I am pleased to present you with your copy of the 2018 Membership Directory. This annual GNYADA publication is an invaluable dealer resource, serving as both a guide to the Association’s vast suite of member services and a primer on rules and strategies to enhance your business operations.
This year’s Directory contains details on the State’s Paid Family Leave law, new requirements affecting NewYork City dealers, and reminders about workplace anti-discrimination and anti-harassment rules. We’ve also continued growing our network of Allied Members to help dealers with targeted advertising, customer retention, cutting-edge data security, and more. In a time of such exciting change for the automotive industry, dealers need easy access to information and support that will enable them to remain integral contributors to the conversations taking place. Not only does the information in this Directory save your business time and money, it also keeps you at the forefront of emerging trends.
Lee Certilman, Chairman Greater New York Automobile Dealers Association
Executive Committee (2018 - 2019) Lee Certilman - Chairman Gary Brown - Vice Chair Jane Millman - Vice Chair Melanie Spare-Oswalt - Vice Chair Oliver Brodlieb - Treasurer JackWeidinger - Secretary Robert Vail - Immediate Past Chairman Activities Committee Gary Schimmerling - Chairperson Jim Berg Gary Brown Louis G. Giordano Michael Levitan Brian Miller Christopher Penn
Education Committee Lee Certilman John Donaldson
Melissa Evans Robert Knapp John LaSorsa Gary Schimmerling Randi Siegel AndrewWeinstock Employee Relations Plan Committee Jane Millman - Chairperson Lee Certilman Aaron Berg Robert DeGregoris Melissa Evans David Karp Maryann Kolb Miles Miller Finance Committee Robert Vail - Chairperson
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Harold Reese Brett Saslow
Auto Show Committee John LaSorsa - Chairperson Brian Miller - Vice Chairperson Oliver Brodlieb Gary Brown Lee Certilman Louis G. Giordano Maryann Kolb
Oliver Brodlieb Lee Certilman
David Karp Brian Miller Government Relations Committee
Brian Miller - Co Chair Mark Lacher - Co Chair Jim Berg Gary Brown Lee Certilman Louis G. Giordano Daniel Karp
Miles Miller Robert Penn Randi Siegel JackWeidinger AndrewWeinstock
NextGen Ad-HOC Committee Christopher Penn - Co-Chair Gregory Vail - Co-Chair
Government Relations Committee continued Miles Miller Gary Schimmerling Greg Vail Robert Vail
Nick Austin Aaron Berg Melissa Evans Jordan Daiagi Harary Daniel Karp Evan Kuperman Randy Lacher
Membership Committee Gary Brown - Chairperson Steve Cannata John Donaldson Melissa Evans Melanie Spare-Oswalt Robert Penn Nominating Committee Robert Vail – Chairperson (15/16) (Past Chair) Louis G. Giordano – Chair (13/14) Brian Miller (09/10) Political Action Committee (PAC) Gary Schimmerling - Chairperson Mark Lacher Michael Levitan
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Miles Miller Randi Siegel JulianWindfield Greater New York Automobile Dealer Services Corporation Officers: Maryann Kolb - Chair Mark Schienberg - President Directors: Aaron Berg Oliver Brodlieb Robert DeGregoris John LaSorsa Jane Millman Christopher Penn Brett Saslow Gary Schimmerling Melanie Spare-Oswalt Center for Automotive Education & Training Officers: Mark Schienberg - President/CEO Louis G. Giordano - Vice Chairman
Brian Miller Robert Vail
Public Relations Committee JackWeidinger - Chairperson Steve Cannata Louis G. Giordano Daniel Karp John LaSorsa Michael Levitan Melanie Spare-Oswalt
Lee Certilman - Secretary John LaSorsa - Treasurer
Directors: Mark Lacher
2 0 1 7 - 2 0 1 8 H I GH L I GH T S
The Association held legislator meetings in Albany, Washington D.C., and at local dealerships advancing a robust agenda of dealer issues.
GNYADA dealers donated nearly 20 life-saving CPR training manikins to local firehouses and ambulance corps.
GNYADA dealers collected more than 10,000 winter coats for the New York Cares Coat Drive.
Record numbers of dealership employees attended training sessions at the Center for Automotive Education and Training.
GNYADA held it’s 26th Annual National Automotive Technology Competition.
A packed floor at the Javits Center for the 2018 New York International Auto Show.
GNYADA AT YOUR SERVICE
Greater New York Automobile Dealers Association 18-10Whitestone Expressway, Whitestone, NY 11357 T: 718.746.5900 | T: 800.245.4640 | F: 718.746.5557 | www.gnyada.com Websites Greater New York Automobile Dealers Association
Jennifer Berman, Director of Membership Services Julie Mercer, In-House General Counsel Kelsey Hering, Administrative Assistant Len Telvi, Field Service Representative Aaron Brown, Field Service Representative Communications Lilia Yudina, Communications & Marketing Manager Phyllis Aguilar, Communications Coordinator
Peter Crobak, Maintenance Dwayne Smith, Maintenance Eddie Sukhu, Maintenance
– Registration & Title Services 718.747.0400
Jean Marie Rugg, General Manager
244 245 253
Raj Budhu, Manager
Jessie Lam, Bookkeeping
AUTO DEALERS: SERVING CONSUMERS, GROWING LOCAL ECONOMIES
Automobile dealerships are the economic engines of the local communities in which they reside. The entrepreneurs who run them are job creators, community investors, and charitable contributors to local hospitals, fire departments, little leagues, and more. For more than 108 years, the Greater New York Automobile Dealers Association has dedicated itself to supporting this vital group of community invested businesses. GNYADA’s mission is to promote excellence in business practices, ethics, standards and service among franchised new car dealers for the benefit of both the industry and customers. The Association encourages the passage of positive legislation and the creation of a cooperative regulatory atmosphere at all levels of government. Another key commitment is providing education and training to greater New York’s retail automotive industry workforce.
