The Newsletter

To read these stories and get the latest news online, visit the GNYADA website at www.gnyada.com
For Dealer Principals / General Managers / Sales Managers
The Newsletter
A Publication of Greater New York Automobile Dealers Association
1
JANUARY 2015
Volume 25, Issue 1
HIGHLIGHTS
New Rules for NY Businesses
page 2
Neale Kuperman Sworn in
as NADA Treasurer
page 3
NLRB Approves Quickie
Union Election Process
page 4
GNYADA Dealers Collect
Over 4,500 Coats
page 6
DCA Agrees to Another
Subpoena Extension
page 9
The Newsletter is published by
GNYADA, a not-for-profit
organization representing
franchised automobile dealers
in the New York metro area.
18-10 Whitestone Expressway
Whitestone, New York 11357
Dealer Hotline
718.746.5900
Warren Buffett Headlines at
NY Auto Show Automotive Forum
Warren Buffett, the world’s most famous
investor, will keynote at this year’s NADA,
J.D. Power, and New York International
Automobile Show Automotive Forum on
March 31 at the Grand Hyatt Hotel in
Manhattan. Buffett is Chairman of the
Board and Chief Executive Officer of
Berkshire Hathaway Inc. The one-day
event brings together leaders from OEMs,
suppliers, and the media to discuss how
industry and economic conditions will
shape the future.
“Having recently agreed to buy the Van
Tuyl Group, the largest privately owned
auto dealership group in the U.S. and stating that he fully expects to buy a lot more
dealerships over time, Warren Buffett is
our industry’s most high-profile dealer.
Nobody in the auto industry should miss
his remarks at this year’s Forum,” said
GNYADA Chairman Bob Vail.
In addition to Buffett, the Automotive
Forum will offer a mixture of keynote
addresses and panel discussions. Cadillac
President Johan de Nysschen, IHS Chief
Economist Nariman Behravesh, and CNBC
Squawk Box Co-anchor Becky Quick are
just some of the industry experts who will
go beyond the headlines and explore how
recent developments will impact all aspects
of the auto industry.
The New York International Automobile
Show, J.D. Power, and NADA invite you
to become a part of the 2015 Automotive
Forum in New York City on Tuesday,
March 31.
Registration for the 2015 Automotive
Forum is now open! Early-bird registration
is open though February 6 and costs $495.
After that, registration will run $595. All
registrations include access to NYIAS’
Press Preview days. Visit
www.jdpower.com/resource/2015automotive-forum-registration.
Visit www.autoshowny.com/trade for
more information about trade and industry
events.
www.gnyada.com
The Newsletter • January 2015
1
2
2015 Brings New Rules for New York Businesses
Wage Notices: The annual Payday/
Pay Rate Notice requirement has
been eliminated by an amendment
signed by the Governor late in
December 2014. Dealers must still
provide wage notices to new hires
and when there is a pay rate change.
Minimum Wage: Increased to $8.75
from $8.00 as of December 31, 2014.
OSHA Illness/Injury Reporting:
Dealers must now record injuries and
illnesses that result in days away from
3
Environment: New York has implemented a disposal ban and mandatory
recycling of electronic waste.
Covered electronics include computers (and peripherals such as keyboards and mice), televisions, fax
machines, scanners, and printers
(weighing less than 100 pounds).
Dealers can find out more about these
new rules by attending GNYADA’s
Annual OSHA Seminar on February
26 at CAET. Contact Phyllis Aguilar
at [email protected].
To find out how and where to properly dispose of these electronics, go to
www.dec.ny.gov/chemical/66872.html
for a list of waste collection sites as
well as manufacturer’s programs.
Return Unused 2015 Inspection Stickers
If you have unused 2015 inspection
stickers, you can return them to DMV
for a credit toward future orders. The
deadline for inspection sticker returns
is March 1, 2015. On dealership letterhead, request a credit for 2015’s
unused inspection stickers and indicate the sticker numbers being
returned. Include the facility name,
address, and number (you must do
4
work, loss of consciousness, or medical treatment beyond first aid as
defined by OSHA. See OSHA’s Fact
Sheet Updates to OSHA’s
Recordkeeping Rule: Reporting
Fatalities and Severe Injuries at
https://www.osha.gov/
recordkeeping2014/OSHA3745.pdf.
separate mailings for multiple
facilities) and an employee contact.
