Congratulations to Phil Long Dealerships! Phil Long employees provide over $1 million to Pikes Peak United Way
Phil Long Dealerships is proud to announce that their employees have raised over $1 million dollars in support of Pikes Peak United Way’s mission to serve our community.
The partnership between Pikes Peak United Way and Phil Long Dealerships was started in the 1960s by Philip Long, founder of the automotive group. Over a half a century later, under the leadership of Jay Cimino, president and CEO of Phil Long Enterprise, Phil Long Dealerships continues to grow its legacy of impacting lives through its employees, community support, and philanthropic efforts.
“Now more than ever, there are people in our community who need help. As Coloradans, we are some of the strongest people during times of crisis. I am so proud of our employees for their generosity and passion to support those who are struggling and less fortunate,” said Cimino. “This year we are celebrating 75 years of serving Colorado and this amazing fundraising milestone by our employees, past and present, is a personal high note of mine.”
Cindy Aubrey, Pikes Peak United Way president and CEO, said, “Pikes Peak United Way is so very grateful to Jay Cimino and the Phil Long Family of Dealerships for their tremendous support of our southern Colorado communities.”
She observed that in the last 50 years, the dealerships have given more than $1 million to Pikes Peak United Way to help those in need. "We are so thankful for their generosity and their love for serving," Aubrey noted. "Our partnership with the Phil Long family is one we value and cherish.”
Cimino founded Mt. Carmel Veterans Service Center in 2014 in Colorado Springs, CO and founded Mt. Carmel Wellness and Community Center in 2010 in Trinidad, CO. Earlier this year, with a mission to provide relief and safety to our frontline workers, Phil Long Dealerships provided a free oil change and safety inspection to more than 3,600 essential workers.
Established in 1991, the Phil Long Community Fund has provided more than $2 million in grants for 501(c)(3) youth-based organizations across the Front Range, driven by the mission to sponsor activities and resources that champion the self-esteem and performance of youth in their pursuit of excellence in education, sports and recreation. In partnership with the Denver Broncos Charities, 15 fantasy playgrounds were built across the state of Colorado.
Phil Long’s goal for this year’s employee workplace campaign is $100,000, an increase over last year’s nearly $90,000 pledged and its current record for a yearly fundraising effort.
Congrats to CADA's Tim Jackson Named an 'All Star' by Automotive News
Automotive News, the nation's pre-eminent newspaper covering the automotive industry, has named Tim Jackson an "All Star" in the public policy category. The announcement was made today by the newspaper's editorial staff. Jackson serves as president/CEO of the Colorado Automobile Dealers Association (CADA).
Automotive News annually selects leaders, innovators, and outstanding performers from the automotive industry for excellence in their professions during the past 12 months.
The editorial staff said that typically the "All Stars" are honored at a dinner ceremony in Detroit but due to this year's coronavirus pandemic, the in-person event will not take place. All honorees will be featured in a special section of Automotive News beginning today.
Jackson said, "This came as a complete surprise and I'm deeply honored to join this year's group of Automotive News 'All Stars.' I'm especially honored because this award typically is presented to executives of the nation's leading automotive manufacturers and supply chain companies. Our public policy work at CADA is a team effort and is successful because of the dedicated volunteers and leadership of our actively engaged members who represent new vehicle dealers across Colorado."
The Colorado Automobile Dealers Association (CADA) is the trade association for 400 new car, truck, RV and motorcycle dealers across the state. As the chief staff officer of CADA, Jackson advocates for issues of importance to franchised new car dealers, business issues in general and the public’s Freedom to Drive and right to buy their vehicle of choice.
CADA provides training and education, legislative and regulatory advocacy, member services and legal compliance support for Colorado’s new car dealers. Prior to joining CADA in 2004, Jackson served as state director for the National Federation of Independent Business (NFIB), small business advocacy organization, with 600,000 members nationally.
Jackson and his wife, Beverly, reside in Denver. They have two grown children – a daughter, who is an attorney with FDIC, and a son, who is studying for a Ph.D. in Economics at the University of Miami.
Jackson also is a Certified Association Executive (CAE) and a Certified Meeting Professional (CMP) and a frequent speaker on business and auto industry issues.
Webinar next Tuesday:
Don't play high-stakes games with your dealership
Why Downplaying your Dealership's data privacy management can be a bet-the-business Decision
All Colorado auto dealerships are a a high-value target for data privacy breaches. Because you're considered digital gold, it's just a matter of time before you're attacked.
