Did you know that class action wage and hour lawsuits now outnumber discrimination lawsuits? Find out why — and most importantly, how to avoid these costly lawsuits. AND register now for the CADA Annual Convention at The Broadmoor. Registration rates go up next week. Details below…

Join us next Thursday, August 22 for

Wage and Hour Law:
Avoiding costly mistakes

Please join us from 8-11:30 a.m. next Thursday, August 22 for this special Employers Council seminar, led by attorney Susan Fisher.

It's a very timely seminar in that class action wage and hour lawsuits now outnumber discrimination lawsuits. Yet if you know the common pitfalls and mistakes that employers make in administering the Fair Labor Standards Act (FLSA), you can avoid a costly lawsuit.

Susan uses current case law — including the recent decision on Encino Motorcars vs. Navarro, where service advisors are exempt from FLSA under the salesperson exemption.

The half-day seminar includes Department of Labor (DOL) Administrator interpretations and enforcement efforts, along with the DOL's salary basis and salary level requirement for white collar exemption.
Register today!

You'll learn

  • FLSA coverage
  • Federal and state laws governing hours worked
  • Who qualifies for and who is exempt from overtime
  • Compensation included in the regular rate for overtime calculations: Bonus payments, shift differentials and other payments
  • How to calculate overtime on commissions, piece rate, salaried non-exempts and other non-hourly rates of pay
  • Effective timekeeping strategies
  • Meals and rest breaks
  • On-call time
  • Pay for required and optional training sessions
  • The Colorado Wage Protection Act application and procedures
  • DOL investigations and enforcement posture
Wage and Hour Law is a must-attend seminar for HR managers, accounting, payroll and any dealership key leaders who need to be aware of the wage and hour laws.

About our presenter

Susan Fisher is an attorney in Employment Law Services at Employers Council. She joined Employers Council in 2016 after 14 years in private practice as a commercial litigator. As a trial attorney, Susan represented employers in disputes that involved alleging discrimination, wage and hour violations, interference with Family Medical Leave Act rights and misappropriation of intellectual property. Susan's work at Employers Council concentrates on helping employers and supervisors legally and fairly treat their employees.

Learn more!


The details


Thursday, August 22

7:30 a.m.  -  Breakfast
8:00 - 11:30 a.m.  -  Seminar



CADA Headquarters
290 E. Speer Blvd., Denver
Media Center


$159     First registration
$139     Additional registrations


Register now!

Join us for the connections!

Half the fun of the CADA Annual Convention is getting together with other dealers, catching up on what's happening in business and at home. Between the scheduled activities is plenty of time for you to connect with your colleagues, deepen the friendships you already have, and make a friend or two in the process.

After all, it's at The Broadmoor. What better place to connect than in our own back yard?!!

Advance registration expires August 21 (that's next Wednesday)

If you’re planning on attending, register now, while you can still get your early bird discount through August 21. After that, registration rates go up.
To reserve your room, call Paula Lane now: 303.358.5498.
Register now!

Short on time? Let CADA’s Concierge handle it for you

If you’re short on time, consider using CADA’s Convention Concierge service. Simply contact CADA and we’ll register you for the Annual Convention. While you’ll need to make your hotel reservations (call 303.358.5498), registering for the Annual Convention is super easy AND convenient.

For CADA’s Concierge, call: 303.831.1722.
Register now!
Peyton Manning, Closing Keynote Speaker!

Former Denver Broncos Quarterback Peyton Manning is our Closing Keynote. The Two-time Super Bowl-winning Quarterback and five-time NFL MVP will draw parallels between the industry that formed the backbone of his career and the auto industry. 

He's happy to answer any questions you may have while he's with us, as long as they're submitted in advance. So send your question(s) to Kim Jackson by 11:30 a.m., Thursday, August 29.


Golf Event
Thursday, September 5

Your registration to the Annual Convention includes playing in the Golf Event on Thursday. Nearly every direction you turn while playing on the The Broadmoor’s West Course offers spectacular views, and the course will challenge you, regardless of your skill level.

Golf-only registration

If you want to play golf and don’t have time to stay for Friday’s education, a golf-only option is available for $495 when you register by August 21. 
Register for golf only!
If golf isn’t your thing, The Broadmoor plays host to a variety of activities, ranging from strolling the hotel property on a self-guided art tour to a spa treatment, lounging by the pools, ziplining or hiking… and so much more.
Check out the activities!

