The Turnrow - Deep South Equipment Dealers Association
Transcription
The Turnrow - Deep South Equipment Dealers Association
2016 Volume Officers and Directors 20, Issue 4 · July / August 2016 The Turnrow VOLUME 20, ISSUE 4 JULY / AUGUST 2016 The President Greg Hollier Turnrow Vice President Leland Morrison Treasurer Jeff Adams Immediate Past President Robert Maddox Executive Vice President Vincent R. Zebeau, Jr. Directors Ryan Abell Jeremy Gantt Patrick Hensgens Todd Huggins Rob Richter Thomas Soileau Josh Vines In This Issue: Joint Conference Photos Business Features Overtime Regulation Information Industry Updates Risk Management Corner Legal Update P.O. Box 1191 | Baton Rouge, LA 70821 | (225) 383-5064 | FAX (225) 383-8581 | [email protected] | www.dseda.org 1 Give life to those you love. Term Life policies starting at $12.98 per month. If tragedy strikes, will your family have what they need? • Home Mortgage Payments • Funeral Expenses • Children’s Education • And more…! We Offer Quality Coverage at Affordable Rates • A-Rated Carrier • 10, 15 or 20-Year Term Coverage Options • Consistent Premiums • Some Policies Convert to Whole or Universal Life For a free, no-obligation estimate call 800.445.7227, ext. 1672 Serving Association Members Since 1959 The Turnrow Volume 20, Issue 4 · July / August 2016 MANAGER’S MESSAGE The Turnrow Volume 20, Issue 4 July / August 2016 Joint Summer Conference Sponsors...................4 EDA Board of Directors Elections......................4 Welcome New Member........................................4 Legal Update: It’s Elementary My Dear Watson - Healthier People Cost Less and Produce More...................................................6 2017 Joint Annual Meeting Save the Date..........8 Industry Updates..................................................10 Ag Braking Requirements for North America: Review Continues Ag Equipment Sales Continue to Struggle Risk Management Corner....................................13 That Pain in Your Wallet Might Be Caused by Insurance Fraud Partners in Training Feature: Right to Repair Legislation Puts Consumers at Risk...........................................14 Feature: ESOPs - A Viable Succession Planning Tool for Today’s Larger Dealers?...16 Joint Summer Conference Photos......................19 2016 LA and MS Scholarships Awarded............25 Business Update: One Key to Running a Great Business..................................................27 Labor Update: Major Changes to the FLSA’s Overtime Regulations to Impact Dealers.....28 Feature: 6 Challenges that Equipment Dealers are Facing Online in 2016.................31 Feature: What Leadership Needs to Know About Sales.......................................................34 Vincent R. Zebeau, Jr. Executive Vice President Information dissemination is probably something that most dealers feel they are overloaded with from various sources, such as television news, internet, radio, newspapers, publications, etc. There is probably some great and useful information that is provided by these various news media outlets, BUT your Deep South Association only focuses on the relevant topics of interest that are industry specific and designed to help our dealers improve their dealership’s profitability and awareness of current issues affecting a dealer’s day to day business operations. At our recent 2016 Joint Summer Conference held on July 17 – 20 at the Hilton Sandestin Beach Golf Resort & Spa in Destin, Florida, dealers in attendance had an opportunity to hear industry experts speak on “Recent Department of Labor Changes to 401(k); Distracted Driving; Fair Labor Standards Act Primer for Dealers; Used Equipment: Market Value & Trends; Impact of Commodity Prices on Equipment Sales; and a Panel Discussion on Managing Used & New Equipment.” All of these topics are issues that occur in the everyday operation of a dealership. The presentation regarding the new FLSA requirements and changes that dealers/employers proved very timely assisting our dealers to familiarize themselves with the new federal overtime regulations/rules before its implementation by December 1, 2016. A synopsis is provided in The Turnrow by the attorneys with Chaffe McCall, LLP who gave an outstanding presentation during the General Session. The Deep South Association and its Board of Directors encourage our dealer members to attend all future Annual Meetings and Conferences to benefit from the educational programs and enjoy an opportunity to mingle with other dealers and industry friends. You will see photos of various dealers and industry friends in this Turnrow publication enjoying fun and fellowship at the Summer Conference. We can assure you that you will understand it is indeed a valuable investment of your time away from your dealership to gain industry specific information regarding current issues affecting the daily operation of your business and the agriculture industry. Please make plans now to attend the 2017 Joint Annual Meeting scheduled for February 12 – 15 at the Ritz-Carlton Hotel in New Orleans, LA that the Deep South Association will serve as the host and will include the 3 of Midwest-SouthEastern and Southern Associations. Come and be part these meetings! The Turnrow Volume 20, Issue 4 · July / August 2016 Thank You 2016 Joint Summer Conference Sponsors Welcome Reception SENTRY INSURANCE Entertainment (Welcome Reception) BASIC SOFTWARE Fishing PrizesFEDERATED INSURANCE Golf PrizesSENTRY INSURANCE Continental Breakfast FEDERATED INSURANCE General Session Speakers FASTLINE PUBLICATIONS JOHN DEERE ASSOCIATION NEWS The Deep South Equipment Dealers Association would especially like to express our sincere gratitude and appreciation to all the 2016 SPONSORS of the 2016 Joint Deep South & Southern Association’sSummer Conference for their continued and gracious Sponsorship whose financial support allows for such an enjoyable Dealer meeting. Farewell ReceptionTRACTOR HOUSE AUCTION TIME Entertainment (Dinner Dance) FAUBOURG PRIVATE WEALTH General SponsorsCDK GLOBAL HEAVY EQUIPMENT DIVERSIFIED FINANCIAL DLL FINANCIAL EQUIPMENT INSURANCE INTERNATIONAL HBS SYSTEMS PARTNERSHIP Mystery MastersDEEP SOUTH & SOUTHERN ASSN. Welcome New Member Board of Directors Elections Later this month, the Equipment Dealers Association will hold elections for three board member positions! New regional board members will be chosen for Canada, Great Lakes and Gulf Coast. On August 18, EDA members in these three regions will receive an email inviting them to cast their vote. Elections will close at the end of August and the new board will be announced in early September. The new board will assume its duties on October 1, 2016. EDA would like to thank the three outgoing board members, Jim Backus (Canada), Mark Laethem (Great Lakes) and Randy Anderson (Gulf Coast) for their dedicated service to the industry and EDA. 4 Join the Deep South Equipment Dealers Association in welcoming our newest member. Chaffe McCall, LLP Sarah Voorhies Myers, Partner Amy L. McIntire, Associate 1100 Poydras St., Suite 2300 New Orleans, LA 70163 office: 504-585-7009 | fax: 504-544-6092 [email protected] [email protected] Service: Employment Law The Turnrow Volume 20, Issue 4 · July / August 2016 ADAPT. GROW. SUCCEED. HELPING SUSTAIN GROWTH SINCE 1979 At Basic Software Systems, we make our software adaptable so you can grow bigger, better and stronger. Our software integrates with your dealership and will take you into the future, lacking nothing. 5 www.basic-software.com | (800) 252-4476 The Turnrow Volume 20, Issue 4 · July / August 2016 It’s Elementary My Dear Watson: HEALTHIER PEOPLE COST LESS AND PRODUCE MORE by Doug Layman, President, Gilsbar Health & Life How often do we spend HOURS AND HOURS trying to think of the next best thing, only to end up back where we started? It’s a frustrating cycle that causes people to almost force creativity and innovation. If it is new and different and has a lot of components to it, then it must be innovative. Right? Unfortunately, “innovative” does not necessarily mean effective. Health management programs are very tricky because their success is heavily weighted on changing human behavior. What sounds good to the leaders does not always motivate or engage the doers. Through all of the innovation and creativity that we see every day, we have somehow forgotten a word that may be the number one driver in impacting human behavior. Simplification. Wait, the number one driver impacting human behavior is simplification? That can’t be true, because when it comes to engagement in wellness programs, we’re told people are driven by three main factors: their hearts (emotions), minds (analytics) or pocket books (finances). While this may be true, you should view simplification as the key into the room where those drivers are sitting and waiting to be put into action. I am convinced that employee engagement (don’t confuse participation with engagement) is substantially reduced on a day to day basis by the most well intentioned programs. We have leaders all over the country who just don’t understand why employees don’t truly engage in their company sponsored health management programs. Many employees just marginally “participate”, which costs companies a boatload of money and rarely produces true sustainable behavior change. Here’s a thought. Employees already know they are overweight, eat poorly, don’t work out enough, smoke, drink too much, spend too much money, don’t eat enough vegetables, don’t visit the doctor regularly, forget to take their meds, and so on. If changing behavior was easy then these people would have already turned their awareness into action and changed their lives a long time ago. We have to move beyond creating awareness and start heavily incenting change in a simple way. We, as employers, have a very unique opportunity to create a true win-win-win scenario for our business, our employees, and their families. Let’s stop wondering why employees don’t take care of themselves or why they don’t engage and let’s start focusing on clear, simple, and measurable objectives. Let’s create a long term plan that makes it easy for someone to change their life, reward them for that change, and increase the value of your business. ot having a strategy the survey, the 25% their population had ttom performers had e expenses in 2014 person compared to Company is by being plan with employees crease engagement miss that opportunity. 