Dateline: NH

Transcription

Dateline: NH

June 2012
Dateline: NH
a publication of the New Hampshire Automobile Dealers Association
Photo by Nathaniel Stout
Peggy Proko Honored for Her Second Term as Chair
Peggy was presented with her portrait in gratitude for the completion of her most recent term as NHADA Chair during the
NHADA Annual Meeting Tuesday, May 22, at the Radisson Hotel Manchester. For more photos, see page 13.
WCT Board Approves $3.7 Million Rebate
Peter Sheffer, WCT Director
N
HADA’s Workers’ Compensation Trust (WCT) Board of Trustees and staff are
very pleased to announce the return of $3.7 million dollars in rebates to our
members for 2012.
Funds from 2005 through 2010 have been released for return, based on the recommendation of the WCT’s actuary. This rebate maintains the WCT at the 99 percent
confidence level ensuring that the retained reserves will cover all past, present, and
unreported claims. As in past years, the money from the most recent fund year is held
in reserve pending the development of the 2011 claims.
The year 2011 was challenging for claims due to the heavy snow fall in the first
quarter of the year. Heavy snowfall resulted in higher-than-normal total incurred costs
due to an increase in slip and fall claims. These costly claims will have an impact on
the future year’s rebates. The WCT claims department is working hard to bring the
2011 claims to cost effective resolutions. The loss prevention department’s slip and
fall contest heightened members’ awareness of the hazards of snow and ice and helped
reduce claims in the fourth quarter of 2011.
Medical costs continue to be the main cost driver for workers’ compensation. The
frequency of claims continues to decrease, but the costs of reported claims continues
Rebates – continued on page 3
to increase. The determining factor in the
The Moose is Loose – page 8
Enjoy A VIP Day at the Races
Entertain your clients or employees for the
upcoming LENOX Industrial Tools 301
NASCAR race at New Hampshire Motor
Speedway on July 15 or at the SYLVANIA
300 on September 23!
Speedway – continued on page 2
Dateline: NH
Date
Speedway – continued from page 1
2012-2013 NHADA OFFICERS
Chairman
Donna Gaudet Hosmer
1st Vice Chair
Andy Crews
2nd Vice Chair
Chris Weiss
Treasurer
Holly Carlson
Secretary
Eileen Sleeper
President
Peter J. McNamara
Be part of the largest sporting events in
New England and enjoy it in VIP style!
Package A – Premium reserved grandstand seat and NHADA VIP pre-race
hospitality tent access with picnic-style
food. Total value, $225; special NHADA
member price, $99.
Package B – Reserved grandstand seat and
NHADA VIP pre-race hospitality tent
access with picnic-style food. Total value,
$203; special NHADA member price, $79.
Hospitality only – Already have your
favorite seat purchased? No problem!
Upgrade to include NHADA tent and
food. Total value, $115; special NHADA
member price, $20.
Additional discounts are available for
group orders of 25 people or more.
Offer expires June 8, 2012. Contact Wendy
Hayes at the NHMS 603-731-4157. 2012-2013 NHADA DIRECTORS
Peggy Proko, Immediate Past Chairman
Marc Bourgeois, At-Large Franchised/Independent
Michael Cooney, Independent Used Car
Roger Groux, At-Large
William Gurney, Independent Repair/Service
Paul Holloway, Honorary
Scott Holloway, At-Large
Jim Lagana, Heavy Duty Trucks
Mike Kopp, Independent At-Large
George Mullin, Motorcycles
Ken Plante, At-Large
AIADA DIRECTOR
Peggy Proko
NADA DIRECTOR
Jack Tulley
This publication is designed to provide accurate and
authoritative information in regard to the subject matters
covered. In publishing this newsletter, neither the
authors nor the publisher are engaged in rendering legal,
accounting, or other professional services. If legal advice
or other expert assistance is required, the services of a
competent professional should be sought.
Advertisements appearing in
Dateline: NH do not indicate
a specific endorsement by NHADA
of the products or services unless
the NHADA endorsement symbol
appears with the advertisement.
Endorsed by
NHADA
Published monthly at Bow, New Hampshire,
by the New Hampshire Automobile Dealers Association.
Mailing address: P. O. Box 2337, Concord, NH 033022337, 603-224-2369/
800-852-3372.
STAFF
Publisher
Donna Gaudet Hosmer
Editorial Director
Peter J. McNamara
Managing Editor
Nathaniel Stout
Design and Layout
Advertising Coordinator
Lisa Lavoie
Photographer
Michael Rosenblum
ADVERTISING RATES
Full Page:
Color $700
B&W $575
1/2 Page:
Color $450
B&W $375
1/3 Page:
Color $375
B&W $300
1/6 Page:
Color $300
B&W $250
www.nhada.com
page 2
New Members
MPi
3508 East Sunset Road, Suite 107
Las Vegas, NV 89120
817-320-6454
Contact: Maureen Martin
Stratham Automotive LLC
dba AutoFair Nissan
32 Portsmouth Avenue
Stratham, NH 03885
Owner: H. Andy Crews
Amherst Total Car Care
dba Aamco, LLC
100 State Route 101A
Amherst, NH 03031
889-5098
Owner: Mario Bartoli
Wissler Auto Group LLC
dba Volkswagen of Rochester
20 Farmington Road
Rochester, NH 03867
332-6242
Owner: Dwight Wissler
Autosounds of NH, Inc.
