New Hampshire DRIVE VOL. 5 | NO. 04 The 3rd Annual SCOTT MULLIN MEMORIAL RIDE
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New Hampshire VOL. 5 • NO. 04 PRESIDENT Dan Bennett, REM, IOM, CAE NHADA OFFICERS Marshall Jespersen, Chairman Jim Boyle, Vice Chairman Jeff Platek, Treasurer Shawn Hanlon, Secretary NHADA DIRECTORS John Sawyer, Jr., Immediate Past Chair MaryBeth Alosa, Heavy Duty Truck Vanessa Delegas, Franchised Tim Foss, Franchised Jason LaCroix, Franchised Mike Phillips, Independent Used Car Ron Poirier, Independent Repair/Service David Hammer, NADA Director George Mullin, Franchised/Independent Jessica Trask, Franchised Roger Groux, Advisory Director Mike Petell, Franchised/Motorcycle ©2023 New Hampshire Automobile Dealers Association (NHADA) | The newsLINK Group, LLC. All rights reserved. Drive New Hampshire is published six times each year by The newsLINK Group, LLC for the NHADA and is the official publication for this association. The information contained in this publication is intended to provide general information for review, consideration and education. The contents do not constitute legal advice and should not be relied on as such. If you need legal advice or assistance, it is strongly recommended that you contact an attorney as to your circumstances. The statements and opinions expressed in this publication are those of the individual authors and do not necessarily represent the views of the NHADA, its board of directors, or the publisher. Likewise, the appearance of advertisements within this publication does not constitute an endorsement or recommendation of any product or service advertised. Drive New Hampshire is a collective work, and as such, some articles are submitted by authors who are independent of NHADA. While Drive New Hampshire encourages a first-print policy, in cases where this is not possible, every effort has been made to comply with any known reprint guidelines or restrictions. Content may not be reproduced or reprinted without prior written permission. For further information, please contact the publisher at 855.747.4003. 5 A Message From the President NHADA and Legislative Updates: What To Watch For By Dan Bennett, REM, IOM, CAE, NHADA President 6 A Message From the Chair We Value Our Members By Marshall Jespersen NHADA Chairman 7 NADA Update By David Hammer NADA Director 8 How To Use NHADA’s Employment Law Hotlines A Guide to What’s Included and What’s Not By Dan Bennett, REM, IOM, CAE, NHADA President 10 Growing The Workforce A Message From NHADA’s Workforce Development Coordinator By Adam Memmolo NHADA Workforce Development Coordinator 11 Managing Factory Incentives By Matthew Marcoullier, CPA Albin, Randall & Bennett, CPA’s 12 Injury at Work … Take a Minute and Call the Nurse By Marta Silakka RN, BSN, CCM, COHN-S, Nurse Case Manager NHADA — WCT 14 Welcome to the Team! 15 Embracing the Future NH Auto Dealers Help With Community EV Events By Dan Bennett, REM, IOM, CAE, NHADA President 16 Does Your Dealership’s Advertising Violate FTC Guidelines? By Hilary Holmes Rheaume and Afra Danai, Attorneys Bernstein Shur 18 The 3rd Annual Scott Mullin Memorial Ride By Adam Frantz Marketing Director Souhegan Valley Motorsports 19 LRCC and T-TEN Host Girls Inc. Garage 2023 By Adam Memmolo NHADA Workforce Development Coordinator 20 Exeter Area New Car Dealers Association Holds 30th Annual Golf Tournament Raises Thousands for Several Seacoast Charities 22 Loss Prevention Can Assist with Safety Committee Meetings Required Quarterly by NH Department of Labor By Brian Duplessis NHADA WCT Loss Prevention Supervisor 24 HSA/HDHP Limits Are Going Up in 2024 By Lori Preve, Licensed Insurance Producer 25 OSHA Expands Employee Injury and Illness Data Collection Requirements By American Truck Dealers (ATD) — NADA 26 LotDrop Apparel Spread: Fall 2023 28 By the Numbers 29 NHADA New Members 30 Thank You, 2023 NHADA Partners! CONTENTS 4
As the season changes, I’d like to thank our members and partners who attended our annual Drive for a Tech Golf Tournament, our last official summer event. Proceeds from the tournament support the NH Automotive Education Foundation and its initiative to award automotive scholarships in New Hampshire. Because of our members’ generous support, we were able to award over $65,000 in scholarships last year. Entering the fall also means our new legislative session is upon us. By the end of December, hundreds of new bills will be filed, and our team will work hard to sort through them. Our current watchlist consists of bills relative to banking reforms related to retail installment contracts, our annual safety inspection program, off-highway recreational vehicle (OHRV) safety and trail access, electric vehicles and more. In addition to our current watchlist, NHADA will identify critical issues to help ensure you have a great workplace and a productive and profitable business. More information on these topics will become available in the near future. For a comprehensive overview of the bills we monitored last year, please see the list at right. We will once again need your input and voice in our legislative activity. As we have always said, “Our voice at the Statehouse in Concord is only as loud as yours back home!” Stay tuned for more information as the 2024 session opens up. Let me know if you have any questions on the above or any legislative matters. I can be reached at dbennett@nhada.com or (603) 224-2369. BY DAN BENNETT, REM, IOM, CAE NHADA and Legislative Updates WHAT TO WATCH FOR A MESSAGE FROM THE PRESIDENT SB 256: Establishing a safety program for off-highway recreational vehicles. NHADA Position: Support Last Action: Enrolled (in recess of) 06/29/2023 House Journal 17 SB 191: Relative to road toll registration surcharges for electric vehicles. NHADA Position: Monitor Last Action: Retained in Committee SB 188: Relative to catalytic converters. NHADA Position: Support Last Action: Enrolled (in recess of) 06/29/2023 House Journal 17 SB 160: Relative to the use of OHRVs on designated trails. NHADA Position: Support Last Action: Enrolled (in recess of) 06/29/2023 House Journal 17 SB 52: