, retention and turnover percentages, as well as health and retirement benefits.

There is no cost to participate! Car and truck dealerships that participate are eligible to receive:     

  • Basic Report – a custom report that presents your dealership’s compensation, benefits, and retention averages compared to the national and regional industry—COMPLIMENTARY!
  • Enhanced Report – a premium custom report that presents your dealership’s compensation, benefits, and retention averages compared to your franchise and local market
  • Industry Report – a comprehensive report with critical economic factors and analysis—COMPLIMENTARY!

It’s easy!a
1.      Go to www.NADAworkforcestudy.com
2.      Enroll using your NADA/ATD Member ID
3.      Complete a simple online survey
4.      Upload your payroll data file securely to our secure site

New for 2013: Dealer Group participation has been simplified and streamlined. Enroll one store and submit survey and payroll data for all dealerships within your group. Instructions are provided on the Workforce Study website.

Finally, this study will provide CADA with vital data and trends to better enable us to impact industry issues on your behalf.

Go to www.NADAworkforcestudy.com to get started. The DEADLINE extended!

Questions? Call CADA at 303.831.1722 or call NADA Customer Service at 800.557.6232.

~
NADA Dealership Workforce Study – Colorado Participants as of May 14, 2013

Berthod Motors Inc

Daniels Long Chevrolet

Dellenbach Motors

Don Massey Cadillac

Gateway Mazda

Glenwood Springs Ford Lincoln

Glenwood Springs Subaru

GO Buick GMC Park Meadows

GO Buick GMC West

GO Chevrolet

GO Chrysler Dodge Jeep RAM Southwest

GO Chrysler Jeep South Broadway

GO Chrysler Jeep West

GO Courtesy Ford

GO Dodge RAM Arapahoe

GO FIAT of North Denver

GO Honda 104th

GO Hyundai Mazda 104th

GO Nissan 104th

GO Nissan Arapahoe

GO Nissan Southwest

GO Subaru Arapahoe

GO Subaru West

GO Toyota Scion Arapahoe

Grand Junction Chrysler Jeep Dodge, Inc

Kuni Honda

Kuni Lexus LLC

Kuni Lexus of Colorado Springs

Land Rover Denver East

Land Rover Highlands Ranch

McCandless Truck Center LLC

Mercedes Benz of Colorado Springs

Mountain States Toyota

Phil Long Audi

Phil Long Ford Chapel Hills

Phil Long Ford Lincoln of Motor City

Phil Long Ford of Denver

Phil Long Hyundai Motor City

Phil Long Hyundai of Chapel Hills

Planet Honda

Planet Hyundai

Pueblo Dodge Chrysler Jeep Ram

Pueblo Toyota Inc

Pueblo Toyota Inc

Ralph Schomp Honda Mini

Schomp BMW

Signature Kia of Colorado Springs

Stapp Interstate Toyota Scion

Suss Buick GMC Truck

The Faricy Boys Chrysler Jeep

Valley Nissan Subaru LLC



COLORADO COURT OF APPEALS RULES EMPLOYERS MAY TERMINATE EMPLOYEES WHO TEST POSITIVE FOR MARIJUANA
By Michelle Magruder, Esq., Fairfield and Woods, P.C.

On April 25, 2013 the Colorado Court of Appeals ruled that an employer can terminate an employee who tests positive for marijuana, even if the employee has a Colorado issued medical marijuana card.  The plaintiff in this case, Brandon Coats is a quadriplegic who was employed by Dish Network LLC.  Mr. Coates has a Colorado issued medical marijuana card.  Mr. Coates was fired after he tested positive for marijuana, which was a violation of Dish Network’s anti-drug policy.

After his termination, Mr. Coates filed suit claiming that his termination violated a Colorado statute known as the Lawful Activities Statute.  That statute prohibits an employer from discharging an employee for “engaging in any lawful activity off the premises of the employer during nonworking hours”.  At the trial court level, Dish Network LLC filed a motion to dismiss Mr. Coates’ case on the grounds that medical marijuana was not a “lawful activity” because such conduct remains illegal under federal law.  The trial court agreed with Dish Network’s argument and dismissed Mr. Coates’ lawsuit.  Mr. Coates appealed to the Colorado Court of Appeals.

In its opinion, the Court noted that at the time Mr. Coates was terminated all marijuana use was prohibited under federal law and remains so today.  The court held that for an activity to be a “lawful activity” under the Lawful Activities Statute, it must be permitted by, and not contrary to, state and federal law.  The court held that because Mr. Coates’ state license for medical marijuana use was at the time of termination, subject to and prohibited by federal law, his use of marijuana was not a “lawful activity” for the purposes of the Lawful Activity Statute.  Therefore, his termination was found to not be in violation of the Lawful Activities Statute and the dismissal of his case by the trial court was affirmed.

. . . continued 


CLICK HERE for the full article. 

CLICK HERE for the court’s opinion.

* * * * * * * *

NADA VICTORIOUS IN NLRB POSTER COURT CHALLENGE
NADA 60-Second Email, 5/8/2013

As a member of the Coalition for a Democratic Workplace (CDW), NADA joins in a victorious federal court decision throwing out the National Labor Relations Board’s (NLRB) mandate that 6 million employers — including dealerships — post notices informing employees of their rights under the National Labor Relations Act. The CDW successfully argued that the NLRB lacked the statutory authority to require the poster. Other parties to the lawsuit included the National Association of Manufacturers, the National Federation of Independent Business, and the U.S. Chamber of Commerce. Bottom line: dealerships do not need to display the poster.   

For a copy of the decision, click here.

The rule which was originally to take effect April 30, 2012 was halted when a DC court of appeals granted an injunction stopping implementation of the new rule until the legal challenge was full heard.  See the prior article, NLRB Poster Implementation Halted, CADA Open Road, 4/24/2012.  

* * * * * * * *

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!

CLICK HERE for a copy of SB13-265.



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.

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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



Event Description
Date/Time
Location

CADA Annual Member Golf Event



Monday, September 9, 2013 Pinehurst Country Club
6255 West Quincy Ave., Denver, CO  80235

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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!


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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