Wow! Thank you for your generous 24 donations last week! I'm super excited that with fewer than three weeks until we close the book on this year, you are CRUSHING it in December!
Thank you to the following dealers who are changing lives with their donations:
We just hit 844 donations for the year, bringing us to 5,337 all-time donations. That’s remarkable considering the roller coaster year we’ve had. Check your lot, and join the season of giving by donating any of those old clunkers to the Foundation this week!
David Roman attends school at Aims Community College while working at the Weld County Garage as an Apprentice Technician. (Yes, Apprentice Technician!)
That speaks volumes to his dedication and work ethic, as it’s unusual for a student to get into an apprenticeship role while still in school. David received a $4,000 tool scholarship so he can pursue his goal of becoming a Master Certified Automotive Technician. Congratulations David!
That reminds me: I have $4,000 left to award this year and the clock is ticking. If you have an employee in your service department who is going to school to become an Automotive Technician, encourage him or her to apply today!
Under the Hood: Service Department Legal Compliance
This year has been anything but normal, and has forced many changes in automotive retailing and service.
Colorado has detailed laws governing service department compliance. Failure to follow these laws can result in an award of treble damages and attorney fees.
Led by industry veterans Michael Dommermuth and Colin Walker, directors with Fairfield & Woods , PC, this webinar offers an update on new COVID-19 laws and regulations. You’ll learn more about how your service department and the employees you manage need to comply with these new rules.
Colin will cover Employment law topics, including liability for an employer’s failure to take COVID precautions and testing; Proposition 118, the new paid family and medical leave law enacted by Colorado voters in November; and the new pay equity law that goes into effect January 2021 — one of the most challenging laws ever faced by Colorado employers.
Michael will cover topics related to consumer consent, documentation and form requirements, electronic transactions, recalls, liability to inform and how to handle abandoned vehicles.
Michael J. Dommermuth, director of Fairfield and Woods, PC, has represented motor vehicle dealers throughout Colorado and the Rocky Mountain West for more than 30 years. His firm provides full-service representation of motor vehicle dealers
With more than 20 years’ general employment and litigation experience Director Colin Walker represents clients across a variety of industries, including automotive, in employment disputes.
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 75 Legislative Grassroots Meetings with 75 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 101 meetings with Legislator attendance totaling 176.
Learn from Industry Experts at NADA Show Education Sessions
This year, NADA Show will feature more than 60 education sessions, both live and on-demand, led by NADA Academy instructors and the industry's top automotive business experts, Tuesday, February 9 through Thursday, February 11.
Thanks to our first-ever online Show format, more dealers, managers and other dealership employees will have access to NADA's award-winning training, to help rebuild and re-energize their businesses. Without the cost of travel, dealers and managers can learn the latest strategies and emerging trends in their comfort of their homes or dealerships.
View the full schedule of workshops and education sessions taking place at this year’s Show. Then register today and secure your spot at the Auto Industry Event of the Year.
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 that requires everyone over the age of 11 to wear a non-medical face covering when in public spaces. The statewide mandate was 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)
Phil Long Dealerships announces 75th Anniversary truck giveaway winner
On Friday, December 11, Phil Long Dealerships announced its 75th Anniversary truck sweepstakes winner is Kay Vucasovich, where she'll use her $40,000 prize winnings for a new vehicle purchase!
Congrats Phil Long Dealerships for 75 years of keeping Coloradans moving!
For information about any Endorsed Providers' products or services, contact: Marsha Temple 303.457.5123 office | 303.589.3801 mobile
FMLA, Performance Deficiencies, When and How to Address?
Question
We have an employee who is on leave under the Family and Medical Leave Act (FMLA). No performance deficiencies had been addressed with the employee prior to FMLA leave, but multiple issues were found after she started leave. Can we address them right out of the gate when she returns? Also, our level of business has slowed down due to COVID-19. Does that figure into the equation anywhere?
Answer
No federal or state law prohibits the employer from addressing legitimate performance deficiencies when the employee returns to work, assuming this is consistent with company policy and practice (we assume no contrary contractual obligations exist). As such, yes, the employer would generally be within its discretion to discuss with the employee (when she is back at work) any issues that were discovered while she was on leave, though the employer should be careful to refrain from any indication that the employer is only raising such issues because the employee had gone on leave, for example, or that the leave was at all a factor. If the employer accuses the employee of this, the employer should at that point rebut any accusations she may make that are erroneous. You indicate that the "level of business has slowed down due to COVID-19." If this somehow impacts the employee's work, the employee is not entitled to better or more preferential treatment merely because she exercised leave rights under FMLA. As a general matter, the employee would be subject to any legitimate work-changes as a result of any COVID-19 impact on the business, just as she would had she not taken leave. Given the risks, the employer would do well to clearly convey any changes due to the pandemic as such, carefully refrain from any suggestion that such changes are somehow related to her leave and/or pregnancy (or any other protected characteristic), and document the same. We recommend reviewing the DOL guidance on "Limitations on an Employee's Right to Return to Work" at page 65 of the Employer's Guide to FMLA which is an excellent resource for employers relative to FMLA compliance, generally.
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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
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