January 2013 Volume 36,36, Issue #1 a publication of the New Hampshire Automobile Dealers AssociationAssociation Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association 2012-2013 NHADA OFFICERS New Members Chairman Donna Gaudet Hosmer Wholesalers Unlimited LLC West Lebanon Nissan, Inc. 1st Vice Chair 824 Londonderry Turnpike dba Team Nissan North Andy Crews 2nd Vice Chair Auburn, NH 03032 51 Evans Drive Chris Weiss 661-2451 Lebanon, NH 03766 Treasurer Holly Carlson Owners: Mary Canales 448-3500 Secretary and Michael Canales Owner: Victoria Marcinkevich Eileen Sleeper President Peter J. McNamara 2012-2013 NHADA DIRECTORS Inside this Issue Peggy Proko, Immediate Past Chairman Marc Bourgeois, At-Large Franchised/Independent Michael Cooney, Independent Used Car Departments Roger Groux, At-Large From Your AIADA Director – A Good Year Has Passed .............................page 6 William Gurney, Independent Repair/Service NADA News – Impressive Lineup of Speakers Slated ...................................... 14 Paul Holloway, Honorary 2012 Unemployment Rates by Area................................................................. 22 Scott Holloway, At-Large Jim Lagana, Heavy Duty Trucks Safety/OBD II Inspections Statistics ................................................................ 22 Mike Kopp, At-Large Franchised/Independent Title Statistics Report Ending November 30, 2012 ..........................................23 George Mullin, Motorcycles Legal Ken Plante, At-Large US Dept. of Labor Investigates Dealers ..............................................................3 AIADA DIRECTOR Peggy Proko Features NADA DIRECTOR Toyota of Nashua Grand Opening .....................................................................4 Jack Tulley NH Auto Show Coming This Fall...................................................................... 5 Environment This publication is designed to provide accurate and authoritative information in regard to the subject matters The Spill Plan Law Change Is Now In Effect ..................................................... 7 covered. In publishing this newsletter, neither the authors nor the publisher are engaged in rendering legal, Powersports accounting, or other professional services. If legal advice or other expert assistance is required, the services of a Motorcycle Sound Testing Law Goes Into Effect This Month ............................ 8 competent professional should be sought. Political Advertisements appearing in ADPAC Contributed to Recent Campaigns .....................................................10 Dateline: NH do not indicate a specific endorsement by NHADA The Roots of Success ........................................................................................11 of the products or services unless the NHADA endorsement symbol Compliance appears with the advertisement. Internships Are A Win-Win If Managed Correctly ...........................................12 Published monthly at Bow, New Hampshire, FTC Proposes Limited Changes to Used Car Rule ..........................................19 by the New Hampshire Automobile Dealers Association. Mailing address: P. O. Box 2337, Concord, NH 03302- Education 2337, 603-224-2369/ Executive Briefing On Union Organizing ........................................................ 16 800-852-3372. STAFF One Community Helping Another.................................................................. 22 Loss Prevention Publisher Donna Gaudet Hosmer Editorial Director Peter J. McNamara Matt Foster Joins NHADA as a Loss Prevention Representative....................... 22 Managing Editor Nathaniel Stout Urgent Reminders on Inclement Weather Hazards .......................................... 16 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 A New Look for Dateline: NH 1/3 Page: Color $375 B&W $300 1/6 Page: Color $300 B&W $250 Welcome to the new Dateline: NH. While fundamentally your monthly newsletter remains the same, we have redesigned the cover to hopefully provide a more contem- www.nhada.com porary feel. If you have any questions or concerns, please contact Communications Director Nat Stout by email at [email protected] or call 800-852-3372. page 2 January 2013 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association US Dept. of Labor Investigates Dealers – Focus Is On Outside Detailing Companies Peter J. McNamara, President in the hopper. The USDOL has alleged recommend that you call a labor attorney f using an outside company for detailing that some of these outside detailing for advice. NHADA partners Cook, Iwork, dealers need to make sure the companies failed to properly pay wages to Little, Rosenblatt & Manson, p.l.l.c. (Jen