Saturday, July 16, 2016

July 12, 2016



Thank You to Our Sponsor of This Edition of CAWA Connections
Delphi

Matthias Kopecky Elected to the Position of 2017 Secretary to the CAWA Board of Directors
Mr. Kopecky (SSF Imported Auto Parts) joins other CAWA officers of the Board including Chair Elect Michael Antonelli (Vantage Marketing Global, Inc.); Vice Chair - Elect Jack Gosnell (Next Level Parts, Inc.); Treasurer - Elect Dan Hanson Jr. (Hanson Distributing Company) and Immediate Past Chair- Elect Greg Livingston (All Trade Tools). They will be installed at the Association's annual dinner meeting to be held in Las Vegas on October 30, 2016 (the Sunday night before the AAPEX/SEMA shows). 

Information on the event will be sent out in September. For immediate information, contact CAWA's President & CEO, Rodney Pierini at 800.332.2292, ext. 1 or admin@cawa.org.

Matthias Kopecky
Matthias Kopecky

Arizona Revamps Lead Acid Battery Deposits Thanks to CAWA
Beginning on August 6, 2016, retailers in Arizona are no longer limited to the amount they can charge consumers for a refundable deposit on the purchase of a new lead acid battery. With the passage of HB 2132, sponsored by CAWA and enacted during the 2016 legislative session, the previous $15 cap has been eliminated and replaced with the authority that allows retailers to charge a deposit on a new lead acid battery that reflects a market-based approach. As before, the deposit is fully refundable upon the return of a used lead acid battery within 45 days from the date of purchase of the new battery. 

Under the new law, market prices will determine the amount of the fully refundable deposit charged to consumers by retailers. The intent of the law is to protect retailers from being financially penalized in the transactions involving the sale of batteries.The legislation maintained the broader public policy focus of keeping used lead acid batteries out of the landfill. 

For further information contact CAWA's Legislative Advocate in Phoenix, Stuart Goodman at sgoodman@goodmanschwartz.com or 602.277.0911.


Six Major Takeaways from Recent Lang Reports - Most Recent Data
Aftermarket Product and Purchased Service volume for all types of use topped $239 billion at user-price, up 3.6% from the previous year. 

Cars and light trucks generated 76% of product sales, with Purchased Service increasing at an annual pace one-third faster than product growth. 

The DIFM (Do-It-For-Me) market generated nine times greater product growth than the DIY (Do-It-Yourself) sector among cars and light trucks. 

Foreign nameplates generated most light truck aftermarket product growth as foreign nameplates captured a larger share of cars and light trucks in key vehicle age categories recording high aftermarket use. 

Three growth factors powered light vehicle aftermarket product expansion: VIO (vehicles in operations) growth, a surge in miles driven, and the aging vehicle population. 

Nearly $1 billion in product sales shifted among DIFM Service Outlets, as Independent (non-Dealer) outlets generated 79% of light vehicle DIFM product sales. 


Tell Your Employees and Customers - the Magnuson-Moss Warranty Act
WarrantyThe Magnuson-Moss Warranty - Federal Trade Commission Improvement Act of 1975, protects consumers from being wrongfully denied warranty coverage by new car dealers. For more information, click here. Recall too that CAWA has sponsored legislation to require new car dealers to disclose the Act to consumers at the point of sale. For more information on this effort, see our legislative advocate, Gary Conover at 916.233.9655 or gary@garyconover.com.


If You Do Not Define Your Paid Sick Leave Policy, the State Will Do it for You
Under California's mandatory paid sick leave (PSL) law, employers can limit the amount of PSL to 3 days or 24 hours per year. However, you must communicate this limitation in writing. Without a written policy, your company must use the statutory mandated accrual rate of 1 hour of sick leave for every 30 hours worked. This can result in a full time employee potentially accruing over 69 hours of PSL per year and being allowed to carry that over to the next year, and so on; that's nearly 9 days per year if the employee works 40 hour workweek! 

For further guidance, contact our California based attorney, Steve Marmaduke at 916.441.2430 or smarmaduke@wilkefleury.com. Recall, as a member you can receive ½ hour of FREE legal consultation per month. Another member benefit.


Progress on CAWA's Leadership Goals of 2015-2016
See the enclosed report ( here) on the progress that has been made in achieving the following goals for the Association in promoting the auto care industry : 

Goals(1) build upon the Auto Care Association's Program (www.autocarecareers.org) to promote and educate our members on effective ways to recruit people to our industry, and 

(2) educate members regarding telematics by simply defining it, i.e., what it actually is, in an understandable way, including some of its implications, e.g., privacy issues, ownership of information, etc. 

Comments can be directed to Rodney Pierini, President & CEO, at 800.332.2292, ext. 1 or admin@cawa.orgAnother member benefit.


Crackdown on Employers Who Shunt Employees onto Medicare
The Centers for Medicare and Medicaid Services (CMS) is stepping up efforts to root out employers who have improperly put workers who were eligible for the company's group health plan into Medicare. 

Under the law, employers are prohibited from offering incentives of any kind to a Medicare-eligible individual to enroll in Medicare instead of the employer's health plan. Companies with 20 or more employees may not encourage covered employees and/or dependents to make this change in coverage. 

The fine for encouraging an employee or dependent to take Medicare is $5,000 per situation, but that's not the largest potential penalty. The larger penalty is the bill for any claims that Medicare paid as a primary payer versus what it should have paid as a secondary payer. This claim can be huge depending on how much care an individual that should have been in a company health plan sought out while on Medicare. 

Source: Armstrong & Associates. For more information click ( here) and for answers to your questions contact our insurance partner, Mat Nabity, toll free at 866.340.2247 or mnabity@coremarkins.comAnother member benefit.


How to Apply New Federal Overtime Rule to Outside Salespeople
OvertimeSee the enclosed article (here) that offers guidance to this employer human resource issue brought to us by our friends at the California Chamber of Commerce. For more details on these type issues, contact CAWA attorneys in your state by going to www.cawa.orgAnother member benefit.


Another Reporting Requirement in California for Employers with 10 or More Employees
Employers: Beginning January 1, 2017, employers with 10 or more employees are required to electronically submit employment tax returns, wage reports, and payroll tax deposits to the EDD. All remaining employers will be subject to this requirement beginning January 1, 2018. For more information, visit: www.edd.ca.gov/EfileMandate.


Auto Part Retailers' Sales Generally Do Not Qualify for the Farm Equipment and Machinery Partial Exemption
See the enclosed article from the California State Board of Equalization that identifies a list of items that generally do not qualify for the partial exemption from sales and use tax for sales of farm equipment and machinery ( here). Should you have any questions regarding this article, please contact our California based legal counsel, Steve Marmaduke at 916.441.2430 or smarmaduke@wilkefleury.com. Recall as a member you receive up to ½ hour FREE consultation with a CAWA attorney per month. For the attorney in your state, see www.cawa.orgAnother member benefit.

4 Things to Consider Before Choosing a Credit Card Processing Company
credit card
If you are like many other members, you have probably heard misleading promises of low rates and excellent customer service that are never fulfilled. As a member of CAWA, Superior Financial Systems (SFS) and the Association understand your needs and are here to help. Most people choose a credit card processing company based on the lowest advertised rates, without checking important facts like these that can save you money and improve your credit card processing system ( view). To receive a FREE analysis of your current credit card processing system contact Todd Lazar at 888.737.7762 or todd@sfsprocessing.comAnother member benefit.

"CAWA - Representing the Automotive Parts Industry"

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