Dateline: NH Volume 40, Issue #2 a Publication of the New Hampshire Automobile Dealers Association

February 2017 Dateline: NH Volume 40, Issue #2 a publication of the New Hampshire Automobile Dealers Association

Too Good an Opportunity To Pass Up, page 5

The Privilege of NHADA Hotlines, p. 3, Administrative vs. Documentary Fees, p. 7 Automotive Program Advisory Committees, p. 9 Workers’ Compensation Trust Reduces Rates, p. 14 Ten Sure-Fire Ways to Recruit Qualified Techs, p. 15 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

2016-2017 NHADA OFFICERS Chairman Larry Foss PLATINUM Vice Chairman Mike Kopp Workers’ Treasurer Compensation David Hammer Coverage for the Secretary NH Auto Industry Roger Groux Loss Prevention President NHADA Workers’ Compensation Trust Services Peter J. McNamara Internal Claims Pete She er For more information, please visit nhada.com Management 2016-2017 NHADA DIRECTORS or contact Pete Sheff er at the association offi ce at Jake Aleksa, Independent Used Car Managed Care 800-852-3372 or psheff [email protected]. Program Miles Cook, Franchised, At-Large Chelsey Gaudet Parks, Franchised Don Goulet, Independent/Repair/Service, At-Large NHADA Association Partner Shawn Hanlon, Franchised/Independent Paul Holloway, Honorary Mike Kopp, Franchised/Independent John “Jack” McDevitt Jr., Heavy Duty Trucks Doug Miles, Franchised, At-Large Inside This Issue Lisa Nast, Motorcycles/Powersports Derek Snowman, Franchised Advocacy Grassroots: Your Voice Matters!...... 8 NADA DIRECTOR Dennis Gaudet Compliance

* * * Administrative vs. Documentary Fees...... 6

This publication is designed to provide accurate and Education authoritative information in regard to the subject matters covered. In publishing this newsletter, neither Automotive Program Advisory Committees...... 9 the authors nor the publisher are engaged in rendering legal, accounting, or other professional services. If legal Events advice or other expert assistance is required, the services of a competent professional should be sought. NHADA Cruisin’ Convention...... 4 Advertisements appearing in Dateline: NH do not indicate Healthcare a specific endorsement by NHADA of the products or services unless Time to Update Your Section 125 Plan Document?...... 13 the NHADA endorsement symbol appears with the advertisement. Legal Published monthly except in July in Bow, New Hampshire, by the New Hampshire Automobile Dealers The Privilege of NHADA Hotlines...... 3 Association. Mailing address: P. O. Box 2337, Concord, NH 03302-2337, 603-224-2369/800-852-3372. Legislation Our Top Three 2017 Legislative Priorities...... 7 STAFF Publisher Larry Foss The New Legislative Committee Structure...... 10 Editorial Director Peter J. McNamara Managing Editor Nathaniel Stout Loss Prevention Design and Layout Advertising Coordinator Lisa Lavoie NHADA’s Online Safety Orientation Training...... 5 Photographer Michael Rosenblum Workers’ Compensation

ADVERTISING RATES Workers’ Compensation Trust Reduces Rates...... 14 Back Page: Color $1,000 Workforce Full Page: Color $700 B&W $575 1/2 Page: Color $450 B&W $375 Ten Sure-Fire Ways to Recruit Qualified Techs...... 15 1/3 Page: Color $375 B&W $300 1/6 Page: Color $300 B&W $250 Monthly Statistics...... 18

nhada.com | nhadastore.com Cover: Loss Prevention Representative Dustin Howe begins a training sessions with MSDS Online at an office in the Daniel B. McLeod Center in Bow. Photo by John Gfroerer page 2 February 2017 a publication of the New Hampshire Automobile Dealers Association Dateline: NH

The Privilege of NHADA Hotlines A Guide to the NHADA Employment Hotlines Peter McNamara, NHADA President questions regarding terminations, The free hotline calls are or well over ten years, NHADA harassment, proper pay schedules limited to ten minutes — enough Fmembers have been privileged with and many other workplace issues for you to get a sense of the access to free Employment Law Hotlines. and problems. issue(s) and to provide you with These telephone hotlines currently allow Think quick-lube, not engine an overview of the applicable access to employment experts at two NH rebuilds. laws, not to map out a detailed law firms: Cook, Little, Rosenblatt & The calls are not meant to strategy for a difficult situation Peter McNamara Manson, p.l.l.c. and Devine Millimet. handle extensive, specific legal or to provide you with a thorough The time that the firms and their advice. Rather, the hotline is meant to be risk assessment. attorneys take to answer the questions on a quick resource for general guidelines to If your situation calls for more detailed a volunteer basis is greatly appreciated. assist you when tackling more basic issues. advice or the review of any written We are lucky to have such a unique set up. If you need to terminate an employee materials, the attorneys will gladly discuss This article is a guide to what the today, hire an attorney; if you need to get their hourly rates and billing policies. Many hotlines are to be used for and what they general information about termination dealerships find that having established are not intended to be used for. laws in NH, call a hotline. relationships with employment lawyers If your employment law question isn’t This program is not a substitute for to provide advice on a proactive basis is covered in the NH Auto Dealer Law manual thorough legal research and strategic beneficial, and hiring a lawyer is easier than or in the compliance section of nhada.com, development for a specific situation or you may think. these firms can provide some guidance on claim. Hotlines – continued on page 4

February 2017 page 3 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

NHADA Cruisin’ Convention Celebrating Us! Free Registrations! Members are encouraged to bring their classic vehicles! June 25-27, 2017 Red Jacket Mountain View Resort, North Conway Save the Date!

