GNYADA October 2016 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

Talking Politics at Work

OCTOBER 2016 Volume 26, Issue 6

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HIGHLIGHTS

Meet GNYADA’s New NYC Lobbying Tem page 2 Dealers Voice Legislative Priorities in D.C. page 3

N E W C O L UMN : Allied Member Memo page 4

It seems just about everyone is joining the political dialogue during this Presidential Election season, meaning these discussions are inevitably occurring around the work- place. Uniquely contentious election years have the potential to make these conversa- tions all the more negative. If you think that curbing political speech among staff at your dealership will create a better work environ- ment, there are a few things to keep in mind. No “Free Speech” in Private Workplaces Under the First Amendment, dealers are within their rights to restrict political rheto- ric in their stores or offices. It’s both legiti- mate and responsible to be concerned about the negative effects that political speech can have on morale, productivity or employee relationships. In fact, if a political skirmish goes unchecked, the situation could escalate to the point of creating a hostile work atmos- phere, potentially exposing the dealer to liti- gation.

Exceptions for Labor-Related Speech The NLRA protects employees’ rights to engage in “concerted activities for the pur- pose of collective bargaining or other mutu- al aid or protection.” This can cover politi- cal discussions and even support for a spe- cific candidate, as long as the content of that speech relates to policies affecting labor practices. Keep in mind that if an employee can estab- lish a link between their political speech and their security in the workplace, you’re prob- ably safest to permit it. (For example, if their support for a candidate’s weapons ban connects to their concerns about workplace violence.) Employers’ Politics Cannot Factor In If you want to institute rules limiting politi- cal speech at your dealership, those rules must themselves be politically neutral and applied consistently and evenhandedly. There can be no attempts to censor or change your employees’ political beliefs to make them align with yours.

Hotline Q&A: I-9 Forms page 8

Dealers Breathe Life Into Their Communities page 9

NADA Dealer Guides page 10

Legal Issues with “Selfies” page 12

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

Dealer Hotline 718.746.5900

www.gnyada.com

The Newsletter • October 2016 1

New Leave Rules for Employees with Disabilities Dealer pays 50K to settle claim. 2

Numerous companies from other industries have also paid heavy fines — totaling in the tens of millions — for these violations, since the new rules took effect.

performing their duties. An example might be permitting extra breaks or rest periods, so a worker can take required medication. The option of unpaid leave (i.e., instead of termination) must be considered, if a worker’s medical absence goes longer than expected. This is required even if it goes against company policy. Unpaid leave can only be denied if the employer can prove that it would represent “undue hardship” for the company; for example, if the dealership's biller requests leave with little or no notice, leaving that critical position suddenly unstaffed. Based on these new requirements, the EEOC has already sued and reached a $50,000 settlement with a Nevada dealer group for firing an employee who requested leave for the diagnosis and treatment of multiple sclerosis. n has offices in New York City, Albany and Washington, D.C. Senior Partner Sid Davidoff has five decades of experience in City law and politics, and is one of the most revered lobbyists in New York. He has a very strong relationship with Mayor de Blasio and also claims a spot in City & State Magazine’s 2016 “New York City Power 100” list. Davidoff, Managing Partner Jeff Citron, and attorney Arthur Goldstein will be working with us to lobby for City dealers.

The U.S. Equal Employment Opportunity Commission (EEOC) has issued new guidelines regarding when and how employers must provide FMLA leave to workers with disabilities. The new mandated leave-policy changes include: Employees requesting paid leave under the ADA must receive the same treatment as any other employee who requests medical leave. For example, employers cannot require doctors’ notes for disabled employees if they don’t require them for routine sick-leave requests. Employers must provide “reasonable accommodation” regarding all requests for disability leave. This means making adjustments or allowances to help disabled employees continue City dealers have been facing overregulation, increased costs to conduct business and greater difficulties in navigating the municipal regulatory maze. To focus on the interests of franchised new car dealers in New York City before the Mayor and City Council, GNYADA has retained Davidoff Hutcher & Citron, LLP as legal counsel. Founded more than 40 years ago, DHC is a midsize, multidiscipline practice that does extensive government relations work; the firm 3 n n

Save the Date

Tue, Oct 18 or Thur, Oct 20 Annual Labor Law Seminar This annual program held at GNYADA’s Center for Automotive Education & Training keeps dealers informed and in compliance with the numerous labor laws and regulations that impact day-to-day operations. To register, call Phyllis at 718.746.5900. ERP Members: First person free, $49 each additional. Non-member fee, $150.