Information is Key GNYADA works to keep its dealer members informed about important issues, trends, and regulations within the franchised new car marketplace. In addition to encouraging helpful legislation, the Association continually provides dealers with compliance solutions, newsletters, seminars, invitations to Association events, and many other benefits that support the needs of members and the communities they serve. One-Stop-Shop Assistance GNYADA’s Dealer Hotline provides dealers with fast answers to tax inquiries, employment issues, and other dealer matters. GNYADA’s Field Service Representatives continually provide members with compliance signs and posters, DMV forms, and useful tools and information that ensure their businesses run smoothly. The field team also performs complete facility walk-throughs informing dealers of potential EPA, OSHA, and Privacy Act violations.
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Advocating For Dealers An important function of the Association is promoting the interests of franchised new car dealers across all levels of government. The Association monitors hundreds of bills each year, holds dozens of meetings with federal, state, and local legislators, and spreads awareness about issues affecting automotive retail such as tax, recalls, advertising regulations, and brokers and leasing companies.
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Keeping Dealers In Compliance New car dealers are required to comply with numerous regulations on a daily basis. To help with this ongoing challenge, GNYADA provides members with comprehensive educational programs and practical reference guides covering state, local, and federal regulatory issues.
KEY EVENTS AND ACTIVITIES
New York International Auto Show: Inspiring consumers and an industry for over a century For 118 years the New York International Auto Show has been the world’s premiere showcase for automotive innovation and excitement. It is North America’s first and largest attended auto show and has been at the center of automobile news and passion since the very beginning. Today, the Show continues leading the way by providing consumers with useful information in a fun, exciting atmosphere to help guide their vehicle buying decisions. In 2018 68% of attendees said they are in the market to buy or lease a vehicle within the next 12 months, making the New York Auto Show the single largest automobile marketing event in the country.
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Dominick Totino and Jeff Orlando
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Cadillac’s newest addition.
68% of attendees intend to purchase a car within the next 12 months.
More than 60 world and North American debuts revealed at the 2018 New York Auto Show.
Volvo XC60 wins 2018World Car of the Year.
Dominick Totino and Jeff Orlando
The 2018World Traffic Safety Symposium focuses on rising roadway risk featuring top industry executives and government officials.
Electric vehicle parade opens the 2018 New York Auto Show.
An Event to Benefit Individuals Pursuing AUTOMOTIVE EDUCATION
GNYADA’s Annual Charity Golf Outing Every year, more than 400 dealers, allied members, and other guests participate in GNYADA’s Charity Golf Outing, raising money to provide scholarships for students who wish to pursue careers in the retail automotive industry. At the event, the Association awards educational scholarships to automotive students and military veterans enrolled in technician training at Lincoln Technical Institute. The day-long event, which has sold out for the past 8 consecutive years, features delicious food and great prizes and takes place at the prestigious Old Westbury Golf & Country Club on Long Island.
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Photos: Dominick Totino
Franchise Law | Buy/Sell Agreements | Employment Law | Corporate Law DMV / Consumer Affairs | Federal & NYS Litigation | Lemon Law Regulatory Compliance & Training | Advertising | Arbitration & Mediation Warranty Parts and Labor Reimbursement Increases
STEVAN H. LABONTE, ESQ. 1461 Franklin Avenue, Suite LL-S, Garden City, New York 11530 P: 516.280.8580 F: 631.794.2434 firstname.lastname@example.org LaBonteLawGroup.com
GNYADA’s Dealer Hotline handles inquiries that cover a wide variety of topics. Questions range from ”Is my dealership required to disclose the prior use of a vehicle?”to“Canmy customer export this car to a foreign country?” to “Are e-cigarettes permitted in the shop?” The Association offers compliance help with OSHA regulations, DMV requirements, Red Flags Rule policies, as well as hundreds of other topics. Most often, members’ issues are resolved immediately. However, if the problem is more complex, Association staff conducts research in-house or reaches out to experts or the appropriate agencies.
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Field Services GNYADA’s Field Services team keeps dealers aware of current and pending issues. Our field reps cover the full breadth of our territories, from out in Eastern Long Island, all the way up to Dutchess, Orange, and Putnam counties. They assist local dealers daily, keeping them updated with the information they need to run their businesses. This personal contact helps ensure our programs are relevant to dealers and their employees. During visits, members stock up on labor, service and shop posters, DMV forms, seminar registration materials, and other useful items. Representatives may also complete a walk-through of the dealership, inspecting each area for potential EPA, OSHA, and Privacy Act violations as well as proper signage. Dealership Compliance Dealers face multiple state and federal laws regulating their dealerships. Even keeping proper records can be a challenge. GNYADA offers dealers compliance solutions through seminars, webinars and workshops in addition to providing other hands-on reference compliance materials. Throughout the year, GNYADA gathers industry specialists to hold educational seminars that help members comply with often complicated regulations affecting every aspect of dealership operations. Covered topics include sales tax rules, privacy, identity theft, OSHA’s Hazard Communication, franchise law, and employment law. GNYADA also hosts special programs for dealers based on their region.
Dealer Facility Licensing GNYADA assists dealers through the arduous licensing/amendment process. Operating franchised dealerships in New York requires dealers to follow numerous DMV, tax, and other rules and requirements. Additional paperwork is needed when operating in New York City limits. Completing the application correctly and attaching the proper documentation and fees is mandatory. GNYADA’s experience and contacts help guide both first-time New York dealers as well as established dealers through the system. Surety Bonds New York State Department of Motor Vehicles Law Section 415 requires new car dealers to have a $50,000 surety bond to secure or maintain their facility licenses. The Association assists dealers with surety bonds, out-of-state bonds, DCA bonds, Utility bonds, Games of Chance Bonds, ERISA Bonds and others. Since the program began, over 1,000 bonds have been secured for dealerships. GNYADA secures bonds through the “A” rated Selective Insurance at very reasonable rates. New car dealer bonds cost $300 and are valid for two years. GNYADAmembers can also purchase $20,000 or $100,000 Used Car Bonds for their separate Used Car facilities at a discount. These are also valid for two years. The Association’s bonds feature: • Simple application
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• No required financial statements • 24-hour turnaround, when needed • Amendments to name and address at no additional charge • No credit checks for you OR your spouse • Flat rate pricing • Automatic renewal
Warranty Parts Reimbursement Program The New York Franchise Law includes a method for auto dealers to claim retail mark-up for parts used for warranty repairs. GNYADA has a program to help dealers prepare and submit requests for increased reimbursement. Each manufacturer has different requirements, and each submission is tailored to the specific brand. This program continues to be very successful in obtaining increased payments for warranty work to members. Contact GNYADA to work with you on your submission to your manufacturer.