These hacks can cost you hard-earned money — and a lot of it — to pay ransomware, legal fees, to fix the situation and save your most of your customers from walking away from your dealership forever.
On top of that, class-action lawsuits that allege intentional and negligent failures to keep private consumer and employee data safe are on the rise.
Join us next Tuesday, December 8, at 8:30 a.m. as Fisher Phillips Partner Ed Hopkins explains how Colorado dealerships are subject to a slate of state and federal laws that govern how you collect, process, use, disclose, store, safeguard and dispose of personal information.
Designed for dealer principals, general managers, IT managers, business managers and controllers, Ed will show you how taking steps now to comply reduces the chances of litigation and enforcement actions, while protecting your brand.
We did it! Thanks to your generosity, the Foundation has permanently removed 810 vehicles from Colorado's roads for good this year. And even during the pandemic, those 810 vehicles surpass all of last year's 807 donations. Thank you to the following dealers who helped make that milestone possible last week:
Now, with just five weeks to go before we blow through the year of hindsight (remember, hindsight is 20:20), let's crush it in December. A year ago, we set a goal of 1,000 vehicles donated by the end of 2020, and we're only 190 vehicles away from crushing that.
We need your donations!And it's not just about meeting a goal.We'll be meeting with the governor next year and at that meeting, we'll share some scientific data with him about how all the vehicles that have been donated since the Foundation's inception have contributed — in a huge way — to better air quality in Colorado.
Your donations help us at the state legislature,with regulators and now with the governor.So yes, you can enjoy some tax breaks through your donations. And yes, you're doing a great service to your community and the greater good of Colorado's air. And absolutely, those donations can lead to better relations with the state legislature, regulators and our governor.
By the end of the month, your donations could be the hat trick of better air quality in Colorado.
Please donate those vehicles that have been hanging around your lot, those trade ins that aren't going to do anything for you at auction, and those low-value vehicles that could earn you a well-deserved rep in your community for doing the right thing for your neighbors.
Thanks for participating in our Legislative Grassroots Meetings!
Special thanks to those dealers who have been an active part of the 100 in 100 Days Campaign so far!
Power in Numbers
Currently, CADA has hosted 71 Legislative Grassroots Meetings with 71 Legislators and 21 Fundraising Events with 56 Legislators. Our staff has also been in attendance at 4 C-3 Legislative Base Camps alongside 30 Legislators. Our PAC Dinner was another successful gathering with 15 Legislators, adding another meeting type to the schedule - Political Action Events.
Only made possible through dealer attendance, we have been a part of 97 meetings with Legislator attendance totaling 172.
NADA has just announced the 2021 schedule of dealer franchise meetings taking place at next year’s NADA Show, Tuesday, February 9 through Thursday, February 11.
Just as with our in-person shows, next year's dealer franchise meetings will offer dealers and dealership managers the chance to learn the latest updates and changes happening with their franchises directly from their senior leadership.
This is your opportunity to not only hear from but to speak directly to automakers about your dealership's concerns during Q&A sessions. You'll also get to know other successful dealers under your brand.
Start planning your meeting schedule along with 60+ workshop sessions, insights from the Main Stage; thousands of products, live product demos and one-on-one meetings with exhibiting companies at NADA Expo; as well as networking opportunities across the entire automotive industry.
Plus, register early with no cancellation fee before Jan. 11.
Staying at the top of your game in the ever-changing world of automotive means constant education and self-growth. Check both boxes with CADA’s Education on Demand, through training that fits your schedule.
You’ll find relevant and timely training you can stream on topics ranging from COVID-19-related Employment Law to Solar and Hail inventory protection options, to Avoiding Lawsuits and Warranty Reimbursement. And we’re adding more sessions all the time.
Governor Polis issued a Colorado's mask mandate which requires everyone over the age of 11 to wear a non-medical face covering when in public spaces. The statewide mandate was first put in place in July, and has been extended every 30 days since then.
TN1060 3-layer disposable face masks (50/package)
TN2210 5-layer KN95 anti-dust face masks (50/package)
For information about any Endorsed Providers' products or services, contact: Marsha Temple 303.457.5123 office | 303.589.3801 mobile
Re-injury, Recovery and the ADA?
Question
I have an employee who texted me last week that he injured his back at home moving a dishwasher; that it was an old injury and that he re-injured and that he would need a couple of days to recover. I requested that he go to the doctor and get a full release before returning to work. I am getting some push back on that from the employee. I need some advice.