Meet GNYADA's New NYC Lobbying Team

DHC Senior Partner, Sid Davidoff

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

The Newsletter • October 2016

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GNYADA Meets with DMV

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The customer’s car may have an open recall. Recall information is available at safercar.gov . Recall repairs are available, free of charge, at local franchised new car dealerships. GNYADA advocated for dealers involved in buy/sells to be allocated the same number of dealer plates held by selling dealers at the time of sale. DMV’s existing policy provides only five dealer plates when a dealership changes owners. In recent years, DMV has granted requests to expedite the licensing process through the n n n

creation of a Provisional Dealer License and waiving the one-year waiting period to enter the Dealer Plate Issuance Program. DMV is considering the request. DMV will be implementing an Advisory Emission Scan program, wherein dealers will be required to scan every new vehicle in inven- tory. Requests for additional fees for the extra service were denied. GNYADA will continue working with DMV to ensure that dealers’ interests are represented. n

Executive Deputy Commissioner of the DMV, Terri Egan, and her staff met with GNYADA and other New York Dealer Associations to discuss a robust agenda of dealer issues: The Association’s request for a Doc Fee increase was addressed at length. GNYADA will be completing an updated Doc Fee time/cost study. On the subject of recalls, GNYADA continues working with DMV to create disclosure language that will appear on all customer inspection receipts, alerting them to the following:

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5 Dealers Voice Legislative Priorities in D.C.

GNYADA dealers recently joined more than 500 of their counterparts from around the country at the NADA Washington Legislative Conference. The two-day event included a full day briefing on a number of topics, including the regulatory avalanche impacting dealers, ways to effectively use social media to advocate dealer issues in Washington, and the art of lobbying. The dealers spent day-two meeting with key legislators, including Senator Chuck Schumer, and Representatives Kathleen Rice, Joe Crowley, Grace Meng, Peter King and Daniel Donovan. Each sit-down yielded productive conversations on timely issues affecting dealers: CFPB: Top of the list was a Senate bill (S. 2663) which would thwart the CFPB’s attempts to control consumer vehicle financing. The House version of this bill (H.R. 1737) passed convincingly last November. Recall Notification: GNYADA dealers urged support for H.R. 1181/S. 900, opposing overbroad recall legislation that increases depreciation, creates higher storage costs for dealers, and diminishes the value of consumers’ vehicles by an average of $1,210.

Tax Reform: The Association also vocally opposed the emerging threat to dealers’ abilities to deduct advertising costs or continue to use LIFO accounting. Repealing advertising deductibility would decrease dealerships’ capital, significantly impacting dealers' abilities to market their products.

Thanks to the dealers who took time to attend: Chairman Nick Toomey (Rallye BMW), Lee Certilman (Nardy Honda), Gary Brown (Brown's Chrysler Jeep Dodge Ram), Robert and Greg Vail (Vail Buick GMC), Jack Weidinger (North Bay Cadillac), Mark Lacher (Koeppel Nissan) and Aaron Berg (Sunrise Toyota).