Friday, September 6

Your registration to the Annual Convention includes one full day of Education on Friday. And we have some great speakers lined up for you.

Our Opening Keynote Kevin King, MBA, Ph.D. (ABD), has more than 30 years’ experience facilitating teams in defining solutions to business challenges. He specializes in managing complex strategic and transformational change initiatives and is the author of THINK! Change Your Story, Change Your Life. He'll kick off the education portion with the session: Building an Adaptive Enterprise. The session is designed to help you develop the right mindset and skillset to drive sustainable results in an ever-changing marketplace. You'll walk away from the session knowing how to drive focused alignment within your team to achieve operational excellence and ultimately create exceptional guest experiences — that consistently deliver on your brand promise in any market.

Allison Felix, Ph.D., will give us an overview and outlook for the national and regional economy, with specific indicators for Colorado. The VP and Denver Branch Executive of the Federal Reserve Bank of Kansas City serves as the Bank’s regional economist and regularly briefs the Kansas City Fed’s president — who sits on the Federal Open Market Committee — on economic and business activity in Colorado, Wyoming and northern New Mexico.

Glenn Mercer is known for his two decades as Partner with McKinsey & Co.’s automotive practice, and a decade of independent work as an advisor to venture capital, private equity and public equity investors. Now, after finishing a research project for NADA, he’ll talk with us about the future of automotive retail in ‘The Dealership of Tomorrow 2025: 2019 update.’
Register today!
As our Closing Keynote, former Denver Broncos Quarterback and two-time Super Bowl-winning Quarterback Peyton Manning will sit down Friday afternoon with our Annual Convention Chair Mike Dunlap (Schomp Automotive) for a chat about the parallels between the industry that formed the backbone of his career and ours. He’ll have plenty of anecdotes about leadership (and how it’s earned, not guaranteed) and life in general.

This unique conversation will be based on questions you have for him.
If you could ask Peyton Manning any question, what would it be? Click here to ask your question!

Later that evening, Judson Laipply will join us as our Gala Entertainer. He was the world’s — yes, the world’s — first YouTube celebrity, where his ‘Evolution of Dance’ video was the first to reach more than 100 million views. (How’d he do that? Find out Friday evening.)

The Ironman Triathlete and reformed Kool-Aid eater has been speaking to and entertaining audiences for 19 years, combining comedy and content with energy and education.

Smoothly taking us from one topic to the next is our Emcee Glenn Thayer. No stranger to our industry, Glenn has been emceeing The Denver Auto Show’s Preview Gala (and before that, the Charity Preview Party) for many years.

Glenn is a professional conference moderator and master of ceremonies, and skillfully enhances the audience experience through the use of technology, compelling content, and interactive dialogue and interviews.
Register now!


Thursday, September 19

Retaining & Engaging Employees:

What employees really care about

How do you build on the initial excitement of a new employer? What level of engagement do your employees have at different levels in your organizations?

This seminar focuses on the knowledge and tools to build effective programs and create an environment that values what's important to your employees.

Participants identify critical factors that affect their ability to retain and engage employees now, before they decide to leave. The seminar explores the many aspects involved in an employee's decision to stay or leave.

What's more, participants will share ideas with others, and leave with steps for developing effective engagement practices across the organizations.

Designed for HR managers and any manager or supervisor who affects employee engagement, this special day-long seminar is led by Employers Council's HR Consultant, Amber Cruz.
Register today!

You'll learn

  • The difference between retaining and engaging employees
  • Key engagement issues
  • Organizational culture
  • Hiring practices
  • Turnover analysis
  • A strategic, planned approach to creating an effective plan
  • How an organization's 
    • Culture
    • Management practices
    • Total rewards system
    • Commitment to employee development
can have a major impact on an employee's decision to stay or leave.


About our presenter

Amber Cruz, PHR, SHRM-CP, CEBS, has been a Consultant in the Human Resource Services Department at Employers Council since 2007. She works and consults with member organizations in many facets of HR, including benefits administration, compensation administration, staffing, retaining and engaging employees, performance management and workplace violence.

Learn more!