61 Epping Road
Epping, NH 03833
778-1402
Owner: Thomas Hemenway
Inside this Issue
Benefits
Why NHADA Sponsors Compass SmartShopper ...................................... page 4
Departments
From Your AIADA Director – Our Work Has Paid Off ..................................... 6
NADA News: Facility Upgrades – Your Voice is Being Heard .......................... 14
Features
The Moose Is Loose On NH Highways ............................................................. 8
NHADA Annual Meeting and Partner Expo ................................................... 13
Education
Changes to HazMat Guide Prompt New Class .................................................. 9
Legal
Spring is Here... Are You Ready for The Summer Hiring Season?..................... 10
June 2012
Dateline: NH
Date
Rebates – continued from page 1
NH Workers’ Compensation Statute
for paying medical costs is whether the
treatment and bills are reasonable and
necessary. Forty-four other states in the
country utilize fee schedules to control
workers’ compensation medical costs.
The proposed Senate Bill 71, a workers’ compensation fee schedule, which
NHADA supported, was killed (deemed
“inexpedient to legislate”) by the Senate in
February 2011. We will be working with
other self-insured groups and commercial
insurance carriers to renew interest and
support for a workers’ compensation
medical fee schedule. For that, we will
be seeking out grassroot support from
WCT members.
Remember, your rebate is based
on your claims experience. Although
members do not have direct control of
the medical costs associated with workers’
compensation claims, there are many
things that members can do to reduce
their overall workers’ compensation costs:
t%FWFMPQQPMJDJFTUPJOTVSFZPVSFNployees report injuries on the day of
injury.
t$POUBDU/)"%"/VSTF$BTF
Manager, Marta Robbins immediately upon notice of an injury to
ensure the employee receives the
best and most appropriate treatment
within the comp mc managed care
network.
t6TFUIF&NFSHFODZ3PPNonly for
life threatening injuries.
tFax the completed First Report of
Injury to the NHADA WCT claims
department 603-224-8126, the day
the injury is reported to you.
tShare information with the claims
department; actively participate in
the investigation of injuries.
tProvide light-duty work for the
injured workers as soon as they
are released by the doctor to perform it.
tActively participate in a Safety
Committee; start one if you do not
already have one.
Rebates – continued on page 7
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M M M M
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June 2012
M
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Featuring:
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page 3
Dateline: NH
Date
BENEFITS CORNER
Why NHADA Sponsors Compass SmartShopper
Laurie Churchill, Account Producer
T
he first annual health insurance rate report was issued
by the New Hampshire Insurance
Commissioner on April 13, 2012.
The report better identifies the cost
drivers that lead to health insurance
premium increases.
The focus of this report was to break
down the premium cost growth measured
between 2009 and 2010 to determine
which components of cost contributed
most to that growth.
It comes as no surprise that the report
illustrates that outpatient facility costs
were the biggest driver of claims costs
and premium levels. Looking at costs historically, the growth rate for these services
grew nearly twice as quickly (12.8 percent)
as other services such as inpatient hospital
stays, physician services, and pharmacy,
for instance.
Services that were noted as being particularly expensive and responsible for this
growth included outpatient surgery, outpatient laboratory, and intravenous drug
infusion therapy. That’s why NHADA
sponsors the Compass SmartShopper pro-
Platinum
gram for employees and their families who
are covered through NHADA’s Anthem
BCBS plans. Our goal is to reduce this
trend for our members.
Compass SmartShopper is a voluntary
service used to provide the names of
cost-effective facilities for 35 of the most
common outpatient procedures that have
large cost variations.
Shop with Compass SmartShopper at
least 24 hours prior to each procedure, then visit a cost-effective
location identified during the
search to earn a cash reward.
Compass offers a tiered incentive reward format. Earn a
maximum reward when visiting
the most cost-effective location, but still
be rewarded when using the second or
third most cost-effective facility. There is no
limit to how many incentives can be earned.
All it takes is one toll-free phone call
before the service takes place.
Examples:
By choosing a cost-effective facility,
employees and their families can save
money, earn cash rewards and help avoid
Incentive Amount
Incentive Amount
Incentive Amount
(MOST
cost-effective)
(Second most
cost-effective)
(Third most
cost-effective)
Hernia Repair
$250
$100
$50
MRI
$150
$75
$50
CT Scan
$150
$75
$50
association partner
F & I Resources
F&I training and reinsurance specialists
For more information, please contact Brad Heim at bheim@fireresources. com, Jason Bayko at
[email protected], or Bob Hunter,at [email protected] or call 508-624-4344.
higher claims costs. If we all chip in and
do our part, we can make a dent in our
future health insurance premiums.
For further information, please contact
Laurie Churchill at lchurchill@nhada.
com or call the Insurance Division at
800-852-3372. Buy from Yourself
www.NHADA.com/store
www.NHADA.com/store
Brad Heim
page 4
Jason Bayko
Bob Hunter
June 2012
Dateline: NH
Date
June 2012
page 5
Dateline: NH
Date
Our Work Has Paid Off
FROM YOUR AIADA DIRECTOR
Dear Friends,
The auto industry is on
a roll. Consumers are
back in showrooms,
which are well-stocked
with fresh models. The
result? Sales are up.
Peggy Proko
In May, the industry
improved to the tune of a 2.3 percent
increase from last April and was up 10.3
percent for the year-to-date. The seasonally
adjusted annual rate (SAAR) has remained
in positive territory at 14.4 million vehicles, versus just 13.2 million a year ago.
I’m encouraged to see our industry
slowly emerging from the doldrums of
the past couple of years. As dealers, we’ve
made drastic changes to the way we do
business, and our work has paid off. It’s
a pleasure to be part of the ranks of so
many hard working men and women
who labor day-in and day-out to build
businesses that improve the lives of their
employees, support their communities,
and contribute to the overall economy.
When things are good and the worst of
the storm has passed, there’s a temptation
to grow complacent. However, for dealers, clouds always hover on the horizon.
Without our vigilance, they have the
potential to become full-blown storms.