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

The Newsletter • October 2016 3

AlliedMember Memo

Cyber-Theft Incidents Require Quick Follow-Up A breakdown of New York State’s Data Breach Notification Statute 6

affected New York residents. A civil penalty of up to $150,000 may be awarded for a knowing or reckless violation. In addition to being aware of the above requirements, franchised new car dealers in New York should enlist a data security professional to help assess their potential weaknesses and to adopt written policies and procedures to be followed in the event of an incident. This article was provided by James Westerlind of Arent Fox, a GNYADA Allied Member.

notification method — such as email or website posting — may be used if the cost of traditional notice would exceed $250,000, the number of recipients exceeds 500,000, or the business lacks contact information. The notice must include: The dealership’s contact information. A description of the data that was, or may have been, wrongfully acquired, including the specific types of personal and private information involved. The New York Attorney General — as well as the Department of State and the Division of State Police — must be notified of the timing, content and distribution of the notices, as well as the approximate number of affected individuals. Failure to notify the AG may result in enforcement of the statute and the seeking of damages on behalf of n n Liz Vladek to run the Department’s new Office of Labor Policy and Standards. We anticipate the DCA will continue recruiting strong labor voices to this division. The DCA has already instituted changes affecting sick leave and limiting background checks, and they have announced that they intend to focus on “low-wage workers,” specifically naming car washes as an industry of interest.

Like most states, New York requires any businesses that store electronic customer data to promptly notify affected individuals whenever that data is stolen or misused. N.Y. Gen. Bus. Law § 899-aa enables those customers to take immediate measures against identify-theft, or mitigate damage that may already be occurring. Since dealerships maintain personal information of both customers and employees, they must follow the statute's notification requirements in case of a breach. The statute specifies unencrypted information that can be used to identify a person, such as their Social Security Number, Driver’s license number, bank or credit card account numbers, etc. If a state resident’s private information is believed to have been stolen, the dealership must notify that person as expediently as possible. Notice must be provided either in writing or by telephone. A substitute The NYC Department of Consumer Affairs is increasing its focus on labor issues. City dealers should consider this a signal that the Department is soon to start looking into wage and hour issues, leave of absence and overtime policies. The Department’s trend toward worker advocacy started two months ago when veteran labor attorney Lorelei Salas was named DCA Commissioner. In August, Salas brought on former union organizer 7

New DCA Commissioner Appointed

While the DCA’s efforts may not result in the creation of new labor laws, dealers in New York City should expect stricter enforcement of existing laws. Moreover, workers now have an additional place to turn to, to voice employment grievances. This topic will be addressed at GNYADA’s Labor Law Seminar on October 18 and 20. To register, contact Phyllis at 718.746.5900 or PhyllisA@gnyada.com.

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

The Newsletter • October 2016

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VW Dealers Must Clearly State Buyback Terms FTC says alternative offers cannot confuse diesel owners

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Starting this fall (pending court approval) Volkswagen will be rolling out its ten-billion dollar settlement to compensate the owners of VW and Audi 2.0 liter diesel cars. The FTC will be closely monitoring eligible dealers who are participating in this process to make sure no customers are misled about the details of the settlement. Vehicle owners will be able to register for a cash buyback, which is greater than the car’s replacement value; or, they can have their vehicle modified and receive a separate cash payment. While VW dealers can extend alternate refund/replacement offers to affected owners, the FTC is warning GNYADA frequently receives calls asking if dealers can charge cus- tomers for waste disposal (or environ- mental fees) and shop supply charges. According to the Department of Motor Vehicles, a dealer may impose a reasonable charge for the disposal of waste materials, except for motor oil, batteries, and tires. Charges for the disposal of all other wastes (antifreeze, brake fluid, sol- vents, etc.) must be clearly identified and itemized in all estimates and repair orders. Dealers may not use preprinted fees or percentage based fees. Note: Do not mislabel your disposal fees as hazardous waste fees. Most of the waste you’re generating isn’t