The details


Thursday, September 19

8 a.m.  -  Breakfast
8:30 a.m. - 3:30 p.m.  -  Workshop

Lunch is provided


CADA Headquarters
290 E. Speer Blvd., Denver
Media Center


$199    First registration
$179    Additional registrations

Register now!


Thanks for donating 20 vehicles last week!

Clear the Air Foundation took 20 high polluters off the road for good last week, the first in August.
Bighorn Toyota
Pueblo Toyota
Mike Maroone Chevrolet South
Planet Honda
Schomp Honda
Emich Chevrolet
John Elway Chevrolet
Phil Long Kia


Yes! I want to donate!

If you have a car to donate, consider using the form on our website.

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

Employers Council releases salary survey; NADA updates on EEO-1 survey

Employers Council Releases Benchmark Compensation Survey
Last week, the Employers Council announced it had completed and released its 2019 Benchmark Compensation survey. If you participated in this survey, the results are available to you FREE. If you did not participate, you can purchase the the study results for $250.

While not specific to auto dealerships, this study does provide state-specific data for salary ranges among varied industry types to help you determine pay scales as you consider hiring future staff.

You will recall that NADA makes an auto-industry specific study, which is also free to respondents, and available for sale for non-respondents. Those surveys are out in the field now, with the study expected to be released this fall.

Click here for an overview of the Employers Council study.
NADA message about Equal Employment Opportunity (EEO-1) Survey
For more than 50 years, the U.S. Equal Employment Opportunity Commission’s (EEOC) has required dealerships with more than 100 employees to annually file an Employer Information Report (EEO-1 Survey). The EEO-1 historically has asked for the number of employees by sex, race, ethnicity and job category. Dealerships must also display an “EEO is the Law” poster.

The EEO-1 Survey was recently expanded and is now more complex. Component 1 of EEO-1 still asks for the employee data listed above. The Component 1 EEO-1 Survey data for 2018 was due to the EEOC by May 31, 2019.

The new Component 2 EEO-1 Survey asks for hours worked and W-2 pay information, by category. On July 15, 2019, the EEOC opened an online portal through which, by September 30, 2019, covered dealers must submit Component 2 EEO-1 Survey data for 2017 and 2018. Covered dealerships should be receiving portal system login information from the EEOC by USPS letter and email.

The EEOC offers FAQs and supplemental materials to assist with submission of Component 2 data. Lastly, the EEOC offers help desk assistance or 877.324.6214. Questions can also be directed to NADA Regulatory Affairs.

NADA has been keeping members updated on the EEO-1 Survey because the legal landscape remains dynamic. The Federal District Court for the District of Columbia recently ruled that Component 2 data for calendar years 2018 and 2017 must be filed by September 30, 2019. The order issued on March 4, 2019, lifted a "stay" (suspension) of the EEO-1 compensation data reporting requirement that had been imposed by the OMB in September 2017.

The DOJ filed a Notice of Appeal in U.S. Court of Appeals for the District of Columbia Circuit on May 3, 2019. The filing of this Notice of Appeal did not stay the district court orders or alter EEO-1 filers’ obligations to submit Component 2 data. The EEOC recommended EEO-1 filers prepare and submit Component 2 data. The EEOC opened an EEO-1 portal for Component 2 data on July 15 at which time NADA issued a member update through 60 seconds and Headlines.
NADA has received a few inquires from dealers related to this matter:
  1. Requesting more information on the EEO-1 survey and whether they should be complying; and
  2. Requesting details concerning the count of “100 or more employees” if the dealership is owned or affiliated with another company. NADA has been referring them to their legal counsel because the analysis centers on how the business is owned and operated.

Upcoming Events
Wage and Hour Law: Avoiding costly mistakes

Thursday, August 22 • 7:30 a.m. • Breakfast
8:30 - 11:30 a.m. • Presentation
CADA Headquarters • 290 E. Speer Blvd. • Denver
Register online
CADA Annual Convention

September 4 - 6
The Broadmoor • 1 Lake Ave. • Colorado Springs
Register online
Golf only at Annual Convention

September 5
The Broadmoor • 1 Lake Ave. • Colorado Springs
Register online
Retaining & Engaging Employees: What employees really care about