These clouds include efforts by the
National Labor Relations Board (NLRB)
to give unions easier access to employees
by shortening the period needed to hold
elections from the current 45 to 60 days
to just 30 days. Such “ambush elections”
drastically shorten the time for managers
and employers to respond to a call for
unionization. In late April, the Senate attempted to overturn the new rules, which
took effect on April 30. The attempt failed
by a vote of 54 to 45, leaving the rules
intact. Dealers should take note of how
the new regulations could potentially
impact their businesses.
Efforts to stymie free trade also represent a significant cloud for international
dealers. In recent months, I have explained
Japan’s interest in joining the Trans Pacific
Partnership (TPP). It has faced opposition
from many in the U.S. The fact is Japan is
a pivotal trade and business partner for the
U.S. Efforts to exclude it from the TPP are
E
Exiting your dealership today is commonplace.
Doing it right requires expert guidance.
How you exit your dealership today will affect the rest of your life. To avoid
costly mistakes and optimize the value of your assets, you need a trustworthy advocate with a record of results and a reputation for excellence.
From determining your dealership’s true value to orchestrating
the many legal, financial and franchise issues in your best interest,
Nancy Phillips Associates is a name you can trust.
%2%1)=39'%286978`7-2')
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dealership sales · evaluations · liquidations
.. · [email protected] · www.nancyphillips.com
page 6
June 2012
Dateline: NH
Date
Rebates – continued from page 3
nothing more than an attempt by some
to prevent the global marketplace from
expanding. Global trade is an important
issue for dealers who operate international
nameplate franchises.
It is imperative that dealers take the
time to get involved, particularly as we
enter another election season. Take the
time to get to know the issues, as well as
your elected officials and other candidates
in your communities. For those of you
who attended AIADA’s Auto Summit
in May in Washington, D.C., take the
knowledge you gained and apply it to
your relationships with your members of
Congress. Direct engagement is the only
way for these individuals to understand
the names and faces behind our businesses. For more information on how to
get involved, visit www.AIADA.org.
t*NQMFNFOU MPTT QSFWFOUJPO BVEJU
recommendations.
Unfortunately, we have been unable to
eliminate injuries in the workplace, but
if members and NHADA WCT staff
work together, we will be able to reduce
www.aane.com
AIADA – continued from page 7
June 2012
B
ronze
claims costs, thereby increasing your
future rebates.
We are here to answer your questions. Contact Peter Sheffer by email at
[email protected] or call anyone in the
WCT department at 800-852-3372.
association partner
Holmes Law Offices PLLC
Legal needs of the auto industry
Please contact Gregory A. Holmes, Esq. at 224-8004 or
[email protected].
Gregory A. Holmes, Esq.
“Creating Liquidity in the
Automobile Marketplace”
Every Thursday 9:15AM Londonderry, NH
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page 7
Dateline: NH
Date
The Moose Is Loose On NH Highways
Programs Supporting Natural, Historical, and Cultural Heritage
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A
growing number of NH residents
are expressing their independence of
spirit and traditional values with a unique
North Country symbol – the moose.
Located on the left side of a special NH license plate with a vertical
“CH” designation (for Conservation
and Heritage), the moose symbol quietly
expresses the driver’s support of conservation programs that help keep NH the
special place that it is.
Without the financial support generated by these plates, many of the programs
that maintain and restore NH’s natural,
historical, and cultural heritage could no
longer do the important work they do.
page 8
Revenues from the program support
hundreds of projects that help define what
it means to live in New Hampshire by:
t1VSDIBTJOHBOEQSFTFSWJOHTJHOJëDBOU
historic properties, artworks, artifacts, and archaeological sites;
Researching and managing wildlife
and native plant species, and educat-
ing the public about them;
Providing grants to counties, municipalities, and non-profits for natural
and cultural resource conservation;
Expanding roadside wildflower and
lilac plantings;
Administering the Land and
Community Heritage Investment
Program (LCHIP); and more.
Just a few of the hundreds of projects
that have benefited from the Moose Plate
program include:
The Statewide Native Wildflower
Project helps establish native wildflowers
throughout the state highway system,
giving residents and visitors enjoyment
as they travel New Hampshire roads and
highways.
The NH Land and Community Heritage
Investment (LCHIP) Program makes
matching grants to New Hampshire
communities and non-profits to preserve
New Hampshire’s natural, cultural,
and historic resources. Recent LCHIP
grants have supported the placement of
conservation easements on the 340-acre
Johnson Farm and Islands in Monroe and
the 300-acre Colony Wetland Complex in
Chesterfield; stabilization and restoration
of the exterior of the main gatehouse at the
Castle in the Clouds in Moultonborough,
and bell tower repairs at the Bow Bog
Meetinghouse.
Restoration of the Peregrine Falcon in
New Hampshire. According to the NH
Fish and Game Dept., peregrine falcons
in New Hampshire produced 29 young
this year, more than in any other breeding
season during the past half-century.
Preservation of the Pondicherry Wildlife
Refuge nestled beneath the mountains
June 2012
Dateline: NH
Date
north of the Presidential Range. Known
as one of the “crown jewels” of New
Hampshire’s landscape, the ponds, wetlands, and forests of this refuge support
a wide variety of significant ecological
features.
Restoration of stained glass windows in
Laconia Public Library’s Periodical Room.
The building’s exterior and interior
stained glass windows range in complexity
from simple to intricate and are carefully
located throughout the building to
capture the sun’s ray at various points
throughout the day. The library opened
in 1903 and is on the National Register
of Historic Places.
And many others.
New Hampshire drivers who help support
these and other projects can be recognized
by the moose on the left-hand side of their
license plates. The special plates cost an
extra $30 when drivers renew their auto
registrations during their birth months.
Those wishing to purchase the plates
can do so at any time – for a new car, a car
that’s already registered, or for a friend or
family member. To get the plates, drivers
need simply visit their town or city clerk’s
office and request them, whether registering a car for the first time or renewing a
registration.