6 Empire State Plaza, Room 220,
Albany, New York 12228).
Send the request via Certified Mail
(NYS DMV Bureau of Consumer &
Facility Safety Accounting Unit,
Empire State Plaza, P.O. BOX 2700,
Albany, New York 12220-0700) or
overnight delivery (NYS DMV
Vehicle Safety Accounting Unit,
The credit you receive is good for
one year. You can use the credit on
orders for additional inspection stickers, MV-50 books, and plates but not
for online orders or for the express
mailing of MV-50 books.
AG Orders Dealers to Pay Restitution
The Attorney General has settled
with two NY dealers for charging
fees not associated with a product or
service to customers at the time a
vehicle was being purchased. The
AG considers such fees a deceptive
practice. In addition to paying
approximately $150,000 in restitution,
one dealer will pay more than
$20,000 in penalties to the Attorney
General’s Office. The other dealer
needs to repay $87,000 to 174
customers as well as a penalty of
$50,000 to the AG.
These dealers charged what amounts
to “end of lease buyout fees” when a
vehicle was purchased at the end of
the lease term. This fee was not
included in the negotiation process
and consumers only learned of it
when buying out the lease. The AG
claimed the fee was a deceptive practice because there was no commensurate service or benefit in exchange for
consumers paying the fee.
Preprinted Fees
Only the Doc Fee can be preprinted
on your documents. GNYADA frequently receives inquiries regarding
permissible preprinted fees on buyer’s
Greater New York Automobile Dealers Association • www.gnyada.com
2
and repair orders. Preprinting fees can
lead customers to believe they are
mandatory, State-imposed fees or otherwise non-negotiable fees. Both the
New York State Attorney General and
the DMV consider preprinted fees
deceptive and misleading.
As this continues to be a gray area,
the Association is seeking clarification from the Attorney General’s
Office on permissible use of preprinted fees. If you have any questions
about preprinted fees, call Sue Bieber
at 718.746.5900.
The Newsletter • January 2015
5
Neale Kuperman Sworn in as NADA Treasurer
NADA’s 98th annual convention was held in San
Francisco from January 23 to 25. Neale Kuperman
(pictured) was sworn in as Treasurer of the organization,
which represents more than 16,200 new car dealerships
with both domestic and international franchises.
At the same time, New Yorker Bill Fox was sworn in as
NADA Chairman. With more than 16.4 million new cars
and light trucks sold in 2014, Fox says that “NADA has
forecasted sales of nearly 17 million news cars and light
trucks for 2015. More sales mean more employment and
more opportunity for the auto retail industry.”
David Karp was among the TIME Dealer of the Year
Award recipients, which honors dealers who excel in business and work diligently and untiringly to help their communities and their industry.
convention. Attendees had a choice of 120 workshop sessions in 24 categories to learn about the latest trends and
opportunities.
A record number of dealers attended this year’s
Congratulations to the new 2015 Executive Committee.
6
General Motors Agrees to Follow NY Franchise
Law for Labor Rate Reimbursement
As we reported in December, GM
recently released its Service Policies
and Procedures Manual, which purports to govern how and when a GM
dealer may seek to alter its labor
reimbursement rate for warranty
work.
The Manual, as presented to dealers,
is not consistent with NY franchise
laws and raised serious concern that
GM dealers in NY would not have
their labor rate increase submissions
granted by GM.
GNYADA President Mark
Schienberg, wrote to GM expressing
concern and reminding GM of its
obligations under New York franchise
laws. GM assured Mr. Schienberg of
its intention to comply with New
York requirements and would not
enforce any policies that were inconsistent with New York law.
We have received a recent report that
GM is, in fact, abiding by New York
law in granting labor rate increases
submitted pursuant to New York
Franchise Law.
To properly make a labor rate submission under New York law, a dealer
must gather 100 sequential repair
orders or the number of sequential
repair orders written within a 90-day
period, whichever is less, covering
repairs made no more than 180 days
before the submission. A calculation
is then made of the average labor rate
on repairs, excluding any repairs
involving:
(a) parts sold at wholesale;
(b) tires;
(c) routine maintenance not covered
under any retail customer
warranty such as fluids, filters,
and belts;
(d) vehicle reconditioning; and
(e) batteries replaced as part of a
routine maintenance operation.
