Economic forecast dinner Thursday. If you haven’t yet, RSVP today.

Register for webinar:

Avoiding Lawsuits & What to do when You are Sued
You’re careful. Some might say you’re too careful. But when it comes to avoiding lawsuits, you can NEVER be careful enough!
Join CADA as Michael Dommermuth and Adrian Castro with Fairfield & Woods P.C. lead us through some of the most-prevalent car dealer lawsuits attorneys have been seeing this year. One half of this two-hour webinar covers preventing lawsuits and the other covers the ‘Now what?’ after you’ve been sued.
First, the best way to avoid a lawsuit is to have a solid internal process, which includes everything about a vehicle and how you handle spot delivery. This part of the presentation covers the legal significance of a retail installment sales contract (RISC), and why you shouldn’t enter two RISCs at the same time. Service department issues include best practices for loaners. And on the sales side, we’ll cover your credit check rights.
If you ARE sued, we’ll cover retaining records and conducting a thorough and objective investigation to determine defense strategies, as well as arbitration versus court and the importance of class action waivers.
This webinar is designed for dealer principals, general managers and department leaders with bottom-line accountability. If you or your key leaders have questions about the legality of your business practices, join us for this important webinar — and bring your questions!
Register today!

You'll learn

  • Advertising practices
  • What to disclose about a vehicle
  • Words and terms to avoid
  • How to handle spot delivery
  • Importance of documenting calls with clients and financial institutions
  • Internal process best practices
  • Legal significance of a RISC
  • Risks of multiple credit checks
  • The importance of a 10-day notice
  • Pitfalls of selling or paying off trade ins
  • Best practices for Service department loaners
  • Importance of collecting information up front and fighting tickets issued against an employee
Register now!

The details


Tuesday, December 17

8:00 a.m.  -  10:00 a.m.


Get the details!

Thank you for your donations!

Last week, you knocked it out of the park again with another 25 vehicle donations! Thank you for the generosity of these dealers and other donors. You’re changing lives every week!
Western Slope Auto  5
AutoNation Honda 104  2
Dellenbach Motors  2
Grand Junction Volkswagen  2
Hellman Motor Company  2
The Faricy Boys Ford  2
AutoNation Subaru Arapahoe  1
John Elway Chevrolet  1

Fort Carson  6
Private Donation  2

TOTAL Week of Oct 5, 2019

Clear the Air Foundation awarded the Arapahoe Community College Foundation a check for $7,000 to fund the next round of scholarships. That amount was matched at $5,000, and with the Snap-on Tools student discount program we hope to award $24,000 worth of tools to qualifying students.
Advisory Committee meetings are in full force at your local community college. Be sure to reach out to your contact at the school to find out when they take place, so you can participate. It’s the easiest way to give back and who knows? You might even hire some auto techs as a result.
The best way to donate a vehicle is through the Clear the Air Foundation website. Click here to donate.
Yes! I want to donate!
I encourage you to follow the Foundation on Facebook to see what we are up to. You will find links to relevant articles, along with news about donations and scholarship awards.

Please consider extending your philanthropic arm by donating any vehicle with an actual cash value of $300 or less to the Clear the Air Foundation. To make it even easier, you can donate online.

Meanwhile, to donate a vehicle, gather the information below, send it to Mark Zeigler and he’ll have someone pick it up:
Sign over and mail the title to:
Mark Zeigler, Director
Clear the Air Foundation
290 E. Speer Blvd.
Denver, CO  80203
Please donate a vehicle. You’ll change a life.

Regulatory & Legal
US Department of Labor updates salary limits on overtime rule
We have been following the Department of Labor’s (DOL) Overtime Rule, which was the rule at the heart ofNavarro v. Encino Motorcars (service advisors were exempt from overtime pay under the “salesman exemption.”) Following that judicial interpretation, the department itself released a long-awaited update at the end of September to clarify the salary threshold at which an employee of any department can be exempted from the rule’s overtime wage and hour requirements.

The salary threshold was moved from $23,660 to $35,568. Employers Council estimates that this will make approximately 1 million more employees eligible for overtime pay. By contrast, you may remember that at the end of the Obama administration, the Department of Labor was attempting to raise the threshold to $47,476. That proposed threshold - later disapproved by Congress - would have expanded overtime to a much larger number of workers.