The NHADA Board of Directors has once again approvedfree admission throughout the event, mini-spa, cocktail receptions, registrations to NHADA member companies — franchised and pool party, beer tasting, classic vehicle cruise ride, kids’ club independent. Associate members are not eligible. Each member and more! company may send two people at no charge — owners/managers Room reservations are not included in the NHADA and guest. registration. To make your Red Jacket Mountain View Resort We have an agenda to make everyone happy — adults, teens, room reservation, please call the resort directly at 800-672-0500. kids, couples, families or individuals, people who want to be Attendees must reference group code: 289168, and identify active, and those who want to be laid back. yourself as a member of NHADA. The room block guarantee Registration includes all meals Sunday evening through ends on May 26. If you have any questions, contact Jean Conlon Tuesday morning, the Bob Marley comedy show, free waterpark at [email protected] or call her at 800-852-3372.

Hotlines – continued from page 3 Don’t shoot the messenger: You may not as they have full caseloads and may be in Wage and hour hear the answer you want. The attorneys court. If you have a pressing legal matter Overtime tell it like it is and sometimes that means that needs immediate attention, hire an Exempt and non-exempt status bad news for you. Please, don’t vent your attorney. How to hire, fire, and discipline frustration on them. Leave a detailed message after the beep: properly Be patient: The attorneys endeavor Provide specific details about the matter Hire, fire and discipline guidelines to return calls within a reasonable time, or question that you have when you leave Protecting intellectual property usually between 24 and 48 hours, but a message. Non-compete agreements sometimes longer. It is very unlikely that The Employment Law Hotlines will Employee documentation you’ll speak to an attorney immediately answer general questions about: Leave of absence issues Disability and reasonable accommodation Workplace harassment and PLATINUM discrimination Employee vs. independent contractor Insurances Personnel policies and practices Health Drug testing Dental Workers’ compensation Vision Compliance NHAD Services, Inc. - Insurance Short-term Background checks... and more. For more information, please visit nhada.com disability or contact Laurie Churchill at the association oﬃ ce Life Of course, we are here to answer your Laurie Churchill at 800-852-3372 or [email protected]. questions too. Contact me at pmcnamara@ NHADA Association Partner nhada.com or call me at 800-852-3372. page 4 February 2017 a publication of the New Hampshire Automobile Dealers Association Dateline: NH

NHADA’s Online Safety Orientation Training is Too Good of an Opportunity to Pass Up You only get one chance to effectively integrate a new employee into your organization. Brian Duplessis, Loss Prevention Coordinator ensure that each operator has OSHA training requirements for nboarding”, also known as orga- successfully completed the Personal Protective Equipment and “O nizational socialization, refers to training. Respiratory Protection. the mechanism by which new employees Beyond the necessity to comply OSHA 1910.157(g)(1)] acquire the necessary knowledge, skills, with OSHA regulations, it is Fire Extinguishers and behaviors to become effective orga- important to consider that even Provide an educational nizational members and insiders (source: without OSHA enforcement program to familiarize Brian Duplessis Wikipedia). activity, these basic training employees with the general principles Businesses have a brief chance at the requirements form a “standard of care” of fire extinguisher use and the hazards beginning of a new hire to provide the required of an employer in the event involved with incipient stage firefighting individual with information to help something goes wrong. In order to prove [29 CFR 1910.157(g)(1)]. Provide this them do their jobs in the desired manner. a business wasn’t negligent, it must education when employees are first hired While there are many facets to successful demonstrate that it performed these and once a year thereafter [29 CFR onboarding, I want to focus on safety fundamental activities. 1910.157(g)(2)]. training required by regulators at the time So the need is there for comprehensive, of hire. 1910.1030(g)(2)(i) time-of-hire safety training. Fortunately Bloodborne Pathogens for NHADA Workers’ Compensation Some of the pertinent requirements The employer shall train each employee Trust (WCT) members, all of these include: with occupational exposure in accordance industry-specific trainings are conveniently OSHA 1910.1200(h)(1) with the requirements of this section. Such packaged online for $10 per hire. Hazard Communication training must be provided at no cost to the You read that right! Eight different Employers shall provide employees with employee and during working hours. The automotive specific topics, professionally effective information and training on employer shall institute a training program produced, with quizzes to show hazardous chemicals in their work area and ensure employee participation in the competency, certificates of completion, at the time of their initial assignment, program. record-keeping features, training report and whenever a new chemical hazard is Training shall be provided as follows: capabilities, and more, for TEN BUCKS! If introduced, about which the employees At the time of initial assignment to tasks you want to pay for additional subscription have not previously been trained in their where occupational exposure may take access or for other services, let us know, but work area. place.... for now, that’s the price! Some of you are thinking “But Brian, ANSI/ALI ALOIM:2008 4.4.1 1910.38(e) we’re small. We hardly ever hire anybody, American National Standards Institute – Emergency Evacuation so this doesn’t really apply to us.” To which Autolift Safety Training. An employer must designate I respond: Even if you don’t hire often, it’s The operator shall operate the lift ONLY and train employees to assist in a safe and still important to do it right. AFTER being properly instructed and orderly evacuation of other employees. Lucky for us, the Traincaster Online trained in accordance with this standard. Review of emergency action plan. An Learning Management System is easy to employer must review the emergency OSHA 1910.178(l)(1)(ii) use; so easy in fact, that all you need to do is action plan with each employee covered ForkLifts contact us by phone or email with the new by the plan... when the plan is developed Prior to permitting an employee to operate hire’s name and job title, and we’ll assign or the employee is assigned initially to a job. a powered industrial truck (except for the training and direct them to the website. training purposes), the employer shall Besides what’s listed above, there are also Orientation – continued on page 6

