GNYADA January 2015 Newsletter

To read these stories and get the latest news online, visit the GNYADA website at www.gnyada.com

For Dealer Principals / General Managers / Sales Managers The Newsletter A Publication of Greater New York Automobile Dealers Association

Warren Buffett Headlines at NY Auto Show Automotive Forum 1

Warren Buffett, the world’s most famous investor, will keynote at this year’s NADA, J.D. Power, and New York International Automobile Show Automotive Forum on March 31 at the Grand Hyatt Hotel in Manhattan. Buffett is Chairman of the Board and Chief Executive Officer of Berkshire Hathaway Inc. The one-day event brings together leaders from OEMs, suppliers, and the media to discuss how industry and economic conditions will shape the future. “Having recently agreed to buy the Van Tuyl Group, the largest privately owned auto dealership group in the U.S. and stat- ing that he fully expects to buy a lot more dealerships over time, Warren Buffett is our industry’s most high-profile dealer. Nobody in the auto industry should miss his remarks at this year’s Forum,” said GNYADA Chairman Bob Vail. In addition to Buffett, the Automotive Forum will offer a mixture of keynote addresses and panel discussions. Cadillac President Johan de Nysschen, IHS Chief Economist Nariman Behravesh, and CNBC Squawk Box Co-anchor Becky Quick are just some of the industry experts who will go beyond the headlines and explore how recent developments will impact all aspects of the auto industry.

JANUARY 2015 Volume 25, Issue 1 HIGHLIGHTS

New Rules for NY Businesses page 2 Neale Kuperman Sworn in as NADA Treasurer page 3 NLRB Approves Quickie Union Election Process page 4 GNYADA Dealers Collect Over 4,500 Coats page 6 DCA Agrees to Another Subpoena Extension page 9 The Newsletter is published by GNYADA, a not-for-profit organization representing franchised automobile dealers in the New York metro area. 18-10 Whitestone Expressway Whitestone, New York 11357

Show, J.D. Power, and NADA invite you to become a part of the 2015 Automotive Forum in New York City on Tuesday, March 31. Registration for the 2015 Automotive Forum is now open! Early-bird registration is open though February 6 and costs $495. After that, registration will run $595. All registrations include access to NYIAS’ Press Preview days. Visit

www.jdpower.com/resource/2015- automotive-forum-registration .

Visit www.autoshowny.com/trade for more information about trade and industry events.

Dealer Hotline 718.746.5900 www.gnyada.com

The New York International Automobile

The Newsletter • January 2015 1

2 2015 Brings New Rules for New York Businesses

Wage Notices: The annual Payday/ Pay Rate Notice requirement has been eliminated by an amendment signed by the Governor late in December 2014. Dealers must still provide wage notices to new hires and when there is a pay rate change. MinimumWage: Increased to $8.75 from $8.00 as of December 31, 2014. OSHA Illness/Injury Reporting: Dealers must now record injuries and illnesses that result in days away from

Environment: New York has imple- mented a disposal ban and mandatory recycling of electronic waste. Covered electronics include comput- ers (and peripherals such as key- boards and mice), televisions, fax machines, scanners, and printers (weighing less than 100 pounds). To find out how and where to proper- ly dispose of these electronics, go to www.dec.ny.gov/chemical/66872.html for a list of waste collection sites as well as manufacturer’s programs.

work, loss of consciousness, or med- ical treatment beyond first aid as defined by OSHA. See OSHA’s Fact Sheet Updates to OSHA’s Recordkeeping Rule: Reporting Fatalities and Severe Injuries at https://www.osha.gov/ recordkeeping2014/OSHA3745.pdf . Dealers can find out more about these new rules by attending GNYADA’s Annual OSHA Seminar on February 26 at CAET. Contact Phyllis Aguilar at phyllisa@gnyada.com .

Return Unused 2015 Inspection Stickers 3

6 Empire State Plaza, Room 220, Albany, New York 12228).

separate mailings for multiple facilities) and an employee contact.

