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www.IllinoisDealers.com
Join our mailing list!
Do you know of other member dealership employees who should be receiving the IADA Electronic Bulletins? Let us know! Send an email to Meghan Sander (msander@illinoisdealers.com), Director of Communication, with the contact information of people who should be on our distribution list.
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2018 IADA OFFICERS
Chairman
Dan Roesch
Roesch Auto Group
Elmhurst
Vice Chairman
Pat Manning
Brad Manning Ford
Dekalb
Treasurer
Mike Ettleson
Ettleson Cad-Bu-GMC, Inc.
Hodgkins
Secretary
Rick Yemm
Yemm Auto Group
Galesburg
President
Peter Sander
IADA
Springfield
IADA Staff Contacts:
Ph# 1-800-252-8944
Pete Sander
President
Ext. 103
psander@illinoisdealers.com
Larry Doll
Legal
Ext. 105
ldoll@illinoisdealers.com
Mark Harting
Administrative Services
Ext. 110
mharting@illinoisdealers.com
Mike Healey
Member Services
Ext. 107
mhealey@illinoisdealers.com
Joe McMahon
Legislative
Ext. 113
jmcmahon@illinoisdealers.com
Meghan Sander
Member Communications
Ext. 109
msander@illinoisdealers.com
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Your IADA Partner
Moving Vehicle Registration into the future
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5/16/2018
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SOS Requires Completion of Odometer Disclosure on Certificates of Origin and Certificates of Title
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The Illinois Secretary of State is now returning all title & registration applications for vehicles subject to the federal Truth in Mileage Act if the application does not include a properly completed odometer disclosure. For a new vehicle, the portion on the back of the Certificate of Origin captioned "ODOMETER DISCLOSURE FOR RETAIL SALE" must be completed. For a used vehicle, each of the reassignment areas meets the federal requirements for odometer disclosure. Alternatively, a separate odometer statement that meets the federal disclosure requirements may be used for both new and used vehicle transactions. If you opt for a separate odometer statement, make sure to submit the original, top copy of the disclosure statement, signed by both the dealer and the customer (or the dealer can sign for the customer via a secure power of attorney) with the title application. A photocopy or carbon copy of the odometer disclosure is not acceptable.
To avoid delays in processing, please make sure all applications include the proper odometer disclosure. |
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Successful IADA CATA Spring Conference!
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The IADA-CATA 2018 Spring Conference took place this past month at the Fairmont Scottsdale Princess Resort in Scottsdale, Arizona. Approximately 130 attendees were in attendance and the two organizations were represented by IADA Chairman Dan Roesch, Roesch Auto Group, Elmhurst and CATA Chairman, Ray Scarpelli, Ray Chevrolet and Chrysler, Fox Lake.
 Attendees enjoyed an Officer and Sponsor Recognition Breakfast which recognized our organizations, officers and NADA Directors for their work during the year in representing our dealer organizations. Speakers included NADA Chairman, Wes Lutz, from Jackson, Michigan, who spoke on NADA activities and the future of the auto industry. Also speaking was Rick Schmersal, sponsored by SunTrust Bank, on the latest auto industry trends in acquisitions, strategic growth initiatives, dividend recapitalizations, and the related financing.
Along with our meetings the organization's Board of Directors met over Association activities and a golf tournament was held at the famous and challenging TPC Scottsdale Stadium Course. A theme party "Scottsdale Shindig" was held at the Copper Canyon venue and entertainment was provided by the Sawmill Grinders and a special presentation by Loop Rawlins, a well known bullwhip artist.
IADA would like to thank our conference sponsors who contribute so greatly to the success of our annual spring conference: CVR, TrueCar, Century Trade Show Services, Cox Automotive, Federated Insurance, NADA Empower Retirement, SunTrust Bank, UnitedService Company and American Fidelity Assurance Company. Without their support it would be difficult to host such an event. Thanks to those dealers who were able to attend and we look forward to another exciting event in 2019! |
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Supreme Court Rules Service Advisors Fall Within Federal Overtime Exemption
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On Monday, April 2nd the Supreme Court issued a 5-4 decision in Encino Motorcars, LLC v. Navarro, concluding that dealership service advisors fall within the "salesmen and mechanics" overtime pay exemption under the federal Fair Labor Standards Act. In doing so, it reversed a January 2017 decision by the Ninth Circuit Court of Appeals that held - in direct conflict with several other federal and state decisions - that the exemption did not apply.
NADA is extremely pleased with the Court's ruling. The decision upholds more than 40 years of consistent interpretation by the courts and the U.S. Department of Labor and will allow auto retailers to continue structuring employment relationships that are efficient and beneficial to dealerships, their employees and their customers.
NADA provided extensive support to the dealers litigating the case and worked with the state dealer associations in the Ninth Circuit to file several "friend of the court" briefs on behalf of all dealers.