February 2017 page 5 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

Administrative vs. Documentary Fees DMV Title Tip The following is an excerpt from the DMV and the $2 agent fee. Documentary Per Administrative Rule Saf-C 1903.01 NHADA Legal Guide. Dealers need to be fees ($27) can be listed on the retail ( c ), at all times you must capture the aware of the fact that there is a significant installment contract. license code or id number on the title difference between a documentary fee and On the other hand, the term application. an administrative fee. administrative fee is not defined Regardless of what was done in the Documentary fees are defined by anywhere in the state’s statutes. Therefore, past, you must capture the identifica- RSA 361-A:1, IV as “the fees for filing, according to the Banking Department, tion of who is signing the application. recording or investigating, perfecting and administrative fees cannot be listed on the releasing or satisfying a retained title or a retail installment contract. Administrative For transactions that come in the lien created by a retail installment contract, fees can, however, be listed on the mail, ask for a copy of the license of and shall not exceed the actual cost assessed Purchase and Sale Agreement. The bottom the person signing the application. by the Department of Safety, Division of line on the Purchase and Sale Agreement “Refusal” and “mail” are not options going forward. Motor Vehicles (DMV), or other state becomes the “cash sale price,” which or local agency for filing, recording or includes the administrative fee and is Recently we had an investigation investigating, perfecting and releasing or then carried over to the Retail Installment where the title application had “Mail” satisfying such title or lien.” Contract. typed in the licensing box. This has Documentary fees are the combination Also, dealers need to be able to justify hindered the investigation tremen- of the $25 title fee that is submitted to the the amount of the administrative fee. dously as we can’t prove to a court of A dealer should be able to identify and law who signed the title application. justify those expenses included in the Don’t let it be your store that gets administrative fee. NHADA provides a wrapped up in one of these investi- brochure explaining the purpose of an GOLD gations. Establish a clear policy in all administrative fee. Dealers should use instances, and make sure that all of the NHADA brochure or another to your staff are educated on this. provide an explanation to customers. Similarly, all dealer personnel should be trained to explain the “why” behind the Provides commercial and fee. Complying with the documentary/ Orientation – continued from page 6 retail nancing to administrative fee rule as well as the other The new hire safety training takes Auto and RV dealers requirements of RSA 361-A will keep the about 20 minutes for non-technicians Banking Department examiners off your and one-and-a-half to two hours for a doorstep. tech. That’s time well spent considering The Banking Department has the the information provided, compliance authority to do an audit of a dealer’s benefits and its potential impact on records, including, but not limited to, deal employee behavior preventing injuries. sales jackets, to determine if the dealer is Don’t let the unique opportunity that complying with NH law. A violation can presents itself when you hire to waste away. Dave Ingraham Dan Duda result in a fine or the suspension of the Implement an onboarding program at For more information, please dealer’s retail seller’s license. Moreover if, your business that incorporates NHADA’s contact Dave Ingraham at 717-1070; as the result of an audit, a dealer is found to New Hire Safety Orientation. [email protected] or be in violation of RSA 361-A, in addition Contact any of us in Loss Prevention Dan Duda at 706-2149; [email protected]. to the imposition of a penalty, the dealer for more information. I can be reached at must reimburse the state for the cost of [email protected]. And any of us can NHADA Association Partner the audit. be contacted at 800-852-3372. page 6 February 2017 a publication of the New Hampshire Automobile Dealers Association Dateline: NH

Our Top Three 2017 Legislative Priorities Dan Bennett, Vice President of Government Relations against the state for violations, s the 2017 legislative session has NHADA is a strong legislative with ties to federal highway A started and the 777 bills filed (as of force because we speak with a funds (currently used for I-93, today’s writing) are starting to be released, united voice for the motor vehicle etc.) Gone, also, would be evaluated and even have initial hearings, industry. Be it large or small, electronic reporting of safety the pace of things in Concord is now full franchised or independent, two inspections as it is within speed ahead. wheels, tracks, or four wheels, the OBD II system that a Dan Bennett NHADA is working on a host of we are successful when we work program reports electronically legislative priorities for our membership together and make our voices heard. and improves fraud prevention for that we are researching. We are working the consumer and the inspection with allies in the various causes and with Priority bills NHADA is working on: stations. NHADA will vigorously state agencies and elected officials. • Repeal of the OBD II emissions oppose this bill. We would like to make you aware of a testing program. • The interval for motorcycle safety in- few important legislative initiatives. You This bill, filed by Rep. Josh Moore spections would change to every two will hear a great deal more from us on these (R-Merrimack), would repeal the years, and filed by Rep. Len Turcotte bills as they get closer. OBD II Program and put NH (R-Barrington). This dangerous idea When the time comes please answer in violation of our clean air act runs contrary to NHADA’s corner- the call to help us in our fight on these requirements. The Environmental stone belief in safe NH roads. Just as importantAANE_HalfPageFinal_Revised.pdf issues. 2 1/12/2016 9:48:18 AM Protection Agency can levy sanctions Top Three – continued on page 13

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February 2017 page 7 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

DMV Computer System Grassroots: Your Voice Matters! Changeover and Shutdown Ryan Hale, Government Relations Specialist out “Call-to-Action” Please read this important item from ur voice in Concord is only as emails alerting you Division of Motor Vehicles (DMV) loud as your voice at home.” of what needs to be Director Elizabeth Bielecki: “O Most of you, if not all of you, have heard done. Most of the In a culmination of many years this saying before. It pretty much encom- time you will be asked of work the DMV will begin a passes our grassroots approach and its to make calls or send a long awaited and very important importance especially in a state like NH. pre-composed email computer system changeover in Ryan Hale February. The new VISION system Our state legislature is the largest to your legislator(s), will allow the DMV to make its legislative body in the country, consisting which is simple and only takes a few operations more modern and of 424 members (24 Senators and 400 minutes to do. We also encourage you to efficient. Representatives). They are volunteers engage your staff to do the same. Please Beginning Friday, February 17, making only $100 per year. note that all outreach to an elected official 2017 until Wednesday, February With such a large legislature and a small is important, but a personal call from a 22, 2017, DMV operations, as state population — the ratio of legislator to constituent is one of the most powerful well as those of municipal agents, will be inaccessible and shut citizen is 1/2,800 — there is real possibility things you can do. down for the upgraded system that you or someone in your shop knows So far, 2017 has started off as a quiet year, changeover and proper testing. one of these folks. Making these personal with issues like right-to-work, concealed As a NHADA member, you should be connections is a key component in successful carry, and minimum wage debates taking sure that you are properly equipped grassroots campaigns. up a lot of the time in Concord. These with all necessary supplies prior to Every year we are faced with a number of issues have little to no direct impact on the VISION changeover. In addition, issues at the Statehouse. These issues range NHADA’s member businesses, but soon you should be sensitive to this date from repealing or modifying the state’s there will be many that will see legislative if you are planning any business transactions such as a dealership emissions and safety inspection program action (see legislative priorities on page 7). buy-sell or openings as processing to workers’ compensation reform. When Not all debates may impact your will be unavailable. faced with these issues, we lean on you to business, and there may be others that are Please be sure that you are prepared help make our case and move the needle a direct threat. But we still ask that you during this timeframe to minimize in our favor. Your help can range from respond. We need to respond to all issues any disruption for the DMV, your making phone calls to legislators you know, as a unified front. We are stronger as a business, and our shared customers. to sending pre-composed emails through team representing the NH motor vehicle For further questions contact, the DMV Dealer Desk at 603-227-4160. NHADA’s grassroots advocacy website. industry as a whole. If we start separating or When your help is needed, we will send cherry picking issues, our message becomes weaker and our grassroots campaigns are less impactful. PLATINUM It’s imperative that legislators hear from you! You and your staff are their constituents, not “hired guns” roaming the Forms & Specialty halls of the Statehouse. The decisions they Items For: make have a direct impact on your business. Body Shop Let’s be loud, let’s be heard. This starts NHAD Services, Inc. - Products Parts at home. Your voice is key in successful For more information, please visit nhadastore.com Safety grassroots campaigns. or contact Ron McDaniel at the association oﬃ ce Patriotic As always, we are here to help. You Ron McDaniel Sales at 800-852-3372 or [email protected]. can contact me at [email protected] or NHADA Association Partner 800-852-3372. page 8 February 2017 a publication of the New Hampshire Automobile Dealers Association Dateline: NH