6 sk of the population. I have always supported wellness programs that Let’s walk through four main steps that will create healthier people who produce more. 1) Create a long term plan and commitment to the employee population. Too many organizations “day-trade” health initiatives. Employees are smart; they are keenly aware when commitment comes from the “top”… and when it doesn’t. It’s critical that the entire organization understands the commitment the Company is making to the employees and their families. It should be viewed as a decision that The Turnrow the organization has made to increase the overall wellbeing of every employee in the company - not be a plan to reduce healthcare costs, but a plan to make the Company better by focusing on the organization’s greatest asset, its people. This has to be a long-term strategy with an initial period of at least three years and must be accompanied by an approved budget. This strategy will include a description of what success looks like at key milestones over the three years. The definition of success should be consistent throughout all interactions with employees and their families for the entire program. The results of having a defined plan are staggering. According to 19th Annual Towers Watson/National Business Group on Health Employer Survey on Purchasing Value in Health Care only 18% of employers report they have a defined health strategy, 57% report they are developing a strategy and the remainder don’t have anything in place. Yet when you look at the cost and health trend of this last group, not having a strategy in place is mind boggling. According to the survey, the 25% top performers in managing the health of their population had trend of 1.6% from 2010 to 2013. The bottom performers had a 9.2% cost trend. The total health care expenses in 2014 for the top performers was $13,634 per person compared to $15,539 for the low performers. Lastly, you must show how committed the Company is by being transparent. Sharing the entire long term plan with employees including the why, when and how will increase engagement and build more trust in leadership. Don’t miss that opportunity. 2) Focus on the current and future risk of the population. I have always supported wellness programs that make a population feel good about their employer and have fun at the same time. When people enjoy something they tend to be more engaged, so I’m relatively bought in to that idea. However, we can’t just have a “feel good” program, which tends to be where most wellness programs end up. The program has a cool name and there is friendly competition with walking programs and weight loss competitions with prizes along the way. That all sounds great, but it lives too much on the surface. It’s time we dive deep and truly change behavior, fight disease, enable our employees to become more productive and increase their quality of life. The first step in making this a reality is gathering data on each employee. The need for good data on every employee is so important that it is causing many organizations to change their approach completely. Heavily incentivizing biometric screening – even making it part of the benefit enrollment Volume 20, Issue 4 · July / August 2016 process – and doing analysis on historical claims information is becoming the norm. It’s impossible to know how to help an employee if you don’t know where to start. Once you have good data and perform the appropriate analytics, then you can build a health improvement plan per employee and for the company globally. This plan will be focused on the current and future health risks of each individual employee, creating a much higher level of engagement. It’s actually easy to understand why this would work. When someone is discussing how you should manage your finances in a vague and global way, you’re barely listening. When someone sits in front of you with your data and specific financial information, you won’t miss a word they say. Building health improvement strategies customized to each individual elevates engagement and maximizes results. 3) Engaged or Enraged, it’s a fine line. It would be impossible for me to exaggerate the importance of building a comprehensive employee engagement strategy around wellness and health improvement. As mentioned at the beginning, simplicity is king. If it seems complicated, it is. If it seems like the program has too many moving pieces, then it does. If it seems like the design may be difficult for spousal buy in, then it will be. Don’t let your creativity get the best of you. This is an opportunity to build trust and too many times the opposite occurs – hence the word enraged. Do not build your engagement strategy around the “squeaky wheel”. The employees who never engage in anything, the naysayers, are a waste of time. It’s a common and costly mistake to focus on these people in an effort to limit the noise. Spend your time building engagement strategies around the 60% of your population who can be influenced in a positive way. (20% already are actively engaged, 20% are actively disengaged, leaving 60% that can make or break a program.) Building your strategy is the key. Companies who use a programmatic approach to build employee engagement report a 64% higher annual increase in employee engagement and 26% greater year over year increase in annual company revenue.4 Every dollar invested in employee engagement is worth it. 4) Validation and Measurement. All of this sounds fantastic, but if it can’t be measured, how can you validate your success and address areas for improvement? The amount of data that can be analyzed is never ending and quite frankly, it can be very complex. An important part of validation and measurement is yet again....SIMPLICITY. Simplicity keeps rearing its head. What and how everything is going to be measured should be agreed on before your company’s wellness journey begins and should 7 4) Validation and Measurement. All of this sounds fantastic, but if it can’t be measured, how can you validate your success and address areas for improvement? The amount of data that can be analyzed is never ending and Volumeis20, 4 · July / August 2016 Thequite Turnrow frankly, it can be very complex. An important part of validation and measurement yetIssue again....SIMPLICITY. Simplicity keeps rearing its head. What and how everything is going to be measured should be agreed on before your company’s wellness journey begins and shouldyourself. remainBuild consistent throughout theeasy journey. Don’t remain consistent throughout the journey. Don’t outthink a dashboard that is an summary for outthink a busy yourself. Build a dashboard that is an easy summary for a busy executive to understand. Oh, and remember, executive to understand. Oh, and remember, don’t ever day-trade results. It takes time, but you will begin to see positive don’t ever day-trade takesemployee time, butpopulation. you will begin see positive changes bothideas clinical data and your changes in both clinicalresults. data andIt your Aftertolooking at various modelsinand about measuring employee population. After looking at various models and ideas about measuring the organizational impact the organizational impact of wellness and health management programs, here is what may be the most impactful withoutof wellness and health management programs, here is what may be the most impactful without being unnecessarily being unnecessarily complex. complex. CLINICAL FINANCIAL Forecasted risk score Severity adjusted year over year cost trend Adherence to evidence based measures Individual and aggregated health risk results Severity adjusted medical and pharmacy costs Cohort analysis for diabetics BUSINESS IMPACT Absence rates per employee/ rolling 12 month average Workers Comp claims (days missed) Employee engagement measures There are a million ways to approach a wellness program and there are a million ways to try and figure out if it is actually There are a million ways to correlation approach abetween wellness programthat anddeliver there strong are a financial million ways to and try and out if working. There is a compelling companies returns thosefigure that have it is actually working. There is a compelling correlation between companies that deliver strong financial returns documented, best practice wellness programs.5 The problem is trying to define “working”. Sometimes common sense can 5 Thehighest problem trying to and those that money have documented, best practice wellness programs. prevail. Investing in your greatest asset to make sure it performs at the levelispossible justdefine makes“working”. sense. It Sometimes common sense can prevail. Investing money in your greatest asset to make sure it performs at the always makes sense with computers, machines, and equipment. So why can’t it make sense with people? highest level possible just makes sense. It always makes sense with computers, machines, and equipment. So why can’t it make sense with people? Save the Date Healthier people cost less and produce more. 2017 Joint Annual Meeting Citations 1 The New Health Care Imperative: Driving Performance, Connecting to Value. Towers Watson/National Business Group on Health. 2014. Page 6 2 The New Health Care Imperative: Driving Performance, Connecting to Value. Towers Watson/National Business Group on Health. 2014. Page 10 3 The New Health Care Imperative: Driving Performance, Connecting to Value. Towers Watson/National Business Group on Health. 2014. Page 11 4 Employee Engagement: Paving the Way to Happy Customers. Omer Minkara and Michael M. Moon. The Aberdeen Group. September 2015. February 12 - 15 5 Is There a Link Between Stock Market Price Growth and Having a Great Employee Wellness Program? Maybe O’Donnell, Michael P. MBA, MPH, PhD. Journal of Occupational & Environmental Medicine: January 2016 - Volume 58 - Issue 1 - p e18–e20 The Ritz-Carlton New Orleans, Louisiana Please Mark Your Calendar And Make Plans to Join Us All In New Orleans! 