SEPTEMBER 17, 2008

IN THIS ISSUE

DEALER NEWS & INFORMATION

– Automotive News at a Glance

– 2009 NADA Convention Accommodations

LEGISLATIVE UPDATE

– Employers Beware! Four Anti-Business Initiatives are on the Colorado Ballot

REGULATORY & LEGAL UPDATES

– EEOC Employment Poster

– Guest Legal Column: Overview of Dealership Litigation and Legal Trends Across the States

UPCOMING SEMINARS

– TOMORROW! Wage & Hour / Fair Labor Standards Act Half-day Workshop

– TOMORROW! Safety Compliance Seminar

– Chip Thomas Sail to Success Seminar

– Lifeline to Profits Seminar

CALENDAR OF EVENTS
– Upcoming Events
– Fall 2008 Regional Member Briefings

– National Association of Dealer Counsel - Fall Workshop

– Dealer Day at SEMA

DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

–Share Your Accomplishments

DEALER / ALLIED MEMBER HIGHLIGHTS

–TrackWorld - A Dealerrack Customer Event

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.

CLICK HERE for Denver 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

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.

CADA STAFF

CLICK HERE for a CADA staff listing

If you have questions
or suggestions regarding this
e-newsletter, please
contact Lauren Stadler at
lauren.stadler@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 VENDOR/PROGRAMS

CLICK HERE for information about the
Endorsed Vendors/Programs.

If you have trouble viewing any of the links or documents in this e-newsletter, please CLICK HERE to access the web-based version.

AUTOMOTIVE 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.

2009 NADA CONVENTION ACCOMMODATIONS

As you begin receiving your registration materials for the 2009 NADA Convention in New Orleans, we would like to encourage you to consider a few of the properties the CADA events management team scouted on a recent trip to New Orleans.

We would like to recommend to all Colorado dealers the Marriott New Orleans at the Convention Center.  Firstly, you will experience a legendary riverfront, boutique-style hotel located in the Warehouse & Arts District, directly across the street from the Convention Center and within walking distance of the French Quarter.  Secondly, the annual CADA Breakfast will be hosted there on Sunday, January 25th.  The hotel is clean, comfortable and the staff is friendly and efficient.  To learn more about this fantastic property visit http://www.marriott.com/hotels/travel/msymc-new-orleans-marriott-at-the-convention-center/

As a second choice, the CADA events management team recommends the Westin New Orleans Canal Place. Located along the Mississippi River and adjacent to the French Quarter an eight minute walk to the convention center, the Westin makes a wonderful second choice. To learn more about the Westin please visit http://www.starwoodhotels.com/westin/property/overview/index.html?propertyID=1763

EMPLOYERS BEWARE! FOUR ANTI-BUSINESS INITIATIVES ARE ON THE COLORADO BALLOT. YOUR BUSINESS IS THREATENED!! WHAT CAN YOU DO?

Attend a free briefing session to learn what you can do about the ballot initiatives that threaten Colorado's economy.
 
We hope we have your attention!! This year's election is critical to Colorado employers. Our state faces four anti-business, union-sponsored ballot initiatives that will create unprecedented negative changes in the laws governing the Colorado workplace:

• Just cause for suspension or discharge of employees 
• Additional employee lawsuits for workplace injuries
• Mandatory healthcare coverage paid for by employers
• Criminal liability for executive officials

Employers must take immediate action because absentee ballots go out in early October and votes will be cast soon. The Council is offering a free briefing session to support employers who oppose these initiatives. This session will:

• Educate employers on the content of the initiatives and applicable election law. 
• Help employers effectively communicate the reality of these initiatives with their employees.

Where and When: MSEC's Denver office on Monday, September 15 and at MSEC's Colorado Springs office on Tuesday, September 23. A session will be scheduled in Northern Colorado soon. The sessions will run from 9:00 am to 12:00 noon. Seating for these seminars will be limited so register today to reserve your place. 

Who Should Attend: Company executives and managers, business owners, HR professionals and others interested in opposing these initiatives. 

How to Register:
Call:  303.894.6732 or  800.884.1328

E-mail:
registration@msec.org

CLICK HERE to read more about these initiatives at MSEC’s web site.

Additional web sites with more information on these anti-business initiatives:

http://www.nopoisonpills.com

http://www.defendoureconomy.org

EEOC EMPLOYMENT POSTER

EEOC has an updated EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW poster.
(Thanks to Merrily S. Archer of Fisher & Phillips LLP for forwarding)

Copies of this poster can be ordered online free of charge:
EEOC Publications order form

* * * * * * * *

GUEST LEGAL COLUMN: OVERVIEW OF DEALERSHIP LITIGATION AND LEGAL TRENDS ACROSS THE STATES

The CARLAWYER©
By Thomas B. Hudson and Emily Marlow Beck

The courts, the plaintiffs’ lawyers and the Attorneys General never stop, even for summer vacation.  Here’s the latest.