Automotive Program Advisory Committees Are Designed to Meet Your Needs

George Dykstra, NHADA Automotive Education Advisor ince all of our college and high school automotive programs In most cases the pipeline of new employees starts at the schools. Sare Automotive Service Excellence (ASE)-accredited, they are Those businesses most active on the committee are the ones most required to have active advisory committees that meet at least likely to receive the interest of the most talented. twice per year, such as the committee pictured above. Receiving reports from the schools and providing input on such These committees are made up of business owners, managers, things as curriculum, tools and equipment, instructor training and technicians, former students and other community stake holders. other important aspects of the program will ultimately impact One of the best ways to develop the needed relationships its success. between your business and the schools is to make sure your Give your local school a call, find out when the next meeting is interests are represented at these meetings. Advisory – continued on page 17 䘀䰀伀伀刀倀䰀䄀一

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February 2017 page 9 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

The New Legislative Committee Structure

Dan Bennett, Vice President of Government Relations Senate committees are much smaller, five to six Senators, than in In the NH House of Representatives and the NH Senate bills are the House, and they hear and vote on bills much more quickly. assigned by leadership to the policy committee that has the most There are only 24 Senators, and they each serve on multiple appropriate expertise. committees. Below are the names of the Senators that serve on the NHADA spends a majority of time at the Statehouse in a two committees mentioned above, which hear and vote on issues few of our favorite and important committees. In the Senate critical to your businesses. Please review them and see if you have those are the Commerce and the Transportation committees. a relationship, business or personal, with any of them. NH Senate Commerce Transportation Daniel Innis, Chairman (R-Portsmouth) Regina Birdsell, Chairman (R-Hampstead) Harold French, Vice Chairman (R-Franklin) William Gannon, Vice Chairman (R-Sandown) Bette Lasky, (D-Nashua) Scott McGilvray (D-Hooksett) Andy Sanborn, (R-Bedford) Ruth Ward (R-Stoddard) Donna Soucy, (D-Manchester) David Watters (D-Dover)

Division of Motor Vehicles Title Tip All boxes on a title application must be completed. on the application slows down the process for the consumer The DMV does not prepare NH title applications for vehicles and the registration agent or Town Clerk. Please be sure that without a NH Driver’s license. Not including this information all forms are filled out completely, accurately and legibly. May 10, 2017 Leadership & Management Summit & Partners’ Vendor Expo 50 Vendor Booths, Business Sessions, Door Prizes & Raffle Prizes, Food & Beverages! Watch for registration and sponsorship information! Photos by: Michael Rosenblum

page 10 February 2017 a publication of the New Hampshire Automobile Dealers Association Dateline: NH

Legislative Committees – continued from previous page NH House of Representatives

In the House there are more committees and House Labor, 400 members. As a result the committees Commerce and Industrial and are much larger and are comprised of an Community Rehabilitative average of 20 members. They typically take Affairs Services Transportation more time for handling the bills. John Hunt, Chairman Steven Schmidt, Chairman Steve Smith, Chairman NHADA primarily focuses on three major (R-Rindge) (R-Wolfeboro) (R-Charlestown) committees in the House: Commerce Barbara Biggie, Anthony Pellegrino, Tom Walsh, Vice-Chair, (R-Milford) Vice-Chair, (R-Merrimack) Vice-Chair, (R-Hooksett) and Community Affairs; House Labor, Valerie Fraser, Clerk Brian Seaworth, Clerk Tom Laware, Clerk Industrial and Rehabilitative Services; and (R-New Hampton) (R-Pembroke) (R-Charlestown) Transportation. The Reps that serve on Don Flanders Keith Murphy Brian Chirichello those committees are listed on the right. (R-Laconia) (R-Bedford) (R-Derry) Please look through and see if you know Laurie Sanborn Lino Avellani Karel Crawford or work with any of these Reps. As we have (R-Bedford) (R-Wakefield) (R-Center Harbor) always mentioned, grassroots is one of the Ronald Belanger Fred Doucette Werner Horn strongest advocacy tools we have to make (R-Salem) (R-Salem) (R-Franklin) a positive impact in the legislative arena. Bart Fromuth Len Turcotte Chris True (R-Bedford) (R-Barrington) (R-Sandown) Elizabeth Ferreira Michael McCarthy Glen Dickey (R-Nashua) (R-Nashua) (R-New Boston) Jason Osborne Phillip Bean Craig Moore BRONZE (R-Auburn) (R-Hampton) (R-New Ipswich) Michael Costable Troy Merner Peter Torosian (R-Raymond) (R-Lancaster) (R-Atkinson) John Plumer Sean Morrison John Valera (R-Belmont) (R-Epping) (R-Windsor) Vicki Schwaegler John O’Day George Sykes (R-Orford) (R-Rindge) (D-Lebanon) Ed Butler Doug Ley Michael O’Brien (D-Harts Location) (D-Jaffrey) (D-Nashua) Commercial Ken Gidge Chip Rice Tim Soucy Personal (D-Nashua) (D-Concord) (D-Concord) Bonding Kermit Williams Michael Cahill Gladys Johnsen (D-Wilton) (D-Newmarket) (D-Keene)