8 3 The Turnrow Volume 20, Issue 4 · July / August 2016 WHAT’S r o o l YOUR f PLAN? By utilizing Inventory Financing, you can keep a variety of the latest and greatest equipment on hand that your customers wantwhilekeepingyourcashflowopen. Let’s dra w Finding a way to make Inventory Financing available and attractive to farm equipment dealers is our goal. Here are a few good looking points: 15F&A344_AssociationStock 8/15 up the plans We know together! your custo mers are Contacty your best ourfinanc asset! especiali ways to us s t todaytod e Inventory iscover Financing keepyour to help customers loyaltoyo u. ✓Seasoned industry professionals ✓ Flexible credit lines and payment terms ✓ User-friendly on-line account management and inventory reporting systems ✓ Insurance protection with monthly rate adjustments ✓ Broadfinancingrange Call your representative today: Retail Rick Lannie (731) 780-9023 Retail Ben Nunnikhoven (800) 873-2474 Flooring Chuck Floarke (618) 401-2509 Please mention this promo code on your call: Floorplan Deep South Financial Services is offered through an agreement between Agricredit Acceptance LCCandDeepSouthEquipmentDealersAssociation. Financingsubjecttodealercreditreviewandapprovalandothertermsandconditions.All 9 financingisinDeepSouthFinancialServices’solediscretion. The Turnrow Volume 20, Issue 4 · July / August 2016 Industry Update Ag Braking Requirements for North America: Review Continues • Changes in ag vehicle braking requirements for North America are being considered. Once agreement has been achieved, the discussions will move to the formal ASABE standardization process. The standard containing braking requirements for towed and towing agricultural field equipment is in need of updating to keep pace with current machine design and practices. A small task force of braking system experts from several North American-based equipment manufacturers along with developers and suppliers of vehicle braking systems has been comparing the current requirements in ASAE S365.9 to the demands current equipment and practices are placing on braking systems as well as requirements from other regions of the world. The review of the dated North American braking standard will take the next step towards a thorough revision when manufacturers meet in mid-June. The industry-driven review has progressed to a point where a broader coalition, including manufacturers of brake components, self-propelled, towed and towing equipment, will meet to review ASAE S365.9 as it applies to agricultural equipment currently being marketed. The group recognizes that increases in equipment speed, weight and size along with greater congestion of U.S. roadways are placing more demands on the performance and design of agricultural equipment braking systems. • Source: AEM Ag Equipment Sales Continue to Struggle North American large ag equipment sales continued to be weak in April, according to the latest numbers released by the Assn. of Equipment Manufacturers. Row-crop tractor sales were down 18.8% year-over-year, the smallest sales decline for the category in 10 months. “April 2016 marked the 27th month of large ag year-over-year declines with magnitude of decrease remaining significant (down 21% in total),” said Mircea (Mig) Dobre, analyst with Baird Equity Research, in a note to investors. • • Still a Long Way to Go While much work has already been completed, there is still a long way to go and many more voices to take into consideration. Invitations have been extended to a broad base of interested parties in both the U.S. and Canada. The upcoming meeting will bring new attendees up to- date on the current status, needs and timelines to enhance existing standards and, where possible, establish consistency with other regional standards and regulations, thereby improving manufacturing efficiencies. Topics to discuss include means to resolve the concerns over the current ASAE S365.9 standard which: • • • • 10 Has no provision to allow towing of a lightweight towed ag vehicle without brakes at speeds exceeding 32kph (20 mph) Has no distinction between commodity trailers with variable trans-port loads and implements with fixed transport loads Does not address how the brake system interfaces between towing vehicle and the towed vehicle Has no provisions to warn an operator that the brake system has failed Does not clearly address requirements for combination braking systems (hydrostatic & friction brakes) Increases complexity for manufacturers and users due to the misalignment with other standards around the world. • • • U.S. and Canadian large tractor and combine sales dropped 21% year-over-year in April, up from the 28% decrease in March. U.S. sales were down 21%, while Canadian sales declined 22%. The decline in combine sales increased in April, posting a 30% year-over-year drop vs. down 25.5% the previous month. U.S. combine inventories were 37.8% lower year-over-year in March, compared to down 28.6% the month before. April is typically a slowerthan-average month for combine sales, accounting for 7.2% of annual sales over the last 5 years. Row-crop tractor sales were down 18.8%, an improvement from the 24.7% decrease in March. U.S. row-crop inventories decreased 4.5% year-overyear in March vs. a 2.2% decrease the month prior. Typically, April is an above average month for rowcrop tractor sales, accounting for 9.9% of annual sales over the last 5 years. 4WD tractor sales were down 21.6% year-over-year in April, an improvement from the 48.1% decline the month before. U.S. dealer inventories of 4WD tractors decreased 16.6% year-over-year in March. April is typically an above average month for 4WD tractor sales, accounting for 10.2% of annual sales over the last 5 years. Mid-range tractor sales dropped in April, down 13.8% year-over-year after a 7% increase the previous month. Compact tractor sales were up 6.6% year-over-year in April, down from the 28.4% increase the month before. Source: AEI The Turnrow Volume 20, Issue 4 · July / August 2016 WHAT IS EQUIPMENT INSURANCE INTERNATIONAL? Incorporated in January of 1984, EII is an insurance agency specializing in physical damage insurance for financed, leased or rented equipment. WHO IS EQUIPMENT INSURANCE INTERNATIONAL? EII is a group of individuals dedicated to providing your dealership and your retail customers courteous and prompt service. EII administers the entire program from marketing, underwriting and policy generation to the adjusting and payment of claims. Our programs are underwritten by companies rated A+ (Superior) by AM Best. 120 Westlake Road, Ste. 7 · Fayetteville, NC 28314 11 (800) 476-2379 · www.e-i-i.com The Turnrow Volume 20, Issue 4 · July / August 2016 Advice Matters. Family Matters. . Retirement plan consultation and administrative support . Onsite employee retirement education . Generational wealth transfer . Holistic financial planning and monitoring . Investment advisory services . Trust services* . Direct asset management . Continuously hedged portfolios . Risk-conscious investing . Wealth planning . Life/business transition consultation Together we’ll help you develop, streamline, and work towards your financial goals. *LPL Financial Representatives offer access to Trust Services through The Private Trust Company N.A., an affiliate of LPL Financial. 12 (504) 321-0923 www.fpwa.com Metairie and Old Gretna Securities offered through LPL Financial, Member FINRA/SIPC. Investment advice offered through Level Four Advisory Services, LLC, a registered investment adviser. Faubourg Private Wealth Advisors, LLC and Level Four Advisory Services, LLC are separate entities from LPL Financial. The Turnrow Volume 20, Issue 4 · July / August 2016 Risk Management Corner That Pain in Your Wallet Might Be Caused by Insurance Fraud Like the scene out of a movie, an “inside job” unfolds: A jewelry store owner makes the conscious decision to defraud his insurance company. Initially, the owner’s actions look legitimate: He submits a claim for a stolen ring, and supplies an invoice for the ring to his adjuster. His fatal error was substituting the ring’s real invoice with one that was more than $10,000 over the ring’s actual value. What the owner failed to take into consideration was his insurance company’s determination to fight fraud. In claims for theft, the insurance company verifies the reported value of the stolen property. What they discovered in this case resulted in felony insurance fraud charges against the store owner. Victimless Crime? Many people see insurance fraud as a victimless crime. After all, who’s really getting hurt—some big bucks insurance company that won’t even notice a few thousand dollars missing? Outwardly, it may seem impersonal. But, when the multiple layers of the effects of fraud are peeled away, the real victim is revealed: you. Costs related to insurance fraud are passed on to consumers through higher premiums. Insurance companies take fraud very seriously. Employees are trained to prevent, detect, and eliminate fraud to protect policyholders, the public, and the company and its employees. Proven anti-fraud tactics lay the groundwork for a firm stance on eliminating fraud and prosecution of perpetrators. Special Investigation Unit Federated’s goal is to aggressively pursue individuals who have submitted fraudulent claims. Our Special Investigation Unit (SIU) reviews and investigates possible fraudulent claims across the country, involving federal, state, and local law enforcement and investigative agencies when necessary or required. It’s unfortunate fraud is a problem big enough to warrant a department devoted strictly to it. But, with education and action, the message that insurance fraud is a crime and will not be tolerated may eventually put the SIU out of business. Help Wanted Fraud can be committed at any type of business and comes in all shapes and sizes: arson, suspicious medical bills, a staged car accident or slip and fall incident, padded invoices…the list, unfortunately, goes on. The tactics are as varied as the perpetrators. There’s no one better to stop fraud in its tracks than policyholders themselves. To report suspected insurance fraud of any kind, immediately contact your state’s fraud bureau or the insurance company. Depending on the type of fraud, you may also contact the following: • • • • Partners in Training Employers appreciate the benefit of offering practical, relevant employee training that helps their workers better identify and manage on-the-job the risks. Federated Insurance has partnered with J. J. Keller®, a leading provider of safety and compliance solutions, to provide clients complimentary access to easy-to-use, timely, and engaging employee training tools that fit their business’s needs. Educational content is available through instructor-led presentations via streaming video (video on demand), or interactive, self-paced, online courses for individual training. Sessions incorporate the latest adult learning techniques, and deliver a consistent and standardized message at each location. National Insurance Crime Bureau – 1-800-835-6422 (for suspected property/casualty, auto, homeowners, liability, and workers compensation fraud) Medicare/Medicaid – 1-800-447-8477 Federal Crop Insurance – 1-800-424-9121 Medical providers – call your state’s medical board or chiropractic board Training topics available from J.J. Keller include: • workplace safety—HazCom, forklift safety, and fire prevention • construction—fall protection, confined spaces, and excavations • transportation/DOT—hours of service, alcohol and drug testing, and vehicle inspections • human resources—FMLA, ADA, and substance abuse • HazMat—compliance, security awareness, and placarding Risk management is a continuous process, which is why Federated strives to provide useful products and services that can help businesses keep pace with their changing needs. For more information or to access more risk management resources, log on to Federated’s Shield Network® or contact your local Federated representative. 