automotive companies — including franchised VW dealerships — to use extreme care and transparency in reaching out to these customers. Any such contact must abide by the following: They must not imply that the offer is part of the $10 billion settlement. It cannot suggest that owners who opt for the cash refund must put that cash toward a new VW or Audi. That money is theirs to use as they wish. Hard-sell terms (such as “Act now!") should be avoided entirely, as they risk influencing owners to make rash decisions, rather than n n n hazardous; labeling it as such obli- gates you to treat it differently. Used Oil: New York State Environmental Conservation Law prohibits dealers from charging for accepting waste oil. During regular business hours, dealers are obligated to take up to five gallons of used oil per day from an individual. Dealers are required to post a conspicuous sign stating: We Accept Used Oil for Recycling at No Charge. Batteries: New York law requires retailers to accept up to two batteries per month per individual at no charge. Again, a conspicuous sign is required that states: It is illegal to discard vehi- cle batteries. State law requires us to accept vehicle batteries at no charge for recycling.

fully review the complete details of the VW settlement.

The FTC’s goal is to empower consumers to assess the various options for themselves, and base their decision upon that. VW dealers who wish to offer customers trade-ups, extended free service, or any other incentives relating to this diesel fix, must disclose that their offer is separate from, and not necessarily more valuable than, what they might receive under the official VW settlement. The settlement can be viewed in full at VWCourtSettlement.com .

9 Disposal Fees for Waste Products: To Charge or Not to Charge

Tires: Dealers may not charge for accepting waste tires that are similar in size and quantity to the number of tires purchased by your customer. New York State requires sellers of new tires to collect a $2.50 Waste Tire Fee for every new tire sold. The fee must be itemized on all estimates and repair orders. However, you may incorporate disposal costs into the price of the new tire. And again, an official sign must be posted. GNYADA has a supply of the required Oil, Tire and Battery disposal signs available at no charge to members. Please call 718.746.5900 to request signs.

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

The Newsletter • October 2016 5

Must-Have Paperwork to Sell a Vehicle

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DMV-DIRECT occasionally receives registration requests that are missing vital information. A dealer cannot sell, display or offer a vehicle for sale, unless that vehicle has the following documentation: 1. Vehicle Title If the dealership acquired the vehicle through a trade-in or from an auction without a title, a duplicate Title must be applied for. (Dealers can contact

DMV-DIRECT to apply for a rush- duplication.) The vehicle cannot be available for sale until the duplicate title is in-hand. 2. MSO/MCO The Manufacturer's Certificate/ Statement of Origin is a required document have in a transaction for tariff purposes, as it confirms the vehicle’s country of origin.

3. Lien Release If the dealership is paying off a lien on a vehicle, that vehicle must not be available for sale until the Lien Release (MV-901) has been obtained.

For any further questions about these required pieces of paperwork, call DMV-DIRECT at 718.747.0400.

Assembly Speaker and Maj. Leader Meet with GNYADA’s Board

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ing the passage of the franchise law amendments and broker bills. Following the Board Meeting, the Speaker and the Majority Leader toured Lincoln Technical Institute, where they connected with members of GNYADA’s and LTI’s Education teams. GNYADA thanks the Speaker and the Majority Leader for taking time out of their schedules to attend our Fall Board Meeting. We look forward to continuing this productive dialogue on issues facing dealers in New York.

At the first Board Meeting of the 2016-2017 term, GNYADA's Directors were joined by New York State Assembly Speaker Carl Heastie and Majority Leader Joe Morelle. This was a worthwhile opportunity for Board Members to start dialogues with Albany’s leadership about active issues concerning dealers. Doc Fee & Recalls Heastie and Morrelle were receptive to the pressing issues raised by mem- bers of the Board, including a much needed increase in the doc fee, as well as new and used vehicle recalls: Regarding the doc fee, the Speaker and the Majority Leader were sur- prised to learn that NY’s doc fee is the third lowest in the country and understood that dealers must be appropriately compensated for per- forming this mandated function. On the subject of recalls, they agreed that the responsible party (the manufacturer) should bear the costs associated with depreciation, insuring and storing of recalled n n

vehicles. Dealers indicated that they stand ready to make repairs, free of charge to the customer, as soon as manufacturers make fixes available. Appreciation for Dealers During the meeting, Speaker Heastie warmly stated his regard for fran- chised new car dealers, noting that the Boston Road dealer row in his Bronx Assembly district represents a major source of jobs in his region. Both the Speaker and the Majority Leader have been supportive of GNYADA’s issues in the past, includ-