Gift certificates are also available to
give to family or friends. Those wishing
to purchase gift certificates should contact
their municipal offices to see if they are
available locally. If not, a Conservation
License Plate gift certificate form can be
downloaded at www.mooseplate.com, filled
out and sent with payment to the DMV
in Concord.
For more information about moose
plates, or about the programs that benefit from the Conservation License Plate
Program, visit www.mooseplate.com.
June 2012
Changes to HazMat Guide Prompt New Class
Due to changes in the 2012 Hazardous Material (HazMat) Emergency Response Guide,
the New Hampshire Automotive Education Foundation has scheduled an additional
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all employees responsible for your shipping/receiving operations that they have an
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and liability can be severe!
You may register online at PHPEHUVQKDGDFRPRUFRQWDFW-HDQ&RQORQDW
Driving Our
F&I Success
Our relationship with
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profitability and customer
satisfaction throughout
the Ron Tonkin Family of
Dealerships. Our team
knows they can rely on
Protective to provide us
with strong F&I products
and best-in-class service
we need to be successful.
- Edward “Ed” C. Tonkin
Vice President of Ron Tonkin Family of Dealerships
Portland, Oregon
7E,ISTENs7E#AREs7E(AVE3OLUTIONS
Vehicle Service Contracts I GAP Coverage I Credit Insurance
Lifetime Engine Warranty I Limited Warranty I Dealer Participation Programs
F&I Training I Advanced F&I Technology
Start driving your F&I success! To learn more, contact
Protective’s New Hampshire representative, George Spatt.
866.478.9242
www.protectiveassetprotection.com
Lifetime Engine Warranty, Vehicle Service Contracts (VSCs) and GAP are backed by Lyndon Property Insurance Company in all states except NY. In NY, VSCs are backed by
Old Republic Insurance Company. GAP and Lifetime Engine Warranty are not available in NY. Credit Insurance is backed by Protective Life Insurance Company in all states
except NY, where it is backed by Protective Life and Annuity Insurance Company.
page 9
Dateline: NH
Date
Spring is
Here... Are You Ready for The Summer Hiring Season?
Laurel Van Buskirk, Esq., Devine Millimet
Age Restrictions
Papering the File
t’s the same thing every year. Spring Generally, New Hampshire
Under New Hampshire law,
takes its time getting here, yet summer law prohibits employers from
minors under the age of 16
comes quickly. Prom season is upon hiring or employing minors
must obtain a New Hampshire
us and college students are home from under the age of 12 (unless they
Youth Employment Certificate.
school. Many employers have already are employed at work defined as
N.H. RSA 276-A:4, II. This
received piles of applications from high “casual” or in the door-to-door
certificate is issued by the mischool and college students looking for delivery of newspapers). N.H.
nor’s school or superintendent’s
summer jobs. Employers that routinely R.S.A. 276-A:4, V. Under federal Laurel Van Buskirk, Esq. office after the minor is offered
employ summer help need to be vigilant law, however, the minimum age for em- a job and must be kept on file by the
to ensure compliance with employment ployment in most non-agricultural work employer. New Hampshire employers
laws with respect to the student work to 14. 29 C.F.R. § 570.2. Again, there are cannot employ a 16- or 17-year-old
force. Conducting some routine house- exceptions for casual work and newspaper without written permission from a parent
keeping measures now can help manage delivery. Thus, most non-agricultural or legal guardian giving them permission
risk in the months ahead.
employers are prohibited from hiring to work. Employers are required to keep
Youth Work Rules
minors under the age of 14. As the burden this signed written document on file.
Youth work-rules are routinely enforced of showing compliance with this age re- N.H. RSA 276-A:4, VIII.
by both the New Hampshire and the U.S. striction will be on the employer (and not Age Appropriate
Departments of Labor. Consequently, the minor), employers must take steps to It is critical that employers ensure that
employers should ensure that any indi- ensure that only minors of the appropriate minor-employees work only in ageviduals responsible for summer hiring are age are hired. Note: While the minimum appropriate positions and perform only
aware of both the state and federal rules age requirements do not apply for children age-appropriate work. Under federal law,
pertaining to youth employment and who work for their parents, grandparents children under 18 are prohibited from
that all supervisors are properly trained or guardians, minors working for their working in certain dangerous or hazardous
with respect to the scope of appropriate parents are still prohibited from engaging jobs, including, but are not limited to,
work for minors, as well as with respect in certain occupations and must comply operating power-drive hoisting apparatus,
to scheduling issues.
with restrictions on working hours.
mining, meat packing or processing, using
power-drive circular saws or band saws,
wrecking, demolition or ship-breaking
association partner
operations, roofing, or excavation. See Id.,
29 C.F.R. §§570.50-570.68. Appropriate
work for minors between the ages of 14
and 16 is even more limited. Under federal
Capital solutions, cost segregation, sustainability
law, suitable work for minors under 16
includes work in offices, retail stores,
For more information, please contact Greg Bryant, Managing Partner, at
restaurants, movie theaters, amusement
641-2600, ext. 302 or [email protected]
parks, and gasoline service stations. See
29 C.F.R. §§ 570.2; 570.33; 570.34.
However, minors under 16 cannot work
in warehouse, communications or public
utilities jobs, construction or repair jobs,
Greg Bryant
or jobs in which they drive a motor vehicle
I
B Bedford Strategies and Solutions
ronze
page 10
June 2012
Dateline: NH
Date
Hiring – continued from page 10
or operate power-driven machinery or
hoisting apparatus (other than typical
office machines). They cannot bake, cook
(except with gas or electric grilles that do
not involve cooking over an open flame),
work with freezers or meat coolers, or
work in meat processing areas, or operate,
set-up, adjust, clean, oil or repair powerdrive food slicers, grinders, choppers, cutters, or bakery mixers. See Id., 29 C.F.R.