Government Relations - Advocacy for Franchised New Car Dealers
GNYADA understands that compliance with the laws and regulations for operating new car dealerships in the New York metropolitan area is challenging. The Association forges relationships with lawmakers and government agencies to help shape the marketplace for members. GNYADA’s Government Relations staff actively keeps tabs on what’s happening in the halls of government, supporting legislation that will help dealers and opposing any laws that would hinder or constrain dealership operations.
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In the past year alone, GNYADA has: • Lead the fight on recalls, seeking legislation to place burden on manufacturers. • Aggressively advocated for increased regulation on brokers and leasing companies.
• Worked with New York State to launch its first-ever customer incentive program for selling ZEVs. • Defended the Franchise System in the face of rampant gallery car sellers who circumvent the dealership model. • Helped to pass a recall disclosure bill in New York City. In order to create more success stories like these, it’s crucial to support political candidates who understand the needs of businesses in New York State and who are willing to listen to dealers’ ideas and proposals. GNYADA has a strong presence in Albany. Staff works closely with franchise law consultants and an Albany lobbying firm to effectively advocate for dealer reforms and prevent harmful legislation from being enacted.
Registration and Title Services Since 1995, GNYADA’s DMV-DIRECT office has helped hundreds of Association members process titles and registrations with speed and efficiency. The office’s knowledgeable staff assists dealers with in-state and out-of-state transactions, trouble- shooting problems, and responding to any questions related
to DMV work, all at a minimal cost. DMV-DIRECT is the New York State DMV’s largest private sector partner, maintaining the lowest error rate in the state. DMV-DIRECT is also the only DMV partner outside of Connecticut that can issue Connecticut plates.
DMV-DIRECT Services for Dealers
Lowest Rates in New York
• Registrations – permanent documents issued • Duplicate titles – 3-5 days • Out-of-state registration & title processing – 42 States • Training workshops for dealership billers • Connecticut transactions – Plates issued onsite • Phone/email customer support for all DMV questions • Dial-in inquiry for information verification • In-transit permits • In-transit processing
GNYADA and DMV-DIRECT Offer “In-House”Reviews Would your police books, plate logs, and other paperwork stand up to a DMV audit? DMV-DIRECT will conduct a review at your dealership to ensure your facility is compliant with DMV recordkeeping requirements. During this review, DMV-DIRECT will: • review all transmittals for a 12-month period. • review randomly selected transactions where a license plate was issued (plate log, transmittal, police book, deal jacket). • scrutinize security precautions and recommend improvements where necessary. • ensure that dealership police books comply with DMV rules. Upon completing the review, DMV-DIRECT will provide a report detailing the findings. The written report will also include recommendations and procedures for the dealership to implement to maintain compliance with DMV regulations. For more information, contact DMV-DIRECT at 718.747.0400.
Insurance Brokerage The GNYADA Insurance Brokerage ensures all members have the coverage that they and their employees require. In addition to providing specialized insurance products for specific business situations, the Brokerage recommends alternative programs that can save money and improve benefits. This helps dealers keep compliant with new requirements and IRS form filing. The experts at the Brokerage understand the insurance needs of both small and large businesses. Having deep relationships with some of the leading carriers in New
York, the Brokerage works with individual dealers to find structures of coverage that meet their needs and goals. The insurance products offered through the Brokerage include: Workers’ Compensation – By partnering with “A” rated insurance provider AmTrust and intermediary broker Arthur J. Gallagher, the Brokerage offers a robust and highly competitive Workers’ Comp Program. Through AmTrust, a dividend is also available; dividend payouts for GNYADA members in the AmTrust Safety Group could be as high as 40% (based on a group loss ratio of 15% or less). Medical Insurance –We will work with you to select the plan that best meets the needs of your employees and the goals of your company, whether it’s an HMO, EPO, POS, PPO, or CDHP or a combination of any of these. The goal is to allow you to make an informed decision based on the information presented. Dental Insurance – Plans can offer coverage in-network only or can be combined to offer out-of-network coverage to accommodate your employees. Most dental plans and preventative procedures are covered at 100%. Vision Plans – This is a relatively inexpensive benefit but an important one. Many workplace errors are made by employees who should be wearing glasses, but don’t since they are not covered by a vision plan. Life Insurance – Most group life insurance plans will offer a guaranteed issue amount, even if an employee has an existing medical condition. It is one of the best ways to obtain Life Insurance at a lower cost than an individual policy. Members can choose from Term, Universal, or Whole Life Products. DBL – The Brokerage offers an enhanced DBL program through ARCH Insurance. With this program, dealers can offer employees’the benefit of either 50% of average weekly wages for 26 weeks or 60% for 52 weeks. Employees have a choice of maximum weekly benefits ranging from $170 to $850 per week. Voluntary Benefits – These plans are individual but are offered through a group plan. They are normally paid 100% by the employee. Most can be on a pretax basis. They are: • Specific Disease – This coverage— for cancer, for example—helps pay for both medical and non-medical expenses. • Short-Term Disability – Pays for expenses while the employee is unable to work. • Accident – Benefits depend on the type of accident. • Hospital Confinement – This protects against out of pocket expenses, such as, deductibles and copays, which are associated with a hospital stay. • Life Insurance (Term or Universal) – Term is the least expensive type of Life Insurance; Universal is more costly but builds up cash value. You decide which one meets your needs. Long-Term Care – Provides assistance when an individual can no longer perform the activities of daily living. Benefits can be received as an inpatient or at home. Pet Insurance – As a member of GNYADA, you are entitled to a group discount of 10% and receive an additional 10% if you need to cover multiple pets.