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

The Newsletter • October 2016

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Election Day Time-Off Rules

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To allow this time for employees whose workdays start before 10am or end after 5pm, dealers must grant up to two extra hours of paid leave. If an employee’s regular work hours natu- rally give them sufficient time off (i.e. if their day starts at 10am or later or ends at 5pm or earlier), dealers do not need to provide them additional time off. employer to post their state’s Voting Leave Law notice “conspicuously in the place of work,” no fewer than ten days prior to the election, and the notice must remain in place until the close of the polls. Dealers can meet this requirement by displaying the GNYADA 14-in-1 poster, which covers NY Election Law §3-110. GNYADA provides this poster free as a benefit of member- ship. Dealers should be advised that “unfair / deceptive acts or practices” are included among the few violations where fines are raising to the $40,000 maximum. The FTC has been scrutinizing dealer practices that fall under this umbrella; in particular, advertising used vehicles with undisclosed recalls, and jamming aftermarket products into sales contracts. This serves as an important reminder to assure all dealership advertising and F&I practices are compliant with FTC rules. Posting Requirement New York law requires every

Election Day is November 8. This being a Presidential Election year, GNYADA would like to remind deal- ers about the procedures that allow staff time off to cast their vote. Employees, depending on their regu- lar working hours, may be entitled to extra hours off, so they have time to visit the polls. Under N.Y. Election Law § 3-110, employers must provide employees who are registered voters with “suffi- cient time” for “any voting election”. Specifically, employees are entitled to four consecutive free hours, while the polls are open on Election Day (6am to 9pm). Employees seeking additional paid time off on Election Day must notify their employer two to ten days in advance. Dealers can then decide whether the leave is to be taken at the beginning or the end of the worker’s shift. The Federal Trade Commission (FTC) has raised its maximum civil penalty amounts to $40,000, up from $16,000. This increase applies to several violations listed in the Federal Registry Notice on ftc.gov as part of the 2015 federal law requiring regulatory agencies to “catch up” for missed years of inflation. The FTC’s notice about this increase lists 16 separate violations for which fines have gone up various amounts, such as violations of the Energy Policy and Conservation Act, the Fair Credit Reporting Act, and others.

To order a new 14-in-1 poster, or for further questions about voting time-off

requirements, please call the Association at 718.746.5900.

FTC Fine Amounts Skyrocket Unfair deceptive practice fines increase to 40K. 13

Save the Date

Thursday, Nov 17 GNYADA Tax Forum

To register, call Phyllis at 718.746.5900.

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

The Newsletter • October 2016 7

14 Dealer Hotline Q&A: I-9 Forms The GNYADA Dealer Hotline is a valuable resource for dealership personnel trying to navigate the various com- pliance issues they face. One of the Hotline's most fre- quent calls relates to Form I-9 and employment documen- tation requirements.

Q Do I need to complete a Form I-9 for independent contractors? A The requirement to complete the I-9 form extends to employees only. Employers should not complete an I-9 form for independent contractors or workers employed by the contractor. Q Can I terminate an employee who fails to produce the required documents (or an acceptable receipt for a document) within three business days of his or her start date? A Yes. Q Do I have to authenticate documents? A If the documents appear genuine upon examination, you must accept them. To do otherwise could be an unfair immigration-related employment practice. If the documents don’t appear on their face to be genuine or to relate to the person presenting them, do not accept them. Q What happens if I properly complete and retain a Form I-9 and DHS discovers that my employee is not actually authorized to work? A Unless the government can show that you had knowledge of the unauthorized status of the employee, you shouldn’t be subject to penalties. Q My new employee’s documentation reflects different last names, because of their recent marriage. Can I accept documents with different names? A You may accept a document with a different name than the name entered in Section 1, provided that you resolve the question of whether the document reasonably relates to the employee. You also may wish to attach a brief memo to the form stating the reason for the name discrepancy, along with any supporting documentation the employee provides. Again, if one of the documents doesn’t look genuine, you may ask the employee to provide other acceptable forms of documentation found on the last page of the I-9 form. Employment requirements will be on the agenda for dis- cussion at the Annual Labor Law Seminar, along with many other regulations impacting dealers’ day-to-day operations. The Seminar will be held on October 18 and 20 at the Center for Automotive Education & Training. To register, contact Phyllis at PhyllisA@gnyada.com.