§§570.50-570.68. In addition, even in
permitted retail, food service and gasoline
service establishments, certain dangerous work is prohibited. See 29 C.F.R.
§570.34(b). New Hampshire law is consistent with federal law on these hazardous
job designations. Employers in the retail,
service, and hospitality industries should
take the time to review the state and federal
rules and regulations that specify the types
of jobs minors can work. To the extent
minors work in establishments in which
prohibited equipment may be in use,
employers must specifically tell minors
to avoid those work areas and that they
are forbidden from using any such equipment. Other employees and supervisors
should also be aware of those restrictions.
For more information about jobs suitable
for minors, see Prohibited Occupations
for Non-Agricultural Employees, found
at: http://1.usa.gov/fMTXp0.
Scheduling
Under New Hampshire law, minors under 16 years of age may not start work
before 7 a.m. or work later than 9 p.m.
N.H. RSA 276-A:4, IV. However, from
Labor Day through May 31st, federal
law restricts minors under 16 years of
age from working past 7 p.m. Between
June 1st and Labor Day, minors under
16 are restricted from working past 9
p.m. See, 29 C.F.R. § 570.35. Under
federal and New Hampshire child labor
laws, 14- and 15-year-olds are restricted
June 2012
from working more than three hours
per day on a school day and eight hours
a day on non-school days. Federal law
prohibits minors under 16 from working more than 18 hours per week during
the school year and more than 40 hours
per week during vacations and summer
Bronze
breaks. See, 29 C.F.R. § 570.35.
Although there are no federal restrictions on hours worked for 16- and
17-year-olds, New Hampshire laws
impose restrictions on the hours 16- and
17-year-olds may work. New Hampshire
Hiring – continued on page 12
association partner
DealerTrack Inc.
Dealership management system provider/inventory optimization
For more information, contact Carl Bowen at 401-536-5232.
page 11
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Town Meetings for Independent,
Motorcycle & Powersport Members
This summer NHADA will once again
host annual town meetings for different
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For more information, please contact
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Hiring – continued from page 11
limits 16- and 17-year-olds from working more than 30 hours during a school
week, and more than six consecutive days.
During vacations and summer breaks, 16and 17-year-olds may work no more than
48 hours per week. N.H. RSA 276-A:4,
VI-VII. Ultimately, it is the employer’s
responsibility to ensure, not only that minors are not scheduled for hours restricted
under state or federal law, but that they
do not actually work during restricted
hours. Additionally, NH employers are
required to post in a conspicuous place in
every room where youths are employed a
printed notice stating the hours of work,
the time allowed for dinner or other meals,
and the maximum number of hours any
youth is permitted to work in any one
day. See N.H. RSA 276-A:20.
Penalties
Employers violating youth employment
laws risk criminal and civil penalties,
including fines and imprisonment. Under
federal law, employers are subject to a
civil money penalty of up to $11,000 per
worker for each violation of the child labor
laws. In addition, employers are subject to
a civil money penalty of $50,000 for each
violation that causes the death or serious
injury of any minor employee and that
penalty may be doubled, up to $100,000,
when the violations are determined to be
willful or repeated. Federal law also provides
for a criminal fine of up to $10,000 upon
conviction for a willful violation of child
labor laws. For a second conviction for a
willful violation, the act provides for a fine
of not more than $10,000 and imprisonment for up to six months, or both.
Other Considerations
Teenagers and young adults often have
limited work experience and may not understand what is appropriate or “normal”
behavior in the workplace.
As such, young workers may be more
susceptible or vulnerable to sexual harassment and discrimination in the workplace
and may not understand how to report
such conduct.
Employers should consider taking
special care to train young employees
on company policies and reporting
procedures for discrimination and harassment upon hire. By encouraging
young employees to come forward
and report any problems as they arise,
employers will have the opportunity
to take appropriate action before the
situation grows worse.
Laurel Van Buskirk, Esq. works with Silver-level
Association Partner Devine Millimet. Send
email to [email protected] for
information.
Frank Nuttall
page 12
June 2012
NHADA Annual Meeting and Partner Expo Brings the
3DVVLQJRIWKH*DYHO:RUNVKRSV5DIùHV)HOORZVKLS
photo by Nathaniel Stout
DQG6PLOHV
Over 300 NHADA members and partners gathered
at the Radisson Hotel Manchester Tuesday, May 22,
for the 2012 NHADA Business Conference, Partner
Expo, and Annual Meeting.
Pictured clockwise from the top:
t Passing of the gavel, from immediate-past Chair Peggy Proko, Peters of Nashua
(right), to current Chair Donna Gaudet Hosmer of AutoServ Dealerships (left);
t Sue Croft of Belknap Subaru with NHADA Products Division Director Ron
McDaniel;
t NHADA President Pete McNamara, having just presented the furriest of several
raffle prizes won by Doug Miles, Seacoast Volkswagen, Inc.;
t Outgoing Chair Peggy Proko describing her dealership’s success
with Platinum Partner F&I Resources’ President Jason Bayko for a
video archive;
t Vanessa and Cassandra Lovering of Lovering Volvo/Mitsubishi;
t Roger Groux and Linda Murphy of Honda Barn, and NH Safety
Commissioner John Barthelmes.
except as noted, photos by Michael Rosenblum
Dateline: NH
Date
NADA NEWS
Facility Upgrades:Your Voice Is Being Heard
In response to widespread dealer concerns, the National Automobile Dealers
Association commissioned the first-ever
study on factory facilities programs last
year, which resulted in an objective and
fact-based analysis of the various factors
that drive the economics of facility image
programs.
The NADA research project was
authored by industry consultant Glenn
Mercer. Our goal was to open up a
dialogue in which all parties could discuss
the issue on a more rational and informed
basis. With this in mind, Mercer spoke
to a wide range of industry participants.