Relative to the regulation and operation of electric vehicle charging stations. NHADA Position: Support Last Action: Signed by the Governor on 06/07/2023; Chapter 0066; Effective 08/06/2023 SB 22: Establishing a study commission to study automobile insurance for newly acquired vehicles. NHADA Position: Monitor Last Action: Hearing: 01/10/2023, Room 100, State House, 09:00 am; Senate Calendar 5 HB 646: Eliminating the vehicle inspection mandate for noncommercial vehicles. NHADA Position: Oppose Last Action: Introduced (in recess of) 01/05/2023 and referred to Transportation House Journal 3 P. 24 HB 459: Relative to transactions exempt from the regulation of business practices for consumer protection. NHADA Position: Oppose Last Action: Inexpedient to Legislate: Motion Adopted Voice Vote 02/22/2023 House Journal 6 P. 16 HB 412: Re-establishing a commission to study revenue alternatives to the road toll for the funding of improvements to the state’s highways and bridges and their resulting improvements. NHADA Position: Support Last Action: Signed by Governor Sununu 06/20/2023; Chapter 87; Eff: Sec 2 eff 11/1/23 Rem eff 6/20/23 HB 364: Relative to transportation for students attending career and technical education centers. NHADA Position: Support Last Action: Signed by Governor Sununu 06/30/2023; Chapter 130; Eff: 07/01/2025 House Journal 17 HB 304: Relative to advanced driver assistance system disclosures by auto glass repair or replacement facilities. NHADA Position: Support Last Action: Introduced (in recess of) 01/05/2023 and referred to Commerce and Consumer Affairs House Journal 3 P. 10 HB 2: Relative to state fees, funds, revenues, and expenditures. NHADA Position: Monitor Last Action: Signed by Governor Sununu 06/20/2023; Chapter 79; Eff: 07/01/2023 HB 132: Relative to a tire disclosure for resales of trailers by utility dealers. NHADA Position: Oppose Last Action: Inexpedient to Legislate: Motion Adopted Voice Vote 02/14/2023 House Journal 5 HB 92: Requiring the adoption of innovative vehicle emissions standards pursuant to section 177 of the federal Clean Air Act. NHADA Position: Monitor Last Action: Inexpedient to Legislate: Motion Adopted Voice Vote 03/09/2023 House Journal 8 P. 79 HB 57: Relative to the state minimum hourly rate. NHADA Position: Monitor Last Action: Relative to the state minimum hourly rate. Inexpedient to Legislate: Motion Adopted Voice Vote 02/22/2023 House Journal 6 P. 56 HB 54: Relative to antique car inspections. NHADA Position: Support Last Action: Signed by Governor Sununu 05/04/2023; Chapter 11; eff: 07/03/2023 LAST YEAR’S WATCH LIST 5
26% 25% 17% 11% 8% 3% 2% 2% 2% 2% 2% New Car - 26% Repair Shop - 25% Used Car - 17% Auto Body - 11% Motorcycle/OHRV - 8% New Truck - 3% Construction & Farm Equip. -2% RV & Bus - 2% Auto Parts - 2% Recyclers -2% A MESSAGE FROM THE CHAIR BY MARSHALL JESPERSEN NHADA CHAIRMAN WE VALUE OUR MEMBERS The end of October marks the halfway point through NHADA’s membership cycle. On behalf of the board of directors, I thank all members and partners for their continued support. One of our greatest strengths is the diversity of our membership which consists of franchised and independent motor vehicle sales and service businesses. Please see the breakout of our membership below: MEMBERSHIP BY CATEGORY Reminder: If you have a business connection with a good candidate for membership, please refer them! Each new member helps support initiatives for the greater good of the industry and strengthens our voice at the statehouse. Over the course of the next few months, there are several events and training opportunities that I encourage you to take advantage of: EVENTS/FUNDRAISERS: 1. College & Career Day: October 5 at Manchester Community College 2. NHADA Foundation “Mini” Raffle: November 15 at The Music Hall Lounge in Portsmouth, NH. Time and more details coming. TRAINING/CONTINUING EDUCATION: 3. [Webinar] NH Titles & Regulations: October 4 at 9 am 4. [Webinar] NH Titles & Regulations: Recorded version available on demand by scanning the QR code. https://tinyurl.com/y59phbm4 Lastly, please consider turning to our Association Partners (listed on page 30) when you have a business need. Our Association Partnership Program (APP) has businesses in several industries, from banking/finance to DMS and technology companies to business supplies, compliance and more; we encourage you to support those who support you! Wishing you a successful fall and winter. Sincerely, Marshall Jespersen 6
NADA UPDATE The Auto Industry Event of the Year returns to Las Vegas February 1-4. Attendee registration and housing are now open for the 2024 NADA Show. The NADA Show features main speakers Jon Taffer, Danica Patrick, Kurt Warner, Geoffrey Pohanka and Gary Gilchrist. The show’s newest education offering, “Spotlight Series,” elevates hot topics, such as building a social media brand, business, EVs and EV batteries, leadership and NextGen dealers, as well as the popular “Best of the Best Ideas From NADA 20 Groups.” Attendees will also have opportunities to meet directly with OEMs to learn the latest updates and changes happening within their franchise, directly from its senior leadership. On September 27, NADA President and CEO Mike Stanton came to New Hampshire for a Town Hall meeting with our Franchised New Car and Truck members. This was a great chance for our members to make their voices heard on federal issues. Some of the key topics discussed included: • Manufacturer EV plans and their impact • Current union strike • FTC vehicle shopping rule • Supply Chain Disruption Relief Act (LIFO relief) Lastly, I would like to remind you to check NADA’s website for continuing education opportunities, including their webinars. Here are a few that were hosted as of late and are available for viewing on-demand: • Let Me ChatGPT That For You: AI’s Impact on Automotive SEO • Unleashing Your Potential: Harnessing Defection Data to Empower your Sales Team • Drive Your Way to Savings • 10 Ways to Cash In on Video in Sales and Marketing As always, please consider me your liaison to NADA; if you have a question or concern, don’t hesitate to reach out to support@nhada.com. BY DAVID HAMMER NADA DIRECTOR WE WANT TO FEATURE YOU IN OUR NEXT ISSUE OF DRIVE NEW HAMPSHIRE Is your business observing a pivotal anniversary this year? Are you hosting a celebration? Have you recently taken part in a charitable event, or made a large donation? Have you been awarded any accolades? We’d love to conduct a quick Q & A and send out our photographer/ videographer to highlight your business to our membership. You will be featured in Drive New Hampshire, our community blog, our e-newsletter Headlines and on our social channels. Please reach out to us using this link: https://hipaa.jotform.com/223126815152146. We can’t wait to hear from you!