If your dealership is interested in
participating in GNYADA’s Warranty
Parts Reimbursement Program for
parts and labor, please see the
enclosed flyer and contact Bill
Cordes at the Association.
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To begin your Warranty Parts Reimbursement Submission
for your dealership contact, Bill Cordes at 917.763.5318
or email Phyllis at [email protected].
GNYADA thanks Richard Sox, Esq., of Bass, Sox, Mercer for this article.
Greater New York Automobile Dealers Association • www.gnyada.com
The Newsletter • January 2015
3
NLRB Approves Quickie Union Election Process
The National Labor Relations Board (NLRB) has finalized a rule that reduces the time period between filing a
petition and a union election. If caught off-guard or unprepared, dealers may not have an opportunity to prepare for
an organizing campaign prior to employee voting.
The new NLRB rule also allows for new technology, such
as electronic filing and transmission of election petitions
and other documents.
Key Changes to Election Procedures
n
n
n
n
n
n
n
n
A compressed election period of approximately 13-21
days (down from an average of 38-42 days).
A new requirement that employers post a Notice of
Petition, and in some cases send it to all affected
employees, within two business days after the NLRB
serves the employer with the notice.
The pre-election hearing will now be scheduled within
eight days from service of the Notice of Petition.
Takeaway for Dealers
Many of the changes imposed by this new ruling put dealers facing a union campaign at a severe disadvantage. The
shortening of the election campaign, the loss of the ability
to contest voter eligibility prior to the election, and the
loss of the right to have the Regional Director’s decision
regarding election challenges reviewed will make it more
difficult for employers to fend off union campaigns.
Dealers must also pay careful attention to the new, shorter
deadlines for providing certain information.
Finally, dealers may also want to encourage, but not
require, employees to communicate directly with the dealer if there are issues of concern so that the employees feel
that the dealer is addressing any problems and that they
might not need union representation.
If you are a member of GNYADA’s Employee Relations
Plan (ERP), you would qualify for assistance if an election petition is filed at your dealership. Legal fees
incurred in the course of the election may be reimbursable
under the ERP.
The employer must now provide the union with the
name, job classification, work location, and work shift
of all employees in the election unit by noon on the last
business day before the pre-election hearing.
Voter eligibility determinations will not be made until
after the election.
Impact of Recent NLRB Decisions
on Your Dealership
Employers must now provide the so-called “Excelsior
list,” a list of all eligible voters in the election unit, to
both the union and the NLRB, not later than two business days after the election order.
MAY 13, 2015
The Excelsior list must contain not only the name,
home address, work location, shift, and job classification of voters but employees’ phone number (including
cell phone number, where applicable) and email address
as well.
Review of the Regional Director’s decision by the full
NLRB is no longer available as a matter of right.
A comparison of the old and new procedures is available
on a chart prepared by the NLRB and available on
GNYADA’s website at
www.gnyada.com/dealers/news/NLRB
Greater New York Automobile Dealers Association • www.gnyada.com
4
Labor Law Seminar
9:30am -11:30am
Center for Automotive Education & Training
Save the Date
7
The NLRB has been very active, for instance recently
ruling that employees may be permitted to use dealership email systems to send union emails. This decision along with the change in election rules and others impact day-to-day operations of dealerships.
Speaker:
James E. McGrath, III, Esq.
Putney, Twombly, Hall & Hirson
Mr. McGrath will discuss the influence of the NLRB
decisions on dealerships.
To register call Phyllis at 718.746.5900 x271
The Newsletter • January 2015
8
Manufacturer Right of First Refusal
The number of buy/sells has sky
rocketed recently, and there’s been an
uptick in manufacturers taking control of the purchase by using their
right of first refusal.
Most Dealer Agreements require the
manufacturer to inform a selling dealer when it (the manufacturer) intends
to step into the shoes of a buyer and
assume the obligations in the purchase agreement. This provision also
allows the manufacturer to assign its
right to a third party (typically, a dealer preferred by the manufacturer).
New York Franchise Law
Under the terms of most Dealer
Agreements, a selling dealer must
present a signed purchase agreement
to the manufacturer for approval
along with supporting information
related to the prospective purchaser.
New York franchise laws give the
manufacturer 60 days from receipt of
all reasonably requested information
to render its decision.
In addition to an approval or a denial,
the manufacturer can within that 60day period exercise its right of first
refusal. In so doing, the manufacturer
steps into the shoes of the prospective
purchaser.