If you have unused 2015 inspection stickers, you can return them to DMV for a credit toward future orders. The deadline for inspection sticker returns is March 1, 2015. On dealership let- terhead, request a credit for 2015’s unused inspection stickers and indi- cate the sticker numbers being returned. Include the facility name, address, and number (you must do

The credit you receive is good for one year. You can use the credit on orders for additional inspection stick- ers, MV-50 books, and plates but not for online orders or for the express mailing of MV-50 books.

Send the request via Certified Mail (NYS DMV Bureau of Consumer & Facility Safety Accounting Unit, Empire State Plaza, P.O. BOX 2700, Albany, New York 12220-0700) or overnight delivery (NYS DMV Vehicle Safety Accounting Unit,

AG Orders Dealers to Pay Restitution

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The Attorney General has settled with two NY dealers for charging fees not associated with a product or service to customers at the time a vehicle was being purchased. The AG considers such fees a deceptive practice. In addition to paying approximately $150,000 in restitution, one dealer will pay more than $20,000 in penalties to the Attorney General’s Office. The other dealer needs to repay $87,000 to 174 customers as well as a penalty of $50,000 to the AG.

and repair orders. Preprinting fees can lead customers to believe they are mandatory, State-imposed fees or oth- erwise non-negotiable fees. Both the New York State Attorney General and the DMV consider preprinted fees deceptive and misleading. As this continues to be a gray area, the Association is seeking clarifica- tion from the Attorney General’s Office on permissible use of preprint- ed fees. If you have any questions about preprinted fees, call Sue Bieber at 718.746.5900.

to “end of lease buyout fees” when a vehicle was purchased at the end of the lease term. This fee was not included in the negotiation process and consumers only learned of it when buying out the lease. The AG claimed the fee was a deceptive prac- tice because there was no commensu- rate service or benefit in exchange for consumers paying the fee. Preprinted Fees Only the Doc Fee can be preprinted on your documents. GNYADA fre- quently receives inquiries regarding permissible preprinted fees on buyer’s

These dealers charged what amounts

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • January 2015

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Neale Kuperman Sworn in as NADA Treasurer NADA’s 98 th annual convention was held in San Francisco from January 23 to 25. Neale Kuperman 5

(pictured) was sworn in as Treasurer of the organization, which represents more than 16,200 new car dealerships with both domestic and international franchises. At the same time, New Yorker Bill Fox was sworn in as NADA Chairman. With more than 16.4 million new cars and light trucks sold in 2014, Fox says that “NADA has forecasted sales of nearly 17 million news cars and light trucks for 2015. More sales mean more employment and more opportunity for the auto retail industry.” David Karp was among the TIME Dealer of the Year Award recipients, which honors dealers who excel in busi- ness and work diligently and untiringly to help their com- munities and their industry.

convention. Attendees had a choice of 120 workshop ses- sions in 24 categories to learn about the latest trends and opportunities.

Congratulations to the new 2015 Executive Committee.

A record number of dealers attended this year’s

6 General Motors Agrees to Follow NY Franchise Law for Labor Rate Reimbursement

(e)

As we reported in December, GM recently released its Service Policies and Procedures Manual , which pur- ports to govern how and when a GM dealer may seek to alter its labor reimbursement rate for warranty work. The Manual , as presented to dealers, is not consistent with NY franchise laws and raised serious concern that GM dealers in NY would not have their labor rate increase submissions granted by GM. GNYADA President Mark Schienberg, wrote to GM expressing concern and reminding GM of its obligations under New York franchise laws. GM assured Mr. Schienberg of its intention to comply with New York requirements and would not enforce any policies that were incon- sistent with New York law.

We have received a recent report that GM is, in fact, abiding by New York law in granting labor rate increases submitted pursuant to New York Franchise Law. To properly make a labor rate submis- sion under New York law, a dealer must gather 100 sequential repair orders or the number of sequential repair orders written within a 90-day period, whichever is less, covering repairs made no more than 180 days before the submission. A calculation is then made of the average labor rate on repairs, excluding any repairs involving: parts sold at wholesale; tires; routine maintenance not covered under any retail customer warranty such as fluids, filters, and belts; vehicle reconditioning; and (a) (b) (c) (d)

batteries replaced as part of a routine maintenance operation.

If your dealership is interested in participating in GNYADA’s Warranty Parts Reimbursement Program for

parts and labor, please see the enclosed flyer and contact Bill Cordes at the Association.

