CADA Open Road eNewsletter

January 2008 marks the First Anniversary of the Open Road e-newsletter.
We hope you have enjoyed it this past year and will continue to gain
valuable information from it in 2008. Please feel free to tell others
about it as well and have them to sign up for weekly distribution
by sending them to the following registration page.

AUTOMOTIVE NEWS AT A GLANCE

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

Say no to clunkers
Rocky Mountain News, Dec. 28
A group representing Colorado auto dealers is starting a nonprofit to get old cars off the road. With $250,000 in seed money and a hope of cleaning the air, they're . . . saying no to clunkers.

Colorado auto dealers, resisting the idea of tougher emissions standards for new cars, want to shift the focus to the old clunkers responsible for much of the pollution.

High-emitting vehicles are the key
Rocky Mountain News, Dec. 29

"We want to take not just hundreds or thousands but tens of thousands of cars
off the road over time."

Those are bold words from Tim Jackson, president of the Colorado Automotive Dealers Association, who spoke to us Friday about his group's plan to target old, high-polluting vehicles through a new nonprofit foundation.

The fight over emissions standards
Rocky Mountain News, Dec. 30
Environmental activists and sympathetic public officials were naturally upset by the decision in Washington the other day to reject California's "clean car" law. No surprise there. After all, more than dozen other states, including Colorado, supported California's effort to tighten emission rules for new motor vehicles with the intent to cut greenhouse gas emissions.
GM electric car takes off on You Tube
The Detroit News, Dec. 29
More than eight years after discontinuing the now-notorious EV1 electric car, General Motors Corp.'s quirky little ride just won't go away.

Fans of the EV1 still haven't forgiven GM for halting the electric car program -- and destroying most of the cars -- in 1999. That decision inspired the documentary, "Who Killed the Electric Car."

Back to Basics: Neo-federalism a return to founding principles
The Colorado Spring Gazette, Dec. 28
We see nothing wrong with states being able to set clean water or air standards that differ from those set by the federal government, with a few non-negotiable conditions. States should be given freedom to approve lower than-federal standards as well as higher-than-federal standards. They should be denied any future federal assistance related to any adverse economic impacts that result from reckless regulating, leaving them to shoulder any consequences. And, finally, they should be prevented by law from using their clout as consumer markets to coerce other states into meeting their standards, as California and a number of other states (possibly to be joined by Colorado) are attempting to do with auto emissions.
Cobo readies for car show
New floor plan adds more space for automakers' displays, aisle for the expected 700,000 visitors.
The Detroit News, Dec. 31
With less than two weeks until Cobo Center opens its doors to the world's automotive press, work crews are making their final push to ready scores of displays for the 2008 North American International Auto Show.

This year, several automakers will have all-new or expanded displays. One brand -- Germany's Porsche -- has pulled out of the Detroit show, but the sports car company's departure has created more room for the rest of the automakers, many of whom still complain they cannot get enough space.

CADA forwards news articles and opinion columns of interest through Open Road
to inform members of current events. These in no way reflect the views, opinions,
and/or positions of CADA or its member dealers. They are sent for informational
and educational purposes only.

What we can expect in 2008 from the state house

Colorado auto dealers have been the target of several prospective legislative proposals that will intertwine among the healthcare, transportation and environment issues which will likely assume a good portion of the legislative agenda at the state capitol this year.

CLICK HERE to read more about expectations for the 2008 legislature.

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If you have questions on any legislative topic, please contact:

Nancy Burke, Vice President - Public Policy and Communications, nancy.burke@cadaonline.org, 303.457.5115

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

OSHA CLARIFIES (pERSONAL pROTECTIVE eQUIPMENT) ppe rEQUIREMENTS

The Occupational Safety and Health Administration has issued a rule clarifying employer and employee responsibilities for the payment of personal protective equipment (PPE). The rule:

1. Mandates that dealerships pay for most PPE required by OSHA's standards and creates a clear and consistent policy to reduce confusion regarding what dealerships need not pay for.

2. Creates no new requirements regarding what PPE dealerships must provide to employees. Dealerships need not pay for uniforms, items worn for cleanliness, and other items that are not PPE. They also need not pay for most safety-toe footwear, prescription safety eyewear, everyday clothing, and weather-related gear.

3. States that though dealerships cannot require employees to provide their own PPE, employees who do so are not entitled to reimbursement. On the other hand, dealerships must ensure the adequacy of any employee-provided PPE to protect against workplace hazards.

4. Indicates that dealerships need not pay to replace lost or intentionally damaged PPE.

The rule takes effect Feb.13, 2008, and requires compliance by May 15, 2008.

NADA intends to issue more comprehensive guidance before those dates. In the meantime, more information can be found on the OSHA web site at: www.osha.gov/SLTC/personalprotectiveequipment/index.html.

You may also contact KPA, CADA’s endorsed vendor for environmental and safety compliance services, for more information on this and other related topics:

þ CADA Endorsed Provider

Contact: KPA , Scot Corn

303.228.8772, 303.875.5634 (cell), scorn@kpaonline.com

1380 Forest Park Circle, Suite 140, Lafayette CO 80026

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Colorado Annual Dealers Legal Counsel Lunch and Issues Briefing

Please join us for the annual legal, regulatory and legislative briefing on issues of importance to attorneys representing Colorado automobile Dealers. We have coordinated this year’s Dealers Legal Counsel Briefing session to coincide with Doug Greenhaus of NADA being in Colorado on Thursday, Jan. 3. Please forward the information to your defense counsels or others in your dealership who may be interested.

To attend the event, please return the attached form, simply RSVP by responding to this email, or contact us with any questions.

TIME: 11:30 a.m. – 1:30 p.m.

LOCATION: William D. Barrow Building (CADA Offices)

290 East Speer Blvd

Denver, Colorado 80203

RSVP: rsvp@cadaonline.org or return the flyer from below

CLICK HERE for flyer/registration form.

CLICK HERE for the planned agenda.

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

Tammi McCoy, VP, tammi.mccoy@cadaonline.org, 303.282.1449
Tim Jackson, President, tim.jackson@cadaonline.org, 303.282.1448

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.

top Denver EMPLOYMENT attorney, Todd Fredrickson,
Shares Knowledge throughout The state

Top Ten Blunders Employers Make in Hiring and Firing

CLICK HERE for flyer/registration form.

Practical advice to prevent employment litigation:

Learn to avoid mistakes that often lead to big ticket employment litigation

Learn to address hiring issues head on, such as creating and maintaining sound pre-hire paperwork, complying with federal and state immigration laws, and not falling prey to breach-of-contract lawsuits

Learn to properly handle employment terminations without landing yourself or your business in the middle of a discrimination or wrongful discharge lawsuit

Learn to better manage your employees when dealing with difficult hire and fire issues

Todd Fredrickson, is a shareholder at Otten Johnson in Denver. Specifically, Todd has defended employers against claims of discrimination, harassment, and retaliation based on race, color, religion, sex, national origin, age, and disability. He regularly counsels clients on a spectrum of personnel management issues, with the goal of avoiding litigation altogether. To that end, he advises employers on developing and enforcing proper application and interview policies, employee handbooks, and employment and compensation agreements. Todd also counsels employers on compliance with federal and state wage and hour laws. Much of Todd's practice focuses on training supervisors, managers, and other employees on such issues as sexual harassment, discrimination, employee discipline and discharge, and investigation of employee grievances. Todd states that educating clients is one of his favorite aspects of his job, because "In doing so, we truly become part of the client's enterprise."

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