Multi-Franchise Buy/Sells
It is important to remember that court
cases have made clear that a buy/sell
agreement for a multi-franchise store
must break out the value being paid
for each franchise. The reasoning is
that a selling dealer cannot frustrate a
manufacturer’s right to purchase, or
assign the purchase of, its (the manufacturer’s) franchise by proposing the
sale of a number of franchises for a
single price. This would leave manufacturers with no option other than
acquiring vehicles that the
manufacturer does not produce
(for example, Nissan having to purchase a dual Nissan and Chevrolet
operation).
Dealers should consult with experienced motor vehicle franchise counsel if they have any questions associated with the sale of their dealership
or a manufacturer’s right of first
refusal.
This article is provided for
informational purposes only and is
not to be construed as legal advice.
GNYADA thanks Richard Sox, Esq.,
of Bass, Sox, Mercer for his
contribution to this article.
Recent Franchise Law Successes
n
n
One of our members scored a significant victory in its fight
against General Motors to keep its franchise. The
Administrative Law Judge in the trial ruled in favor of the
dealer, thus negating Chevrolet’s efforts to terminate the
dealer due to claims of an underachieving franchise.
A local GM dealer has successfully filed for a labor rate
increase after GM agrees to follow NY Franchise Law.
Need another copy of our Franchise Law Brochure that
highlights the new amendments we were able to put forward? Contact Phyllis Aguilar at 718.746.5900, ext. 271,
or [email protected] to request more copies.
Greater New York Automobile Dealers Association • www.gnyada.com
The Newsletter • January 2015
5
GNYADA Dealers Collect Over 4,5
The Greater New York Automobile Dealers Association and more than 60 of its franchised new car dealer
members collected more than 4,500 winter coats for needy New Yorkers this winter. This year marks the
third year that GNYADA has participated in the annual New York Cares Coat Drive, bringing our total
donations to nearly 10,000 coats.
Just days before the holidays, GNYADA directors, members, and staff delivered
the bulk of the coats to the New York Cares collection center in Manhattan so that
they could be distributed to the individuals who desperately need them.
This year, GNYADA reached out to local legislators who came to dealerships and
used social media to help get the word out about the collection sites to their constituents.
Greater New York Automobile Dealers Association • www.gnyada.com
6
The Newsletter • January 2015
500 Coats for New Yorkers in Need
Congratulations and thanks to all who participated. We look forward to working
with you again next year.
Babylon Honda
Bayside Volkswagen
Biener Audi
Bright Bay Auto Group
Center for Automotive Training
& Education
Chevrolet of Smithtown
Classic Audi
Competition Toyota
Dana Ford Motors
East Hills Chrysler Jeep Dodge
Ford Lincoln of Huntington
Greater New York Automobile
Dealers Association
Habberstad BMW of Bay Shore
Helms Bros. Inc.
Infiniti of Massapequa
Island Acura
Karp Buick Kia Volvo
LaSorsa Auto Group
Legend Nissan
Lexus of Mt. Kisco
Life Quality BMW
Manhattan Motorcars Inc.
Mercedez-Benz of Manhattan
Merrick Dodge Chrysler Jeep
of Wantagh
Millennium Hyundai
Morrissey GMC Truck
Nardy Honda
Nemet Hyundai Kia Nissan
Park Ford of Mahopac
Penn Toyota
Porsche of Huntington
Potamkin Hyundai
Potamkin Mitsubishi
Premier Ford Lincoln Inc.
Rallye Motors
Ramp Ford
Riverhead Auto Mall
Rockland Toyota
Smithhaven Chrysler Jeep Dodge Ram
Smithhaven Mazda
Smithhaven Mitsubishi
Smithtown Acura
Smithtown Toyota
Storms Motors
Sunrise Toyota
The Rallye Auto Group
Vail Buick GMC
Greater New York Automobile Dealers Association • www.gnyada.com
“
We are thrilled that
dealers played
a part in helping to
keep New Yorkers
warm this winter.
Community
involvement is a
fundamental part
of dealership life,
and this great effort in
support of New York
Cares is no exception.
”
– GNYADA Chairman Bob Vail
GNYADA would like to thank everyone involved in this year’s Coat
Drive and make special mention of
Freeman, the exhibit services
provider to the New York Int’l Auto
Show, for donating trucks and manpower to make the delivery of the
coats to New York Cares possible.