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Flexible Spending Accounts – Allows employees to set aside a percentage of their pay on a pretax basis for eligible medical expenses ($2,550/yr.), dependent care ($5,000/yr.), parking ($250/mo.), and transit ($130/mo.). Senior Services –We can address the health insurance needs of your senior employees before and after they turn 65. There are benefits to both employees and employers.
Cobra –We administer this benefit for medical, dental, and vision plans.
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GNYADA’s team of experts will walk you through the process to help you choose the plan that works best for your business situation. Contact Michael W. Conway, Executive Director of the Insurance Brokerage, at 718-746-8100 Ext. 405 or email@example.com.
Education and Training Programs The Association has been offering cost effective quality training programs to members for more than 30 years. GNYADA’s education programs cover every aspect of dealership operations. The Association continually adds new seminars and updates existing ones to reflect the changes taking place in our industry. Instructors have industry specific knowledge and dealership experience. Their teaching methods include extensive role-playing, sharing current trends, and providing attendees with action plans to take back to their dealerships to help them succeed in their roles.
dealers club discount G R E A T E R N E W Y O R K A U T O M O B I L E D E A L E R S A S S O C I A T I O N
Want to reduce overhead, save time, and identify vendors who offer products and services geared toward today’s dealerships? GNYADA’s Dealers Discount Club is the answer! Through this exclusive cooperative buying service for GNYADA Members, we’ve used the collective buying power of the membership to negotiate outstanding discounts on the services dealers need most. Our Dealers Discount Club vendors offer a range of products and services, and are committed to providing dealers with excellent products and service.
2 0 1 8 MEMBERSHIP DIRECTORY Preferred VENDORS
Check Guarantee Certegy - www.certegy.com
Check processing, authorization and risk management, electronic check conversion, check collections and check cashing services. Contact: Deb Besch Email: firstname.lastname@example.org Phone: 402-517-2349
Coffee Service, Water Coolers U.S. Coffee - www.uscoffee.com Gourmet Coffee andWater Service. Contact: Rosann Ruskin Email: email@example.com Phone: 800-776-2866 x 635
Compliance & Inventory Solutions Dealertrack Technologies - www.dealertrack.com Compliance, Inventory Solutions, Digital Marketing. Contact: Ernest Lattimer Email: Ernest.Lattimer@dealertrack.com Phone: 516-547-2242
See Ad on pg 15
See ad on Preferred Vendors tab
Credit Cards Xenex - www.goxenex.com Credit and debit card processing. Contact: Michael Sclafani Email:
Employee Discounts/Shopping Working Advantage - www.workingadvantage.com/gnyada 800-565-3712 Express Shipping, Next Day, 2nd Day, Ground and International Shipping UPS - www.1800members.com/gnyada Ship and Save with UPS. 800-636-2377 General and Customized Sales and Service Department Forms Reynolds & Reynolds - www.reyrey.com Automotive forms and information systems. Contact: Jimmy Griffin Email: James_griffin@reyrey.com Phone: 800-635-9515
Promotional Items Kenro Industries - www.kenroindustries.com Pens, awards and promotional items. Contact: Elizabeth Lopes Email: firstname.lastname@example.org Phone: 516-741-0011
COMMITMENT TO EDUCATION
Education & Training The Greater New York Automobile Dealers Association is dedicated to educating, supporting, and inspiring people to pursue the mosaic of employment opportunities and high earnings potential offered at franchised new car dealerships. Our Programs play a critical role in preparing dealership professionals for the competitive challenges of today’s automotive retail industry. GNYADA’s programs enable employees across all departments to make vital contributions to the success of their dealership.
2 0 1 8 MEMBERSHIP DIRECTORY Hot TOPICS EDUCATION & TRAINING
All seminars are taught by industry leaders who combine their dealership experience with the latest techniques in their field. Classroom instruction combines lectures and demonstrations with comprehensive hands-on
exercises. Our team of instructors trains automotive professionals to improve operations, become more profitable, and help realize job potential by providing face-to-face, hands-on training in areas such as: • Sales • Service • F&I • BDC • Office Administration • Digital Retailing • Management • Compliance
In order to accommodate the schedules of dealership employees and maximize classroom utilization, we typically offer courses mid-week; Tuesday-Thursday in the middle weeks of the month. Programs typically take between 3 - 6 hours to complete, with member discounted registration fees ranging from $85.00 to $149.00. To view a complete line of offerings visit www.gnyada.com/education .
Scholarships The Greater New York Automobile Dealers Association’s Scholarships are dedicated to fostering the next generation of automotive industry leaders. Our vision is to ensure that the retail auto industry in greater New York remains strong, focused, and innovative for future generations.
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Every year, GNYADA awards thousands of dollars in scholarships to qualified students pursuing careers in the retail automotive industry. The Association offers scholarships in a multitude of categories including those pursuing education in Automotive Retail Management and as Automotive Service Technicians. Scholarship applications can be downloaded at www.gnyada.com/education/scholarships .
Job Bank Service GNYADA offers a Job Bank Employment Service to all Association members. The Job Bank is a recruitment and placement service that houses resumes of potential employees looking to pursue a career in the industry. GNYADA distributes approximately 1,000 resumes per month to inquiring dealerships. Employers can easily call our staff or browse the Association’s website to view viable candidates online.
To view the Job Bank online visit www.gnyada.com/careers/job .
Automotive Technology Competitions One of the most pressing needs in the automotive industry is attracting quality young individuals to seek automotive careers. The Automotive Technology Competitions sponsored by GNYADA have proven excellent opportunities for just that. For 28 years, GNYADA has sponsored these hands-on technical competitions in order to educate the next generation of automotive technicians and accelerate the development and demonstration of technologies of interest to franchised new car dealers and the automotive industry.
GNYADA uses the competition as a means to challenge schools across the nation to hold the curriculum of automotive education tomore rigorous standards, ensuring that students master the skills they need to succeed as lifelong learners, workers, and citizens. These competitions represent a unique coalition of franchised new car dealers, auto manufacturers, government, and academic partners who work together to ensure students will be ready for the demands of working in dealership service centers. The competitions are designed to be robust and relevant to the real world, reflecting the knowledge and skills that our young people need for success in today’s technologically advanced automotive industry. To learnmore about the GNYADA sponsored AutomotiveTechnology Competitions visit www.nationalautotech.com .