NHADA endorsed company for bonding. Richard Abel Linda DiSilvestro Dick Patten You have direct access to (D-Lebanon) (D-Manchester) (D-Concord) C.N.A/Western Surety. Tel: 800-331-6053 David Luneau Bill O’Neill Ivy Nann Fax: 605-335-0357 or (D-Hopkinton) (D-Manchester) (D-Peterborough) [email protected] Rebecca McBeath Benjamin Baroody Debra Altschiller (D-Portsmouth) (D-Manchester) (D-Stratham ) Commercial lines Tom Mita: [email protected] Christy Bartlett Janice Schmidt Jessica Ayala Personal lines (D-Concord) (D-Nashua) (D-Nashua) Sandra Anaya: [email protected] Timothy Fontneau Hamilton Krans Skip Cleaver Commercial Bonds Dot Warshaw: [email protected] (D-Rochester) (D-Dover) (D-Nashua) Connie Van Houten Mark MacKenzie NHADA Association Partner (D-Manchester) (D-Manchester)

February 2017 page 11 New Hampshire AUTO DEALER LAW LEGAL GUIDE Your best source for what’s happening in NH auto sales

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Time to Update Your Section 125 Plan Document? Laurie Churchill, Field Representative Tax Act (SUTA), as well current Section 125 plan ou need a Section 125 plan document as workers’ compensation document, the result could Yto legally allow your employees to taxes on all those tax- be reclassification of all pretax take advantage of pre-tax dollars, and also advantaged employee funds. insurance deductions back to to avoid payroll taxes on health insurance The tax savings helps to taxable income. The IRS then and ancillary benefit premiums. reduce the cost associated could assess and add interest To make it even more simple, a with setting up a plan and and penalties on the unpaid Section 125 “premium only plan” administering it. The IRS Laurie Churchill taxes. document allows your employees and the Department of Labor (DOL) Many more employers have Section to voluntarily sign an election form require employers to establish a 125 Plan documents that have never agreeing to a “salary reduction”, so the formal plan document and summary been updated. Have you properly portion of the insurance premium for plan description before they allow amended your plan to reflect any which the employee is responsible is their employees to pretax insurance changes made to your benefit offerings, deducted right off the top of income — premium. plan year, eligibility requirements, etc.? before taxes are calculated. This saves If your dealership takes advantage If your Section 125 Plan document the employee money on every dollar of Section 125 pretax deductions, hasn’t been updated you should consider of the insurance premium they pay you might want to verify that you updating it. Also, the DOL requires for. Employees are happy because they actually do have a current Section 125 employers to distribute new summary experience a “raise” by paying for their Plan document. It’s not unusual for plan descriptions to employees once portion of their benefits with pre-tax employers to take Section 125 insurance every five years. dollars. pretax deductions for years without If your Section 125 Plan document Employers also realize tax savings knowing that a formal plan document is old, outdated, missing, or non- from reduced matching of the Federal and summary plan descriptions are existent, the new year would be a good Insurance Contributions Act (FICA), required. time to update it or install it. Contact Federal Unemployment Tax Act For the unfortunate employer who NHADA at 800-852-3372 with any (FUTA), and State Unemployment goes into an IRS audit without a questions.

Top Three – continued from page 7 with auto inspections, annual mo- serious accidents and fatalities on our Rest assured that, as instructed by torcycle safety inspections save lives roadways. Since the law’s enactment, NHADA’s legislative committee and and keep travelers safe. Certainly all distracted driving has dropped to you as members, we will fight against our neighboring states believe so. around sixth place among the most these bills. When the time comes we NHADA will strongly oppose this common causes. This proves the law will ask you to help with our grassroots bill. works. It is not disruptive and has efforts — attend hearings, encourage • To repeal the Distracted Driving made our roads safer. NHADA will visits, call and email representatives, “Hands-Free” law. Once again, a bill staunchly oppose this bill. and make your voice heard. It is critical has been filed by Rep. Eric Schleien that your elected officials hear from you (R-Hudson) in an attempt to repeal To all three of the above bills and their as industry experts and strong forces in the distracted driving law in NH. sponsors and co-sponsors, we would say: your communities. As we always say, our NHADA has defended the current “Don’t try and fix something that isn’t voice in Concord is only as loud as yours law many times in the past few years broken.” These are attempts to weaken back home. because it improves public safety and programs that have obvious benefits to If you have questions, contact me at gets results. Distracted driving used the safety and well-being of our citizens. [email protected] or give us a call at to be one of the top three causes of Please don’t disrupt that. 800-852-3372.