I’m pleased to report to you that
since the report was completed in early
February, we have been able to personally meet with, and present the study’s
findings to, the senior-level management
of 12 manufacturers. Having personally
attended most of these meetings, I can
tell you this was an encouraging first step,
with constructive and positive two-way
discussion.
It’s time now to take this issue to
the next level. NADA will be retaining
industry experts to do a deeper dive into
the issue in the following areas:
1. Is There Value with Regard to
Investment in Facilities?
Let’s Run the Numbers.
The first recommendation in the study
was that OEMs need to better demonstrate and quantify the value of dealer
investment in facilities. Overall, this was
an area of disappointment, with most
manufacturers failing to show the value
of facility image programs. Phase Two
will look deeper into this area by “running the numbers” ourselves. To attempt
to quantify the return on investment
(ROI), we’ll look at actual dealership
data in a sample of dealers who took on
facility image programs as well as ones
who did not.
2. More Dealer Input
Another recommendation from the first
phase of the study was to get more dealer
input into these programs but well before
“the cake is already baked,” when dealer
input could really make a difference in
how these various programs are received
by dealers at large. A good first step will
be the addition of specific questions about
facility image mandates to the twice-yearly
NADA Dealer Attitude Survey (DAS).
B Lift Works Corp./Sullivan Tire Inc.
ronze
association partner
Automotive service equipment specialists
For more information, please contact Ray Russell at 800-392-6330.
The DAS is the most effective method
of getting a cross section of dealer input
directly to the OEMs at the highest levels.
Watch for this in the next survey coming
in July.
3. Dealership of the Future
This project will combine interviews with
industry experts and case studies with a
focus on answering the question: “Are
we investing in the kind of dealership
that will be most competitive in 2020
and beyond?” The intent is to go much
further than the recent report from Auto
Team America entitled “Dealership
2025.” Interviews with industry experts
will be supplemented with case studies
of changes in other retail industries as
well as cutting-edge car dealers who may
already provide us with a glimpse of the
dealership of 2020.
4. An Annual Review
NADA will conduct a review on the
one-year anniversary of the facilities study
that will focus on whether the OEMs
have modified their facility mandate
programs in response to concerns raised
in the study. During the initial round
of individual meetings with the OEMs,
many indicated that they would take the
study’s findings into account and consider
making changes. Follow-up interviews
with OEMs and key people who participated in the original study should provide
the necessary feedback to determine what
changes, if any, have been made.
As you can see, we’re moving further
into some of the key findings of the first
study with the intention of conveying
the results directly to all of your manufacturers. In addition, we’ll continue to
NADA – continued on page 16
page 14
June 2012
Dateline: NH
Date
NADA – continued from page 14
keep this issue front and center in our
DAS meetings with your OEMs in the
coming months. This issue wasn’t started
overnight and won’t be solved overnight,
but I want to assure you that your voice
is being heard.
NADA Supports Bill to Eliminate
Obsolete Mandate Requiring that
NHTSA Distribute Insurance Data
Booklets to Dealers
NADA is urging dealers to help build
support for HR 5648, the Owens-Harper
Obsolete Mandate bill, by asking their U.S.
Representatives to cosponsor the legislation.
The U.S. Representatives’ offices can be
reached through the Capitol Switchboard
at 202-225-3121.
Legislation introduced recently in the U.S.
House of Representatives repeals an obsolete mandate that requires the National
Highway Traffic Safety Administration
(NHTSA) to print and distribute an
insurance report to more than 17,500
new-car dealerships across the country,
which is mailed through the U.S. Post
Office. The “Relative Collision Insurance
Cost Information” booklet sought to
provide car buyers with insurance data
on the cost of repairing new vehicles.
Under a 1972 law, NHTSA is required to
collect, prepare, print, and distribute the
report to new-car dealerships. Dealers are
required to provide it to their customers
upon request.
NADA, in a recent survey of 815 of its
members, found that 96 percent of dealers
reported that none of their customers had
ever asked to see the booklet. NHTSA has
been publishing the booklet since 1991.
“The reality in dealer showrooms needs
to be recognized,” said NADA President
Phil Brady. “This government mandate
should be eliminated.” Under HR 5648,
introduced by Reps. Bill Owens (D-NY)
and Gregg Harper (R-MS), NHTSA
could still make insurance loss data available online if consumers in the market for
a new vehicle find it useful.
“The federal government has spent
hundreds of thousands of dollars since
1991 to print and mail this booklet to
every new car dealer in America, yet consumers practically never use it,” said Bob
Vancavage, president of the New York
State Automobile Dealers Association.
“New York new car dealers applaud
Congressman Owens’ effort to eliminate
this needless government mandate.
“Cutting unnecessary federal spending
and obsolete rules – no matter how small
– is one way to get the economy back
on track,” said Bill Lehman, president
B
ronze a s s o c i a t i o n p a r t n e r
Jewett Construction Co., Inc.
Design-build and construction management services
For more information, please contact Craig Jewett
at (603) 895-2412, ext. 16 or email him at [email protected].
Craig Jewett
page 16
of the Mississippi Automobile Dealers
Association. “I commend Congressman
Harper for rooting out this government
waste.”
Regulatory Affairs Passionately
Defends Dealer-Assisted Financing
On April 1, 2012, the Motor Vehicle
Roundtables’ process, which the Federal
Trade Commission (FTC) initiated one
year ago, drew to a close. During that
time period, the FTC conducted three
motor vehicle roundtables around the
country and received nearly 100 written
comments in which consumer advocacy
group representatives, plaintiffs’ attorneys, state attorneys general, officials
and others alleged a series of practices by
automobile dealers that harm consumers.