WARRANTY PARTS REIMBURSEMENT SERVICE GNYADAHelpsDealers ImprovePro tability • GNYADAhasbeenassistingdealers increasewarrantyreimbursement rates sincepassingFranchiseLaw reforms. • The Greater New York Automobile Dealers Association has a 100% success rate and has helped increase the bottom line ofmore than 600ofourmemberdealerships. • New provisions in the 2014 Franchise Law allow greatermarkups, resulting inhigher reimbursements todealers. • Routinemaintenance, tiresandbatteriesareexcluded! • GNYADA’s team saves you time and e ort by completing this time- consuming tediousapplicationprocess. • Dealersneedonly supplyaccounting copiesof repairorders. • $2,900perapplication. G N

TobeginyourWarrantyPartsReimbursementSubmission foryourdealership contact, BillCordes at 917.763.5318 oremail Phyllis at phyllisa@gnyada.com .

GNYADA thanks Richard Sox, Esq., of Bass, Sox, Mercer for this article.

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • January 2015 3

7 NLRB Approves Quickie Union Election Process

Takeaway for Dealers

The National Labor Relations Board (NLRB) has final- ized a rule that reduces the time period between filing a petition and a union election. If caught off-guard or unpre- pared, dealers may not have an opportunity to prepare for an organizing campaign prior to employee voting. The new NLRB rule also allows for new technology, such as electronic filing and transmission of election petitions and other documents.

Many of the changes imposed by this new ruling put deal- ers facing a union campaign at a severe disadvantage. The shortening of the election campaign, the loss of the ability to contest voter eligibility prior to the election, and the loss of the right to have the Regional Director’s decision regarding election challenges reviewed will make it more difficult for employers to fend off union campaigns. Dealers must also pay careful attention to the new, shorter deadlines for providing certain information. Finally, dealers may also want to encourage, but not require, employees to communicate directly with the deal- er if there are issues of concern so that the employees feel that the dealer is addressing any problems and that they might not need union representation. If you are a member of GNYADA’s Employee Relations Plan (ERP), you would qualify for assistance if an elec- tion petition is filed at your dealership. Legal fees incurred in the course of the election may be reimbursable under the ERP.

Key Changes to Election Procedures

A compressed election period of approximately 13-21 days (down from an average of 38-42 days).

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A new requirement that employers post a Notice of Petition, and in some cases send it to all affected employees, within two business days after the NLRB serves the employer with the notice.

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The pre-election hearing will now be scheduled within eight days from service of the Notice of Petition.

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The employer must now provide the union with the name, job classification, work location, and work shift of all employees in the election unit by noon on the last business day before the pre-election hearing.

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Labor Law Seminar Impact of Recent NLRB Decisions on Your Dealership MAY 13, 2015 9:30am -11:30am Center for Automotive Education & Training The NLRB has been very active, for instance recently ruling that employees may be permitted to use deal- ership email systems to send union emails. This deci- sion along with the change in election rules and oth- ers impact day-to-day operations of dealerships. Speaker: James E. McGrath, III, Esq. Putney, Twombly, Hall & Hirson Mr. McGrath will discuss the influence of the NLRB decisions on dealerships. To register call Phyllis at 718.746.5900 x271

Voter eligibility determinations will not be made until after the election.

n

Employers must now provide the so-called “Excelsior list,” a list of all eligible voters in the election unit, to both the union and the NLRB, not later than two busi- ness days after the election order. The Excelsior list must contain not only the name, home address, work location, shift, and job classifica- tion of voters but employees’ phone number (including cell phone number, where applicable) and email address as well.

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Save the Date

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Review of the Regional Director’s decision by the full NLRB is no longer available as a matter of right.