February 2017 page 13 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

Workers’ Compensation Trust Reduces Rates For the Second Year In A Row

Peter Sheffer, Workers’ Compensation Trust Director managed care he NHADA Workers’ Compensation 99 percent confident actuarially that the program. TTrust (WCT) Board of Trustees has premium collected will cover the cost • Make sure to call approved a 7 percent reduction in rates of those workers’ compensation claims the NHADA for the 2017 fund year. submitted by members. Nurse Case Members may remember that in 2016, One piece of the calculation that sets Manager Marta the board approved a 5 percent reduction, the premium rate is classification code. The Silakka imme- and for the four years prior to that, there other two are the payroll-by-classification diately after an Peter Sheffer were no changes in rates. In addition, code and the experience modification injury for referral to the best network during that same period (2012- 2016), the factor. The experience modification factor options. WCT returned over $18 million to the brings the members’ own claims experience • Stay in touch with your injured em- members in the form of rebates. into the formula for calculating premium. ployee after an injury occurs. The WCT continues to provide its An experience modification over 1.00 • Provide light duty work for injured members with the most competitive increases the estimated premium while workers and avoid their losing time workers’ compensation rates and the an experience modification under 1.00 from work. highest possible rebates, while remaining decreases the premium. All members Remember that costs associated with who are “experience rated” and have a medical-only claims are discounted 70 modification factor under 1.10 receive percent when the experience modification an 18.4 percent discount. Therefore, it factor is calculated. The full, total incurred BRONZE is imperative for members to keep their costs associated with lost-time claims are experience modification factors below used for the calculation of the experience 1.10. The only way to control experience modification factor. Therefore, members modification factors is to prevent injuries should do everything possible to return from occurring and to control the costs injured employees to work safely and within associated with claims when they do occur. their physician’s restrictions following an “Design build and Here are some quick tips on controlling injury to avoid lost time from work. construction management claims costs: Contact Marianne Gourgiotis with services” • Take your time, and hire the right billing questions or me with claims-related person for the job. questions via email at mgourgiotis@nhada. • Follow the appropriate hiring steps com or [email protected] We can both including pre-placement drug testing, be reached by phone at 800-852-3372. reference checks and completion of the Second Injury Fund form. See the NHADA Strategic Hiring New Member Guidelines online at NHADA.com Collectable Trader LLC Craig Jewett (sign-in required). dba National Powersports For more information, please • Follow through on all loss prevention 25 Craftsman Lane contact Craig Jewett at either recommendations. Merrimack, NH 03054 603-895-2412 x16 or • Keep up with employee training. 603-598-2697 cjewett@jewettconstruction. • Report all injuries promptly. Nathan Sanel • Make sure all employees know they NHADA Association Partner are in a workers’ compensation page 14 February 2017 a publication of the New Hampshire Automobile Dealers Association Dateline: NH

Ten Sure-Fire Ways to Recruit Qualified Techs How to attract, train and retain the right people We are reprinting this article from todaysheavydutyshop.com, which know. “Word of mouth is better than any app or website I’ve used,” specializes in owners and operators of big truck and equipment repair Lindenmuth says. When her shop is in need of new talent, she businesses. The advice, however, is relevant to all shops. talks to her staff, family, friends, and even techs who have worked Cassie Paton for her in the past and left the company on good terms. Facebook and LinkedIn groups also direct you to people in f there’s one thing heavy duty truck shop owners around the the industry who may be looking or have a connection. Bottom country can agree on, it’s this observation about recruitment: I line? “You can’t wait for them to come to you,” Lindenmuth says. There aren’t enough good techs these days. “I can get all the business I want because trucks have to 3. Seek out popular job sites. run,” says Judy Lindenmuth, co-owner of The Truck Shoppe in Think about job boards as great power tools — they can perform Sacramento, CA. “But as far as finding qualified techs, it’s my for you if you know how to use them. Some industry-specific sites biggest obstacle — it’s very, very tough.” include FindAMechanic.com and MechanicHunter.com, which And, it’s no wonder. For every ten techs retiring, only two enter allow you to browse résumés of qualified techs in your area. Other back into the industry. The shortage is a real challenge, but that sites such as Indeed.com, ZipRecruiter.com and Glassdoor.com doesn’t mean there are no good techs to be found. also let you search résumés for relevant keywords. For the desperate, frustrated and weary shop owners out of When it comes to posting jobs, the quality of applicants depends ideas for recruiting skilled mechanics, here are ten tips to find on how you sell your business. “Varying your ads is key,” says Amber your next hire. Pinkelman, co-owner of Pinkelman Truck & Trailer in Norfolk, NE. “If you’re posting ads and not getting a lot of responses, or 1. Display signage — even if you don’t have a job you’re not attracting good candidates, change the wording.” available. For Scheffer, whose business is located in a small midwest town Yes, it’s sooo old school. However, even in the digital age of of about 40,000 people, the talent pool is small. So, he creates out- advertising, don’t forget the tried-and-true “Help Wanted” sign. of-state Craigslist.com posts and advertises in St. Louis — which Take advantage of the free ad space available in your own garage. is only a few hours away. Place signage in your meeting area, marquee or other high-traffic Keep in mind, a great tech can afford to be picky, so make sure areas where it will get the most exposure. you offer something appetizing on the benefits menu. Scheffer, for “We always keep a ‘Help Wanted’ sign on our front door,” one, is open to providing incentives. “I want to be better than the says Todd Scheffer, co-owner of Scheffer Truck Service in Cape competition as far as what we pay and offer in benefits,” he says. Girardeau, Missouri. “Everyone who comes here knows we’re hiring.” Jennerjohn allows employees to accrue personal time off. They In fact, Scheffer keeps the sign up even when he doesn’t need can acquire one-and-a-half hours per week and accumulate up help. “Even if I didn’t have a spot available, I’d make room if to 12 days off per year to use as needed. “It’s a benefit I created, someone were really qualified,” he says. where they don’t have to lose pay if they need time off,” Jennerjohn 2. Ask your techs, local vendors and network for says. “It’s one way for us to compete with [incentives offered by] referrals. bigger companies.” When looking to make a hire, Debbie Jennerjohn, co-owner of Actions for attracting the right people Ultimate Truck Service in Ridgefield, WA, says, “You have to It’s no easy task to recruit top performing techs if you can’t even flood the network.” hang onto the ones you’ve got. That’s why Jeff Peevy says it’s all Jon Schuberg agrees. “We always let our tools and parts vendors about creating a learning culture in your business. know when we’re looking, because they visit lots of shops and “Technician knowledge and skills affect business performance,” talk to the techs,” says the service writer at Quality Truck & Tire says Peevy, president of the Automotive Management Institute in Service in Clare, Michigan. North Richland Hills, Texas. “A shop that doesn’t have a learning Outreach serves as one of the most effective and cost-efficient ways to find the right person. As they say, it’s all about who you Techs – continued on page 16