The average cost to hire an attorney in New Hampshire can be more than $400 an hour, and that clock starts ticking from the moment your concern is discussed, but not for NHADA members. Our members have access to employment experts at three NH law firms: Bernstein Shur, Devine Millimet and McLane Middleton. The attorneys you will reach have volunteered for this arrangement; because of this, the free calls are limited to 10 minutes. If your employment law question isn’t covered in the NH Auto Dealer Law manual or one of our many online resources, these firms can provide some guidance on questions regarding the topics outlined in the list to the right. Think quick-lube, not engine rebuilds: The calls are not meant to handle extensive, specific legal advice. Rather, the hotline is meant to be a quick resource for general guidelines to assist you when tackling more basic issues. CONCERN ACTION Terminating an employee Hire an attorney General question about termination laws Call the hotline This program is not a substitute for thorough legal research and strategic development for a specific situation or claim. Remember, the call is enough for you to get a sense of the issue(s) and to provide you with an overview of the applicable laws, not to map out a detailed strategy for a difficult situation or to provide you with a thorough risk assessment. If your situation calls for more detailed advice or the review of any written materials, the attorneys will gladly discuss their hourly rates and billing policies. Many members find that having established relationships with employment lawyers to provide advice on a proactive basis is beneficial, and hiring a lawyer is easier than you may think. Don’t shoot the messenger: You may not hear the answer you want. The attorneys tell it like it is, and sometimes that means bad news for you. Please, don’t vent your frustration on them. Be patient: The attorneys will try to return calls within a reasonable time, usually between 24 and 48 hours, but sometimes longer. It is very unlikely that you’ll speak to an attorney immediately as they have full caseloads and may be in court. If you have a pressing legal matter that needs immediate attention, hire an attorney. Leave a detailed message after the beep: Provide specific details about the matter or question that you have when you leave a message. Of course, we are here to answer your questions too. For questions on this matter, please contact me at dbennett@nhada.com or (603) 224-2369. BY DAN BENNETT, REM, IOM, CAE NHADA PRESIDENT The Employment Law Hotlines will answer general questions about: • Wage and hour; • Overtime; • Exempt and non-exempt status; • How to hire, fire and discipline properly; • Protecting intellectual property; • Non-compete agreements; • Employee documentation; • Leave of absence issues; • Disability and reasonable accommodation; • Workplace harassment and discrimination; • Employee vs. independent contractor; • Personnel policies and practices; • Drug testing; • Workers’ compensation; • Compliance; • Background checks and more. HOTLINES Bernstein Shur, 603-665-8857 Devine Millimet, 603-695-8582 McLane Middleton, 603-628-1426 C=100 M=65 Y=37 K=21 C=68 M=59 Y=52 K=33 Colors used: HOW TO USE NHADA’S EMPLOYMENT LAW HOTLINES A Guide to What’s Included and What’s Not 8
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I have spent the last two months traveling the state to deliver scholarships to this year’s recipients at the dealerships where they work. I must say, after visiting with each student, we have some talented and bright technicians gearing up for another automotive school year after working hard over summer break at their sponsoring dealership! Nashua Community College (NCC) didn’t waste any time over the summer promoting and educating today’s youth about careers in automotive. AUTOMOTIVE SUMMER CAMP In July, we helped NCC with an automotive summer camp where they hosted students from grades 6-12. The campers completed various automotive activities throughout the week, from taking apart an engine and working on tires to maintenance and welding. Next, the students learned about NHADA and the many career opportunities this industry provides. At the end of camp, we put the student’s knowledge to the test and handed out prizes following a trivia game. NCC INDUSTRY AND TRANSPORTATION OPEN HOUSE During this event, students and their parents walked through the automotive shop, engaged with instructors BY ADAM MEMMOLO NHADA WORKFORCE DEVELOPMENT COORDINATOR GROWING THE WORKFORCE A Message From NHADA’s Workforce Development Coordinator and previewed the classrooms they would attend. Many of the students were seniors in high school interested in careers in Automotive Technology, Collision and Repair and manufacturer-specific courses like Mazda and Honda. A special thanks to Nashua Community College for hosting this event and allowing the NHADA Foundation to participate. If you or anyone at your business would like to learn more about how to get involved with the NHADA Foundation, please contact me directly at amemmolo@nhada.com or (603) 224-2369. 10