13 The Turnrow Volume 20, Issue 4 · July / August 2016 Feature Right to Repair Legislation Puts Consumers at Risk Fact vs. Fiction: Understanding What Right to Repair Means for Consumers and the Industry Recently, small advocacy groups in several states, including Nebraska, Minnesota, New York and Massachusetts have been promoting what is commonly known as “Right to Repair” legislation. These groups have (unsuccessfully) argued that state Right to Repair legislation will lead to increased competition and decreased prices for consumers. What these proponents didn’t tell you is that this type of legislation does little to protect the average equipment owner and instead jeopardizes existing safety and environmental protections in several ways. First, farmers and other owners of equipment already have access to the information they need to make basic repairs and to perform general maintenance on their modern equipment. The very same service manuals which are purchased by authorized dealers from Original Equipment Manufacturers can also be purchased by equipment owners and third parties. Claims by Right to Repair proponents to the contrary are false. In addition, many authorized dealerships offer free educational programs and other reduced cost incentives to help equipment owners minimize downtime from these types of issues. The service information that proponents of Right to Repair legislation actually want has nothing to do with ordinary repairs or regular maintenance; these proponents want to allow unqualified and untrained individuals to “repair” and/or modify sophisticated equipment mechanisms used in agriculture, construction and other industries. If performed improperly, these types of repairs and/or modifications could result in death or serious injury to the equipment operator or others. Second, Right to Repair advocates want the right to circumvent safety and environmental preservation mechanisms which are required by law in order to “enhance” equipment performance. These types of modifications are not only illegal, but they can be dangerous and usually void the manufacturer’s warranty for the equipment in question. 14 Third, Right to Repair advocates want to “increase competition” by putting dealers, who invest heavily in technician training, safety infrastructure and appropriate liability insurance to protect consumers, at a price disadvantage against those who choose to skip such measures. The majority of equipment owners and/or independent repair shops lack the resources to invest in the safety and technology training that is required of authorized dealerships. In essence, advocates of Right to Repair legislation want equipment owners and/or third party repair facilities to perform sophisticated equipment repairs without investing in the educational and safety mechanisms that ensure that it is done safely and correctly. Dealers not only pay to ensure their technicians are trained to service cutting edge technology, but they also offer high wages in order to retain this talent in competitive rural job markets. This type of legislation would also create a situation where third parties injured by an improper repair performed by an unqualified technician are unlikely to recover for the damages they sustained due to the negligence of an equipment owner or third party. Authorized dealerships strive to bring their customers value in all they do. To do so, they spend significant capital each and every year to ensure their technicians have the latest safety and technology training. They believe that their investment in their employees leads to more efficient and reliable repair processes which, in turn, benefits their customers’ own bottom lines as well as helping to ensure their safety. Given these significant issues, Right to Repair legislation has been and should continue to be opposed across the United States. It is wrong for our customers and our industry. Natalie J. Higgins, VP of Government Relations, Equipment Dealers Association Brad Griffin, President, Montana Retail Association The EDA Shipping Program – a free member benefit! The Turnrow Volume 20, Issue 4 · July / August 2016 Enroll today at PartnerShip.com/EDA The EDA Shipping Program, managed by PartnerShip®, helps you save on every shipment you send or receive. From envelopes up to large truckload shipments, PartnerShip allows you to save on your shipping with the most trusted carriers in the country. and many more ... 15 The Turnrow Volume 20, Issue 4 · July / August 2016 Feature ESOPs A Viable Succession Planning Tool for Today’s Larger Dealers? by Lance Formwalt, Seigreid Bingham, P.C. We are all familiar with the 20+ year consolidation trend among equipment dealers. This trend has provided an effective exit strategy for many dealers. But what about the dealers that remain? Many dealers operating today have experienced rapid growth in the last decade. Much of this growth has been fueled by mergers. Mergers facilitate the creation of large dealer organizations because they generally require no additional equity and can be completed on a tax-free basis. Although the purpose of these mergers is to help the merged dealers become more profitable and efficient, these larger dealer organizations also frequently create succession planning challenges due to (a) large ownership groups that make managing the exits of individual families over time difficult and (b) a shrinking pool of potential buyers that can purchase the business. Succession planning involves two key elements: management succession planning and ownership succession planning. The good news for larger dealer organizations is that the size of these organizations has led to a trend toward developing and hiring management teams that are not members of the core ownership groups. This can make management succession planning easier to accomplish in the future, especially since it is not tied to ownership succession planning. Ownership succession planning is another story. As your dealership gets bigger, the options for transitioning the business become smaller and harder to accomplish. Let’s take a quick look at your basic options: • Sale to Another Dealer. This is the most logical option for most dealers. However, a sale to another dealer becomes very difficult for large dealers because of the way that manufacturers calculate tangible net equity percentages or ratios that are usually mandated as part of the approval process. The tangible net equity requirements, when combined with growing inventories that are often fully financed (and therefore reduce tangible net equity percentages), significantly limit the ability of many buyers to pay blue sky for a dealership. What this means is that the bigger your dealership gets, the harder it can become to extract the true value of the business from a buyer. • Sale to Private Equity/Outside Investor. Outside investors with capital are another option because these groups have the financial resources to meet the tangible net equity requirements of manufacturers. Unfortunately, outside 16 investors are often hesitant to accept the manufacturer limitations on transfer without approval and usually will not accept requirements to give manufacturers personal guarantees. These issues can create uncertainty as to whether an outside investor will be approved and limit the pool of available outside investors. • Partial Ownership Purchases. Ownership succession planning can be accomplished by having the dealership or other owners purchase the stock of a retiring/selling owner. This can be an effective strategy when the owners have exit strategy timing spaced out over several years or even generations, but it needs to be managed carefully to avoid creating too much of a financial burden on the dealership. In addition, funding purchases of even minority owners of today’s large dealerships can be too large for dealerships to pull off without seeking additional investors. What about ESOPs? One option for today’s large dealer is an Employee Stock Ownership Plan (ESOP). An ESOP is a form of retirement plan recognized by the IRS that can also serve as a powerful succession planning tool for dealers. An ESOP works as a succession planning tool for an owner by buying the owner’s stock in the dealership with proceeds from a bank loan, owner-financing or a combination of both. The ESOP can acquire all of the dealership’s stock, purchase the stock of only certain owners or buy stock over time. This can provide a lot of flexibility depending on your needs. ESOP Tax Advantages The sale of your dealership to an ESOP can create tremendous tax advantages. When you sell to an ESOP, you are selling your stock. A stock sale will be subject to capital gains tax, the lowest income tax rate under our tax system. When dealerships are sold to other dealers or outside investors, they are normally structured as asset sales. Asset sales generally result in higher taxes on the seller and these taxes can be significantly higher if your dealership is a “C” corporation because a sale results in two