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Automotive Youth Education Systems Through The Greater New York Automobile Dealers Association’s AYES Program, high school automotive technology students are given guidance to explore rewarding automotive careers. The GNYADA AYES Program fosters a bridge between technically-oriented young people who are exploring career options and new car dealers who urgently need talented technicians. In addition to taking the academic courses that are required in order to earn their high school degrees, students take challenging classroom/laboratory courses in basic automotive technology. The capstone of GNYADA’s AYES Program is a 320- hour workplace internship. Under the guidance of a mentor (an experienced technician), students develop both their technical skills and their skills as valuable employees. Upon high school graduation, participating students are prepared to begin full-time entry- level employment, or to advance their technical education. If you would like to participate in the AYES Student Internship Program, contact Carole Rogner at Carole@gnyada.com.
GNYADA’s Dealer Services Team has assembled this collection of Hot Topics and important tips. Don’t see your questions answered here? Call us at 718.746.5900, or email email@example.com.
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This section closely addresses the issues that our members ask us about most frequently. Here, we will explain the complex legal requirements that dealers face, review new regulations impacting dealerships, and share tips and strategies that will enhance the efficiency and profitability of your business. Our collection of Hot Topics also serves as helpful reference material covering a range of compliance topics, such as data security, employee relations, workplace safety, and more. For more information on these and other topics, visit www.gnyada.com , call GNYADA at 718.746.5900 , or email firstname.lastname@example.org .
USED CAR RECALLS
Dealers trying to keep up with what needs to be done to sell a used car subject to an open recall face a confusing maze of different information from numerous agencies. The FTC, the State Attorney General, the DMV, and the NYC Department of Consumer Affairs are a few groups that oversee dealer practices. Guidance is often inconsistent but these agencies agree that, as far as recalls go, disclosure is important. Recently, the New York State Attorney General entered into agreements (Assurances of Discontinuance or AOD) with hundreds of dealers. The AOD requires dealers to place a notice in the window of each used car they offer for
sale, which explains how consumers can check the vehicle’s recall status. In response, GNYADA created a Recall CheckWindow Decal notice for dealers to display on their preowned inventory. The decal tells customers that used cars may be subject to open recalls and that they can research the recall status of a vehicle by using SaferCar.gov.
While the AOD’s settlement terms apply only to dealers who signed one, ensuring that customers are aware of potential recalls is currently a best practice for all dealers. GNYADA offers 300 Recall Check Window Decals for $39.50. The decals are 3.5”, reusable, polypropylene laminated, and weatherproof. To order decals, please call the Association at 718.746.5900.
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RECALL CALLS DO NOT VIOLATE “DO-NOT-CALL”
Dealers who call customers about recall-related issues are not violating national Do-Not-Call rules. This exception applies only when the repair work is completed at no cost to the customer. Any attempts to sell additional products or services during the conversationwill designate it as a phone solicitation, which is prohibited. Cell phones, texting, autodialing, and prerecorded calls are subject to the Telephone Consumer Protection Act (TCPA). Dealers may not be able to tell if they are calling a mobile phone or landline. However, if a customer provided you with their cell phone number, you can call to notify them of the recall, as long as you limit the conversation to that recall.
THE LOWDOWN ON PREPRINTED FEES
Dealers often ask the Association whether they can preprint charges, such as prep fees or dealer markup, on their invoices. Our answer: The only preprinted charge you should have on your buyers order is the doc fee, which is specifically authorized by DMV regulations and currently set at $75. Dealers who preprint charges on buyers orders have been the target of past AG and DMV enforcement. Preprinting charges can make them appear to be mandatory or state imposed. Additionally, the AG’s office has argued that adding an additional fee after you have negotiated a price with a consumer could be a deceptive practice. A preprinted fee for some specific item could subject you to charges that you are “packing” the deal. In addition to enforcement by the state, you could be opening the door to a class action lawsuit. Including language in a footnote that the extra charge is an additional markup or dealership profit probably won’t save you from potential legal action if you preprint a charge on the buyers or lease order.
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Repair Orders & Shop Supplies: DMV has maintained that no preprinted fees are permitted on repair orders.
Charges for the disposal of waste materials such as antifreeze, brake fluid, and solvents must be clearly identified and itemized on repair orders and advertising. Charges for these items must be reasonable and must be limited to those repairs where such materials actually were included in the repair. The same rule applies to shop supplies such as nuts, bolts, or cleaners. Further, state law prohibits additional charges for accepting some waste (such as waste oil) and you must avoid those charges as well.
FREE —FOR— GNYADA MEMBERS
These signs must be posted prominently in your dealership. To update your signage, please contact GNYADA at 718.746.5900.
Post in Sales and Customer Waiting Area
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For Westchester Only.
Service and Sales Area
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Two versions available depending on how your dealership calculates labor rates.
Placement of non smoking signs varies. Contact your county health department for guidance.