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A comparison of the old and new procedures is available on a chart prepared by the NLRB and available on GNYADA’s website at www.gnyada.com/dealers/news/NLRB

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • January 2015

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8 Manufacturer Right of First Refusal

The number of buy/sells has sky rocketed recently, and there’s been an uptick in manufacturers taking con- trol of the purchase by using their right of first refusal. Most Dealer Agreements require the manufacturer to inform a selling deal- er when it (the manufacturer) intends to step into the shoes of a buyer and assume the obligations in the pur- chase agreement. This provision also allows the manufacturer to assign its right to a third party (typically, a deal- er preferred by the manufacturer). New York Franchise Law Under the terms of most Dealer Agreements, a selling dealer must present a signed purchase agreement to the manufacturer for approval along with supporting information related to the prospective purchaser. New York franchise laws give the

manufacturer 60 days from receipt of all reasonably requested information to render its decision. In addition to an approval or a denial, the manufacturer can within that 60- day period exercise its right of first refusal. In so doing, the manufacturer steps into the shoes of the prospective purchaser. Multi-Franchise Buy/Sells It is important to remember that court cases have made clear that a buy/sell agreement for a multi-franchise store must break out the value being paid for each franchise. The reasoning is that a selling dealer cannot frustrate a manufacturer’s right to purchase, or assign the purchase of, its (the manu- facturer’s) franchise by proposing the sale of a number of franchises for a single price. This would leave manu- facturers with no option other than

acquiring vehicles that the manufacturer does not produce (for example, Nissan having to pur- chase a dual Nissan and Chevrolet operation). Dealers should consult with experi- enced motor vehicle franchise coun- sel if they have any questions associ- ated with the sale of their dealership or a manufacturer’s right of first refusal. This article is provided for informational purposes only and is not to be construed as legal advice. GNYADA thanks Richard Sox, Esq., of Bass, Sox, Mercer for his contribution to this article.

Recent Franchise Law Successes

One of our members scored a significant victory in its fight against General Motors to keep its franchise. The Administrative Law Judge in the trial ruled in favor of the dealer, thus negating Chevrolet’s efforts to terminate the dealer due to claims of an underachieving franchise.

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A local GM dealer has successfully filed for a labor rate increase after GM agrees to follow NY Franchise Law.

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Need another copy of our Franchise Law Brochure that highlights the new amendments we were able to put for- ward? Contact Phyllis Aguilar at 718.746.5900, ext. 271, or phyllisa@gnyada.com to request more copies.

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • January 2015 5

GNYADA Dealers Collect Over 4,

The Greater New York Automobile Dealers Association and more than 60 of its franchised new car dealer members collected more than 4,500 winter coats for needy New Yorkers this winter. This year marks the third year that GNYADA has participated in the annual New York Cares Coat Drive, bringing our total donations to nearly 10,000 coats.

Just days before the holidays, GNYADA directors, members, and staff delivered the bulk of the coats to the New York Cares collection center in Manhattan so that they could be distributed to the individuals who desperately need them. This year, GNYADA reached out to local legislators who came to dealerships and used social media to help get the word out about the collection sites to their con- stituents.

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • January 2015

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00 Coats for New Yorkers in Need

Congratulations and thanks to all who participated. We look forward to working with you again next year.

We are thrilled that dealers played a part in helping to keep New Yorkers warm this winter. Community involvement is a fundamental part of dealership life, and this great effort in support of New York Cares is no exception. ” – GNYADA Chairman Bob Vail GNYADA would like to thank every- one involved in this year’s Coat Drive and make special mention of Freeman, the exhibit services provider to the New York Int’l Auto Show, for donating trucks and man- power to make the delivery of the coats to New York Cares possible.

Babylon Honda Bayside Volkswagen Biener Audi Bright Bay Auto Group Center for Automotive Training & Education Chevrolet of Smithtown Classic Audi Competition Toyota Dana Ford Motors East Hills Chrysler Jeep Dodge Ford Lincoln of Huntington Greater New York Automobile Dealers Association Habberstad BMW of Bay Shore Helms Bros. Inc. Infiniti of Massapequa Island Acura

Merrick Dodge Chrysler Jeep of Wantagh

Millennium Hyundai Morrissey GMC Truck Nardy Honda Nemet Hyundai Kia Nissan Park Ford of Mahopac Penn Toyota Porsche of Huntington Potamkin Hyundai Potamkin Mitsubishi Premier Ford Lincoln Inc. Rallye Motors Ramp Ford Riverhead Auto Mall Rockland Toyota Smithhaven Chrysler Jeep Dodge Ram Smithhaven Mazda Smithhaven Mitsubishi