In this DOL rule, there were no substantial changes to duty requirements. In other words, no exemptions similar to the salesperson exemption were added to exclude certain types of workers. However, this rule also permits up to 10 percent of this salary threshold to be comprised of commission-style — or guaranteed bonus —payments. Finally, the salary level for highly compensated employees (also exempt from the overtime rule) was raised from $100,000/year to $107,432/ year.

If you have any questions relating to overtime eligibility pay, please send an e-mail to Matthew Groves or call 303.282.1449.

Bonds & Forms
CADA has a fillable bond request form for new sales people! This new, fillable PDF form makes it easier, faster and more accurate for us to turn around your salesperson bond request. Because there’s no handwriting to decipher with this form, bond turnaround can be faster than ever. Just download the form, electronically fill it out and return to Khorrie Luther. Questions? Call Khorrie: 303.457.5122.
Download the form
Contact Khorrie

Upcoming Events

Rocky Mountain Safety Conference

October 28 - 29
Hyatt Regency Aurora / Denver Conventions Center
13200 East 14th Place • Aurora, CO 80011
Register online

News Update

Around Colorado
We met Denverites who started shopping for cars right when they heard Car2go was leaving Denver
CPR News
A new person is in charge of solving Colorado’s transportation problems. Here’s where she’s starting
Denver Business Journal
See who’s made the biggest contributions to support and oppose Proposition CC
The Denver Post
Colorado ranks in bottom half of states for road infrastructure, study finds
Across the country
The Detroit Bureau
Zero percent financing is back big after slow September sales
NADA announces support for USMCA and urges swift Congressional passage
A strong U.S. consumer won’t prevent a recession
Manufacturer News
Keen to develop self-driving cars, Hyundai Motor Group unveils $35 billion investment plan
The Detroit Bureau
VW’s U.S. CEO has seen the future and it’s all about SUVs and BEVs
Porsche steps up Tesla battle with $117,000 electric Taycan
Porsche, Boeing team up on planes in future urban mobility race (and why the Jetsons still matter)
Electric vehicles
Founder of electric vehicle startup Faraday files bankruptcy
Think electric cars take too long to charge? Vauxhall wants to change your mind
The risky business of electric vehicles
The Car Connection
Toyota extends battery warranty on all new hybrid and electric vehicles
Tesla to open new ‘Tesla Centers’ to avoid dealership restrictions, increase deliveries
Tesla reportedly plans to meet demand by rebooting car dealerships
Tesla may open ‘Centers’ to get around pro-dealership laws
Tesla deliveries fall short of expectations despite record quarter
Automotive News Special Report
Retail Realities
Subscribe to the Open Road weekly e-newsletter

For information about any of the Endorsed Provider’s products or services, contact
Polly Penna
303.457.5119 office  |  303.945.6426  mobile

Risk Management Academy

Registration Now Open!

Federated Insurance is offering complimentary risk management training for all industries on November 5-7, 2019. Through this valuable session, you will discover methods you can use immediately to help protect profits by reducing risk at your business.
Companies that are the most successful at controlling losses and protecting profits have integrated risk management into their overall company culture. Many have designated a key person as their risk manager. This person is supported by your company’s top management and is both responsible and accountable for identifying loss exposures and implementing risk management solutions.
This seminar’s objective is to help your risk manager learn the exposures specific to All Industries, connect with peers from across the country and apply these best practices within your business.
“Attending this training is one of the best investments you can make to help protect your business and its bottom line!”  2019 RMA Attendee
You can learn more by viewing a brief video about the Risk Management Academy. To reserve your spot in the upcoming session or for more information, please contact Royetta Spurgeon at or (800)533-0472 Ext. 455-5604. Or, visit Federated's website.
Younger Generations Could Provide Answer to Dealership Turnover Issue
“Dealers can’t afford to take their eyes off their employees’ needs,” said Bob Kostkan, senior director with Cox Automotive University. “With record high dealership turnover and a low unemployment rate of 3.7% as of June 2019, it’s critical that dealership leaders improve productivity while also enhancing employee engagement and retention. These are controllable issues that must be addressed to maximize customer experience and profitability.”
Dealerships need to act now to create a culture that makes employees feel valued and shows them they have future growth opportunities. While participating in the Cox Automotive SHIFT/Reinvent Program in 2015, John Cragg, executive vice president for the Penske Automotive Group’s East Region and responsible for dozens of rooftops and thousands of employees, became aware of a blind spot — he was “delegating” when he should have been “empowering.” As a result of this new awareness, he worked strategically with his HR and marketing teams to shift the focus to be more about empowering people and giving them opportunities to contribute in more significant ways. Cragg has since seen consistent year-over-year improvement in employee turnover and satisfaction. His region now has the highest employee satisfaction scores in the company and the lowest turnover — outpacing industry averages, even for the highest performers.
In addition to empowering and engaging staff, dealerships should also invest in modern, user-friendly technology to help drive greater productivity and efficiency for employees. Having access to the latest technology is not only expected by these younger generations but required to succeed as a business in today’s digital age. To get the most out of technology, dealerships must also implement ongoing training opportunities. Equipping employees with the necessary tools to help them grow their skillsets and better take advantage of new technology will create happier workers and a more optimized workflow.
Download highlights from the Cox Automotive’s 2019 Dealership Staffing Study. Find out more about Cox Automotive University.
Download the study!
Seats are going fast for the Rocky Mountain Safety Conference
There is ONE WEEK to secure your spot.
October 22nd is the last day
to register for the 2019 Conference