levels of tax – a corporate income tax on the sale proceeds and a dividend tax when the sale proceeds are distributed to the owners. In addition to the tax rate benefit, sellers to an ESOP can also defer tax for many years in certain situations. Similar to a taxfree like-kind exchange involving real estate, the sale of 30% The Turnrow Volume 20, Issue 4 · July / August 2016 HOW WOULD YOU LIKE TO HAVE EXPOSURE LIKE THIS? YOUR AD HERE! IMAGINE THIS STADIUM FULL OF 20,000 QUALIFIED BUYERS Some are season ticket holders; some attend a couple of games a year. Fastline delivers a sold-out crowd for all 17 editions with a combination of season and single ticket holders. For every edition of Fastline, a fan base of 20,000 qualified farmers fills the Fastline stadium… it’s just a little different mix of people every time. ROTATING SUBSCRIBER LARGE ACRE Super fans – not only are they getting the Fastline catalog 17 times a year, they’ve got the premium box seats. Game day 17 times a year! They’re rabid fans who come back time and time again. Every team needs its loyal group of fans who look forward to seeing as many games as possible. Make sure you're running in consecutive editions by calling your local sales and marketing representative today at 800-626-6409 EQUIPMENT. FOUND. FAST. 800-626-6409 For an in-depth look at Fastline's catalog distribution list visit Fastline.com/Distribution or more of the shares of a “C” corporation (dealers that are “S” corporations can usually convert to a “C” before a sale) to an ESOP allows sellers to postpone the payment of tax on the sale proceeds if they use the proceeds to purchase “Qualifying Replacement Property” within 12 months of the sale (e.g., invest in publicly-traded company stock). Capital gains tax can even be eliminated permanently if the replacement property is held long-term and eventually goes into your estate. How can an ESOP solve issues for Large Dealer Organizations? An ESOP is a way to create your own buyer for a dealer organization that may otherwise have limited options. For dealerships that aren’t currently looking at an exit, this should help give you confidence that a future exit strategy can be found even while your organization remains in growth mode. In addition, a partial ESOP sale can also be a tool for helping to fund the purchase of stock from retiring owners now and in the future without requiring new investors. Tax benefits also apply to the dealership after the sale. If the dealership is or becomes an “S” corporation after the sale, the income from the business will be tax-free because an ESOP is a tax exempt entity. This tax benefit helps the ESOP make the loan payments needed to fund the purchase and can also result in accelerated equity growth that is important from the standpoint of manufacturer expectations and for purposes of funding additional acquisitions. Conclusion What Qualifications do I need to use an ESOP for Owner Succession Planning? The good news is that most dealers will be in a position to consider an ESOP. While there are many requirements involved in establishing and maintaining an ESOP, any dealer structured as a corporation with an active and responsible management team that will remain in place after the sale can consider an ESOP. The use of an ESOP in connection with an LLC is an emerging area that may also work in certain situations. The challenge of succession planning for large dealer organizations is something that dealers and manufacturers need to be thinking about now as the consolidation of dealers continues and the ownership base grows older. As part of this process, an ESOP should be evaluated as a tool for helping to foster transitions among these owner groups. Over the course of our next few articles, we will take a deeper look at ESOPs from the perspectives of the sellers, employees/management and manufacturers. Lance Formwalt is the leader of the Equipment Dealer Group at Seigfreid Bingham, P.C. The firm also serves as legal counsel to equipment dealer associations and many individual equipment dealers. Lance may be contacted at [email protected] or 816-265-4106. Also see www.sb-kc.com. This article is intended to provide general recommendations and is not intended to be legal advice. You should always consult your attorney for advice unique to you and your business. 17 The Turnrow The DMS that’s ready for anything. Volume 20, Issue 4 · July / August 2016 Looking for a way to grow your business? This one’s pretty sharp. The new,, fully integrated CDK IntelliDealer™ 3.0 Dealer Management System builds on our 35 years of industry knowledge and gives you full visibility to all your data across all your locations and functions. • Telephony, CRM, OEM interfaces, in addition to your Parts, Service and Accounting are all completely integrated • Ability to customize • Support and endorsements from major OEMs • Supported applications available for mobile devices IntelliDealer is Powering the fastest growing dealers across North America. Experience what 1,700+ dealerships and 40,000+ users do every day. Call 519.474.5212 or visit cdkglobal.com/heavyequipment. IntelliDealer™ 3.0 DMS 18 © 2016 CDK Global, LLC / CDK Global is a trademark of CDK Global, LLC. The Turnrow Volume 20, Issue 4 · July / August 2016 2016 Joint Summer Conference July 17-20, Hilton Sandestin 19 The Turnrow 20 Volume 20, Issue 4 · July / August 2016 The Turnrow Volume 20, Issue 4 · July / August 2016 21 The Turnrow 22 Volume 20, Issue 4 · July / August 2016 The Turnrow Volume 20, Issue 4 · July / August 2016 23 The Turnrow 24 Volume 20, Issue 4 · July / August 2016 The Turnrow Volume 20, Issue 4 · July / August 2016 The 2016 Louisiana and Mississippi Scholarships Have Been Awarded SINCERE CONGRATULATIONS are extended to the following Recipients of the 2016 Louisiana and Mississippi Deep South Equipment Dealers Association Scholarships. The 2016 Louisiana Deep South Association Scholarship was awarded to Jackson Loupe. Jackson will be a sophomore at LSU majoring in Agricultural Business. Jackson is from Abita Springs, Louisiana is thrilled to be receiving the “prestigious scholarship” from Deep South. His goal is to one day own his own business in the Agricultural field, possibly a hydroponic garden because of his passion for harvesting and gardening. On a trip to Epcot, Jackson rode the “Living With the Land” park ride and said he saw farming in a new light, and wondered, if this was the next stage of farming? That ride planted the seed, so to speak, in his head and many years later, he chose to do his Senior Research Project on hydroponics to learn it in greater detail. Jackson commented in his biography that the teachers he presented to were thoroughly impressed, not just by his knowledge on the subject, but the passion he presented it with. With the Deep South Scholarship, Jackson said he will be able to flourish into the “welleducated, hardworking, agricultural businessman he has always wanted.” He will also be working at the LSU Dairy Store to help pay for some of his College expenses. Jackson plans on giving 100% effort and through hard work, perseverance and studying, he plans to get his Agricultural Business Degree and one day, achieve his goals. Mark A. Hall of Pontotoc, Mississippi was awarded the Mississippi Deep South 4-H Foundation Scholarship for 2016. Mark will be attending Mississippi State University as a freshman and plans to earn a degree in Agricultural Engineering. He is considered a “bright and ambitious student in the top 10% of his class and maintained a high GPA, taking AP courses while juggling extracurricular activities”. Mark was a 10 year participant in the 4-H club where his main projects were shooting sports, wildlife judging, consumer judging, horticulture and compact tractor. He has won the Mississippi State Second Place Dairy Judging Team, Horticulture Judging and Small Engines Contest. Mark has been proud to be a 4-H Judge both at District and State Congress numerous times. He has worked hard at the Mississippi State University Pontotoc Ridge-Flatworks Branch Experiment Station and at his family’s Reeder Farm Supply helping his Dad with their cattle farm and hay business. In Mark’s recommendation letters, he has been praised as “an outstanding your man with a caring heart that is willing to help anyone that needs help, very Community minded and volunteers many hours to help the less fortunate and his Community”. As one of his recommendations stated, “Mark is a hard worker and very dedicated in whatever he chooses to do. He is an outstanding young man and one that would use his scholarship wisely. An investment in Mark would be a wise investment and help contribute to his dream of a College degree a reality”. Our most sincere and best wishes are extended to Jackson Loupe and Mark A. Hall as the 2016 outstanding Deep South Scholarship Recipients whose future endeavors are in the field of Agriculture. 