outside company is paying their employ- their employees, usually overtime. Moeckel) or Devine & Millimet (Mark ees correctly or risk opening up their After investigating the relationship Broth) are both available for this. own checkbook. The US Department between the detailer and the dealer, the Also, review this article: “How To of Labor (USDOL) forced several New USDOL found that, in 100 percent of Survive A Department of Labor Wage- England dealers to pay the employees of the cases, there was either no independent Hour Audit,” Dateline: NH, page 12, outside detailing companies for overtime contractor relationship or the dealer was December 2010, which discusses investi- and other wages that weren’t paid by a joint-employer. Upon reaching that gations. You can view the article online at the detailer. The USDOL has examined conclusion, the USDOL demanded that http://bit.ly/SjIOVz. three NH dealerships and NHADA the dealer make up for the missing wages Is the detailing company correctly paying understands that several more are next if the detailing company wasn’t able to their employees? There is no sure way to in line. This article will give you recom- come up with the cash. confirm this. Check their payroll records. mendations as to how to avoid such an The solution: It’s neither easy nor guaran- Compare actual paystubs to cancelled unwelcome conclusion. Unfortunately, teed. Dealers should ensure (1) the outside checks. If you have a security log, see there is no iron-clad solution. First some company is paying their employees cor- what hours the employees of the detailer background. rectly; (2) the detailer is an independent are working, or limit the number of hours The problem: Outside companies that contractor; (3) joint-employment is not they operate to 40. These are are just a few perform detailing or reconditioning present; and (4) they should consult with ways to ensure compliance. work at dealerships. The USDOL has a labor attorney or just hire their own Dealers shouldn’t just blindly accept investigated several dealerships in the employees. the detailing company’s word that wages New England area including three in As you look at this and especially if are being paid correctly. After all, they New Hampshire. Several more stores are you are contacted by the USDOL, I Detailing – continued on page 4 Powerful pricing. Don’t miss out on your savings. As a New Hampshire Auto Dealers Association member, you get preferred pricing on everything from office products to breakroom, safety and cleaning supplies, plus custom shopping lists and free next-business-day delivery. To register and get your discount, contact Ron McDaniel, at 800-852-3372 or [email protected], or Brian Morin, at 603-223-2091 or [email protected]. Already registered? Log onto Order.StaplesAdvantage.com. January 2013 page 3 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association Toyota of Nashua Grand Opening Toyota of Nashua recently celebrated the Grand Opening of their new. 65,000-square-foot facility. The event took place on December 4th with over 350 people in attendance. The dealership also celebrated their 45-year anniversary as a Toyota dealership, and was presented the Toyota Motor Sales coveted Katana Sword to commemorate the occasion. The night also was highlighted by the unveiling of the newly designed 2013 Toyota Avalon as well as by tours of the new facility for the guests. Pictured at left (L-R): Rick Labrie, general manager, Toyota of Nashua; Lauren Dubois, president, Maple Leaf Construction; Donnalee Lozeau, mayor of Nashua; Marilyn Piekarski, wife of Toyota of Nashua President Wil Piekarski; Cooper Erickson, general manager, Toyota Motor Sales Boston Region; and Chris Piekarski, executive vice president, Toyota of Nashua. Detailing – continued from page 3 have you as a financial backup if they can’t are paying the detailing contractor. As the do the detailing work because now you pay the full wages! saying goes, “if something seems too good are going to have to check on that second You should calculate how much it to be true, it probably is!” company. You should also be concerned if would cost you to hire your own detailing You should also be cautious of detailing the detailing contractor hires people he or employees and compare that to what you companies that hire other companies to she claims are “independent contractors.” It is a difficult test to pass at this level. SILVER How do you ensure the independent ASSOCIATION PARTNER contractor status and avoid joint employ- ment? Again, there is no black and white answer to this as the federal standards are Northeast broad and vague. Delta Dental Here are some questions you