Answer
Generally speaking if an employee indicates that he or she has sustained an injury outside of work and will require several days off to recover, we are not aware of any federal or state law that would prohibit the employer from requiring the employee to produce a fitness for duty statement before returning. However, this requirement should made be pursuant to a clear company policy or consistently enforced practice, and not something imposed upon one employee that is not required of others who are similarly situated.
If company policy or past practice support the employer in requiring a fitness for duty statement before an injured employee comes back to work, as noted, we are not aware of any law prohibiting it from doing so here. The employer may want to provide the employee with a copy of his job description for his doctor to review in connection with opining on the employee's ability to safely return to work after his medical absence. That said, and getting specifically to your question, the employer generally should not mandate that an employee present a "full release" or similar statement from his/her doctor in order to return, as doing so constitutes a violation of the federal Americans with Disabilities Act (ADA). The EEOC addresses this specifically in its guidance at EEOC:Employer-Provided Leave and the Americans with Disabilities Act (and particularly the section titled "100% Healed Policies") as follows:
"An employer will violate the ADA if it requires an employee with a disability to have no medical restrictions -- that is, be "100%" healed or recovered -- if the employee can perform her job with or without reasonable accommodation unless the employer can show providing the needed accommodations would cause an undue hardship… The employer may not prohibit the employee from returning to work solely because she needs reasonable accommodations (though the employer may deny the requested accommodations if they cause an undue hardship). If the employee requires reasonable accommodations to enable her to perform the essential functions of her job and the accommodations requested (or effective alternatives) do not cause an undue hardship, the employer's requirement violates the ADA."
Admittedly, the guidance above relates to the rights and obligations imposed upon employers where the ADA applies (i.e., where a qualified individual with a disability has taken leave as a form of reasonable accommodation, and seeks to return from that leave). It is not clear whether the employee's injury here is disabling, nor whether he qualifies for statutory protection under the Act. That said, even if the employee is not disabled, it is still not advisable to require employees who have taken time off for medical reasons (whether related to a disability or not) to be fully or completely recovered, nor to have no restrictions or limitations, nor to present a "full release before returning to work." The better approach, best practice and our recommendation is to instead seek to have employees present a "fitness for duty" statement from their healthcare provider any time they seek to return to work after a medical leave of any kind. Such statement may or may not indicate restrictions or limitations. We recommend providing any such employee a copy of his/her job description so the healthcare provider can review it in connection with indicating the employee's fitness to return to work.
If there are no limitations or restrictions on an employee's ability to resume working, he or she should be placed back to work.
If, however, an employee's doctor indicates that there are some limitations or restrictions, the employer is entitled to know specifically what they are and how long they are expected to last. If an employee in this situation is, in fact, disabled, the ADA and state law require the employer to then engage the employee in an interactive dialogue to determine whether the accommodation the employee's doctor or healthcare provider indicates is necessary can be provided without an undue hardship to the employer. This is why a "full release" is so ill-advised -- it essentially eliminates the reasonable accommodation analysis that is one of the hallmarks of the statutory protection afforded to disabled individuals under the ADA. Note that even when an employee is not disabled, this process is still a good idea as a best practice.
We make a Medical Questionnaire for Accommodation Request form available that can be used in this situation to assist the employer in securing medical documentation necessary for the interactive process called for under the ADA. Again, upon timely return and receipt of the requested information, the employer can then determine from the objective data whether the employee is disabled, and if so, what kind of accommodation is needed, and from there can assess whether it reasonably can be provided. For more information on the duty to reasonably accommodate and undue hardship issues under the ADA, please see EEOC:Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA.
CSA's Annual Membership Breakfast is BYOB (Bring Your Own Breakfast!)
Join us for the Annual Membership Breakfast from the comfort of home via Zoom!
December 11, 2020 8:00 am to 9:30 am
Bring your own bacon, biscuit or burrito and dig in as we review 2020 and highlight what CSA has planned for 2021!
In addition to the business at hand, we have a special session to get your creative juices flowing!
Creativity!
When people hear or see the word creativity, they think art, music, play, something that belongs to children…but creativity is about so much more than that! Join us for a fun session on how to use your own creative nature to re-imagine how you meet, conduct business, or problem solve. This will be an introduction to ways you can unlock and get in touch with your own creativity. It is in all of us, we just may have to look for it!
This is a free Members Only Event. Your participation in this annual event is an important part of CSA's success and future. We appreciate your support and look forward to seeing you! To register you will need your Member Sign-in. Don't know you member sign-in? Request your log-in by emailing admin@coloradosafety.org