Karp Buick Kia Volvo LaSorsa Auto Group Legend Nissan

Smithtown Acura Smithtown Toyota

Lexus of Mt. Kisco Life Quality BMW Manhattan Motorcars Inc. Mercedez-Benz of Manhattan

Storms Motors Sunrise Toyota The Rallye Auto Group Vail Buick GMC

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • January 2015 7

Looking Back on 2014 but Not for Long – 2015 Is Here 10

We may be starting a new year, but let’s take time to reflect on some of the highlights the association had throughout the past year. GNYADA successfully incorporated more than 20 amendments to the Franchise Law, earned dealers that participated in the Association’s Workers’ Compensation package dividends of up to 27%, collected 4,500 coats for New Yorkers in need, raised $100,000 for auto educa- tion students, won numerous awards, and much more. In looking ahead to the new year, GNYADA will contin- ue to keep dealers on top of important, ever-changing issues, trends, and legislation within the franchised new car marketplace. In addition to influencing legislation, the Association will continue to provide dealers with compliance solutions, newsletters, seminars, invitations to association events, Government/Regulatory Affairs An updated 2014 Franchise Law incorporated 20-plus amendments that increase protections for dealers. New York City Department of Consumer Affairs delayed its subpoena response deadline regarding sales of used cars with open recalls. Over $60,000 raised by GNYADA members in support of NADA’s DEAC initiatives. Community Outreach More than 4,500 coats were collected by GNYADA dealerships for the annual NY Cares Coat Drive. Our annual charity golf outing raised more than $100,000 towards automotive education scholarships. Six Resusci-Anne manikins were donated by GNYADA dealerships to local fire and EMT stations. Dealer Services Three new counties – Dutchess, Putnam, and Orange – joined GNYADA’s roster. We secured the lowest statewide price for mandated surety bonds. A waiver of the one-year waiting period for new dealers participating in DMV’s Dealer Plate Issuance Program (DPIP) was granted. n n n n n n n n n

access to members-only offers, as well as many other benefits that support the needs of our members and the communities they serve.

Here’s to our continued growth and success in 2015!

– Bob Vail, Chairman

Some Highlights of 2014

Insurance Brokerage The Associations’ Workers’ Compensation package earned dealers dividends of up to 27%. New programs offered to members included Flexible Spending Accounts, Long-Term Care Insurance, and Individual Life Insurance. Awards EXPO Magazine awarded NYIAS Best Overall Show, Best Consumer Event, and Best Marketing Collateral. BizBash named Alan Liebensohn its Person of the Year . Center for Automotive Education & Training Lincoln Technical Institute graduated 389 students in 2014. We anticipate nearly 3,400 graduates by the CAET’s 10th anniversary later this year. Hosted nearly 70 training sessions for automobile dealership staff. DMV-DIRECT Completed nearly 118,000 title and registrations for New York. Performed 3,100 out-of-state titles and registrations. Submitted more than 4,500 duplicate title applications. n n n n n n n n n

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • January 2015

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11 DCA Agrees to Another Subpoena Extension New Date Is March 27, 2015

Safety Administration. But there’s no agreement on exactly how to do it.”

At a recent meeting with the New York City Department of Consumer Affairs, DCA’s General Counsel agreed to GNYADA’s latest request to postpone the deadline for respond- ing to the subpoenas it had issued to New York City automobile dealers back in July 2014. The new deadline has been moved to March 27, 2015. The subpoenas were issued to more than 200 dealers alleging that dealers who sell vehicles with an open recall are engaged in a deceptive practice. GNYADA has contested DCA’s

interpretation of the existing law and continues to work with both City Council members and DCA on finding a satisfactory solution. Part of the problem lies in the defini- tion of the word “recall.” An article in The Detroit News reports, “In the midst of a record year of recalls that has Washington, D.C., watching the automotive industry more than any other time since the 2009 bailout, some believe it is the right time to reform the nation’s recall system under the National Highway Traffic