25 The Turnrow Volume 20, Issue 4 · July / August 2016 When it comes to offering benefit assistance & education to your employees, PICK THE CREAM OF THE CROP. We Offer: • Benefit education & enrollment support • Assistance with diagnoses & treatments • Expert advice on the best use of benefits • Help with care for aging parents • Healthcare cost & quality guidance • Simple explanations in basic terms • Assistance with claims & billing issues • A concierge for complex healthcare situations For a quote, call Vince Zebeau 225.383.5064 or 225.978.9160 26 Serving Association Members Since 1959 The Turnrow Volume 20, Issue 4 · July / August 2016 Business Update One KEY to Running a GREAT BUSINESS What is one of the most influential factors affecting your company’s success? It’s your employees—the people who are right beside you, helping to build the profit and pursue opportunities for growth. Physical assets—the buildings and equipment— support financial goals, but to carry out the directives necessary to reach those goals, a company won’t get too far without trusted employees. And, if you’re like other business owners, you have certain employees whose departure from the company could create genuine setbacks. They’re the ones with the management skills, technical know-how, experience, and customer relationships you rely on. How would your company handle the void left by a key employee’s departure or death, and the urgent need to find a qualified replacement? Are any of your key people close to retirement, or absent due to a long-term illness or disability that may prevent their return? Perhaps one of your star performers recently quit. Or, perhaps, one of your key employees passed away not long ago. With the anxiety of losing a valuable employee still fresh in your mind, it’s a perfect time to start putting a plan in place to protect your company in the event another key person leaves. Determine who your key employees are. They are the employees you could describe as the people you can’t do without—the ones you trust to make the right decisions when you’re not available. They can be at any level or in any position. And there currently may be no one who could step right in and take over their responsibilities. Remember, you’re a key person too! While it can be uncomfortable to think about one’s own mortality, concentrate on those left behind and what they could go through if you haven’t planned for your company’s future. Decide how to protect your company after losing a key employee. It’s an unhappy reality of running a business that good employees leave. And, if an employee has distinctive skills, the loss can be even harder to deal with. That person’s unique talents and expertise mean you need to fill some big shoes. Plan to spend a lot of time and effort finding a replacement. And, don’t forget money. It’s estimated that the cost to replace mid- to high-level employees can range from one-and-a-half to four times their annual salary. Are you prepared to cover that expense out-of-pocket? Few employers have that kind of extra money lying around, “just in case.” Having an important employee leave is enough of a disruption to your business. Do you want to add a financial burden on top of that? Insure the life of your company. In the strictest sense of the word, life insurance insures someone’s life. But, when used as key person protection for your business, it can be thought of as insuring the life of your company, too. Life insurance is a cost-effective solution to help provide some welcome financial support toward your company’s need to replace a key employee. Life insurance can help to • keep the business running and growing • assure creditors that their loans are safe • assure customers and employees that the business will continue • recruit, attract, and train a replacement • replace lost profits • provide time and flexibility for survivors to make necessary business continuation decisions if the key person is you or another owner The benefits of key person coverage go deeper than just the cash value of a life insurance policy. It can help smooth the way back to “business as usual” after your organization loses a vital member. In other words, you and your team gain peace of mind thanks to an added degree of stability and security. And isn’t that “key” to running a great business? MAKING FORMS & SUPPLIES AVAILABLE & AFFORDABLE *Business Forms, Stationery, and Envelopes *Computer Invoices, Statements and Checks * Sales Tickets *Work, Repair, and Purchase Orders * Federal and State Labor Law Posters We’re here for your form and Supply needs, PLEASE CALL TODAY! Deep South Equipment Dealers Association 550 Lakeland Drive, P.O. Box 1191 | Baton Rouge, LA 70821 | Phone: 225-383-5064 | Fax: 225-383-8581 27 The Turnrow Volume 20, Issue 4 · July / August 2016 Labor Update MAJOR CHANGES TO THE FLSA’S OVERTIME REGULATIONS TO IMPACT DEALERS On May 18, 2016, in response to a directive from President Obama to “modernize” federal regulations governing minimum wage and overtime pay, the Department of Labor published a final rule revising the so-called “white-collar” exemptions to the Fair Labor Standards Act (“FLSA”). Generally, the FLSA requires minimum wage and overtimepay protections for employees covered by the Act, but certain “white-collar” employees who receive a specified minimum salary amount and perform specified job duties are exempt from those protections. The Department of Labor’s significant revisions to the law include, among other things, an increase in the specified minimum salary amount needed to qualify as an exempt “white-collar” employee. The Department of Labor estimates that, without intervening action by employers, this change will extend the right to overtime pay to 4.2 million previously exempt employees across all industries – including agriculture and farmequipment dealers. Employers must implement these changes by December 1, 2016, and it is imperative that dealers familiarize themselves with these new rules before this deadline. What Changed? Under the “white-collar” exemptions to the FLSA, an employee must earn a specified minimum salary or compensation amount and also perform specified job duties. The new rule significantly raises the minimum salary amount needed to qualify for any of the “whitecollar” exemptions applicable to executive employees, administrative employees, learned professionals, and highly compensated employees. Specifically, the new law raises the minimum salary level from $455 per week (or $23,660 annually) to $913 per week (or $47,476 annually) beginning December 1, 2016 – and this salary amount 28 must be paid on a “salary basis,” meaning that the employee is entitled to at least this compensation regardless of the quantity or quality of work performed. An employee whose compensation falls below this new threshold will not qualify as an exempt employee, regardless of his or her job duties. However, employers may now include nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10% of this new threshold. The new regulations also increase the total annual compensation required for an employee to qualify as an exempt highly compensated employee from $100,000 per year to $134,004 per year. Finally, the Department of Labor’s new regulations mandate updates of these minimum salary and annual compensation levels every three years beginning January 1, 2020. Accordingly, the new “white-collar” exemptions now require the following. To qualify for the executive-employee exemption, an employee (1) must be compensated on a salary basis at a rate not less than $913 per week (or $47,476 annually); (2) the employee’s primary function must be managing an enterprise, a subdivision of the enterprise, or a recognized department; (3) the employee must regularly and customarily direct the work of at least two or more full-time employees; and (4) the employee must have the The Turnrow authority to hire or fire, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotions or any other change of status of other employees must be given particular weight. To qualify for the administrative-employee exemption, an employee (1) must be compensated on a salary basis at a rate not less than $913 per week (or $47,476 annually); (2) his or her primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and (3) the employee’s primary duty must include the exercise of discretion and independent judgment with respect to matters of significance. To qualify for the learned-professional exemption, an employee (1) must be compensated on a salary basis at a rate not less than $913 per week (or $47,476 annually); (2) the employee’s primary duty must constitute work requiring advanced knowledge (intellectual in character) that is in a field of science or learning; (3) the advanced knowledge must be customarily acquired by a prolonged course of specialized instruction; and (4) the employee must execute his or her duties with sufficient independent judgment and discretion. Finally, to qualify for the highly compensated employee exemption, an employee (1) must receive total annual compensation of $134,004 or more; and (2) must perform any one job duty of an exempt executive, administrative, or learned professional employee. Nondiscretionary bonuses and incentive payments (including commissions) may be counted towards a highly compensated employee’s total annual compensation requirement ($134,004), but the employee must receive $913 per week each pay period on a salary or fee basis without regard to the payment of such nondiscretionary bonuses and incentive payments. What Did Not Change? Although the changes to salary and annual compensation requirements for certain “white-collar” employees are significant, the Department of Labor’s new rules have no effect on other exemptions that may apply to employees of agriculture and farm equipment dealers, such as (without limitation) exemptions for farm implement dealerships (salesmen, partsmen, and mechanics exemption) and exemptions for sales (commission-sales employees and outside-sales employees). Finally, while the new rule changes the federal “whitecollar” exemptions, applicable state and local laws remain unchanged by the Department of Labor’s revisions. Employers are bound to comply with federal law Volume 20, Issue 4 · July / August 2016 governing minimum wage and overtime requirements – in the form of the FLSA – as well as all applicable state and local laws. While some states, like Louisiana, do not have separate minimum wage and overtime laws and instead defer to the federal regulations, other states, like Florida, impose additional (and more demanding) requirements upon employers. In all instances, employers are required to comply with applicable federal, state, and local laws and regulations – and these obligations remain unchanged by the Department of Labor’s revisions to federal regulations. How Can You Protect Your Business? Given the significant changes to the FLSA’s “white-collar” exemptions and the rapidly approaching December 1, 2016 deadline for employers to bring their businesses into compliance, dealers should take steps to protect their businesses as soon as possible. First, all dealers should conduct an internal audit of their workforce. This internal audit should include a review of employees’ day-to-day activities, and employers should update job descriptions accordingly. Employers should also identify positions which may be treated as exempt under the requirements of one or more of the exemptions, and for each position, employers should ensure that they are complying with the minimum wage, overtime, and record keeping obligations imposed by the FLSA. To keep accurate records, employers should identify all “working hours” for which non-exempt employees are entitled to compensation. After conducting this internal