New York City *Includes Vaping
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Putnam County Rockland County Suffolk County Westchester County
PaidFamilyLeave isemployee funded insurance thatprovides job-protected,paid timeoff to: • Bondwithanewlyborn,adoptedor fostered child; • Care fora familymemberwitha serioushealth condition;or • Assist lovedoneswhena familymember is called toactivemilitary serviceabroad. Eligibility: • Employeeswitha regularworkscheduleof 20ormorehoursperweek areeligibleafter 26consecutiveweeks ofemployment. • Employeeswitha regularworkscheduleof less than20hoursperweek areeligibleafter 175daysworked . Benefits: In2018, you can takeup toeightweeksofPaidFamily Leaveand receive50%of youraverageweeklywage, capped at50%of theNewYorkStateaverageweeklywage.Generally, youraverageweeklywage is theaverageof your lasteight weeksofpayprior to startingPaidFamily Leave. RightsandProtections • JobProtection :Return to the sameor comparable jobafter you take leave. • You keep your health insurance whileon leave (youmayhave to continuepaying yourportionof thepremium costs, ifany). • Your employer isprohibited fromdiscriminatingor retaliating against you for requestingor takingPaidFamily Leave. • You donothave toexhaust sick leaveorvacation accrualsbeforeusingPaidFamily Leave. PaidFamilyLeaveRequestProcess 3.Completeandattach theadditional formsas requiredand submit to the insurance carrier listedbelow. 4.The insurance carriermustpayordeny your requestwithin 18daysof receiving your completed request. Youmayobtainall forms from youremployer, their insurance carrier listedbeloworonlineatwww.ny.gov/PaidFamilyLeave. Disputes If yourPaidFamily Leave claim isdenied, youmay request tohave thedenial reviewedbyaneutralarbitrator.The insurance carrier listedbelowwillprovide youwith informationabout requestingarbitration. DiscriminationComplaints If youremployer terminates youremployment, reduces yourpayand/orbenefits,ordisciplines you inanywayasa resultof you taking oraskingaboutPaidFamily Leave, youmay request tobe reinstatedby taking these steps: 1.Complete theFormalRequest forReinstatementRegardingPaidFamily Leave form (PFL-DC-119) 2.Send your completed form to youremployeranda copyof the completed form to:PaidFamily Leave,P.O.Box9030,Endicott, NY 13761-9030 3.If youremployerdoesnot reinstate youwithin30days, youmay fileadiscrimination complaintwith theWorker'sCompensation Boardusing formPFL-DC-120,availableathttp://www.ny.gov/PaidFamilyLeave.TheWorker'sCompensationBoardwillassemble your caseand scheduleahearing. Youareeligible regardlessof your citizenshipor immigration status. 1. Notify youremployerat least30days inadvance, if foreseeable,oras soonaspossible. 2.Completeand submit theRequest forPaidFamily Leave (FormPFL-1) to youremployer.
This information isa simplifiedpresentationof your rightsas requiredbySection229 of theDisabilityandPaidFamily LeaveBenefits Law.Youremployer'spaid family leave benefits insurance carrier is:
PFLHelpline: (844)337-6303 ●
Employee Bulletin Board
EMPLOYEE RIGHTS UNDER THE FAMILYANDMEDICAL LEAVEACT
EMPLOYEE RIGHTS UNDER THE FAIR LABORSTANDARDSACT
YOURRIGHTSUNDERUSERRA THEUNIFORMEDSERVICESEMPLOYMENT ANDREEMPLOYMENTRIGHTSACT USERRAprotects the job rightsof individualswho voluntarilyor involuntarily leaveemploymentpositions toundertake military serviceorcertain typesof service in theNationalDisasterMedicalSystem. USERRAalsoprohibitsemployers from discriminatingagainstpastandpresentmembersof theuniformed services,andapplicants to theuniformed services. REEMPLOYMENTRIGHTS Youhave the right tobe reemployed in yourcivilian job if you leave that job toperform service in theuniformed serviceand: HEALTH INSURANCEPROTECTION ✩✩ If you leave your job toperformmilitary service, youhave the right toelect tocontinue yourexistingemployer-basedhealthplan coverage for youand yourdependents forup to24monthswhile in themilitary.
Eligibleemployeeswhowork foracoveredemployercan takeup to12weeksofunpaid, job-protected leave ina12-monthperiod for the following reasons: • Thebirthofa childorplacementofa child foradoptionor foster care; • Tobondwitha child (leavemustbe takenwithin1 yearof the child’sbirthorplacement); • To care for theemployee’s spouse, child,orparentwhohasaqualifying serioushealth condition; • For theemployee’sownqualifyingserioushealthcondition thatmakes theemployeeunable toperform theemployee’s job; • Forqualifyingexigencies related to the foreigndeploymentofamilitarymemberwho is theemployee’s spouse, child,orparent. Aneligibleemployeewho isa covered servicemember’s spouse, child,parent,ornextofkinmayalso takeup to26weeks ofFMLA leave ina single12-monthperiod to care for the servicememberwitha serious injuryor illness. Anemployeedoesnotneed touse leave inoneblock.When it ismedicallynecessaryorotherwisepermitted,employees may take leave intermittentlyorona reduced schedule. Employeesmay choose,oranemployermay require,useofaccruedpaid leavewhile takingFMLA leave. Ifanemployee substitutesaccruedpaid leave forFMLA leave, theemployeemust complywith theemployer’snormalpaid leavepolicies. WhileemployeesareonFMLA leave,employersmustcontinuehealth insurancecoverageas if theemployeeswerenoton leave. Upon return fromFMLA leave,mostemployeesmustbe restored to the same joboronenearly identical to itwith equivalentpay,benefits,andotheremployment termsand conditions. Anemployermaynot interferewithan individual’sFMLA rightsor retaliateagainstsomeone forusingor trying touseFMLA leave, opposinganypracticemadeunlawfulby theFMLA,orbeing involved inanyproceedingunderor related to theFMLA. Anemployeewhoworks foracoveredemployermustmeet threecriteria inorder tobeeligible forFMLA leave.Theemployeemust: • Haveworked for theemployer forat least12months; • Haveat least1,250hoursof service in the12monthsbefore taking leave;*and • Workata locationwhere theemployerhasat least50employeeswithin75milesof theemployee’sworksite. *Special “hoursofservice” requirementsapply toairlineflightcrewemployees. Generally,employeesmustgive30-days’advancenoticeof theneed forFMLA leave. If it isnotpossible togive30-days’notice, anemployeemustnotify theemployerassoonaspossibleand,generally, follow theemployer’susualprocedures. Employeesdonothave toshareamedicaldiagnosis,butmustprovideenough information to theemployerso itcandetermine if the leavequalifies forFMLAprotection.Sufficient informationcould include informinganemployer that theemployee isor willbeunable toperformhisorher job functions, thata familymembercannotperformdailyactivities,or thathospitalizationor continuingmedical treatment isnecessary.Employeesmust inform theemployer if theneed for leave is fora reason forwhich FMLA leavewaspreviously takenorcertified. Employerscan requireacertificationorperiodic recertificationsupporting theneed for leave. If theemployerdetermines that the certification is incomplete, itmustprovideawrittennotice indicatingwhatadditional information is required. Onceanemployerbecomesaware thatanemployee’sneed for leave is fora reason thatmayqualifyunder theFMLA, the employermustnotify theemployee ifheorshe iseligible forFMLA leaveand, ifeligible,mustalsoprovideanoticeof rightsand responsibilitiesunder theFMLA. If theemployee isnoteligible, theemployermustprovidea reason for ineligibility. Employersmustnotify itsemployees if leavewillbedesignatedasFMLA leave,and ifso,howmuch leavewillbedesignatedas FMLA leave. Employeesmayfileacomplaintwith theU.S.DepartmentofLabor,WageandHourDivision,ormaybringaprivate lawsuit againstanemployer. TheFMLAdoesnotaffectany federalorstate lawprohibitingdiscriminationorsupersedeanystateor local laworcollective bargainingagreement thatprovidesgreater familyormedical leave rights.