February 2017 page 15 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

Techs – continued from page 15 Springfield, IL, eventually wants to pay his techs to train younger culture typically discourages technicians from sharing knowledge.” workers. And, Irvin Bowman hired four techs new to the industry. The highest performing shops, he says, value communication “None of them were truck techs before they came to work for me,” and sharing knowledge. They also have the lowest turnover. Peevy says the owner of Wayne Truck & Trailer Ltd. in Sidney, Ohio. suggests the following tips to grow your business: “I trained them all.” • Treat knowledge as a company asset, and invest in em- It’s beneficial to look at the skills potential interns possess, but ployee training. it’s more important that they have the right attitude. “If they’re • Put “willingness to learn and train” in your job ads to willing to learn, you can train them to do anything,” Jennerjohn attract lifelong learners and hard workers. says. “It has been well worth it for us.” • When interviewing candidates, focus less on experience and more on attitude. The right person can be trained. 6. Offer headhunting bonuses. • Get your whole team on board with recruiting viable People love to lend a hand — especially if they’re getting paid. candidates. “It has to start with management, but it isn’t a Headhunting bonuses or finder’s fees tend to mobilize people in movement until employees get behind it,” Peevy says. your network. If you’re in dire need of a qualified employee, it’s well worth it to shell out a few Benjamins. 4. Ooh rah! Hire a veteran. Lindenmuth attracts applicants with a $500 finder’s fee. Veterans between 18 and 34 years old face a higher unemployment “If she hires the employee, the referrer gets half of that money rate than civilians in the same age group, according to the Bureau upfront,” she says. “They get the other half if the worker maintains of Labor Statistics in 2015. However, it’s not due to a lack of talent. employment with us for another 30 days.” It’s the result of no set path existing for vets once they’ve left the Henry Uribe offers a $1,000 headhunting bonus. The co-owner military, so reintegrating into society presents a challenge. of Onsite Equipment Repair in Ontario, CA, issues the payment Veterans are highly disciplined, take orders well and have if the worker stays at his company for six months. relevant experience. And, don’t forget, “91 Bravo” is Army lingo Some shops offer incentives such as free oil changes for life. for a wheeled vehicle mechanic. As Colonel Kilgore once said, “I “We all have to step up to the plate and make it happen, so we love the smell of diesel in the morning,” or something like that. can compete with dealers,” Lindenmuth says. “You have to think “Many vets are trained to work on diesel engines, which are outside of the box.” more common in the military,” says Tony Molla, vice president of the Automotive Service Association in North Richland Hills, TX. 7. Advertise in economically depressed cities. “Many of the engines they’ve worked on are virtually identical to If you’re in a rural area, it can be especially tough to find local those used in heavy duty trucks across the country.” talent. That’s why Pinkelman looks at economically depressed Molla recommends HireAHero.org, a job board for veterans. Plus, cities to recruit workers who have the crude oil blues. She runs state workforce investment boards can help you find job-seeking a monthly search and posts ads on Craigslist.com in those areas. veterans in connection with the United States Department of Labor. “Oil fields are drying up, and people aren’t getting as much work in parts of North Dakota and Oklahoma,” Pinkelman says. “A lot of 5. Visit career technical schools and local colleges. people are willing to move depending on circumstances in their area.” If you lament the lack of young people coming into the industry Scheffer agrees, adding, “Find out what people need and what but don’t hire or train any of them, you might be part of the it takes to get them to relocate.” problem. Use local colleges and technical programs as a resource. Find out what people need and what it takes to get them to Molla recommends getting involved in vocational education relocate. programs in your area and joining an advisory council. One distinct advantage of hiring students is cheap labor. “The 8. Scour state unemployment sites. biggest thing we’re doing is bringing on interns from the trade Just because qualified mechanics are in high demand doesn’t schools,” Schuberg says. “You get to test drive them before you mean all of the good techs are already taken. Consider locating hire them.” your next hire on state unemployment sites. Technicians find Mick Goleash is in the process of starting an apprenticeship themselves out of work for all kinds of reasons, so don’t assume a program at his shop. The owner of MBC Collision Center in gap in someone’s employment means you should overlook them. page 16 February 2017 a publication of the New Hampshire Automobile Dealers Association Dateline: NH

New-Car Dealers to Promote Prom-Season Teen Driving Safety Prom and graduation are exciting times for high school seniors. to participate in this important initiative in their local They can also be a dangerous times for teens, with seven of the communities,” said Roy Bavaro, NFTSD executive director. top ten deadliest driving days occurring between Memorial Day Campaign items, such as press releases, post cards, posters and and Labor Day. web banners, etc., and simple implementation guidelines to To underscore this critical time, the National Foundation for raise awareness of Senior Promise 2017 were distributed at the Teen Safe Driving (NFTSD) launched “Senior Promise 2017” NADA convention to participating new-car dealerships at no at the National Automobile Dealers Association (NADA) charge. Convention, held in New Orleans from Jan. 26-29, 2017. For more information or to sign up, visit www.NFTSD.org/ “Many new-car dealerships already have great relationships dealership-application. with school and community leaders and are best positioned Source: NFTSD/NADA

Techs – continued from previous page Evaluate their experience, and do your research. job ads might mention a schedule that’s flexible for families.” “Check references thoroughly,” says Schuberg, who believes Talk to the women you already know in the industry to make that they often tell you more about a candidate than a résumé. sure your job ads don’t use language that appeals only to men. That information may ease any concerns you might have about Plus, strive to create a workplace that any qualified tech would their unemployment. feel comfortable in, regardless of gender. Shop owners in economically stagnant areas can benefit from state resources that list résumés, especially if they can’t afford to 10. Continue your search. lure talent from out of state. There’s one thing shop owners should always do. “Never stop recruiting,” Pinkelman says. “You can’t take a day 9. Reach out to women. off. I never want to take the chance that I’m going to lose out on a Making a conscious decision to recruit women in the industry good tech because he or she saw someone else’s job ad on Monday, can be well worth the effort. If you don’t try to enlist them, you’re and I didn’t post until Wednesday.” ignoring a growing group of skilled — and strong — workers. Conner says she has two to three different ads up at all “Hire the best techs whether they’re male or female,” says Stacy times, while Schuberg’s biggest piece of advice is to conduct Conner, co-owner of Equipment Experts in Tacoma, WA, and ongoing interviews: “Take a day once a week to go through your member of We Care, an advisory group on women’s excellence applications,” he says. “Be in contact with people, so you always in the auto care industry. “But put the opportunity out there and have somebody waiting in the wings.” market toward women like you would for men. For example, your Article published courtesy TodaysHeavyDutyShop.com.