With supply chains still shaking off the effects of the pandemic and demand starting to soften, OEMs are looking for new ways to cut costs. Clients and others in the industry have reported an increase in frequency of incentive audits. These have also started to transition back to on-site audits vs. desk or mail-in audits. Further, OEMs have been able to “do more with less” as they utilize and rely more heavily on computer-assisted techniques and targeted auditing to expedite their reviews and obtain the most favorable outcome (for the OEM). In order to better understand these incentive audits and what dealers can do to prevent or mitigate the negative impacts of an audit, we spoke with Sherralyn Peterson, an Automotive Incentive Specialist who helps dealers improve their incentive management processes, train their staff and prepare for incentive audits. Her input helped us to address some of the following questions around incentives. WHAT ARE MANUFACTURERS FOCUSED ON? Every OEM has incentive programs — none of them are the same and all of them are complex, and OEMs have a lot of tools that enable them to quickly validate a claim. One of the changes resulting from the chip crisis is that OEMs now watch everything and every vehicle very closely, and they know exactly where vehicles are at all times, from shipment to final delivery to the customer. It’s important to make sure you know the rules and requirements for delivery reporting and that you’re doing so accurately. For example, can you sell a vehicle before it hits your lot? Is it a retail sale or fleet or commercial sale? It’s also very easy for OEMs to use VIN lookups to determine what incentives are available or if a customer was the original purchaser of a vehicle being used toward loyalty or similar programs. WHAT ARE SOME BEST PRACTICES FOR INCENTIVES COMPLIANCE? Incentive programs are complex and ever changing. With seemingly minor infractions enough to disallow a claimed incentive, sales managers need to know their programs inside and out. There needs to be an understanding that you can’t just plug someone into a role where they’re responsible for managing and reviewing incentives. They need experience and/or training. Even switching between OEMs can be difficult, and having someone master a particular program doesn’t mean they will be able to perform at the same level for another franchise. Specific and intentional training is imperative; prevention is a lot more effective than trying to resolve issues during an audit. Dealers and their managers should also take compliance seriously and make their sales staff know that errors or incomplete information won’t be overlooked. Do what you can to get all of the necessary signatures and information before the customer leaves. It’s inefficient, ineffective and poor customer service following up with customers to look for additional information after they’ve driven off the lot, especially if it’s days, weeks or months later. Linking accountability to compensation is a great way to get results. HOW DO YOU GET OFF/STAY OFF THE RADAR? OEMs are more targeted in their approach to incentive audits. Dealers shouldn’t really be surprised if they end up selected for an audit, as it’s most likely something they’ve done. Audits generally aren’t random; OEMs are obtaining information from various internal and external sources — DMV registrations, exporters, banks, etc. — and they are using this information to analyze and compare what you’re doing with other dealers and can quickly target anomalies. It’s important to make sure your team is well-versed in program requirements and follows through with proper documentation. WHAT DO YOU DO IF YOU’RE SELECTED FOR AN AUDIT? In the event of an audit, you want to make sure you’re not surprised by what is in your deal jackets. Review any highrisk deals and get your paperwork in order, follow up on missing information, etc. Be aware of what not to show the auditors — you should only provide the minimum required information; unnecessary or irrelevant information should not be handed over. Along these same lines, control and be intentional about who is in contact with the auditor and how they are communicating. For more information on your rights when you're selected for audit, check out a blog post by scanning the QR code. https://www.nhada.com/blog/know-yourrights-when-subjected-to-an-audit Despite the complexity of incentive programs, they’re an important part of a dealer’s business and bottom line, especially as interest rates reach 20-year highs and new vehicle prices continue to climb. Properly managing your incentive programs can help to make sure these are a tool available to your dealership rather than a compliance nightmare. Training, execution and oversight are all important to any process, and that’s no different for incentives. Being proactive can help keep you out of OEM crosshairs and, in the event you are selected for audit, help to ensure you are prepared. For more information, consult your CPA for assistance in navigating the complexities of incentives. MANAGING FACTORY INCENTIVES BY MATTHEW MARCOULLIER, CPA ALBIN, RANDALL & BENNETT, CPA’S 11
The NHADA Workers’ Compensation Trust (WCT) is composed of an amazing team with a combined experience of over 148 years in the workers’ compensation industry! Our professional, experienced staff has made our number one job to train our members to do the right thing when it comes to managing workplace injuries. Because of this goal, our members “do the right thing.” When we train new members on the workers’ comp process, one of the first topics to cover is: call the nurse. Unfortunately, once a member knows what to do, the call to the nurse part of the process is often the thing they get away from … thinking, “We know what to do, so why do we call?” The call to the nurse is about more than just assistance with referrals and a heads up on a claim, and it’s those reasons we want members to continue with the call to the nurse. WHY CALL? • The call to the nurse is similar to triage with a medical provider. We will cover the basics and gather some important information that will be beneficial to us when we set up and manage the claim: ⊲ Injured worker’s name ⊲ Employer name ⊲ Position at the employer ⊲ Date of injury ⊲ Description of the injury ⊲ Has treatment occurred yet ⊲ Referral for care ⊲ Work status • As a member of the NHADA — WCT, you are part of the mandatory