May 21, 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 Ruling On Marijuana: Part II - What It Means For Employers

Colorado Civil Unions Act Effective May 1st: Implications For Employers

 

LEGISLATIVE UPDATE

CADA Bill Tracker

 

UPCOMING SEMINARS

Pinnacol 2013 Risk Management Symposiums

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.


Need Acrobat Reader
to view linked
documents?
CLICK HERE for a FREE
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.


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.



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 help guide 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 RULING ON MARIJUANA: PART II - WHAT IT MEANS FOR EMPLOYERS
By Michelle Magruder, Esq., Fairfield and Woods, P.C.

Last week’s article highlighted a recent Colorado case stating that an employer can terminate an employee who tests positive for marijuana, even if the employee has a Colorado issued medical marijuana card.  Part II of that article is included in full below:

WHAT DOES THIS HOLDING MEAN FOR COLORADO EMPLOYERS?
This ruling by the Court of Appeals is good news for Colorado employers. It allows Colorado employers to continue to enforce their anti-drug and alcohol policies without exception. This opinion allows employers to refuse to hire someone who tests positive for marijuana, and to terminate an employee who tests positive for marijuana, regardless of whether the employee has a medical marijuana card. We anticipate this ruling by the Court of Appeals will also apply to the Colorado law allowing the “legal use” of recreational marijuana.

As an employer, you need to insure that you have a written drug and alcohol policy that provides notice to all applicants and employees under what circumstances an applicant or an employee will be tested for drugs and alcohol. Most employers have a drug and alcohol policy which allows for:  preemployment drug testing; testing when there is reasonable suspicion that an employee is under the influence; and allows for testing immediately after an employee is injured on the job.

It is essential that employers consistently enforce its drug and alcohol policy and treat everyone the same under the policy. By doing so, employers should avoid any claims of discrimination or unfair treatment.

Should your company need assistance with drafting or revising a drug or alcohol policy, or if you have any questions concerning the ruling by the Court of Appeals, please contact the employment law attorneys at Fairfield and Woods, Michelle Magruder, Colin Walker, Brent Johnson, Craig Joyce or Craig Johnson at 303-830-2400.

Visit last week’s article for a downloadable copy of the full article and a link to the court opinion.   

KPA Software Can Help Dealers Easily Update and Maintain Signed HR Policies
CADA Endorsed provider KPA offers HR Software that automates HR processes, provides up to the minute compliance information and reporting, and offers on demand advice from labor and employment attorneys - in a simple, easy to use web application. The ability to post company Policies within the software can help dealers maintain electronic signed documentation on state regulations or intercompany guidelines.

Electronic Policy Manuals

  • Handbooks and policy manuals are easily updated
  • Your own customized handbook is posted online with a hyperlinked Table of Contents
  • Never have to print handbooks again
  • Tracks compliance using Overdue Handbook Signing Report and Completed Signing Report along with Automated Alerts

KPA subscription pricing for KPA’s HR Management system starts as low at $198 per month. CADA members receive a 10% discount towards purchase. Click here to request a personalized demo.  or call 866-356-1735.

You may also contact Polly, Penna, Field Services Director, CADA, Polly.penna@coloradodealers.org, Cell: 303.945.6426.

* * * * * * * *

COLORADO CIVIL UNIONS ACT EFFECTIVE MAY 1ST: IMPLICATIONS FOR EMPLOYERS

As most have seen in various media sources, the Colorado Civil Unions act was signed into law and went into effect May 1st.  This new law has numerous implications for employers, and may also necessitate the revision of various employer policies. 

CLICK HERE for a recent article from Mountain States Employers Council May Bulletin.  [Note that all CADA Members will be receiving the full MSEC bulletin along with the May CADA Bulletin].     Key excerpts of this article are below:

The Colorado Civil Unions Act took effect May 1. The law gives parties to civil unions the same benefits, protections, and responsibilities afforded to spouses under Colorado law, including protection from discrimination and equal protection in the court system.

Who can form a civil union? Two adults who are at least 18 years of age and not already parties to another civil union or married and not closely related by blood can form a civil union.

How will this new law affect employers? Changes effective May 1 give parties to civil unions:

  • protection from discrimination under the Colorado Anti- Discrimination Act based on spousal status;
  • workers’ compensation benefits;
  • the right to be treated as a family member or spouse for purposes of unemployment benefits;
  • eligibility for group benefit plans for state employees under the State Employees Group Benefits Act;
  • the right to designation as a beneficiary under the state public employees’ retirement system;\
  • survivor benefits under local government firefighter and police pensions; and
  • family leave benefits (however, see below regarding the federal Family and Medical Leave Act).

The requirements to offer parties to civil unions participation in life insurance plans and fully insured “health coverage plans,” if spouses are offered coverage, are effective for plans issued, delivered, or renewed on or after January 1, 2014What constitutes a “health coverage plan” is not defined, and we are awaiting guidance from the Colorado Division of Insurance.

Does the new law give parties to civil unions rights to leave under federal laws like the Family and Medical Leave Act? . . . As another example, the federal FMLA defines spouse as “husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized. Amendment 43 to Colorado’s Constitution defines marriage as between one man and one woman. As a result, parties to civil unions are not currently eligible for federal FMLA leave. However, if Colorado HB 13-1222* passes, a new state law would be enacted granting leave to parties to civil unions and domestic partners.

*UPDATE:  HB13-1222, the ‘Colorado Family Care Act’ did pass and was signed into law earlier this month.  The Act expands the group of family members that employees can take family leave to care for to include parties to civil unions and domestic partners. The Act will go into effect August 7, 2013 (ninety days after the end of the legislative session).

Look for more details upcoming in the June MSEC Bulletin.

* * * * * * * *

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.



PINNACOL 2013 RISK MANAGEMENT SYMPOSIUMS 

Pinnacol offers free and low-cost training to its policyholders throughout the year. For the fourth year, Pinnacol will be hosting two comprehensive symposiums that offer multiple classes in a consolidated format. These sessions are designed to keep employees safe, return employees to work if they are injured, and provide tips and resources to keep workers’ compensation costs down.

Policyholders are invited to attend these free sessions.  Attendance will count as one class toward your safety group training requirement (two classes per year). 

The symposiums will be held in two convenient locations — Denver and Grand Junction.

June 13-14, 2013
Denver | Inverness Hotel and Conference Center
7 a.m. – 4:15 p.m. (Day 1) | 7 a.m. – 2:45 p.m. (Day 2)
200 Inverness Drive W., Englewood, CO 80112
Deadline:  Register by June 7

June 27, 2013
Grand Junction | Two Rivers Convention Center
7 a.m. – 4:15 p.m.
159 Main Street, Grand Junction, CO 81501
Deadline:  Register by June 21

Contact:  Shawna Ratner, Marketing coordinator, Shawna.ratner@pinnacol.com, 303.361.4788

* * * * * * * *

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

Pinnacol 2013 Risk Management Symposiums



Denver
June 13-14th
Inverness Hotel

Grand Junction
June 27th
Englewood Two Rivers Convention Center


Registration / details:
www.pinnacol.com/employer/training

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

* * * * * * * *



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.



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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