To be exempt from overtime, the "salesmen and mechanics" exemption requires only that covered employees spend over half their time working as "salesmen or mechanics," regardless of how or how much they are paid (so long as they are paid minimum wage for every hour worked). A copy of the decision is found here. For more information contact regulatoryaffairs@nada.com. |
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Employment of Minors
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With the school year ending, your dealership may be hiring high school age employees for the summer. Below are some important guidelines from the U.S. Department of Labor regarding the employment of minors.
Child Labor Prohibitions
In general, the federal wage-hour law sets a 16-year-age minimum for employment in all occupations unless otherwise provided by regulation. The law, however, contains the following exceptions and conditions:
Employment of minors 14 and 15 Years of Age: Regulations permit the employment of minors between 14 and 15 years of age in a limited number of occupations where the work is confined to periods that will not interfere with their schooling and under conditions that will not interfere with their health and well-being.
Working time is specifically limited to:
1. Employment outside of school hours and between the hours of 7 a.m. and 7 p.m., except during the summer (June 1 through Labor Day) when the evening hour will be 9 p.m.; and
2. Employment for not more than 3 hours a day nor more than 18 hours a week when school is in session; and
3. Employment for not more than 8 hours a day nor more than 40 hours a week when school is not in session.
Further, permissible work must be deemed nonhazardous and is restricted in retail establishments to work such as the following:
• Office and clerical work (including the operation of office machines);
• Cashier and selling;
• Assembling orders, packing and shelving parts (but not if involving the operation or tending of hoisting apparatus or of any power-driven machinery);
• Errand and delivery work by foot, bicycle, and public transportation;
• Clean-up work, including the use of vacuum cleaners and floor waxers;
• Maintenance of grounds (but not including the use of power-driven mowers or cutters);
• Car cleaning, washing and polishing;
• Dispensing gasoline and oil (but not the use of pits, racks and lifting apparatus or the inflation of any tires mounted on a rim equipped with a removable retaining ring).
Employment of minors 16 and 17 Years of Age: At 16 years of age, minors may be employed for any number of hours and during any periods of time in any occupation other than those declared hazardous by the Department of Labor.
Where the occupation is considered particularly hazardous (as for example, any occupation involving driving on any public road or riding on a motor vehicle on a public road outside the cab to assist in transporting or delivering goods) the employee must be at least 18 years of age. However, the Department of Labor has ruled that it is not particularly hazardous for a minor who is at least 17 years of age to operate automobiles or trucks if all of the following conditions are met:
1. The automobile or truck does not exceed the 6,000 pounds gross vehicle weight (which includes the truck, chassis with lubricants, water and full tank or tanks of fuel, plus the weight of the cab or driver`s compartment, body and special chassis and body equipment, and payload); and
2. The driving is restricted to daylight hours and within 30 miles of the place of employment; and
3. The operation of the automobile or truck is only occasional and incidental to the child`s employment;
(Driving is "occasional and incidental" if it is limited to no more than 1/3 of the minor`s work in any workday and not to exceed 20% of the minor`s work time in any workweek when performed); and
4. The child driver holds a state license valid for the type of driving involved in the job which he/she performs, has completed a state approved driver education course, and has no record of moving violations at the time of hire; and
5. The vehicle is equipped with a seat belt or similar device for the driver and for each helper, and the employer has instructed each child that such belts or other devices must be used; and
6. The driving does not involve the towing of vehicles, route deliveries, transportation for hire of property, goods, or passengers, any urgent or time-sensitive deliveries, or more than 2 trips per day away from the primary place of employment to transport passengers other than employees of the employer.
Thus, the driving of automobiles or trucks that meets the above definition by minors 17 years of age on dealership premises for purposes such as courtesy service, storage, and servicing is permissible.
Employment of Employees 18 Years of Age or Older: An employee who is 18 years of age or older may perform any job, whether hazardous or not, for unlimited hours during any periods of time.
Parental Exemption: A parent, or a person standing in place of a parent, may employ his/her own child or a child in his/her custody under the age of 16 in any occupation other than those deemed to be particularly hazardous or detrimental to the health or well-being for children between the ages of 16 and 18 years. The exemption applies only in cases where the child is exclusively employed by his/her parents, i.e., not where a child simply assists a parent in his/her work for the parent`s employer.
Additional information can be found on the Department of Labor website, click here. If you have any questions about the employment of minors, please contact IADA at (217) 753-0220 or ldoll@illinoisdealers.com. |
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UP Payments: Are you ready to make 2018 the best year yet?
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Are you ready to make 2018 the best year yet?
We know that it takes extreme dedication and focused energy to substantially increase your volume, especially in an ever-changing market, driven by low priced competition and increase expenses.
The time is NOW and UP Payments is the way!
UP Payment Solutions offers the most efficient, modern and secure payment processing solutions specific to automotive. Our goals are to provide a hassle-free experience for your customers, so that they are encouraged to return again and again...while your bottom line grows higher and higher.
Visit www.uppayments.com
Contact Julie Douglas for a no-obligation, cost and service analysis today. We have been supporting Illinois dealers for more than 10 years and provides hands-on service and support for all of our dealers.
Let us help you TURN IT UP!
Julie R. Douglas / President, Sales & Relationships / jdouglas@uppayments.com / 314-578-3142 |
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