managed care program. This is a huge benefit to our members and helps us in so many ways, from management of a claim to cost containment. The call to the nurse assists the member and injured worker in navigating the managed care process. ⊲ We use the Windham Managed Care Network of Providers. As part of the managed care program, injured workers are required to treat for their injury within the network. There are a few unique situations where this is not the case; these would be discussed during the call if applicable. The network is built of specialists and gives us the ability to refer the injured worker for specialized care right out of the gate and without the need for a referral from another provider first. Calling the nurse ensures that the best choice for medical care in a specific specialty occurs. • A common misconception by those that have been injured or those assisting someone that has been injured is “I have to go to the emergency room” or “Let’s get you to the emergency room.” Emergency rooms are for “life-threatening emergencies.” Most occupational injuries that occur do not fit these criteria and, in fact, can be better managed at an occupational medicine clinic, urgent care or a specialist’s office. When minor/acute injuries present in an emergency room, they are not the first to be seen; patients that are more critical jump to the front of the line. An injured worker may be at the emergency room for hours before being cared for, and if another employee went along, then you are now missing two people from the workplace. Non-emergency visits to an emergency room also clog up the system; you do not want to be the reason there is no bed available for someone that needs it more than you. The other huge factor is cost. A simple laceration treated in the emergency room may bill out at over $3,000.00 and, in some cases, over $5,000.00. This same injury managed at an occupational medicine clinic may not even bill out at $500. The call to the nurse will help you make the decision as to where the most appropriate place for medical treatment should occur. • Employers’ First Reports of Injury need to be filed within five days of the notice of the injury to avoid a fine from the NH Department of Labor. The call to the nurse starts a paper trail. We keep a record of the calls and take notes. When the First Report of Injury arrives INJURY AT WORK… Take a Minute and Call the Nurse BY MARTA SILAKKA RN, BSN, CCM, COHN-S NURSE CASE MANAGER NHADA — WCT 12
in our office, it’s matched with these “intake” notes and becomes part of our file and is helpful to our investigation. Sometimes, we get the call, but the First Report of Injury doesn’t arrive timely; we review our “intake” file regularly, and if an intake hasn’t been matched with a report yet, we make a call to the member to see if we can assist in filing and help avoid a fine. • Employers with five or more employees must provide temporary alternative/transitional work opportunities to all employees temporarily disabled by a work-related injury or illness. This is per RSA 281-A 23-b. The call to the nurse, as stated, starts a paper trail. When an injured worker has sought medical treatment, the providers are required to fill out an NH Workers Compensation Medical Form. This form is given to the injured worker to share with their employer, and a copy is sent to our office. Receipt of this form even prior to receiving the member’s First Report of Injury allows us to review the work status of the injured worker and reach out to our member to see if assistance is needed with their return to work. • Not all injuries are simple, and sometimes, the report of what happened can change based on how many parties need to hear the story. This is why we will sometimes ask if there is security footage of the area in which the injury occurred. During the call to the nurse, we may ask you to secure the footage so we can review it. The video footage can be a crucial piece of the puzzle we are trying to put together when investigating and managing a claim. • NHADA — WCT prides itself in our relationships with the medical provider community and, more so, with our in-network providers. We are lucky to have providers that have long-term employees such as we do. Because of this, we have providers we have known and have been dealing with for years. This is helpful in so many ways, including ease of receiving medical records and billing. The call to the nurse helps us know which provider to follow up with if we Your NHADA — WCT Claims Team Members can be reached by phone at (603) 224-2369 PETER SHEFFER VICE PRESIDENT AND DIRECTOR OF INSURANCES psheffer@nhada.com MARTA SILAKKA NURSE CASE MANAGER Marta is the one to call for these initial calls. msilakka@nhada.com DEB HANDRAHAN NHADA WCT CLAIMS SUPERVISOR dhandrahan@nhada.com HEATHER OVERSON CLAIMS REPRESENTATIVE / ROAD ADJUSTER hoverson@nhada.com MARIANNE GOURGIOTIS UNDERWRITER mgourgiotis@nhada.com ANNE MARIE FALLON CLAIMS & LP ADMINISTRATIVE ASSISTANT afallon@nhada.com We are proud that our members are confident in knowing what to do when injuries occur (pat on the back, we trained you). But please remember to give us a call — even if the plan you propose for treatment is perfect, we will get to start that paper trail, and hey, it’s always nice to say hi and speak with you! 13
