June 21, 2016

TITLE SPONSOR OF THE
2016 CHARITY PREVIEW PARTY

IN THIS ISSUE

SPECIAL ANNOUNCEMENTS

You're Invited! NextGen Presentation Rutt Bridges

NEW Colorado Dealer Compliance Guide and Educational Seminar

SAVE THE DATE: CADA Annual Member Golf Event

Golf Event Sponsorship Opportunities

If You Missed the April 12 Webinar on the New Damage Disclosure Rule, it is Now Available for Purchase On-Demand

Thank You to This Year's Sponsors of the Innovative Dealer Summit

Thank You to Our Sponsors of the 8th Annual Charity Preview Party

 

UPCOMING SEMINARS & EVENTS

Colorado Dealer Compliance Guide Rollout and Educational Seminar

CADA Annual Member Golf Event

2016 ACA Basics - Now on Demand!

All Seminars & Events

 

a DEALER NEWS & INFORMATION

Automotive News Best Practices

Clear The Air Foundation 60 Second Video

Auto Industry News at a Glance

 

REGULATORY & LEGAL UPDATES

Supreme Court Issues Pro-Dealer Opinion in Service Writer Overtime Case

July 1st Sales / Use Tax Rate Changes

 

ENDORSED PROVIDER

Federated Insurance: Auto Dealer Claim of the Month

UniFirst... The Nation's Preferred Auto Uniform Supplier

 

ALLIED MEMBERS / ANNUAL MEMBER GOLF EVENT SPONSORSHIP ADS

Thank you to the Sponsors of the 11th Annual CADA Member Golf Event


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

Anthony Brownlee, Land Rover Denver, recognized for serving on State of Colorado Motor Vehicle Dealer Board

For Andre van Hall, Now Blind, A Chance To Ride The Rockies Once Again

Let Us Know About 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.
________

American Fidelity Assurance Company
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.dealertrack.com

Dealertrack Technologies
 
- Dealer Management System (DMS)

________

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
________

www.business.officedepot.com  

Office Supplies
________

www.unifirst.com

Uniforms / Standard Workwear
________

www.wfis.wellsfargo.com

Workers compensation insurance services

 


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


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


YOU'RE INVITED! NEXTGEN PRESENTATION BY RUTT BRIDGES

NEW COLORADO DEALER COMPLIANCE GUIDE AND EDUCATIONAL SEMINAR

Loveland's Wednesday, June 22 seminar TIME CHANGE

CLICK HERE to register online!

CLICK HERE for a PDF form you can download and return

SAVE THE DATE! CADA ANNUAL MEMBER GOLF EVENT

CLICK HERE to register online!

GOLF EVENT SPONSORSHIP OPPORTUNITIES



THANK YOU TO OUR SPONSORS OF THE 8TH ANNUAL CHARITY PREVIEW PARTY

THANK YOU TO THIS YEAR'S SPONSORS OF THE INNOVATIVE DEALER SUMMIT


CHECK OUT CADA'S BLOGS

The 102” is the Colorado Automobile Dealers Association's blog featuring the Chair's Column, written by 2016 CADA Chair Fletcher Flower, printed in The Bulletin, CADA's monthly print publication.

CADA also recently unveiled a new events and updates blog, which you can follow by clicking here.


* * * * * * * *

CLEAR THE AIR FOUNDATION 60 SECOND VIDEO


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.


SUPREME COURT ISSUES PRO-DEALER OPINION IN SERVICE WRITER OVERTIME CASE
NADA 60-second Email - June 20, 2016

The Supreme Court today issued an opinion in Encino Motorcars v. Navarro vacating a 2015 Ninth Circuit Court of Appeals decision that had held that dealership "service writers" are not covered by the federal "salesmen" exemption from overtime pay. In doing so, the Supreme Court expressly rejected a 2011 U.S. Department of Labor (DOL) interpretative regulation that service writers/advisors are not "salesmen" exempt from overtime. In particular, the Court faulted DOL for failing to give adequate weight to dealerships' reliance interests during the rulemaking process, and for failing to provide a "reasoned explanation" for the abrupt change of policy. The Supreme Court's decision requires the Ninth Circuit to reconsider its prior decision consistent with the language of the Fair Labor Standards Act (FLSA) without giving "controlling weight" to the DOL's 2011 regulation.

In March 2015 the federal Ninth Circuit Court of Appeals ruled that service writers are not exempt from overtime as "salesmen." That decision was based on the Ninth Circuit's conclusion that preamble language found in a 2011 DOL rulemaking constituted an interpretation of the FLSA entitled to legal deference. Together with the state dealer associations covered by the Ninth Circuit, NADA filed an amicus brief in support of a certiorari petition with the U.S. Supreme Court. The Supreme Court granted "cert" in January and heard oral argument in April. Former Solicitor General Paul Clement expertly (and successfully) argued on behalf of the petitioner with NADA's amicus brief being cited several times during the argument and in the opinion itself.