Employers are required to complete and retain a Form I-9 for every employee. Below are answers to some common questions regarding your obligations to complete and retain the form. Q What is Form I-9? A Form I-9 verifies the identity and employment authorization of individuals hired in the United States. For each new hire, employers must ensure proper completion of the form, which is completed by both the employer and the employee. On the form, an employee must: Attest that he/she is authorized to work. Present documents demonstrating their identity and employment authorization. The employer must then examine and verify the employee’s documents and record the information on the form. Q What is the deadline for completing the form? A Employers must complete Section 1 by the end of the employee's first day of paid work. Employers must complete Section 2 within three business days, following the first day of work. Q What are the record retention requirements? A Employers don’t need to file the form with any agency. It must simply be made available for inspection by authorized U.S. Government officials from the Department of Labor, or Department of Justice, or Department of Homeland Security. For this reason, GNYADA recommends retaining all I-9 forms in a separate file. Employers are required to retain completed I-9 forms for at least three years following the employee's date of hire or for one year following their separation from the company, whichever is later. n n

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

The Newsletter • October 2016

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NY AG Sues Local Dealers for Price Inflation Hidden fees, credit repair, and other actions trip up dealers 15

New York Attorney General Eric T. Schneiderman recently sued two local dealerships over allegations of inflating prices with point-of-sale credit repair and identity theft prod- ucts to more than 2,300 customers. Reportedly, the dealerships collected more than $2 million from these transactions. This is a continuation of the AG’s crackdown on credit-repair services, and specifically, Credit Forget It, Inc.

His office’s position remains that selling any product purporting to “fix” an individual’s credit is a viola- tion of state law. In this latest instance, the AG alleges that con- sumers also did not receive the serv- ices for which they were charged. The suit sites deceptive tactics that include failing to disclose fees for aftermarket products. In addition to seeking refunds for overcharged cus- tomers, the AG also seeks to prohibit

the dealerships from engaging in these practices in the future. This latest action is evidence that the AG is remaining highly focused on automobile sales tactics. Since 2015, his office has settled with 9 dealer- ship groups, resulting in almost $16 million in penalties and restitution paid to some 20,000 consumers.

Dealers Breathe Life into Their Communities

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Donate one today! Your dealership can participate by donating one of these top-of-the-line training manikins to a worthy organi- zation (an EMT department, ambu- lance core, school, etc.) in your com- munity; the Association will com- plete the CPR Training Unit Application on their behalf. At no cost to your dealership, GNYADA will arrange for a photographer, invite your local legislators, along with notifying the local press. There are only 8 units left for the remainder of 2016. Requests will be honored on a first-come-first-serve basis. Join your fellow dealers who have already donated in 2016 - Ramp Ford; Brown's Jeep Chrysler Dodge Ram; Biener Audi; East Hills Chrysler Jeep Dodge; Tower Ford Inc. In addition to providing new Resusci- Anne, Resusci-Baby and Resusci- Junior CPR training units (including replacing old units), GNYADA mem- bers can also donate Little Anne AED (Automated External Defibrillators) training systems.

Brown's Jeep Chrysler Dodge Ram donates four Resusci-Anne training manikins to the Holbrook Fire Department.