2019 Rocky Mountain Safety Conference
October 28 & 29, 2019
Hyatt Regency Aurora
Aurora, CO

Our power-packed sessions will help you
Elevate Safety!
For more information on pricing, breakout sessions and registration visit our
Conference Program & Registration Page.

Group Discounts Available!
Register 3 or more attendees at the same time
to receive discounted pricing.
Call (303)373-1937 to get your group registered.
Register now!
We are excited to present you with the outstanding line-up of speakers for the 2019 Rocky Mountain Safety Conference.

Register today for the 2019 Rocky Mountain Safety Conference at the Hyatt Regency Aurora on October 28th and 29th

For more information on pricing, breakout sessions and registration visit our Conference Program & Registration Page.

Important Information:
  • Group discounts available- When registering three (3) or more employees at the same time call Jennifer Merkle (303) 260-5007. Discounts are available for both members and non-members. Registration pricing below is per person.
Full Conference
Member – Prior to 9/20/19                                           Non-Member
$450    1-2 People                                           $515    1-2 People
$410    3-5 People                                           $475    3-5 People
$370    6+ People                                            $435    6+ People
Member – After 9/20/19
$515    1-2 People
$475    3-5 People
$435    6+ People
One Day
Member – Prior to 9/20/19                                          Non-Member
$310    1-2 People                                           $370    1-2 People
$280    3-5 People                                           $340    3-5 People
$250    6+ People                                            $310    6+ People
Member – After 9/20/19
$370    1-2 People
$340    3-5 People
$310    6+ People
  •  Members must log-in on the website to get the member rates for the conference.Forgot your Username and Password? Not sure if you have one? Call CSA for assistance (303) 373-1937.
  • This year's conference gives our sponsors, exhibitors, and attendees the opportunity to participate in the social media coverage for the conference. Increase your visibility and engage with conference participants by using our conference hashtag #RMSC19. Follow Colorado Safety Association on Facebook, Twitter, LinkedIn and Instagram during the conference for live updates, pictures and videos.
Register now!

FEPN Complimentary Webinar Invitation - Available on Demand!

In this webinar, we will address employee interactions that provide opportunities to reduce the risk of claims and accidents.  We will offer examples and provide practical pointers that any employer can use right away.

Robin Taylor Symons, Esq.
Co-managing Partner
Gordon & Rees

Co-managing partner of the Miami Gordon & Rees, LLP office and a member of the Labor and Employment, Insurance, and Commercial Litigation Practice Groups. Ms. Symons’ litigation and counseling practice focuses on employment practices liability, directors and officers liability, and complex insurance coverage litigation across all lines of insurance. Ms. Symons provides legal counsel and advice to small and mid-size employers, and has served as counsel to the local state court. She has tried numerous employment and insurance coverage cases, and serves as monitoring counsel/coverage counsel for insurers nationwide.

Ms. Symons’ labor and employment law expertise is also provided to businesses and specialty business groups across the U.S. through Enquiron® (

Ms. Symons also has considerable experience handling commercial litigation and professional liability claims, and has defended numerous complex cases in these areas including class actions, binding arbitrations, and RICO lawsuits.

Register Now!
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