The law requiresemployers todisplay thisposterwhereemployeescan readilysee it.
At least 1½ times the regular rateofpay for all hoursworkedover 40 in aworkweek.
An employeemustbe at least 16 yearsold towork inmost non-farm jobs and at least 18 towork in non-farm jobsdeclaredhazardousby theSecretaryofLabor.Youths 14 and 15 yearsoldmay workoutside school hours in various non-manufacturing,non-mining, non-hazardous jobswith certainwork hours restrictions.Different rules apply in agricultural employment. Employersof “tipped employees”whomeet certain conditionsmay claim apartialwage credit basedon tips receivedby their employees.Employersmustpay tipped employees a cashwage of at least $2.13per hour if they claim a tip credit against theirminimumwageobligation. If an employee’s tips combinedwith the employer’s cashwageof at least $2.13per hourdonot equal theminimum hourlywage, the employermustmake up thedifference. TheFLSA requires employers toprovide reasonablebreak time for a nursingmother employee who is subject to theFLSA’sovertime requirements inorder for the employee to expressbreast milk for her nursing child forone year after the child’sbirth each time such employee has a need to expressbreastmilk.Employers are also required toprovide aplace,other than abathroom, that is shielded from view and free from intrusion from coworkers and thepublic,whichmaybe usedby the employee to expressbreastmilk.
✩✩ youensure that youremployer receivesadvancewrittenor verbal noticeof your service; ✩✩ youhave five yearsor lessofcumulative service in theuniformed serviceswhilewith thatparticularemployer; ✩✩ you return toworkorapply for reemployment ina timelymanner afterconclusionof service;and ✩✩ youhavenotbeen separated from servicewithadisqualifying dischargeorunderother thanhonorableconditions. If youareeligible tobe reemployed, youmustbe restored to the job andbenefits youwouldhaveattained if youhadnotbeenabsentdue to military serviceor, in somecases,acomparable job. RIGHTTOBEFREEFROMDISCRIMINATIONANDRETALIATION If you: ✩✩ areapastorpresentmemberof theuniformed service; ✩✩ haveapplied formembership in theuniformed service;or ✩✩ areobligated to serve in theuniformed service; thenanemployermaynotdeny you: ✩✩ initialemployment; ✩✩ reemployment; ✩✩ retention inemployment; ✩✩ promotion;or ✩✩ anybenefitofemployment becauseof this status. Inaddition,anemployermaynot retaliateagainstanyoneassisting in theenforcementofUSERRA rights, including testifyingormakinga statement inconnectionwithaproceedingunderUSERRA,even if that personhasno serviceconnection.
✩✩ TheU.S.DepartmentofLabor,VeteransEmploymentandTraining Service (VETS) isauthorized to investigateand resolvecomplaints ofUSERRA violations. ✩✩ Forassistance in filingacomplaint,or foranyother informationon USERRA,contactVETSat 1-866-4-USA-DOL or visit itswebsiteat http://www.dol.gov/vets . An interactiveonlineUSERRAAdvisorcan be viewedat http://www.dol.gov/elaws/userra.htm . ✩✩ If you fileacomplaintwithVETSandVETS isunable to resolve it, youmay request that yourcasebe referred to theDepartment ofJusticeor theOfficeofSpecialCounsel,asapplicable, for representation. ✩✩ Youmayalsobypass theVETSprocessandbringacivilaction againstanemployer for violationsofUSERRA. ✩✩ Even if youdon’telect tocontinuecoverageduring yourmilitary service, youhave the right tobe reinstated in youremployer’s healthplanwhen youare reemployed,generallywithoutanywaiting periodsorexclusions (e.g.,pre-existingconditionexclusions)except for service-connected illnessesor injuries. ENFORCEMENT
ENFORCEMENT TheDepartment has authority to recoverbackwages and an equal amount in liquidateddamages in instancesofminimumwage,overtime, andother violations.TheDepartmentmay litigate and/or recommend criminalprosecution.Employersmaybe assessed civilmoneypenalties for eachwillfulor repeated violationof theminimumwageorovertimepayprovisionsof the law. Civilmoneypenaltiesmay alsobe assessed for violationsof theFLSA’s child laborprovisions. Heightened civilmoneypenaltiesmaybe assessed for each child labor violation that results in thedeathor serious injuryof anyminor employee, and such assessmentsmaybedoubledwhen the violations aredetermined tobewillfulor repeated.The law alsoprohibits retaliating againstor dischargingworkerswho file a complaintorparticipate in anyproceeding under theFLSA. ADDITIONAL INFORMATION • Certainoccupations and establishments are exempt from theminimumwage, and/orovertime payprovisions. • Specialprovisions apply toworkers inAmericanSamoa, theCommonwealthof theNorthern Mariana Islands, and theCommonwealthofPuertoRico.
• Some state lawsprovidegreater employeeprotections; employersmust complywithboth. • Some employers incorrectly classifyworkers as “independent contractors”when they are actually employees under theFLSA. It is important to know thedifferencebetween the two because employees (unless exempt) are entitled to theFLSA’sminimumwage andovertime payprotections and correctly classified independent contractors are not. • Certain full-time students, student learners, apprentices, andworkerswithdisabilitiesmaybe paid less than theminimumwage under special certificates issuedby theDepartmentof Labor.