For more than 10 years, GNYADA has partnered with the NADA Charitable Foundation, to help local dealers donate CPR training manikins within their communities. This equip- ment aids in the teaching of life-sav- ing techniques, and the Association has helped facilitate over 50 manikin donations to hospitals, police depart-

ments and firehouses, since the pro- gram started. Since its inception in 1975, the NADA Charitable Foundation has donated some 4,800 CPR training units — worth more than $3 million in total — throughout all 50 states and The District of Columbia.

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

The Newsletter • October 2016 9

NADA Dealer Guides

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The updated Dealer Guide to Federal Tax Issues is an overview of 23 federal income tax topics, including:

dealer accounting methods advertising expenses

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cash reporting

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estate and gift tax

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factory franchise agreements

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n suggested records retention schedule

n UNICAP GNYADA will update our members on these changes and other tax issues at our next Tax Seminar, taking place on Thursday, November 17. To register, contact Phyllis at the Association: PhyllisA@gnyada.com .

NADA has also released a new publication entitled, “A Dealer Guide to Marketing Electric Vehicles.” The Guide addresses topics such as turning salespeople into “EV experts.” Also contained are tactics for making customers feel confident about investing in a vehicle that makes them think differently about commuting, service, parking, etc. To access the Tax Guide and the EV Guide , click HERE . (Your NADA user name and password will be required.)

Attracting Top Talent in the Bronx

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tion systems, and other areas. Courses are offered online with 24/7 access for employee flexibility around work schedules. To accelerate completion of degree programs, enrollees can also receive college credit based on dealership training and work experi- ence. Employees who’ve been with Eastchester for at least 30 days (full- time or part-time), and are in good standing, automatically qualify for enrollment. Enrollees can select from 40 different fields of focus, and also have the option to pursue graduate degrees. The program covers the cost of tuition, books, and all other associ- ated fees, which typically amount to roughly $42,000 per year, per employee. All Chrysler, Jeep ® , Dodge, Ram and FIAT dealerships may participate.

Eastchester General Manager, Barry Schaen with Strayer-enrolled employees Deanna Brown (middle) Alan Katz (right).

Eastchester Chrysler Jeep Dodge recently started providing its staff with a very attractive employment benefit: free college education. The Bronx dealership’s program, Degrees@Work, was initiated by FCA US, in partnership with Strayer University. Eastchester officially adopted the program last winter, and ten employees enrolled for the spring semester. “We feel it’s important to give our employees an opportunity to

achieve their educational goals with- out taking on the financial burden of costly tuition,” said Dealer Principal Brian Dennis. Even more Eastchester employees have registered for the fall. The program was developed based in part on input from dealers and their employees. Depending on the select- ed program of study, courses will range from business administration and accounting to education, informa-

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

The Newsletter • October 2016

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It’s Hurricane Season: Keep Your Dealership Ready For Severe Weather

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debris around your building. Prepare an emergency plan. (OSHA requires this.) Know how to contact all your employees if you do suffer a power outage. Agility Recovery, a vendor that spe- cializes in disaster response and pre- paredness, can advise dealerships on how to secure against severe storms. n

join our retail automotive colleagues from around the country in helping the people of Louisiana get back on their feet.” GNYADA’s $10,000 contribution is part of a larger campaign led by the National Automobile Dealers Association (NADA), which has the goal to raise $2 million among its membership to go toward Louisiana relief. Over the years, GNYADA and its net- work of franchised new car dealer members across the metro area have been reliable sources for aid when it Obtain a backup generator to help your facility maintain power. It’s smart to do this prior to a storm warning; they’ll become scarcer as the storm gets closer. If a storm is coming, move your vehicles to higher ground whenever possible. Also, make sure as many vehicles as possible are covered. Cover your computers and other office equipment, and ideally get them off the floor. Also, keep in mind that lightning can cause power surges which can disable sensitive electronic devices and appliances. If severe weather is coming, unplug these devices; don’t just switch them off. Back up your electronic data in the cloud. Board up glass and remove loose

As tropical storms and hurricanes threaten coastal areas across the U.S., dealerships should be on high alert. To minimize the harm that a major storm can cause to your facility and your vehicles, here are some pre- paredness steps you can take today: Make sure your existing safe- guards (storm windows, drains, etc.) are still durable and function- ing properly. Falling trees or branches can demolish buildings and vehicles. Check trees and shrubs on the property for loosely attached limbs or signs of rot. If necessary, hire a licensed, insured professional to trim or remove the tree(s). Keep any hardcopy insurance poli- cies shielded from water (or fire) damage. n n

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Visit their website at agilityrecovery.com .