NADA worked with NHTSA to pro- vide a single resource for dealers to determine if vehicles in their invento- ry were subject to open recalls. In August, NHTSA launched on online source listing all vehicles with open recalls. Simply input the Vehicle Identification Number (VIN) at www.safercar.gov/vinlookup and get the information you need. The new year started off with the sad news of the death of Mario Cuomo at the age of 82. The three-term New York State governor died shortly after his eldest son, Andrew, was sworn in for a second term as New York governor. Remembering Mario Cuomo In 1984, GNYADA worked exten- sively with Governor Cuomo on the development of the Lemon Law. NY became the first state in the nation to enact a “lemon law” to protect buyers of faulty used cars, trucks, and vans. Cuomo signed the bill into law saying, “NY’s used car lemon law is one of the most forceful pieces of legislation in the country.” The law ordered a mandatory warranty for used vehicles and allows buyers of defective used vehicles to receive a refund or replacement if they purchased it from a dealer for at least $1,500.

New Labor Law Posters

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Some changes to the Labor Law require you to notify employees. GNYADA supplies members with posters recent increase in the NYS minimum wage, you’ll need a new poster to display. Two copies are being sent to members. The new poster will reflect the changes to the minimum wage for this year and next. The poster includes 14 sep- arate required notifica- tions within a single poster and it needs to be displayed in a con- spicuous location for all employees to see and read. The NYS that reflect these changes. With the

Labor LawCompliance Posters for Metro NewYork Area NewCar Dealers Pleasepost inaconspicuous location.

Servingmetroareadealerssince1910. ProvidedbyGreaterNewYorkAutomobileDealersAssociation.

©GNYADA1/2015

Call718.746.5900 to reorder.Poster#14-1

DOL audits dealerships to ensure compliance with labor law posting requirements. GNYADA supplies posters free of charge as a benefit of membership. Please contact Susan Bieber at 718.746.5900 or susan@gnyada.com if you have any questions.

GNYADA sends its sincere con- dolences to the Cuomo family.

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • January 2015 9

Community Right-to-Know Filings Due March 1st

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RTK reports for GNYADA members. Give them a call at 516.624.7200 to find out how you can get a jump on your filing and receive a discount. You can also visit walden-associ- ates.com for more information.

time during 2014 must be reported in your 2015 filing. The report must list all hazardous materials and provide detailed information for each, includ- ing Safety Data Sheets (SDSs, for- merly known as Material Safety Data Sheets [MSDSs]) for each substance. All affected containers must be labeled, and you must keep a copy of their unique Facility Inventory Form (FIF) on premises.

If your dealership is in the five bor- oughs of NYC, now is the time to start planning your annual Community Right-to-Know (RTK) filing. As you know, reports are due each year on March 1, and stiff fines are imposed for non-compliance. And those with filing irregularities may raise red flags, putting them- selves at risk for unscheduled inspec-

tions by the New York City Department of Environmental Protection (NYCDEP).

Unfortunately, this procedure can be complex and time-consuming.

Any hazardous substances at your facility meeting the Threshold Reporting Quantities (TRQ) at any

GNYADAAllied Member Walden Associates has filed more than 500

SAVE the

DATE

Old Westbury Golf & Country Club, Long Island, New York Registration opens in February. Many sponsorship opportunities available. Contact Jennifer at the Association for more information, 718.746.5900 ext 235 or Jennifer@gnyada.com. JUNE15, 2015

Brought to you by

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • January 2015

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Changing Employee Pay Plans – Wage Notice Options

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The Association recently notified you about changes to the Wage Theft Prevention Act, which eliminated annual wage notices to employees. However, other provisions of the law remain in effect. For instance, dealers must con- tinue to provide Payday/Pay Rate Notices to new employ- ees. This notification must also be provided seven (7) days before the change takes effect, if the change won’t be reflected on the employee’s pay stub/statement. New Notices are also mandated when either a change in a pay plan results in a new commission agreement or if there is a reduction in an employee’s wage rate (and the employee has received prior notification of the implemen- tation of the reduced pay rate). Employee Raises Employees receiving pay increases may be notified through a Payday/Pay Rate form, or alternatively, dealers may rely on the change in pay rate reflected on the employee’s pay stub to notify employees of an increase in pay if the applicable changes are reflected in pay stubs that comply with each and every requirement below.