WELCOME TO THE TEAM! NHADA is happy to welcome Administrative Specialist Jamie Wood as the newest member of the team. Jamie has a long work history of support and customer service. She is excited to learn the ins and outs of the motor vehicle industry and provide much-needed assistance to the NHADA Foundation and Products teams. Jamie had previously worked at Cold Springs RV in their Parts, Rentals & Service Department. She has taught pre-k/kindergarten and spent time in the medical field. She brings a great deal of experience to NHADA. Jamie currently resides in Pembroke, NH, and spends most of her free time enjoying the outdoors. She can often be found hiking with her dog Daisy, fishing, hunting or riding the trails on her side-by-side. In addition, she and her father spend time together handcrafting beautiful wood projects. Jamie isn’t alone in the motor vehicle industry; her boyfriend Ryan works at Hillsboro Ford, and her daughter Jordan works at National Powersports Distributors and is an avid motocross rider. Chelsea Bottomly has also joined the NHADA Accounting Team as an Accounting Specialist. She will be doing check runs, accounts receivable and payable, reconciliations and more. Chelsea is currently nine courses away from obtaining her bachelor’s degree in accounting from SNHU. Chelsea comes to us from working in the office at Accurate Braising for three years, where she got her feet wet in accounting. Before that, she spent several years working in local restaurants, where she learned how to provide excellent customer service. Chelsea lives in Manchester, NH, with her fiancé Ryan, cat Chaplin and dog Mira Jane. Away from the office, she enjoys reading, Dungeons & Dragons, online gaming and spending time with her friends and family. haven’t received records yet, as well as allows us to reach out proactively to the provider to share billing information so the medical records and bills arrive timely for a review of the claim. Some providers have more turnover than others and may not be as familiar with our office and our members; in that case, we want to reach out to them as soon as possible to ensure we get what we need and the injured worker doesn’t receive any bills. The call to us helps avoid any issues with missing information. • In some instances, OSHA may need to be informed of an injury — we will alert you of this during the call. ⊲ All employers are required to notify OSHA when an employee is killed on the job or suffers a workrelated hospitalization, amputation or loss of an eye. A fatality must be reported within eight hours. An in-patient hospitalization, amputation or eye loss must be reported within 24 hours. ⊲ Some injuries occur as a result of a safety issue. NHADA — WCT is comprised of our Claims team but also includes our Loss Prevention team. If during the call to the nurse there is a concern of a safety issue causing the injury or that it may be an OSHA issue, Loss Prevention can be alerted and a visit to the member arranged as soon as possible. The call is referred to as “the call to the nurse,” but in fact, all the members of the NHADA — WCT team are able to take this call if the nurse is not available or is assisting another member. If the call is with the nurse, after the call is completed, the intake notes may be reviewed with other members of the team so they can be alerted of any issues that need attention before the paperwork is filed. In a sense, we are managing your claim for you even before the First Report of Injury has been received. JAMIE WOOD CHELSEA BOTTOMLY 14
In New Hampshire, NHADA members, state agencies and other non-profits have held several events in the community to showcase electric vehicles. 1. Drive Electric NH EV Expo in Exeter on June 3, 2023 The Unitil Facility hosted this great event in Exeter to test drive an EV, learn about new vehicles and connect with fellow EV enthusiasts! 2. Green Your Fleet Event at NH Motor Speedway on June 9, 2023 New England’s largest clean vehicle and infrastructure demonstration event! Green Your Fleet spotlighted alternative and renewable fuels, electric vehicles and their infrastructure, and by doing this, helps to grow the accessibility and availability of EVs. 3. 11th Annual Concord NH Drive Electric Week Event on Sept. 23, 2023, 9 AM-1 PM Attendees came to see and learn about EVs and the many exciting new models, including electric SUVs and pickup trucks, that are now available. 4. 2023 Apple Harvest Day Dover Electric Vehicle Show (Dover, NH) on Oct. 7, 2023, 12 PM-3 PM Apple Harvest Day’s EV Show was yet another day to celebrate Dover 400, and what better time to introduce drivers to their best alternative for the 21st century! Many had yet to see an EV up close, let alone speak with a knowledgeable driver. Here was an opportunity to share your experience with some 50,000 visitors to Apple Harvest Day (AHD). AHD was extra special this year as it was part of the Dover 400 celebration. If you have questions on the electric vehicle topic, don’t hesitate to contact me personally at dbennett@nhada.com or (603) 224-2369. Recent research from Cox Automotive, an NHADA Diamond-Level partner, indicates electric vehicle inventory is rising. Dealerships across brands are stocking up on EVs to meet customers’ needs. In August, NADA reported that franchised dealers have sold over one million electric vehicles and are up 72% in sales compared to last year. BY THE NUMBERS: Source: Cox Automotive Forecast (June, 2023) • 90,000 units: U.S. EV inventory ⊲ Compare: EV inventory last year was around 21,000 units. • 92.2 days of supply: average inventory of EVs available at dealerships. ⊲ Compare: overall, new car inventory was at about 54 days of supply. • 343%: increase in EV inventory from a year ago • $10,000: decrease in average cost of EVs EMBRACING THE FUTURE NH AUTO DEALERS HELP WITH COMMUNITY EV EVENTS BY DAN BENNETT, REM, IOM, CAE NHADA PRESIDENT July 2023, Christian Gomes, owner of Ford of Claremont, donates a Ford F-150 Lightning to the Claremont Police Department. 15