In this feature, we bring you federal and significant state legislative highlights, and a recap of some of the litigation we track every month.  Note that what we report here is not every recent development, but just ones that we think are of particular interest to car dealers.

We include items from other states for two reasons.  First, we want you to be able to see trends, and second, another state’s laws might be a lot like your own state’s laws – if laws are being enacted there, or AGs are pursuing particular types of claims, those laws and claims might be coming soon to your neck of the woods. As always, though, you need to check with your own lawyer before you rely on anything we report or if you have any questions.

CLICK HERE to read the full article.

Tom and Emily are partners in the law firm of Hudson Cook, LLC.  Tom (tbhudson@hudco.com) is the author of a book, CARLAW®, and, with Emily (ebeck@hudco.com), is the Editor/author of the CARLAW® F&I Legal Desk Book.  The books are available at www.counselorlibrary.com.   Tom is also the publisher of Spot Delivery®, a monthly legal newsletter for auto dealers, and the Editor in Chief of CARLAW®, a monthly report of legal developments in all states for the auto finance and leasing industry (not to be confused with the book).  Spot Delivery, CARLAW and the books are produced by CounselorLibrary.com LLC.  For information, call 410-865-5411 or visit www.counselorlibrary.com.  Copyright CounselorLibrary.com 2008, all rights reserved.  Single publication rights only, to the Association. HC# 4833-0990-8226  (8/08).

* * * * * * * *

If you have questions on any legal or regulatory topic, please contact:
Tammi McCoy, Vice President, 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.

---

WAGE & HOUR / FAIR LABOR STANDARDS ACT HALF-DAY WORKSHOP

Wage & Hour / Fair Labor Standards Act
Half-day workshop
TOMORROW!
Thursday, September 18, 2008
8:00 a.m. to 12 Noon
Class action wage and hour lawsuits are now as common
as discrimination lawsuits

Objective:

To provide an analytical framework and working knowledge of the Fair Labor Standards Act (FLSA). Class action wage and hour lawsuits are now as common as discrimination lawsuits. Despite the 2004 revisions to the Fair Labor Standards Act, wage and hour problems continue to perplex employers in every industry. Participants will learn common pitfalls to avoid such as failing to pay overtime to salaried employees who are not exempt or allowing employees to use comp time outside the week when overtime is worked. Most who attend this seminar return to their organization and change one or more pay practices.

Highlights of topics include:

• Coverage and industry exemptions
• Recordkeeping and retention requirements
• Exemptions from overtime: executive, administrative, professional, computer / outside sales
• Calculating overtime for commissioned employees (salespersons), salaried non-exempts, etc.
• Changing status for employees who have been improperly classified as exempts
• Compensable hours of work - travel time, training, preliminary activities
• Compensation included in overtime calculations - bonus payments, shift differentials, etc.
• Colorado wage and hour laws
• Child labor regulations
• DOL investigations and enforcement posture
  

Presented by Jennifer England, Staff attorney with Mountain States Employers Council (MSEC), Employment Law Services Department

CLICK HERE for the Flyer/Registration Form

CLICK HERE TO REGISTER ONLINE

* * * * * * * *

SAFETY COMPLIANCE SEMINAR

TOMORROW! Workplace Safety: New Challenges

New hybrid service safety issues

• Extremely high voltage electrical systems present NEW—and life-threatening— risks to service repair technicians.
• Are you aware of the unique issues your technicians face in servicing hybrids; are your technicians prepared to recognize if/when a damaged hybrid comes to your shop and special precautions that must be taken?

Peter Zaidel, one of the leading experts on hybrid safety, will be addressing safety issues for servicing hybrids.  Peter is an environmental engineer and Product Manager for KPA, a nationally-known environmental, health and safety services company endorsed by CADA.

• Workers compensation new state requirements
• Choice of physician for injured employees and specific notice requirements
• NADA Safety Video showing
  

Keep your employees safe AND reduce costs 
Review the latest compliance changes, presented by CADA endorsed providers: Wells Fargo Insurance Services and KPA

CLICK HERE for more information on this training session.

* * * * * * * *

CHIP THOMAS SAIL TO SUCCESS SEMINAR
By: Chip Thomas
Highly acclaimed CADA Summit speaker returns to Denver
Two one-day sessions so you can send personnel on either day!