audit, dealers should identify employees who are no longer exempt under the new law. For these employees, employers should proceed to evaluate how much under the new salary minimum ($913.00 per week or $47,476 annually) the employee falls. At that point, dealers have the option of either (1) raising the employee’s salary to meet the new salary minimum; or (2) re-classifying the employee as a non-exempt employee effective December 1, 2016. If the choice is made to reclassify the previously exempt employee as non-exempt, dealers should ensure that the change is communicated properly to the employee and that the employee is trained on how to record his or her hours of work. In certain instances, dealers may discover through an internal audit that they have inadvertently misclassified an employee as exempt. In these situations, dealers should consult with legal counsel to discuss possible options for addressing the misclassification. Author: Sarah Myers (myers@chaffe. com) and Amy McIntire (mcintire@ chaffe.com) 29 The Turnrow Volume 20, Issue 4 · July / August 2016 We are “outstanding” in our field. We Offer: • Employee Benefits Consulting • Advocacy Engagement Services • Preventative Wellness Programs • Medical Insurance • Answers to Compliance & HR Questions • Ancillary Coverages Gilsbar delivers cost effective and comprehensive employee benefits programs. For a quote, call Vince Zebeau 225.383.5064 or 225.978.9160 30 Serving Association Members Since 1959 The Turnrow Volume 20, Issue 4 · July / August 2016 Feature 6 Challenges that Equipment Dealers are Facing Online in 2016 Let’s face it: Today’s world can easily cause information overload. When equipment dealers develop marketing strategies, they’re still categorizing media as traditional and digital. Marketing has become multi-screened, and media channels are becoming intertwined. your location. Be sure your addresses, phone number, hours, etc. are all correct. Place pictures of the physical location inside the directories. Challenge Two: iFrames Your website must serve as an online storefront that’s as organized and inviting as your physical location. Your online store should convert visitors into customers just like your trusted employees do. 93% of purchase decisions begin with a Web search. Your website is an extension of your physical location(s), so it should represent the core values and priorities of your location(s). It’s important that the look and feel of your dealership is consistent. Informationonly websites aren’t useful to potential customers anymore. On average consumers look at 7.2 websites prior to purchasing new or used equipment. These days, people are researching everything they intend to buy prior to making a purchase. Most dealers are using OLD technology to push out inventory to their websites, and this is causing major issues. The first issue is that Google doesn’t accept iFrames with websites. If you are wondering what an iFrame is, it is an HTML document embedded inside another HTML document on a website. The iFrame HTML element is often used to insert content from another source, such as an advertisement, into a Web page. Following are six challenges your dealership is already facing or will soon face and how to solve them in the digital world. Challenge Three: Mobile Challenge One: Local Search Most dealers are unaware that Google is setting you up to win and not to fail. Many dealers don’t realize this, but in 2015 Google implemented its new algorithm that favors local businesses rather than national businesses. Think about it: When you’re on your smartphone and you Google “restaurant,” it shows you the nearest one. This happens with all searches, including businesses that sell equipment. Try it out. Solution: Be sure that your local directories have been claimed and optimized to make it easy for people to find Solution: The solution is easy. Directly tie your inventory into your website using an API from your point-of-sale system. You must get away from using the “Free” TractorHouse website to do this. Google downgrades you every day for using this approach. Most dealerships do NOT show up in a Mobile Search. Consumers buying equipment check out an average of 7.2 websites on their smartphones before making a purchase decision. This is a huge issue. If your website has issues functioning, loading or appearing on a smartphone, then you’re missing out on half (or more) of your audience. Google won’t allow you to rank in their search engine if you don’t provide a good Web experience to the smartphone user. Period. It is a pass/fail test. It’s like closing your dealerships and not allowing at least half of your foot traffic thru the front door. Solution: You must have a responsive site that integrates your equipment into your website and isn’t iFramed in from external sources. A responsive website allows users 31 The Turnrow Volume 20, Issue 4 · July / August 2016 to access your site by a variety of devices and presents the website as it should depending upon the layout of the device. Challenge Four: Dealership Size/Scale Stop believing that you’re just a small dealership and don’t matter online. This is FALSE. Google has set up its entire algorithm for you to win! The question is, are you set up to win? According to Compete.com, TractorHouse.com and MachineFinder.com have had a decrease in traffic of almost 50% year-overyear due to the new algorithm. Solution: Don’t get out of TractorHouse or MachineFinder nationally, but ensure that your website is your online storefront. You want to OWN what you have on your website. Don’t send the user to a competitor because of an accidental click or two in iFrames or allow all your traffic to be sent to the brand’s website. Keep them on your site just as you would try to keep a customer in your showroom. Challenge Five: Retaining Relationships in a Digital World This can be tricky because consumers now have so many choices. You want to have a close relationship with your customers online just as you do in the physical world. I’m sure your customers text you and send you Christmas cards, but think about how to retain relationships in an online world when they have so many choices. Solution: Integrating your business solutions (CRM or Point of Sale) with your website to provide a customer portal with invoices, record of inventory, etc. is important. Another way is through social media marketing. Four in five American adults have Facebook or use social media. People love to interact and feel wanted online. Your equipment dealership can build trust and loyalty through social media. Challenge Six: Responding to Leads Your salespeople have only 20 minutes to respond to an online lead before the conversion rate drops to 12 percent. When consumers are on your website (your online storefront), they fill out a form to request information about a piece of equipment. How long does it take you to respond? Do you respond right away or do you give them enough time to move to the next business? Solution: Reach potential customers before they leave your business’s website using Calldrip. When a consumer fills out a form on your website, your salespeople are automatically notified on their phones. If one salesperson isn’t available, Calldrip’s system moves to the next salesperson available. An available salesperson answers the call and is notified that someone just requested information. The salesperson is then prompted to call the consumer back right away. This allows you, the dealer, an opportunity to set an appointment with the consumer before that person ever leaves the website or looks at another dealer’s inventory. The challenges each of you face in the digital spectrum happen more frequently than ever. Four of the top 10 equipment dealers in the country have created a top-of-the-line website that engages customers, retain them and doesn’t allow iFrames to disrupt the user’s flow. They’re all following Google’s rules because Google is the king. If you follow Google’s rules you will succeed in the online world Google wants you to succeed in. 32 By: Tim Whitley, President & CEO, Team SI The Turnrow Advertising Space is Available! The Turnrow, the Deep South Equipment Dealers Association bimonthly Newsletter is designed primarily as a source of information for its dealer members and others involved in the industry. Distribution is to more than 650 members and contacts. *Discounts available for multi-month contracts. For additional rate information, publication profile, format specifications, advertising deadlines or any additional questions contact Patty at the Deep South Association office at (225) 383-5064. The Turnrow Volume 20, Issue 4 · July / August 2016 Jaron B. Miller Call us today to discuss a retirement plan review. Private Wealth Support Associate [email protected] Office: 504.321.0938 (504) 321-0923 P. David Soliman Private Wealth Advisor www.fpwa.com [email protected] Office: 504.321.0936 We are proud to announce Deep South Equipment Dealers Association has selected Faubourg Private Wealth as the Preferred Partner for 401K Retirement Plan Services. Our strong values and investment services are aligned with your business' needs. We seek to provide: * Cost-saving retirement plan analysis and assistance * Dozens of 401K platforms and unbiased advice to find the right fit * Personal, on-site employee financial education * Greater investment options that put your financial interests first If you haven't reviewed your company's retirement plan or get the feeling your 401K isn't working for you or your employees, let us review the existing plan – with no obligation or commitment to us. Securities offered through LPL Financial. Member FINRA/SIPC. Investment advice offered through Level Four Advisory Services, a registered investment advisor. Level Four advisors Services, LLC, Faubourg Private Wealth Advisors and Deep South Equipment Dealers are separate entities from LPL Financial. The LPL Financial Registered Representatives associated with this company may only discuss and/or transact securities business with residents of the following states: AL, CA, CO, DC, FL, GA, LA, MA, MD, MI, MO, MS, NC, NY, PA, RI, SC, TX, VA, WI. 33 The Turnrow Volume 20, Issue 4 · July / August 2016 Feature What Leadership Needs to Know About Sales In the leadership role you probably already get that sales is the primary key to massive success