DOES YOUR DEALERSHIP’S ADVERTISING VIOLATE FTC GUIDELINES? BY HILARY HOLMES RHEAUME AND AFRA DANAI, ATTORNEYS, BERNSTEIN SHUR WHAT TO KNOW ABOUT NEW FTC GUIDES ON ENDORSEMENTS AND TESTIMONIALS After a public comment period, the Federal Trade Commission (FTC) recently updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising, commonly known as the “Endorsement Guides.” The Endorsement Guides, first enacted in 1980 and amended in 2009, were created to advise businesses on what endorsement practices may be deemed “unfair or deceptive” in violation of the FTC Act. The Endorsement Guides express the FTC’s truth-in-advertising principle that endorsements must be honest and evidence-based. Traditionally, the Endorsement Guides were designed to address print and/or television advertisements. However, as advertising has evolved to include digital marketing, such as social media and online reviews, the connection between the business and the advertisement has become less obvious to consumers. For instance, if a consumer reads a review by an endorser who received payment in exchange for writing the review, the connection between the endorser and the business using the endorsement must be disclosed. Otherwise, the business may be in violation of the Endorsement Guides and subject to enforcement action by the FTC under Section 5 of the FTC Act. KEY TAKEAWAYS FROM THE REVISED ENDORSEMENT GUIDES On June 29, 2023, the FTC finalized an updated version of its Endorsement Guides. Here are some key takeaways: 1. The FTC has issued new guidance on procuring, suppressing, boosting, organizing, publishing, upvoting, downvoting or editing of consumer reviews. This new guidance supports the principle that advertisers should not take actions that could distort or otherwise misrepresent consumer views on their brand or product, such as excluding certain reviews that have fewer than three stars or express negative commentary that would mislead consumers. 2. The FTC has provided additional guidance on incentivized reviews, employee reviews and fake negative reviews of competitors. For example, if there is a connection between the endorser and the business using the endorsement for advertising that might affect the weight that the consumer would give to the review, such a connection needs to be disclosed. 3. The FTC has updated its definitions of “endorsement” and “endorser.” Endorsements now include a broader definition to encompass verbal statements and tags in social media posts. The endorser is defined as “the party whose opinions, beliefs, findings or experience the message appears to reflect” and includes actual as well as fictitious individuals, groups or institutions. As a result, a writer of a fake review may be considered an endorser under the Endorsement Guides, and thus, be subject to an action by the FTC. 4. The FTC has provided additional guidance on the potential liability of advertisers, endorsers and intermediaries (i.e., advertising agencies or public relations firms). For example, advertisers may be subject to liability for an endorser’s misleading or unsubstantiated statements, as well as for failing to disclose unexpected material connections between the advertiser and the endorser. 16
It is important to remember that the Endorsement Guides are administrative interpretations of the FTC Act but are not binding laws themselves. Therefore, while the Endorsement Guides set forth general principles that the FTC uses in evaluating endorsements and testimonials, the question of whether a particular endorsement or testimonial is deceptive will depend on the specific facts of the advertisement in question. MORE FTC UPDATES: PROPOSED REGULATIONS ON CONSUMER REVIEWS AND TESTIMONIALS Following the release of the updated version of the Endorsement Guides, the FTC also proposed a new regulation titled Rule on the Use of Consumer Reviews and Testimonials. The Proposed Rule would officially prohibit certain types of conduct that are described in the Endorsement Guides. Examples of conduct that would be prohibited under the Proposed Rule include: 1. Fake consumer reviews, consumer testimonials or celebrity testimonials, 2. Repurposing a review written for one product so that it appears to have been written for a different product, 3. Compensation for positive or negative consumer reviews, and 4. Consumer reviews written by officers or managers of a business absent “clear and conspicuous” disclosure of the individual’s relationship to the business. 5. These are just a few examples of conduct that would be covered by the Proposed Rule. Once the Proposed Rule is published in the Federal Register it will be open to the public for a 60-day comment period. The FTC will consider the public comments when deciding how to implement the Proposed Rule. NEXT STEPS FOR DEALERSHIPS The updated Endorsement Guides and possible implementation of the Proposed Rule require businesses to closely evaluate their internal and external advertising policies, including consumer reviews and presentations on social media platforms. To the extent you have additional questions, we recommend reviewing the Endorsement Guides with legal counsel to determine if any changes to your practices are necessary. Our attorneys are available to answer questions and provide further counsel on whether your business’s advertising and marketing efforts are meeting FTC guidelines. WHAT DO DEALERSHIP TRANSACTIONS IN NEW ENGLAND LOOK LIKE? The Phillips Report is the only publication that specifically speaks to auto dealership transaction values, trends and trajectories in the New England and New York market areas. DOWNLOAD THE REPORT WWW.NANCYPHILLIPS.COM/BLOGS Please contact Hilary Holmes Rheaume at hrheaume@bernsteinshur.com or Afra Danai at adanai@bernsteinshur.com. 17
The 3rd Annual SCOTT MULLIN MEMORIAL RIDE BY ADAM FRANTZ, MARKETING DIRECTOR SOUHEGAN VALLEY MOTORSPORTS On the first Sunday in August, Souhegan Valley Motorsports holds their annual memorial ride in honor of Scott Mullin, the Owner/Operator of the shop for almost 15 years. This year, on a beautiful sunny morning, nearly 300 friends, family, customers and fellow racers gathered for a group ride to Scott’s old track — NHMS. A scenic ride, led by the NH State Police Motorcycle Unit along the backroads of New Hampshire through the forests and countryside, led the group to the racetrack in Loudon. There, they assembled in the pits and were joined by the NHMS racers for a memorial lap around the track where Scott raced for many years. Scott was an avid racer known amongst his peers as a fierce competitor, expert tuner and a good friend to nearly everyone at the track. His love for motorsports was a driving force in starting SVM in 2005 and building a successful family-run business. Tragically, his life was lost in a racing accident in 2021. Scott personally had a passion for contributing to and growing the powersports industry. So as a tribute, the Mullin family, in partnership with Community College System of NH, has created a charity in his name. The Scott M. Mullin Memorial Scholarship Fund contributes to the education of those in the powersports programs at Manchester Community College. Thanks to the generous contributions of those who loved Scott, more than $12,000 was raised! It was a beautiful occasion to be a part of and made for a very meaningful day for all involved. To see more content from SVM, check them out online at www.SVM-NH.com or on any major social media platform. 18