The Newsletter • January 2015
7
10
Looking Back on 2014 but Not for Long –
2015 Is Here
We may be starting a new year, but let’s take time to
reflect on some of the highlights the association had
throughout the past year.
GNYADA successfully incorporated more than 20
amendments to the Franchise Law, earned dealers that
participated in the Association’s Workers’ Compensation
package dividends of up to 27%, collected 4,500 coats
for New Yorkers in need, raised $100,000 for auto education students, won numerous awards, and much more.
In looking ahead to the new year, GNYADA will continue to keep dealers on top of important, ever-changing
issues, trends, and legislation within the franchised new
car marketplace.
In addition to influencing legislation, the Association will
continue to provide dealers with compliance solutions,
newsletters, seminars, invitations to association events,
access to members-only offers, as well as many other
benefits that support the needs of our members and the
communities they serve.
Here’s to our continued growth and success in 2015!
– Bob Vail, Chairman
Some Highlights of 2014
Government/Regulatory Affairs
n An updated 2014 Franchise Law incorporated 20-plus
amendments that increase protections for dealers.
n New York City Department of Consumer Affairs
delayed its subpoena response deadline regarding sales
of used cars with open recalls.
n Over $60,000 raised by GNYADA members in support
of NADA’s DEAC initiatives.
Community Outreach
n More than 4,500 coats were collected by GNYADA
dealerships for the annual NY Cares Coat Drive.
n Our annual charity golf outing raised more than
$100,000 towards automotive education scholarships.
n Six Resusci-Anne manikins were donated by
GNYADA dealerships to local fire and EMT stations.
Dealer Services
n Three new counties – Dutchess, Putnam, and Orange –
joined GNYADA’s roster.
n We secured the lowest statewide price for mandated
surety bonds.
n A waiver of the one-year waiting period for new
dealers participating in DMV’s Dealer Plate Issuance
Program (DPIP) was granted.
Insurance Brokerage
n The Associations’ Workers’ Compensation package
earned dealers dividends of up to 27%.
n New programs offered to members included Flexible
Spending Accounts, Long-Term Care Insurance, and
Individual Life Insurance.
Awards
n EXPO Magazine awarded NYIAS Best Overall Show,
Best Consumer Event, and Best Marketing Collateral.
n BizBash named Alan Liebensohn its Person of the
Year.
Center for Automotive Education & Training
n Lincoln Technical Institute graduated 389 students in
2014. We anticipate nearly 3,400 graduates by the
CAET’s 10th anniversary later this year.
n Hosted nearly 70 training sessions for automobile
dealership staff.
DMV-DIRECT
n Completed nearly 118,000 title and registrations for
New York.
n Performed 3,100 out-of-state titles and registrations.
n Submitted more than 4,500 duplicate title applications.
Greater New York Automobile Dealers Association • www.gnyada.com
8
The Newsletter • January 2015
11
DCA Agrees to Another Subpoena Extension
New Date Is March 27, 2015
At a recent meeting with the New
York City Department of Consumer
Affairs, DCA’s General Counsel
agreed to GNYADA’s latest request
to postpone the deadline for responding to the subpoenas it had issued to
New York City automobile dealers
back in July 2014. The new deadline
has been moved to March 27, 2015.
The subpoenas were issued to more
than 200 dealers alleging that dealers
who sell vehicles with an open recall
are engaged in a deceptive practice.
GNYADA has contested DCA’s
12
interpretation of the existing law and
continues to work with both City
Council members and DCA on
finding a satisfactory solution.
Part of the problem lies in the definition of the word “recall.” An article
in The Detroit News reports, “In the
midst of a record year of recalls that
has Washington, D.C., watching the
automotive industry more than any
other time since the 2009 bailout,
some believe it is the right time to
reform the nation’s recall system
under the National Highway Traffic
NADA worked with NHTSA to provide a single resource for dealers to
determine if vehicles in their inventory were subject to open recalls. In
August, NHTSA launched on online
source listing all vehicles with open
recalls. Simply input the Vehicle
Identification Number (VIN) at
www.safercar.gov/vinlookup and get
the information you need.
Remembering
Mario Cuomo
New Labor Law Posters
Some changes to the
Labor Law require you
to notify employees.