The practices that they attacked were wide
ranging but primarily focused on allegations of abuse surrounding spot delivery
transactions and allegations of unfairness
involving dealer participation earned
in finance transactions. These attacks
culminated with a joint letter from the
attorneys general of 31 states and D.C.
that urged the FTC to create rules and/or
commence enforcement actions to protect
consumers from the alleged dealer abuses.
In response, NADA Regulatory Affairs
coordinated the presence of dealers,
ATAEs, dealer attorneys, and other
industry experts at each of the roundtables to rebut and correct numerous
misstatements that were made against
dealers. In addition, Regulatory Affairs
stressed the anecdotal nature of the allegations and highlighted the consumer
advocacy groups’ complete failure to
produce credible data supporting their
allegations despite repeated requests for
such data from the FTC. Most importantly, Regulatory Affairs stressed the
enormous benefits that dealer-assisted
financing continuously provides to
June 2012
Dateline: NH
Date
consumers of all credit tiers.
Regulatory Affairs concluded the
process by filing extensive comments
with the FTC explaining why none of the
allegations that were made against dealers
during the roundtables’ process are ripe
for consideration by the FTC as practices
that should be declared unfair or deceptive
through the use of the agency’s extraordinary rulemaking authority. (Regulatory
Affairs explained that the FTC should
address isolated problems that may arise
through enhanced consumer education
and the responsible use of its enforcement
authority.) Regulatory Affairs’ written
comments, which supplemented comments that it filed at the beginning of
the roundtables’ process, also contained a
detailed rebuttal of an April 2011 report
by the Center for Responsible Lending
that attacked dealer participation.
June 2012
The FTC has stated that it will
now review all of the information that
it collected during the roundtables
to determine what, if any, steps it
should initiate to protect consumers.
Regulatory Affairs is actively monitoring this process.
NLRB Poster Implementation Halted
NADA-Supported Legal Challenge
Upheld by D.C. Court of Appeals
The Coalition for a Democratic Workplace
(CDW), of which NADA is a member,
has succeeded in its recent challenge to a
National Labor Relations Board (NLRB)
requirement that dealers and others
prominently display a new “empl òyee
rights” poster. A three-judge panel of
the D.C. Court of Appeals on April 17
granted CDW’s request for an injunction,
delaying the new poster requirement
until the Court has a chance to hear
arguments and rule on CDW’s appeal of
a lower D.C. court’s ruling that upheld
the NLRB’s poster requirement. For more
information on the poster, visit online at
http://1.usa.gov/JSYjMe. You can view
the injunction at http://bit.ly/JSYtmA.
This injunction comes on the heels of
a federal district court in South Carolina
decision striking down the NLRB’s notice
posting rule in response to a challenge
by the U.S. Chamber of Commerce and,
according to CDW, it means that the
April 30 implementation date is delayed.
The NLRB has not yet issued specific
guidance on the issue, but NADA will
provide updates on the status of this
requirement as they become available. If
you have any questions, contact NADA
Regulatory Affairs at 703-821-7040 or
email [email protected].
NADA – continued on page 18
page 17
Dateline: NH
Date
OBD II – continued from page 17
NADA University Issues Call for
Workshop Proposals for the 2013
NADA and ATD Conventions
NADA University is seeking proposals
for cutting-edge workshops on both car
and truck industry topics for next year’s
NADA and ATD conventions, which
will once again be held simultaneously.
The NADA-ATD Convention and Expo
will be held Feb. 8-11, in Orlando,
FL. All workshop sessions will be held
at the Orange County Convention
Center. “Our goal is to create a balanced
educational workshop program at both
conventions that will provide attendees
with the information, tools, and strategies
they need to succeed in a competitive
market,” said John Lyboldt, NADA vice
president of dealership operations. “We
expect another strong and diverse workshop program at next year’s conventions.”
To submit a workshop proposal for the
NADA convention, including a twominute video clip covering the main focus
of your session, visit http://bit.ly/JSYYx1
for instructions; to submit a workshop
proposal for the ATD convention, visit
http://bit.ly/JSZ7AC for instructions.
NADA Economist: Aging Vehicles,
Increased Inventory, and Lower
2012 Unemployment Rates
by Area
Gasoline Prices to Boost Auto Sales
While automakers reported mixed results
for U.S. new-car and light-truck sales
in April, Paul Taylor, NADA chief
economist, highlighted several factors
that are expected to boost sales over the
next several months. “Modest economic
growth and declining gasoline prices, low
interest rates, more leasing options, and
aging vehicles that need to be replaced will
likely result in higher auto sales over the
next several months,” Taylor said. “If the
trend of falling gasoline prices continues
as expected, lower gasoline prices will
be a key contributor to sales increases in
both the new- and used-vehicle markets,”
Taylor added. “Lower gasoline prices will
act much like a tax decrease, putting more
money in the pockets of consumers.
“As inventory levels of small and
midsized cars with four-cylinder engines
return to normal after the production
bottlenecks in the U.S. and Asia, newcar sales will likely increase in future
months,” Taylor said. “Light-truck sales
will see a comeback during the second
quarter. Falling gasoline prices – assuming there are no oil disruptions in the
Middle East – will increase demand for
both new and used sport-utility vehicles,
crossover-utility vehicles, minivans, and
pickup trucks.”
Taylor added that May’s sales results
will indicate where the auto industry
is headed for the rest of the year as the
inventory mix of new cars and light
trucks is fully restocked at dealerships.
Another factor expected to boost newcar sales is higher than average trade-in
values on used vehicles. According to the
NADA Used Car Guide, used-car prices
continued to rise in recent months, which
have increased the trade-in values for
consumers shopping for another vehicle.