Each pay statement must list the following (see below; the numbers here correspond with the ones below):

1 2 3

The employer’s name, address, and phone number; The employee’s name; The dates of work covered by the applicable payment of wages; The rate or rates of pay and the basis for the rate, for example, whether the employee is paid daily or week- ly based on hours or shifts worked, pieces produced, salary, or commission; Allowances claimed as part of the minimum wage, if applicable; and Gross wages;

4-6

7

8 9 10

Deductions; Net wages.

Record Retention Dealers must keep these payroll records for six years. Dealers should review their Payday/Pay Rate notice procedures to ensure compliance and call the Association with any questions.

Wage Statement (pay stub): Required Informa on under Sec on 195.3 SAMPLE WAGE STATEMENT (PAY STUB): REQUIRED INFORMATION

1. Employer name, address, and phone number

2. Employee name

3. Dates covered by payment

ABC Company, Inc. 1 Main Street Any town, NY 10000 Ph: 518-457-9000

Pay Period: 4/5/14 - 4/11/14

Pay Date: 4/14/15

No: 0001

4. Basis of payment (hourly, salary, etc.)

Employee: John Doe

Rate: Hourly Hours

Hours Regular Over me Credit

Allowance/ Gross

Gross Year to Date

Deduc ons Current

Deduc ons Year to Date

Vaca on Year to Date

350.00 65.65 Current

Net Pay

Rates paid (regular and ver me) 5. o

8.75

40

1050.00 196.95

13.13

5

-33.32 -43.56 -13.10 - .60 Fed WT NY WT Disability Garnishment -35.00 FICA

-99.96 -130.68 -39.30 -1.80

Hours worked (regular

6. and over me)

-105.00

Uniform pay Meals (3)

$10.90 $9.00

10.90

32.70 27.00

Allowances or Credits

7.

9.00

- 9.00

-27.00

Gross wages

8.

9. wages

Any deduc ons from

Vaca on Hours Earned .75

2.25

435.55

-125.58

$309.97

1306.65

-403.74

0

10. Net wages

This sample wage statement shows the basic requirements under Se on 195.3 for a non-exempt employee paid by the hour, covered by the Miscellaneous Wage Order. Please note that there may be addi onal requirements based upon the speciĮc pay agreement and/or wage order coverage.

LS 49 (12-14)

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • January 2015 11

EMPLOYMENT CORNER

Auto Show and Dealer Advertising Agency Closes After 33 Years

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GNYADA’s Employment Corner is a free recruiting and job placement service that lists qualified candidates for positions at dealerships. If you have a position to fill, call 718.640.2012 .

FILE #

POSITION

RESIDES IN

OFFICE

Biller

Bronx

100

Biller/Bookkeeper

Forest Hills

101

Bookkeeper

Bronx

102

Controller

Middle Village

103

Receptionist

Whitestone

104

SERVICE

The elegant owner of George Gerrard and Associates, Barbara George, retired at the end of January. For 33 years, George Gerrard and Associates handled dealer advertising for the New York International Auto Show and GNYADA members throughout the Metro New York area. “Barbara was part of the team that helped transform the New York International Auto Show from a regional event into the globally important Show that it is today,” said Mark Schienberg, GNYADA President. “We are indebted to her for her professionalism, enthusiasm, and friendship over the years,” he continued. On behalf of everyone at GNYADA, we wish Barbara every happiness in her retirement.

Parts Counterperson

Queens

105

Service Cashier

Brooklyn

106

Entry-Level Service Technician Bronx

107

Huntington Station

108

Lynbrook

109

Seaford

110

Contact Us: 18-10 Whitestone Expressway | Whitestone, NY | 11357 Dealer Hotline: 800.245.4640 GNYADA Headquarters: 718.746.5900 E-Mail: assistance@gnyada.com DMV-DIRECT: 718.747.0400 GNYADA Insurance Brokerage, LLC: 718.746.8100 New York International Automobile Show: 718.746.5300 Center for Automotive Education and Training: 718.640.2000

The information contained in this newsletter may not be relied upon for the avoidance of tax penalties. Readers are urged to discuss any issues raised in this newsletter with their legal and tax professionals. Printed on FSC certified material. All original material except where noted. © GNYADA 2015

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • January 2015

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