and prosperity. As you know, the most successful companies sell better and more than everyone else. Starbucks doesn’t have the best coffee, they’ve simply sold an enormous number of people on doing business with them. That said, to ensure colossal success for your company, here are the sales facts you want to ensure your company is living by. Fact #1: Sales has to be at the top of the food chain. Everything starts and stops with sales. Without sales, there is no service department, no installation department, and in fact, no people because you’re out of business. Until a product is sold, nothing moves. No money goes into the bank account, trucks don’t move, customers aren’t helped, nothing gets installed or serviced, and economies stop. Companies go out of business because they don’t sell enough at high enough prices. Companies thrive because they sell enough at the right prices to cover bills, payroll, growth, and mistakes. If you want to thrive in good times and bad times, independent of the economy, the President, rules, regulations, and other factors, you do so with lots of sales. Everyone and everything has to support sales first and foremost. Note: This is not permission for the sales department to run roughshod over everyone, treat anyone like a second-class citizen, or break rules in order to sell something. All business must be clean and ethical, and all other departments treated with the utmost respect and professionalism. Also, for the love of God, don’t ever verbalize “sales department first” to other departments. “Sales first” is an unwritten rule. I don’t want to see this in an e-mail or even scratched on a random notepad in bad handwriting. The other departments need to know and be told they are important. The key point: when push comes to shove, sales comes first. When the receptionist says, “that’s not my job” to a simple, reasonable 34 request from sales, the receptionist’s attitude is addressed, not the salesperson’s demands or expectations. Fact #2: Your focus needs to be on attitude and activity within the sales department. A sales team with superior attitude and activity levels will always outsell a sales team with superior skillset and products. While skillset and product are important, and will be discussed in Fact #3, the actual acts of going out and connecting with a high number of people are paramount. The most important factors are how motivated the sales team is and how many people they talk to and connect with. When you’re hiring salespeople, you’re hiring attitude. You can’t teach drive and work ethic. You’re looking for people who are hungry, with a blue-collar mentality, and a thick skin. You’re also looking for people who are extremely persistent and resilient. They need to follow through and follow up, and follow up, and follow up. Next, what is the activity level? Are they coming in early and leaving late, are they working on the weekends? Are they working on the right things? Are they selling anything? If you aren’t sure of their activity, go on calls with them. You can also call them, ask where they are, and surprise them in the field. I know of one company that tracks their sales reps activity via GPS. They are able to ensure they are making the required 10 to 12 sales calls a day, beginning by 9 a.m. at the latest and finishing by 4:30 p.m. at the earliest. For those of you cringing right now, the only people offended by this will be the people who aren’t doing what they’re supposed to be doing. Bottom line: hire attitude, set expectations around activity level, and hold people accountable. And remember, at the end of the day it’s all about production. They are either paying their way and getting the job done, or they’re not. Fact #3: You must invest in your sales team. A highly effective sales team needs tools, resources, training, and support. Your goal is to have them spending as much time as possible prospecting, presenting, and closing. This is going to take one: support people to do paperwork, order entry, and other non-sales related items, two: tools and resources such as CRMs, computer systems, and other technology, and three: systems and processes that standardize operations and remove all guess work. Among other items, you should have selling system in The Turnrow Volume 20, Issue 4 · July / August 2016 place complete with scripts, competitive information, and anything else that a salesperson could possibly need during an interaction with a prospect or customer. Next, invest in the development of sales skills. While attitude and activity are most important, a sales team that also has great sales skills is lethal. Invest in learning tools such as books, CDs, DVDs, classes, and seminars. Salespeople should be continually practicing, drilling, and rehearsing sales skills in sales meetings, in the car, with you and other salespeople, and even with friends and family members. You should also be throwing objections at them when you simply walk by them in the office. Preparation and knowing exactly what to say are critical. Fact #4: Everyone and everything affects sales. Everyone affects sales at your company from the receptionist, who is the first person people come in contact with, to the janitor, who runs into people walking in and out of your building, to your truckers, your customer service people, and your salespeople. All make an impression, good or bad, and that impression helps determine whether or not people do business with you. Taking it a step further, it’s my belief that because selling is your company’s most important activity, everyone should be directly involved in sales. Everyone knows people and they should all be looking for possible prospects for your product or service. Yes, even the janitor and receptionist. If they pass on a name to the sales department and a sale is made, they should be rewarded with money, a gift, or something else of value, but all employees should be sold on your product and looking for people to help. Everything counts. From clean floors, to correct shipments, to properly spelled names, to all employees interacting with customers with caring and enthusiasm, everything sends a message as to whether or not your company is one people should do business with. Even the smallest item can affect a sale. On that note, you should be shopping your company. Call and see how the phone is answered. Ask for information. Is it sent? Does someone follow up? How and when? If they’ll know it’s you calling, have a friend or family member call. John Chapin is a sales and motivational speaker and trainer. For his free newsletter, or if you would like him to speak at your next event, go to: www.completeselling.com John has over 28 years of sales experience as a number one sales rep and is the author of the 2010 Axiom Awards sales book of the year: Sales Encyclopedia. For permission to reprint, e-mail: [email protected]. What’s in it for me? P L E N T Y ! ! ! DSEDA IS DESIGNED TO MEET YOUR BUSINESS NEEDS www.dseda.org LEGISLATIVE REPRESENTATION Your Association is involved in State Legislative Sessions, identifying and tracking all bills affecting equipment dealers that are relative to our industry. DEALER-SUPPLIER RELATIONS DSEDA works with EDA and other affiliate associations across the nation to work with manufacturers, wholesalers, distributors and other suppliers to address contract and industry topics and help resolve issues. RESOURCE CONNECTIONS Your Association maintains relationships with various resources to help members address employment and labor law issues, dealer contract issues, customer relations, OSHA compliance and workplace safety issues, and environmental issues. BUSINESS INSURANCE Your Association’s recommended provider offers the finest property & casualty insurance coverage for its members, with prompt, personal service, and competitive rates. Estate planning and risk management programs are also available. GROUP HEALTH INSURANCE Your Association provides competitive Group Health, Life, Accident, Dental, Short & Long Term Disability insurance programs with maximum coverage at a minimal cost as well as keeping members apprised of Health Care Reform updates. MONTHLY NEWSLETTERS & INFORMATIVE EMAILS DSEDA provides an on-line publication and informative emails regarding various updates of dealer and Association activities. Special bulletins are issued as occasion demands. CREDIT CARD PROGRAM DSEDA’s Credit Card Program offers customers the convenience and instant credit advantage of VISA or MasterCard cards, at a low, competitive discount rate and a personal follow-up if you experience problems. ANNUAL & SUMMER MEETINGS Annual Educational Conventions and Summer Conferences are conducted each year to interact with dealer principles and/or employees in various aspects of business operations. BUSINESS FORMS & SUPPLIES, PROGRAMS DSEDA supplies you with a complete stock of forms, supplies and programs. Count on a wide selection, competitive pricing and great service! TRADE-IN AND FLAT RATE GUIDES DSEDA members receive special pricing on trade-in guides for agricultural, outdoor power equipment and power sports as well as the Flat Rate Guide for Agricultural Tractors and Combines and the Outdoor Power Equipment Flat Rate Guide. COST OF DOING BUSINESS, WAGE SURVEYS Annual Cost of Doing Business and Wage and Benefit Surveys provide data which allows dealers to compare their dealership expenditures with averages within our geographical area. ENDORSEMENTS DSEDA thoroughly researches various companies to ensure that only those businesses providing services and products with the very highest professional and ethical standards are endorsed by the Association. www.dseda.org Your Association’s website is a “hub” for dealer members, providing instant access to online dealer information and resources, database with a wealth of information available 24-7, 365 days a year. STAFF RESOURCES / INFORMATION Your Association is a source of information as near as your telephone, mailbox, fax machine or computer – a “business partner” that can provide immediate assistance on both day-to-day and long-range operations. Let us prove that membership doesn’t cost . . . it pays! Your link to the power equipment industry is DSEDA!!! P.O. Box 1191 | Baton Rouge, LA 70821 | p. 225.383.5064 | f. 225.383.8581 | www.dseda.org 35 The Turnrow 36 Volume 20, Issue 4 · July / August 2016