Advisory – continued from page 9 and have your business represented there. You will be glad you did. Salem’s Automotive Program Advisory Committee Matt McCarthy and Joe Leibke – Salem High School Adam Bryant – Technician, Ira Toyota Instructors Shawn Gile – Technician, Grappone Toyota Chris Dodge – Salem Career Technical Education Director Brett Martin – Technician Mentor, Rockingham Toyota George Dykstra – NHADA Director Shae Farah – Former student, current Technician, Emmett Horgan – Owner, Rockingham Toyota/Honda Rockingham Toyota Todd Mikonis – Instructor, Manchester Community College Shawn O’Dwyer – Technician, Commonwealth Nissan Scott Ellis – T-Ten Instructor, Lakes Region Russ Lepine – NAPA Auto Parts Community College

February 2017 page 17

Dateline: NH a publication of the New Hampshire Automobile Dealers Association

New Member Safety/OBD II Inspections Statistics DMR Wholesale Auto Group LLC Safety 142 Broadway Inspection Percent of Percent of Dover, NH 03820 Results Dec ’16 Total YTD ’16 Total 781-820-1111 (Bobby) Total * 114,330 100.00% 1,580,647 100.00% Owner: Patrice Giller Passed 92,313 80.70% 1,268,104 80.20% Primary contact: Robert Giller Corrected 11,922 10.40% 170,961 10.80% Rejected 6,428 5.60% 89,420 5.70% Untested 3,667 3.20% 52,162 3.30% OBD II Inspection Results (20 yrs. old 2016 Unemployment Rates by Area and newer) Sep. Oct. Nov. Total 104,070 100.00% 1,397,197 100.00% United States 4.8% 4.7% 4.4% Passed 91,143 87.60% 1,222,677 87.50% New England 3.8% 3.3% 3.1% Connecticut 5.1% 4.5% 3.7% Rejected 8,289 8.00% 111,876 8.00% Maine 3.4% 3.4% 3.8% Untested 4,638 4.50% 62,644 4.50% Massachusetts 3.3% 2.7% 2.6% New Hampshire 2.6% 2.3% 2.5% * Total numbers include OBD II Inspections Rhode Island 5.1% 4.8% 4.6% Statistics provided by Gordon-Darby Vermont 3.4% 2.7% 2.9% NHADA Mission Statement: To be the voice of the motor vehicle industry by providing services, education and investment in New Hampshire’s economy. Title Statistics Report Ending December 2016 New Hampshire Department of Safety, Division of Motor Vehicles

Current Prior 12 12 % Months Months Change Dec ’16 Dec ’15 ’16 YTD ’15 YTD Titles Issued for New and Demo Vehicles: 127,473 126,821 0.51% 5,892 14,735 127,462 126,806 Titles Issued for Used Vehicles: 253,776 240,361 5.29% 13,334 27,226 253,750 240,344 TOTAL TITLES ISSUED: 381,249 367,182 3.69% 19,226 41,961 381,212 367,150 Titles Issued with a Lien: 8,558 20,800 175,928 176,663 Titles Issued with no Lien: 10,668 21,161 205,284 190,487 Salvage Titles Issued: 819 1,371 14,041 12,520 Salvage Tags Issued: 162 142 19,226 1,993 Titles Issued for Heavy Trucks More than 15 Years Old: 24 44 470 550 Titles Issued for Heavy Trucks 15 Years Old or Less: 81 150 1,487 1,571 Titles Issued for Trailers: 457 1,062 13,424 11,593 Titles Issued for Motorcycles: 348 727 16,491 15,222 Titles Issued for Motor Homes: 41 80 1,021 942

page 18 February 2017 Thank You 2016 NHADA Partners! These Partners have answered the call and supported NHADA programs and events. Please consider your partners first when you need professional services for your business. To become a 2016 NHADA Partner please call Jean Conlon at 800-852-3372. Compiled January 24, 2017. Companies endorsed by the NHADA are listed first within each association partner level.

Cox Automotive

NHAD Health Insurance Trust* Gordon-Darby NHOST Services, Inc. NHAD Services, Inc- Products Division* TRUECar NHADA Workers’ Compensation Trust* WMUR-TV/WMUR.com STAPLES® Business Advantage

Bank of America Merrill Lynch O’Connor & Drew, P.C. Service Credit Union

Northeast Delta Dental* Southern Auto Auction Albin, Randall & Bennett St. Mary’s Bank Cars.com TD Bank / TD Auto Finance

Cross Insurance (bonds only)* G&K Services DealerDOCX* Holmes Law Offices PLLC Tri State Fire Protection LLC* Huntington National Bank Ally iHeart Media from Clear Channel Alpha Warranty Services Jewett Construction Co. Inc. Amy Martineau, Commercial Insurance Specialists JM&A Group Auto Auction of New England MacPage LLC Auto Use Mike’s Equipment Repair Auto/Mate Dealership Systems Nancy Phillips Associates, Inc. Channel Building Company, Inc. NBT Bank Clean Harbors Environmental Services Resources Management Group Sanel Auto Parts Co. ConvenientMD Urgent Care Santander Bank Cook, Little, Rosenblatt & Manson, p.l.l.c. Steward Partners Global Advisory CUDL Sullivan Tire Inc.®/Lift Works Corp. Enterprise Rent-A-Car The River Radio Network ExpressMED/BOAC and Apple Therapy TR2 Corp/LSI Industries F & I Resources

* Endorsed