Unless exempt, employees are generally entitled to an overtime pay premium for all hours worked over 40 in a workweek. Congress amended the FLSA in 1966 to exempt dealership "salesmen, partsmen, and mechanics" from the federal overtime pay entitlement. Soon after, the DOL issued a rule narrowly interpreting the statute to exclude service advisors. In 1973, the Fifth Circuit rendered the first of several uncontroverted federal court decisions spanning three Circuits finding the DOL's rule to be unduly restrictive and holding that service advisors do fall within the statutory overtime exemption. In 1978, the DOL issued a letter opinion, consistent with the case law, stating that service advisors are exempt from overtime as "salesmen." In that letter and elsewhere, the DOL stated an intent to amend its rules consistent with the case law, which it proposed to do in 2008. But in 2011 the Obama Administration issued a rule purporting to reverse its 1978 position that service writers, service advisors, service manag­ers and service salesmen employed by car and truck dealers are exempt from overtime, an attempt the Supreme Court has now soundly rejected.

* * * * * * * *

JULY 1ST SALES / USE TAX RATE CHANGES

The state Department of Revenue – Division of Taxation posts sales and use tax changes prior to January 1st and July 1st each year.  Dealerships should be aware of these changes and be on the lookout to ensure the tax database being utilized reflects these changes.  There may be a time-lag between the effective date and the update of these data sources.  

CLICK HERE for a listing of July 1, 2016 Sales Tax Rate Changes on the state web site.

CLICK HERE for a downloadable PDF summarizing the changes. 

* * * * * * * *

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.


Event Description
Date/Time
Location

NextGen Presentation by Rutt Bridges

Wednesday, June 22
5:00pm – 7:45pm


National Renewable Energy Laboratory (NREL)
15013 W. Denver West Parkway Golden, CO 80401

CLICK HERE for more info.

*Please RSVP by June 15 to Michelle O’Connor at 303.457.5113 or nextgendealers@colorado.auto

Colorado Dealer Compliance Guide Rollout and Educational Seminar

Various dates and locations across Colorado!


CLICK HERE for more info.

Register online!

CADA Annual Member Golf Event

Monday, August 29th


Eisenhower Golf Course
U.S. Air Force Academy

CLICK HERE for more info.

Damage Disclosure Webinar

On-Demand


For more information or to purchase a copy, please contact:
Trainor Walsh
303.457.5115
or e-mail
Trainor.Walsh@colorado.auto

2016 ACA Basics

On-Demand


For more information or to purchase a copy, please contact:
Mary Arambel
303.282.1457
or e-mail
mary.arambel@ coloradodealers.org

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


FEDERATED INSURANCE: AUTO DEALER CLAIM OF THE MONTH

Federated Insurance’s “Claim of the Month” – Could it happen to you?

A dealership gave a loaner vehicle to a customer while the customer’s personal vehicle was being serviced. While driving three friends home from a party, the customer rolled the vehicle. Two passengers died, a third was injured. The deceased passengers’ estates and the injured passenger made valid injury claims against the dealership, because the driver was a permissive user of the loaner vehicle. A loaner agreement was signed, but insurance was not checked. The customer had no insurance.

CLAIM AMOUNT: $4.25 million

What policies are in place to help prevent this from happening at your dealership? Do you know who’s driving your vehicles? Federated recommends several best practices to help protect your business and manage risks; for example,

  • Obtain copies of the customer’s valid driver’s license and proof of insurance.

  • Require the customer to provide proof of liability and physical damage coverage.

  • Examine license and insurance to verify the information matches and neither has expired.

    These are just a few loss control recommendations you can use to help protect your dealership. To learn more, contact your local Federated Mutual Insurance Company representative and request a copy of our “Keys to Success” risk management brochure. Federated is recommended by 19 state and national auto dealer associations just like yours for customized insurance programs and value-added risk management services, such as Federated’s Shield Network®, the Risk Management Resource Center, and the Federated Employment Practices Network®. To discover how Federated can help you create or ramp up your own risk management program, or to find your local representative, click here.

Federated Mutual Insurance Company • Federated Service Insurance Company* • Federated Life Insurance Company Owatonna, Minnesota  55060 • Phone: (507) 455-5200 • www.federatedinsurance.com *Not licensed in the states of NH, NJ, and VT.

This article is for general information regarding risk prevention and should not be considered legal advice. The claim example is only a basis for discussion and illustrates only one possible scenario. Coverage for actual claims will be determined solely by individual policy terms and facts of the claim. The recommendations presented are not guaranteed to reduce or eliminate any risk of loss. Seek qualified counsel regarding questions specific to your circumstances. © 2015 Federated Mutual Insurance Company.

Federated Insurance specializes in general liability/business insurance for selected industries, including auto dealers.  CADA members interested in more information, contact Mike Russell, Senior Account Executive, Cell: 480.216.5445 or mdrussell@fedins.com

* * * * * * * *

UNIFIRST... THE NATION'S PREFERRED AUTO UNIFORM SUPPLIER


 

THANK YOU TO THE SPONSORS OF THE 11TH ANNUAL CADA MEMBER GOLF EVENT


a

ANTHONY BROWNLEE, LAND ROVER DENVER, RECOGNIZED FOR SERVING ON STATE OF COLORADO MOTOR VEHICLE DEALER BOARD



FOR ANDRE VAN HALL, NOW BLIND, A CHANCE TO RIDE THE ROCKIES ONCE AGAIN
Denver Post, June 14

Van Hall went completely blind in 2011, and has Tim Jackson to guide him

Tim Jackson (front) and Andre Van Hall ride their tandem bike during day three of the 31st annual Ride the Rockies on June 14, 2016. Ride the Rockies cyclists rode the Copper Triangle 79 miles through Leadville and the Vail Pass.

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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