On November 5, 2021, the Occupational Health and Safety Administration issued an Emergency Temporary Standard, requiring all employers of more than 100 employees to mandate either vaccination of employees or weekly testing with masking requirements for the safety of their employees and customers. CADA hosted a webinar on the requirements of this regulation and methods for dealers to comply.
On November 12, 2021, the 5th Circuit Federal Court of Appeals issued an Emergency Stay on this regulation until further consideration could be given to the legality of the order itself. This was a strong indication that the Court believes the regulation may have some deficiencies.
As a result, on November 17, 2021, the US Department of Labor (under which OSHA falls) announced that it would halt enforcement of the regulation “until further Court order,” indicating an intent to comply with the 5th Circuit’s stay.
DEALERS TAKE NOTE: The deadline for compliance was slated for January 4, 2022. Therefore, if a Court were to hear this case on the merits and finds the regulation lawful, the deadline will snap back into place, requiring dealers to have a system ready to ensure all employees are either vaccinated or testing weekly with masking.
As a reminder, this regulation adopts conflict pre-emption, meaning that any state law that contradicts the regulation is considered null and void under the Supremacy Clause of the U.S. Constitution.
CADA will hold a follow-up Zoom call on the regulation once the courts settle the issue. But we believe it imperative that you know what the potential ramifications of each verdict are, as compliance investigations will be largely complaint-driven and fines for non-compliance will approach $14,000 each.
Meanwhile, please contact Matthew Groves with any questions about the vaccine mandate.
In 2 WEEKS:
Tuesday, December 7 webinar:
How inventory reductions will affect your LIFO reserves
If you use the Last-in-First-out (LIFO) accounting method to recapture tax, it could be threatened this year. If your store has seen a big inventory drop from last year to this one, your LIFO recapture could be significant.
Designed for dealer principals, general managers, CFOs, controllers, and dealership CPAs, Brian and Phil also will discuss the most-recent updates on tax legislation in Washington, DC and how those updates will affect dealerships in 2022 and beyond.
How inventory reductions will affect LIFO and other inventory deferral elections
Options for dealers with LIFO recapture
How the new federal tax bill will affect tax planning strategies from 2021 into 2022
The details
When
Tuesday, December 7
8 - 9:30 a.m.
Webinar
Price
$159
Register today!
BONUS!
Do you offer medical benefits to your employees through CADA Insurance Services?
Attend FREE! Call 303.831.1722 for your code.
Want to attend FREE? EmailCraig Gordon or call: 303.457.5118.
About our presenters
Brian Wallace, CPA is the national tax practice leader at Withum. Brian joined the firm in 1998, and provides real estate and retail automotive servicing clients with tax, accounting and business advisory services. An industry thought leader, Brian sits on the Auto Team America Tax Committee (a network of CPA firms dedicated to automotive).
Philip Craft, CPA is a manger in Withum’s automotive practice. He dedicates his time to dealership accounting and primarily works in tax, M&A and business advisory services. He spends most of his time in dealership conference rooms around the country and often contributes on tax law, government assistance programs, auto tech trends and other hot topics.
What we’ve learned since 2018 and how that can help you
Dealers won big three years ago, after the Colorado Retail Warranty Reimbursement law passed. The law gave you a way to secure fair and reasonable market-rate reimbursement for your warranty claims.
In that time, we've learned much more about the process in Colorado. For example, we now know how each manufacturer interprets provisions of the statute. Today, nearly 50 percent of Colorado new car franchise dealers work with CADA's Endorsed Provider Armatus Dealer Uplift for their warranty claims.
In two weeks, join us at 8 a.m. Thursday, December 9 as Armatus Dealer Uplift’s Joe Jankowskiand Fairfield and Woods PC’s Michael Dommermuth present a refresher on retail parts reimbursement, the success to date in Colorado, and some ‘insider baseball’ on submitting for your annual labor rate. Michael Dommermuth will discuss your statutory remedies, if your manufacturer is not compensating your dealership at retail rates after submitting.
Do you offer medical benefits to your employees through CADA Insurance Services?
Attend FREE! Call 303.831.1722 for your code.
Want to attend FREE? EmailCraig Gordon or call: 303.457.5118.
About our presenters
Joe Jankowski is managing partner and Jordan Jankowski is the director of Operations for Armatus Dealer Uplift, a Hunt Valley, MD-based firm specializing in retail warranty reimbursement submissions. They have consulted on 13 retail warranty statutes and are recognized as subject matter experts in this technical arena.
Michael J. Dommermuth, director of Fairfield & Woods, P.C. helps dealerships in legal matters throughout the lifecycle of their businesses. As chair of the firm’s automobile dealership group, he brings more than three decades of experience counseling clients through the transactional, litigation, and regulatory hurdles entailed in operating a dealership in Colorado and throughout the Rocky Mountain West.
For information about any Endorsed Provider's products or services, contact Marsha Temple 303.457.5123 office | 303.589.3801 mobile
Don’t Let Your Guard Down Around Cold Weather
Although extreme cold weather has traditionally been isolated to certain parts of the country during the winter months, with climate change we are seeing shifts in how long cold weather will linger, where it is hitting, and the impacts it can have for those who are not prepared.1
Until you have witnessed firsthand the devastating effects of a blizzard, ice storm, wind storm, and other cold weather events, you may not realize how destructive — and dangerous — they can be. Temperature fluctuations can cause soft, fluffy snow piles to become dense, sharp ice blocks. The weight of snow can cause damage to homes, vehicles, and power lines. Icy wind can obscure visibility, water can form black ice on roads, and sharp drops in temperature can cause frostbite to exposed skin in minutes. Prepare for the worst by creating an emergency preparedness and response plan. Even if you think you will never have to face certain cold weather safety conditions, having a plan could be your saving grace if there is an unexpected cold weather event.
Emergency Preparedness
Addressing unique challenges specific to each business’ facilities, operations, and potential risks through an emergency preparedness and response plan is a tried and true way to prepare. Train your employees on your plan, and keep a copy of the plan on-site to reference. Pay attention to the National Weather Service as they issue watches, warnings, and advisories across various media channels. Depending on what type of cold weather is predicted, be ready to advise your employees to stay home if driving conditions are too dangerous. Update your business hours online if you need to close early or open late.
Business Response
Is your business ready to handle a cold weather event? There are several things to keep in mind that may help to keep your workplace and employees safe:
If ice or heavy snow are predicted, keep the area well lit and have shovels and sidewalk salt on hand to help prevent slips, trips, or falls.
Power outages due to heavy wind, snow, or ice may leave you without electricity. Consider purchasing a backup generator and keeping an emergency kit at your business.
Keep a close eye on the temperature — if employees must be outside be sure they have regular warming breaks and provide the appropriate protective gear for the weather.
Evaluate your company vehicles for winter weather readiness and make sure each one has a full tank of gas, an emergency kit, snow scrapers, and a spare shovel.
Employee Safety
Above all else, employee safety should a top priority. Your employees are your number one asset, and in unfamiliar weather situations they should know who to turn to for direction, and how to keep your business — and themselves — safe. It’s also a good idea to have your employees create a communications plan between their departure location and destination if they must drive. As seasonal changes bring lower temperatures each year, businesses should plan for the highest threat when it comes to weather events. Remember, it is better to be over-prepared than left out in the cold.
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