GNYADA supplies
members with posters
that reflect these
changes. With the
recent increase in the
NYS minimum wage,
you’ll need a new
poster to display. Two
copies are being sent
to members.
Safety Administration. But there’s no
agreement on exactly how to do it.”
The new year started off with the
sad news of the death of Mario
Cuomo at the age of 82.
Labor Law Compliance Posters for
Metro New York Area New Car Dealers
Please post in a conspicuous location.
The three-term New York State
governor died shortly after his
eldest son, Andrew, was sworn in
for a second term as New York
governor.
Serving metro area dealers since 1910.
Provided by Greater New York Automobile Dealers Association.
The new poster will
reflect the changes to
the minimum wage for
this year and next. The
poster includes 14 separate required notifications within a single
poster and it needs to
be displayed in a conspicuous location for
all employees to see
and read. The NYS
DOL audits dealerships to ensure compliance with labor law posting
requirements. GNYADA supplies posters free of charge as a benefit of
membership. Please contact Susan Bieber at 718.746.5900 or
[email protected] if you have any questions.
Call 718.746.5900 to reorder. Poster #14-1
Greater New York Automobile Dealers Association • www.gnyada.com
© GNYADA 1/2015
In 1984, GNYADA worked extensively with Governor Cuomo on
the development of the Lemon
Law. NY became the first state in
the nation to enact a “lemon law”
to protect buyers of faulty used
cars, trucks, and vans. Cuomo
signed the bill into law saying,
“NY’s used car lemon law is one
of the most forceful pieces of
legislation in the country.”
The law ordered a mandatory
warranty for used vehicles and
allows buyers of defective used
vehicles to receive a refund or
replacement if they purchased it
from a dealer for at least $1,500.
GNYADA sends its sincere condolences to the Cuomo family.
The Newsletter • January 2015
9
13
Community Right-to-Know Filings Due March 1st
If your dealership is in the five boroughs of NYC, now is the time to
start planning your annual
Community Right-to-Know (RTK)
filing. As you know, reports are due
each year on March 1, and stiff fines
are imposed for non-compliance.
And those with filing irregularities
may raise red flags, putting themselves at risk for unscheduled inspections by the New York City
Department of Environmental
Protection (NYCDEP).
Any hazardous substances at your
facility meeting the Threshold
Reporting Quantities (TRQ) at any
time during 2014 must be reported in
your 2015 filing. The report must list
all hazardous materials and provide
detailed information for each, including Safety Data Sheets (SDSs, formerly known as Material Safety Data
Sheets [MSDSs]) for each substance.
All affected containers must be
labeled, and you must keep a copy of
their unique Facility Inventory Form
(FIF) on premises.
RTK reports for GNYADA members.
Give them a call at 516.624.7200 to
find out how you can get a jump on
your filing and receive a discount.
You can also visit walden-associates.com for more information.
Unfortunately, this procedure can be
complex and time-consuming.
GNYADA Allied Member Walden
Associates has filed more than 500
SAVEtheDATE
JUNE 15, 2015
Old Westbury Golf & Country Club, Long Island, New York
Registration opens in February.
Many sponsorship opportunities available.
Contact Jennifer at the Association for more information, 718.746.5900 ext 235 or [email protected].
Brought to you by
Greater New York Automobile Dealers Association • www.gnyada.com
10
The Newsletter • January 2015
14
Changing Employee Pay Plans – Wage Notice
Options
The Association recently notified you about changes to the
Wage Theft Prevention Act, which eliminated annual
wage notices to employees. However, other provisions of
the law remain in effect. For instance, dealers must continue to provide Payday/Pay Rate Notices to new employees. This notification must also be provided seven (7) days
before the change takes effect, if the change won’t be
reflected on the employee’s pay stub/statement.
New Notices are also mandated when either a change in a
pay plan results in a new commission agreement or if
there is a reduction in an employee’s wage rate (and the
employee has received prior notification of the implementation of the reduced pay rate).
Employee Raises
Employees receiving pay increases may be notified
through a Payday/Pay Rate form, or alternatively, dealers
may rely on the change in pay rate reflected on the
employee’s pay stub to notify employees of an increase in
pay if the applicable changes are reflected in pay stubs
that comply with each and every requirement below.