Safety/OBD II Inspections Statistics
Safety
Inspection
Results
Apr’12
% of Total
YTD ’12
% of Total
Total *
3DVVHG
Corrected
5HMHFWHG
Untested
OBD II Inspection
Results
(1996 and newer)
Jan
Feb
Mar
United States
New England
Connecticut
Total
Maine
3DVVHG
Massachusetts
New Hampshire
5.7%
5.8%
5.6%
5HMHFWHG
Rhode Island
Vermont
Untested
* Total numbers include OBD II Inspections
Statistics provided by Gordon-Darby
page 18
June 2012
Dateline: NH
Date
NADA Used Car Guide:
Wholesale Price Growth Moderates;
Large Pickup Prices Improve
AuctionNet wholesale prices continued
to rise through mid-April, but the overall
rate of appreciation slowed considerably
from the previous month’s aggressive
pace. April’s performance was in line with
NADA’s prediction that used prices would
peak in April and remain firm through
May before starting to fall at a faster rate
in June.
On a mileage and mix adjusted basis,
wholesale prices for vehicles up to five
years in age grew by 1.3 percent or $222
relative in April; this was 3 percentage points back of March’s rate of 4.1
percent.
Moderating gasoline prices, which fell
measurably in early April for the first time
since December, had a constraining effect
on compact and mid-size car appreciation
for the month. Price growth for the two
segments equaled 2.2 and 1.6 percent,
respectively, which was nearly five points
below March’s average rate of growth.
Large pickup wholesale prices grew
by nearly 2 percent, which was a result
exceeded by only compact cars. Year-todate, prices for the segment are up by 8.1
percent or $1,631, with appreciation for
model years 2009 – 2012 being especially
strong. The continued improvement in
large pickup prices is a reflection not only
of the ongoing decline in used supply, but
also the nascent recovery in commercial
and residential construction.
Overall, market prices compared to the
first of the year were up by a strong 8.9
percent and were 2.7 percent higher than
what was recorded in April 2011.
Study: Proposed Fuel Economy Rules
Cut 7 Million Car Buyers Out of
New-Vehicle Market
New-vehicle dealers support fuel economy
increases if affordable for consumers
NADA released a study April 12 indicating that higher vehicle prices resulting
from proposed fuel economy rules will
cut millions of potential new-car buyers
out of the market in 2025.
The NADA study, “The Effect of
Proposed MY 2017-2025 Corporate
Ave r a g e Fu e l Ec o n o m y ( C A F E )
Standards on the New Vehicle Market
Population,” points out that nearly
7 million lower income consumers,
such as college students and working families, will not qualify for auto
financing to cover the additional cost.
“Disregarding vehicle affordability will
undermine the environmental and national security benefits the administration is seeking,” said Doug Greenhaus,
NADA’s chief regulatory counsel for
environment, health, and safety. “The
proposed MY 2017-2025 fuel economy
rules should be delayed until there is a
more accurate picture of how prospective buyers likely will react.”
Title Statistics Report Ending April 30, 2012
New Hampshire Department of Safety, Division of Motor Vehicles
Apr’12
Apr’11
’12 YTD
’11 YTD
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7LWOHV,VVXHGIRU8VHG9HKLFOHV
727$/7,7/(6,668('
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June 2012
page 19
2012 NHADA Association Partners
(as of May 23, 2012)
DIAMOND
Comcast Business Class/Comcast Spotlight
PLATINUM
F & I Resources
NHAD Services, Inc. - Insurance
NHAD Services, Inc. - Products Division
Bank of America Merrill Lynch
Gordon-Darby NHOST Services, Inc.
Albin, Randall & Bennett
American Fidelity Assurance Company
Anthem Blue Cross and Blue Shield
in New Hampshire
AutoTrader.com
Integrated Building Energy Associates/
Bruss Construction Inc.
Cars.com
NHADA Workers’ Compensation Trust
WBIN-TV
WMUR-TV/WMUR.com New Hampshire
GOLD
SILVER
BRONZE
Aftermarket Specialists
American Financial & Automotive Services, Inc.
Amy Martineau – Motorists Commercial Mutual
Auto Auction of New England
Auto Use
Bedford Strategies and Solutions
Bellwether Community Credit Union
BG Products/Warehouse Distributors of New England
Clean Harbors Environmental Services
cm&b
CompPartners (BOAC, MVOH, SOAC, St. Joseph’s B & H)
Cook, Little, Rosenblatt & Manson, p.l.l.c.
CUDL Vero
Curran EasyCare Inc.
DealerTrack Inc.
EnergyNorth Propane
Fairpoint Communications
G&K Services
GeoInsight, Inc.
Global Payments
G W Marketing Services
Holmes Law Offices PLLC
Huntington Auto Finance
Jewett Automotive Design & Construction
JM&A Group
New Hampshire Union Leader
O’Connor & Drew, P.C.
Devine Millimet
Enterprise Rent-A-Car
Northeast Delta Dental
Southern Auto Auction
St. Mary’s Bank
Wells Fargo Dealer Services
Windward Petroleum/ExxonMobil
JPMorgan Chase Bank
Lift Works Corp. / Sullivan Tire Inc.®
Lynnway Auto Auction
Macdonald Page & Co LLC
Manheim New England
Mike’s Equipment Repair
Morgan Stanley Smith Barney
Nancy Phillips Associates, Inc.
Protective
Rath, Young and Pignatelli, P.C.
Resources Management Group
Sanel Auto Parts Co.
ScanPoint
Seacoast Media Group
STAPLES® Advantage
Strategic Benefits Advisors, Inc.
TD Auto Finance
Tire Warehouse/Monro Muffler Brake
TR2 Corp/LSI Industries
Tri State Fire Protection
Trivantus, Inc.
Tyler, Simms & St. Sauveur, CPAs, P.C.
Willis of Northern New England, Inc.
Zurich Direct Underwriters
To become a 2012 NHADA Partner, please call Jean Conlon at 800-852-3372.

Dateline: NH

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