September 19
CADA Headquarters • 290 E. Speer Blvd. • Denver
Register online

News Update

Around Colorado - ZEV
The Colorado Sun
As Colorado considers an electric-vehicle mandate, here's what to expect
Polis hails electric vehicle innovation as Colorado regulators finalize mandate
The Colorado Sun
Auto dealers say electric car mandate — a cornerstone of Colorado's clean air quest — is a threat to tradition
The Denver Post
Guest commentary: The darker side of of the zero-emission vehicle mandate — higher costs and older cars on the road
Across the Nation
USA Today
Car prices are approaching $40,000, but here are 4 reasons why relief may be in sight
Auto Remarketing
How dealers might be biggest beneficiary from Fed rate cut 
Manufacturer News
The Detroit News
Ford recalls 14K 2020 Explorers and Lincoln Aviators at risk of unintentional movement
Innovative Dealer
Subscribe to the Open Road weekly e-newsletter
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

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

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!
Breakfast Club: Breakfast with OSHA (FREE Event!)
August 14 (8:30 am to 9:30 am)
Join us for this informative session and a bite to eat! This free event provides an opportunity to get answers from OSHA on your questions  - questions are submitted in advance and are anonymous. In addition to your questions, topics of the moment will be discussed.
RSVP by August 7
Register now!
Incident Investigation & Situational Awareness (New! In Greeley!)
August 27 (8:00 am to 12:00 pm)

Incident Investigation (2 hours)
Safety professionals are frequently called upon to conduct incident investigations when there is a loss in an organization. This session will introduce attendees to best practices in conducting an investigation that will identify causes of incidents in order to develop measures to prevent similar incidents from occurring again. Attendees will learn to:
  • Understand the sources of error, with an emphasis on examining the system and not just the worker
  • Protect the investigation process to ensure that the information gathered will not be used by its adversaries.
  • Take steps to mitigate risks posed by the investigation to limit exposure to OSHA and potential third-party civil lawsuits.
  • Learn how information should be collected and shared, and guidelines for protecting the investigation through an “attorney work product privilege” arrangement.
Situational Awareness (2 Hours)
Employees are exposed to a variety of hazards in the workplaces they access on a daily basis. In many cases, employees are visiting a workplace as a third party consultant, vendor, or subcontractor. Because they are a third party, the workplace they visit may be unfamiliar to them, and depending on the phase of construction the hazards will be different every time they visit a project. For these reasons, it is important that these professionals have good situational awareness and understand the hazards that they may be exposed to. Attendees will learn how to:
  • Plan ahead to have the appropriate PPE prior to beginning work in a new area
  • Recognize slip and fall hazards
  • Understanding facility specific hazards – such as biological, noise, heat, electrical, moving equipment and fall hazards
  • Develop a plan to recognize and eliminate or mitigate hazards in the workplace
Member: $105     Alliance Member: $105     Non-member: $135
This session is approved for the Pinnacol Safety Group
Register now!
Motion is Money (New! Free for CSA Members!)
August 28 (8:00 am to 10:00 am)

Trainer: Tom Henderson CSP, ARM, CRIS, UL-RRE

Having an effective Emergency Action Plan in place helps to ensure that employees are prepared when an emergency or crisis arises. Emergencies to be prepared for include fire, medical emergencies, etc.. The manufacturing and construction workforce is aging at an alarming rate with fewer skilled tradesmen entering the profession. Within lean thinking-- Employee health and safety are the overriding objectives, but it centers on the company’s productivity/ efficiency improvements in their business operations. Motion is indeed money in the manufacturing/construction business, which rely on employees’ physical ability to accomplish job tasks. Recognizing opportunities to minimize manufacturing/construction workers movement is the start toward a more healthful and efficient operation. Walking, bending, carrying, pushing, pulling and working overhead are classic examples of movement in the workplace.

A shift is required to focus on differentiating between value and waste – e.g. to do more with less. Learn the methods (with examples) used to achieve quantifiable results that enhance production, increase efficiency, improve quality and reduce employee risk factors that positively impact your bottom-line profitability.

Member: Free     Alliance Member: Free     Non-member: $175
This session is approved for the Pinnacol Safety Group
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!
Mark your calendar for the 2019 Rocky Mountain Safety Conference at the Hyatt Regency Aurora/Denver Convention Center
Registration is now open and more details about speakers and exhibitors will be updated on the Conference Program & Registration page in the coming months.
Register now!
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