Each pay statement must list the following (see below;
the numbers here correspond with the ones below):
The employer’s name, address, and phone number;
The employee’s name;
The dates of work covered by the applicable payment
of wages;
4-6 The rate or rates of pay and the basis for the rate, for
example, whether the employee is paid daily or weekly based on hours or shifts worked, pieces produced,
salary, or commission;
7 Allowances claimed as part of the minimum wage, if
applicable; and
8 Gross wages;
9 Deductions;
10 Net wages.
1
2
3
Record Retention
Dealers must keep these payroll records for six years.
Dealers should review their Payday/Pay Rate notice
procedures to ensure compliance and call the Association
with any questions.
SAMPLE WAGE STATEMENT (PAY STUB): REQUIRED INFORMATION
Wage Statement (pay stub): Required Informa on under Sec on 195.3
1 Employer name, address, and phone number
1.
22. Employee name
3
3. Dates covered by payment
44. Basis of payment
(hourly, salary, etc.)
55. Rates paid (regular and
over me)
ABC Company, Inc.
1 Main Street Any town, NY 10000 Ph: 518-457-9000
Pay Date: 4/14/15
No: 0001
Employee: John Doe
Rate: Hourly Hours
Regular
8.75
40
13.13
Hours
Over me
5
Allowance/ Gross
Credit
Current
350.00
65.65
66. Hours worked (regular
and over me)
77. Allowances or Credits
Pay Period: 4/5/14 - 4/11/14
Uniform pay
Meals (3)
$10.90
$9.00
Gross
Year to Date
1050.00
196.95
FICA
Fed WT
NY WT
Disability
Garnishment
10.90
9.00
32.70
27.00
435.55
1306.65
Deduc ons
Current
Deduc ons
Year to Date
-33.32
-43.56
-13.10
- .60
-35.00
-99.96
-130.68
-39.30
-1.80
-105.00
- 9.00
-27.00
-125.58
-403.74
Net Pay
Vaca on
Year to Date
88. Gross wages
99. Any deduc
wages
ons from
Vaca on Hours Earned .75
2.25
$309.97
10
10. Net wages
This sample wage statement shows the basic requirements under Se on 195.3 for a non-exempt employee
paid by the hour, covered by the Miscellaneous Wage Order. Please note that there may be addi onal
requirements based upon the speciĮc pay agreement and/or wage order coverage.
LS 49 (12-14)
Greater New York Automobile Dealers Association • www.gnyada.com
The Newsletter • January 2015
11
15
Auto Show
and Dealer
Advertising
Agency
Closes After
33 Years
EMPLOYMENT CORNER
GNYADA’s Employment Corner is a free recruiting and job placement
service that lists qualified candidates for positions at dealerships. If you
have a position to fill, call 718.640.2012.
POSITION
RESIDES IN
FILE #
OFFICE
Biller
Bronx
100
Biller/Bookkeeper
Forest Hills
101
Bookkeeper
Bronx
102
Controller
Middle Village
103
Receptionist
Whitestone
104
Parts Counterperson
Queens
105
Service Cashier
Brooklyn
106
SERVICE
The elegant owner of George
Gerrard and Associates, Barbara
George, retired at the end of
January. For 33 years, George
Gerrard and Associates handled
dealer advertising for the New York
International Auto Show and
GNYADA members throughout the
Metro New York area.
“Barbara was part of the team that
helped transform the New York
International Auto Show from a
regional event into the globally
important Show that it is today,”
said Mark Schienberg, GNYADA
President.
“We are indebted to her for her
professionalism, enthusiasm, and
friendship over the years,” he
continued.
On behalf of everyone at
GNYADA, we wish Barbara every
happiness in her retirement.
Entry-Level Service Technician Bronx
107
Huntington Station
108
Lynbrook
109
Seaford
110
Contact Us:
18-10 Whitestone Expressway | Whitestone, NY | 11357
Dealer Hotline: 800.245.4640
GNYADA Headquarters: 718.746.5900
E-Mail: [email protected]
DMV-DIRECT: 718.747.0400
GNYADA Insurance Brokerage, LLC: 718.746.8100
New York International Automobile Show: 718.746.5300
Center for Automotive Education and Training: 718.640.2000
The information contained in this newsletter may not be relied upon for the
avoidance of tax penalties. Readers are urged to discuss any issues raised in
this newsletter with their legal and tax professionals.
Printed on FSC certified material. All original material except where noted. © GNYADA 2015
Greater New York Automobile Dealers Association • www.gnyada.com
12
The Newsletter • January 2015