The rights listedheremay varydependingon thecircumstances. The textof thisnoticewaspreparedbyVETS,andmaybe viewedon the internetat this address: http://www.dol.gov/vets/programs/userra/poster.htm . Federal law requiresemployers tonotifyemployeesof their rightsunderUSERRA,andemployers maymeet this requirementbydisplaying the textof thisnoticewhere theycustomarilyplacenotices foremployees.
1-866-4-USWAGE www.dol.gov/whd For additional information or to file a complaint: (1-866-487-9243) TTY: 1-877-889-5627 U.S.Departmentof Labor Wage andHourDivision
EMPLOYEE RIGHTS EMPLOYEEPOLYGRAPHPROTECTIONACT The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screeningorduring thecourseofemployment.
Working for an employerwho offers health and retirement benefits is one of the smartest things an employee can do. But what happenswhen you leave the job?What happens to your health and retirement benefits if you are downsized or go towork for another employer? The good news is that you have protections under Federal law. Youmay be able to continue your health care coverage or enroll in new coverage, for instance.And you'llwant to protect the retirement benefits you've earned so youwill have themwhen you retire. Know the benefits and protections you are entitled to andwhere to gowith questions. U.S.Departmentof Labor Job Loss? Important InformationWorkersNeed to Know toProtect theirHealthCoverage andRetirementBenefits
Ask about the health benefits offered by any potential employers. Find outwhat premiums and out-of-pocket costs you'll pay andwhat the plan covers.Under the Patient Protection andAffordable CareAct, you cannot be denied enrollment or benefits by your new employer's health plan due to a preexistingmedical condition.Also check to see if the new plan has awaiting period before you can enroll in coverage – generally, it cannot last longer than90 days from the date you become eligible for the plan. 3 Keep your records.When you leave a job or retire,make sure you have copies of your retirement plan's Summary PlanDescription or SPD, all account statements and other documents from the plan. They tell you about your rights under the plan includingwhen you can receive retirement benefits. Learn about other retirement safeguards under ERISA, the EmployeeRetirement Income SecurityAct. Protect the retirement benefits you've earned Children'sHealth Insurance Program. Compare your options before you decidewhich coverage to elect. In addition, theMarketplace has an open enrollment each year. VisitHealthCare.gov formore information. 2 Consider health coveragewhen looking for a new job Youmay have a special enrollment opportunity in your spouse's employment-based health plan or an individual plan in theHealth InsuranceMarketplace.Or, youmight be able to continue coverage in your old plan for up to18 months under the ConsolidatedOmnibus Budget ReconciliationAct (COBRA).Under COBRA, youmay have to pay the entire premium plus a2 percent administrative fee.Also, contact your state government to find out if you or your dependents are eligible forMedicaid or the state
Employersmust: Provideemployees aworkplace free from recognizedhazards. It is illegal to retaliate against anemployee forusing anyof their rightsunder the law, including raising a health and safety concernwith youor withOSHA,or reporting awork-related injuryor illness. ComplywithallapplicableOSHAstandards. Report toOSHA allwork-related fatalitieswithin8hours, and all inpatient hospitalizations, amputations and losses of aneyewithin24hours. Provide required training to allworkers in a language and vocabulary they can understand. Prominentlydisplay thisposter in the workplace. PostOSHA citations atornear the placeof the alleged violations. FREEASSISTANCE to identify and correct hazards is available to small andmedium- sizedemployers,without citationorpenalty, throughOSHA-supported consultation programs inevery state.
Allworkershave the right to: A safeworkplace. Raise a safetyorhealth concernwith youremployerorOSHA,or report awork- related injuryor illness,withoutbeing retaliated against. Receive information and trainingon jobhazards, including allhazardous substances in yourworkplace. Request anOSHA inspectionof your workplace if youbelieve there areunsafe orunhealthy conditions.OSHAwill keep yourname confidential.Youhave the right tohave a representative contact OSHAon yourbehalf. Participate (orhave your representative participate) in anOSHA inspection and speak inprivate to the inspector. File a complaintwithOSHAwithin 30days (byphone,onlineorbymail) if youhavebeen retaliated against for using your rights. See anyOSHA citations issued to youremployer. Request copiesof yourmedical
Employers aregenerallyprohibited from requiringor requesting any employeeor job applicant to take a liedetector test, and from discharging,disciplining,ordiscriminating against an employeeor prospective employee for refusing to take a testor for exercisingother rights under theAct. Federal,State and localgovernments are not affectedby the law.Also, the lawdoes not apply to testsgivenby theFederalGovernment to certainprivate individuals engaged in national security-related activities. TheActpermitspolygraph (a kindof liedetector) tests tobe administered in theprivate sector, subject to restrictions, to certainprospective employeesof security service firms (armored car, alarm, andguard), and ofpharmaceuticalmanufacturers,distributors anddispensers. TheAct alsopermitspolygraph testing, subject to restrictions,of certain employeesofprivate firmswho are reasonably suspectedof involvement in aworkplace incident (theft, embezzlement, etc.) that resulted in economic loss to the employer. The lawdoes notpreempt anyprovisionof anyStateor local lawor any collectivebargaining agreementwhich ismore restrictivewith respect to liedetector tests. Wherepolygraph tests arepermitted, they are subject to numerous strict standards concerning the conduct and lengthof the test.Examinees have a numberof specific rights, including the right to awritten notice before testing, the right to refuseordiscontinue a test, and the right not to have test resultsdisclosed to unauthorizedpersons.
records, tests thatmeasurehazards in theworkplace, and theworkplace injury and illness log.
This poster is available free fromOSHA.
ENFORCEMENT TheSecretaryof Labormaybring court actions to restrain violations and assess civilpenalties against violators.Employeesor job applicantsmay alsobring theirown court actions.
If you have questions orwant free booklets about your health benefit rights and retirement plan protections, contact the EmployeeBenefits Security Administration electronically at askebsa.dol.gov or by calling toll free 1-866-444-3272.
THE LAWREQUIRESEMPLOYERSTODISPLAYTHISPOSTER WHEREEMPLOYEESAND JOBAPPLICANTSCANREADILYSEE IT.