Without a doubt, I can honestly say that your “Sail to Success” seminar has reached each member of our sales force, unlike the many sales seminars we have had our sales force attend. You have inspired each team member to…create a customer base. Already I am seeing results.
– Douglas Donnellan, VP/GM–SF Toyota, 4/8/08

Oct. 14-15, 2008
Course offered twice; one-day each

Highlights of topics include:

• Prescription for improvement
• Time management for business results
• Organization and planning
• Customer development
• Effective communication
• Relational marketing
• Customer retention
• Negotiating, overcoming objections   and closing
• Professional and positive habits   creation
• "Role Play" for customer interaction

First Session: Tues., Oct 14
7:45 a.m - 4:30 p.m.
REGISTER ONLINE!

Second Session: Wed., Oct 15
7:45 a.m - 4:30 p.m.
REGISTER ONLINE!

Chip Thomas has received rave reviews providing salesperson training for other auto dealer associations across the U.S. Mark your calendar for this training event that will be offered twice in October.

CLICK HERE for more information on this training session.

LIFELINE TO PROFITS SEMINAR

Thurs., Oct. 16 to Fri., Oct. 17
from 8 a.m. to 5:30 p.m.

In this intensive, two-day workshop, you will go through every aspect of your operation, taking a candid look at your dealership to develop a detailed action plan to implement within your store to achieve your dealership’s full profit potential. You'll leave this hands-on training with answers to the following questions:

The NADA 20 Group program is providing industry-leading trainers to conduct the workshop. Each of the trainers has retail experience and will offer critical insight to help your dealership. You will take home a practical action plan specifically designed for YOUR dealership.

CLICK HERE for more information on this training session.

* * * * * * * *

TO REGISTER ONLINE FOR ANY CADA SEMINAR OR EVENT, PLEASE VISIT: www.coloradodealers.org/registration

Event Description	Date/Time	Location
Wage & Hour / Fair Labor Standards Act Half-day Workshop Presented by Jennifer England, Staff Attorney with Mountain States Employers Council (MSEC), Employment Law Services Department Denver	TOMORROW! Thurs., Sept. 18 8 a.m to 12 Noon Breakfast included	William D. Barrow Building, CADA Offices, 290 East Speer Blvd., Denver 80203 303.831.1722 -Flyer/Registration Form -REGISTER ONLINE
Safety Compliance Seminar Presented by KPA and Wells Fargo Insurance Services Colorado Springs	TOMORROW! Thurs., Sept. 18 Noon to 3 p.m. Lunch included	Antlers Hilton Hotel, 4 South Cascade Ave., Colorado Springs,  80903, 719.955.5600 - Flyer/Registration Form *Colorado Springs dealers should register with CSADA, Ann Winslow, 719.473.1465 or abwinslow@comcast.net
Complying with the New FTC Red Flags Rule NADA Webinar Presented by Bert Rasmussen and Paul Metrey	Tues., Sept. 23 12 Noon to 2pm (MST)	Virtual seminar (web based) -CLICK HERE for information and to register directly with NADA The recommended publication, NADA Dealer Guide to the FTC Red Flags and Address Discrepancy Rules, is available through CADA, contact Lauren Stadler to order
Chip Thomas Sail to Success Seminar Denver	First Session: Tues., Oct 14 7:45 a.m - 4:30 p.m. Second Session: Wed., Oct 15 7:45 a.m - 4:30 p.m.	Doubletree Hotel Denver Tech Center 7801 East Orchard Road, Greenwood Village, CO 80111 303.779.6161 Flyer/Registration Form REGISTER ONLINE for Tuesday! REGISTER ONLINE for Wednesday!
Lifeline to Profits Seminar Denver	Thurs., Oct. 16 to Fri., Oct. 17 8 a.m. to 5:30 p.m. Meals provided for each day	William D. Barrow Building, CADA Offices 290 East Speer Blvd., Denver, 80203 - Flyer/Registration Form - REGISTER ONLINE

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.

ENDORSED / ALLIED MEMBER HIGHLIGHTS
TRACK WORLD - A DEALERTRACK CUSTOMER EVENT

Oct 6-7, 2008 at the Bellagio Hotel and Casino in Las Vegas, Nevada.

Come to TrackWorld and Learn Best Practices from Industry Experts and Receive Free Product Training From DealerTrack.

Registration is Free!

Visit www.dealertrack.com for more information and to register!

* * * * * * *

If you want to be added to our mailing list, please CLICK HERE.

To remove yourself from this list, click on this link.