In addition, be sure to review Pay Rules for Severe Weather Closings and Storm Damaged Vehicle Disclosures enclosed with the print version of this newsletter.

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20 GNYADA Pledges $10,000 to Help Louisiana Flood Victims

GNYADA Chairman Nick Toomey recently announced that in the wake of the floods that ravaged the Baton Rouge and Lafayette regions of Louisiana, the Association will be contributing $10,000 to aid the recov- ery effort. “Although this is a sad time for Louisiana, where 13 people have lost their lives and tens of thousands of homes and businesses have been destroyed, history shows us that the people of Louisiana are strong and resilient rebuilders,” said Toomey. “As an Association of new car dealers here in New York, we are proud to

has been needed most. In the after- maths of Hurricanes Sandy and Katrina, the Association stepped up with $100,000 in donations. Following the 9/11 attacks, GNYA- DA made a $50,000 donation to the American Red Cross and coordinated vehicle donations from its members to assist recovery efforts. Dealers wishing to make additional donations to NADA’s Emergency Relief Fund are encouraged to do so, and may follow the instructions found on nada.org/emergencyrelief .

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

The Newsletter • October 2016 11

Legal Issues with “Selfies”

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EMPLOYMENT CORNER 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 .

Social media is an extremely entic- ing platform for both free advertising and fun photos that give your dealer- ship a lively edge. But if this is part of your dealership’s business strate- gy, be careful about what those pho- tos include, and be sure to obtain signed consent forms from any sub- ject of a photograph you plan to use for marketing purposes. The use of customer “selfies” creates ample opportunities for business owners to profit from their use. It’s a common case in dealerships: a cus- tomer poses for a photo with their new car and posts it on social media; a dealer then sees the photo and leverages it for the dealership’s own social streams. It’s organic digital sharing, but it’s also now being used for business promotion. Use a Consent Form Whenever you post photographs of customers or employees for advertis- ing purposes, you must obtain a release from them. Without one, you could be sued for improper usage of the image, under New York’s Civil Rights Law. (Before you balk at the notion that staff should also have to sign a release, consider that they may not remain staff forever.) To avoid this headache, it’s wise to refrain from promoting images of customers, staff and other individu- als. If you do shoot or stumble across that perfect picture of a beaming cus- tomer giving an enthusiastic thumbs- up in front of the new ride they just bought from you, obtain that written consent before reusing it. A sample release form can be found at gnyada.com for reference and use. This article comes from the 2016 GNYADA Membership Directory “Hot Topics” section.

POSITION

RESIDES IN

FILE #

OFFICE Biller

Greenwood Lake

280 281

Staten Island

Bookkeeper

Rockaway Park

282

Office Manager

Manhattan

283

SALES

Sales

West Babylon

284

SERVICE Service Advisor

New Rochelle

285

Service Advisor Trainee

Massapequa Park

286

Service Cashier/Receptionist

Massapequa

287

Contact Us: Greater New York Automobile Dealers Association 18-10 Whitestone Expressway l Whitestone, NY, 11357 Dealer Hotline: 800.245.4640 l Headquarters: 718.746.5900 l email: assistance@gnyada.com DMV-DIRECT: 718.747.0400 l GNYADA Insurance Brokerage, LLC: 718.746.8100 l NYIAS: 718.746.5300 Center for Automotive Education & 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 2016

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

The Newsletter • October 2016

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