LRCC And T-TEN Host GIRLS INC. GARAGE 2023 BY ADAM MEMMOLO NHADA WORKFORCE DEVELOPMENT COORDINATOR On Monday, July 31, we joined Lakes Region Community College and T-TEN who were hosting the Girls Inc. Garage Young Women’s Leadership summer camp group for a fun educational event. These girls traveled around the state of New Hampshire to get exposure to many different career fields and activities that are aimed to educate and excite them about their future. The girls ran through seven stations with some basic auto skills, including how to change a tire, wipers and bulbs, and how to identify items under the hood. NHADA Bronze Partner Sullivan Tire talked all about tires. NH State Trooper Nicole Stone from the NH State Police led each group through a seatbelt challenge race, and Detective Sergeant Richard J. Perreault III had a table set up from the DARE program. The Women in the Field group from Toyota Boston Region had the last station with a hydrogen fuel cell Toyota Mirai education session. In addition to a day full of fun, these summer campers did not leave empty-handed. The campers enjoyed lunch and some Jordan’s Ice Cream. Irwin Automotive Group hooked the campers up with Girls Inc. t-shirts and safety glasses, and T-TEN provided some cool pink totes. We were happy to support such a great event and look forward to many more in the future! THESE ARE THE SPONSORS WHO MADE THIS AWESOME EVENT HAPPEN: T-TEN Lakes Region Community College NHADA NH State Police NH Fish and Game DARE NH Grappone Automotive Group McGovern Automotive Group Irwin Automotive Group Ira Toyota of Manchester Ira Lexus of Manchester McGee Toyota of Epping Sullivan Tire White River Toyota, VT Heritage Toyota, VT 19
EXETER AREA NEW CAR DEALERS ASSOCIATION HOLDS 30TH ANNUAL GOLF TOURNAMENT On August 22nd, the Exeter Area New Car Dealers Association held their 30th annual golf tournament benefiting charities that provide services to children and their families in the Seacoast area. Raises Thousands for Several Seacoast Charities DEALERS OF THE EXETER AREA NEW CAR DEALERS ASSOCIATION Autofair Nissan Phil Gregoire BMW of Stratham Mark Wilkins Exeter Subaru David Yanofsky, Darren Coute Foss Motors, Inc. Larry Foss, Tim Foss Holloway Automotive Mike Baillargeon McFarland Ford Chris Lane Mercedes-Benz of Portsmouth Sheree Kaplan-Allen Audi & Porsche, Honda of Stratham Marshall Jespersen Seacoast Volkswagen Doug Miles Volvo Cars Exeter, Enxing Kia Dan Enxing, Adam Enxing TOURNAMENT FEATURES INCLUDED: • Light breakfast • Classic putting contest • Lunch • Cocktails and hors d’oeuvres • Bloody Mary bar • Hole-in-one prizes • Raffle prizes • Closest to the pin • Longest drive • Commemorative on-course cigars • Complimentary polo shirts and quarter-zips CHARITIES SUPPORTED WERE: • Annie’s Angels • Gather Portsmouth • Society of Saint Vincent dePaul Exeter: Community Assistance Center & Food Pantry • New Generations Greenland • Richie McFarland Children’s Center • Connor’s Climb • Exeter Area YMCA NHADA looks forward to supporting and participating in this event every year; it's a great day for a great cause. 20
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EFFECTIVE SAFETY COMMITTEE MEETINGS CAN HAVE A MAJOR POSITIVE IMPACT ON CORPORATE CULTURE Since the early 1990s, businesses with more than 15 employees have been required by the New Hampshire Department of Labor (NHDOL) to conduct quarterly safety committee meetings. Starting in the late 1990s and continuing to the present day, NHADA Loss Prevention has been assisting WCT members with facilitating these meetings in an effort to enhance their effectiveness. Let’s take a look at what the NHDOL requires, discuss the many benefits of a productive safety committee and how NHADA Loss Prevention can help. ESTABLISHMENT OF THE JOINT LOSS MANAGEMENT COMMITTEE A. All employers of 15 or more employees shall establish a working Joint Loss Management Committee, composed of equal numbers of employer and employee representatives, or more employee representatives as follows: 1. The size and composition of the Joint Loss Management Committee shall be determined as follows: a. Employers with 15 to 20 employees shall have a minimum of two members. b. Employers with more than 20 employees shall have a minimum of four members. 2. Employee representatives shall be selected by the employees; 3. Where the employees are represented by a single, exclusive bargaining representative, the bargaining representative shall designate the members; 4. Where the employees are represented by more than one labor organization or where some but not all of the employees are represented by a labor organization, each bargaining unit of represented employees and any residual group of employees not represented shall have a proportionate number of committee members based on the number of employees in each bargaining unit or group; and 5. Committee members shall be representatives of the major work activities and geographical area of the employer. B. Committee members shall be trained in workplace hazard identification and accident and incident investigation adequately enough to carry out the committee's responsibilities. DUTIES AND RESPONSIBILITIES OF THE JOINT LOSS MANAGEMENT COMMITTEE The Joint Loss Management Committee shall: A. Meet at least quarterly to carry out its duties and responsibilities; B. Keep minutes of meetings which shall be made available for review by all employees; BY BRIAN DUPLESSIS NHADA WCT LOSS PREVENTION SUPERVISOR LOSS PREVENTION CAN ASSIST WITH SAFETY COMMITTEE MEETINGS REQUIRED QUARTERLY BY NH DEPARTMENT OF LABOR 22
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