VOL. 7 | NO. 03 High Stakes, Stronger Bonds NHADA’s Casino Night Brings the Fun to Portsmouth Page 10
Anticipate every turn In an industry that’s always evolving, your dealership can rely on our Dealer Financial Services team’s 90 years of experience to see what’s around the corner, forward-thinking insights to prepare you, and technology to keep you ahead of the curve. What would you like the power to do?® Stephen Delaney, stephen.delaney@bofa.com business.bofa.com/dealer ©2024 Bank of America Corporation. All rights reserved. DFS-699-AD 6942528 Investment products offered by Investment Banking Affiliates: Are Not FDIC Insured Are Not Bank Guaranteed May Lose Value “Bank of America” and “BofA Securities” are the marketing names used by the Global Banking and Global Markets divisions of Bank of America Corporation. Lending, derivatives, other commercial banking activities, and trading in certain financial instruments are performed globally by banking affiliates of Bank of America Corporation, including Bank of America, N.A., Member FDIC. Trading in securities and financial instruments, and strategic advisory, and other investment banking activities, are performed globally by investment banking affiliates of Bank of America Corporation (“Investment Banking Affiliates”), including, in the United States, BofA Securities, Inc., which is a registered broker-dealer and Member of SIPC, and, in other jurisdictions, by locally registered entities. BofA Securities, Inc. is a registered futures commission merchant with the CFTC and a member of the NFA.
VOL. 7 • NO. 03 PRESIDENT Dan Bennett, REM, IOM, CAE NHADA OFFICERS Jason LaCroix, Chairman John Crowley, Vice Chairman Jeff Platek, Treasurer Shawn Hanlon, Secretary NHADA DIRECTORS Marshall Jespersen, Immediate Past Chair John Sawyer Jr., Franchised New Car Michael Lampert, Franchised Heavy Duty Truck Tim Foss, Franchised New Car Dennis Gaudet, Independent Used Car Ron Poirier, Independent Repair/Service David Hammer, NADA Director George Mullin, Franchised/Independent Jessica Trask, Franchised New Car Roger Groux, Advisory Director Damon Jespersen, Franchised New Car Justin Weisman, Franchised New Car Curt Grenier, Franchised/Motorcycle ©2025 The New Hampshire Automobile Dealers Association (NHADA) | The newsLINK Group LLC. All rights reserved. DRIVE New Hampshire is published six times per year by The newsLINK Group LLC for 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 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 a first-print policy is encouraged, 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. CONTENTS A Message From the President 4 NHADA’s Fight for Safety How Compromise Was Cast Aside for Libertarian Ideology By Dan Bennett, REM, IOM, CAE, President, NHADA A Message From the Chair 6 After the Repeal, Our Commitment to Safety Remains By Jason LaCroix, Chairman, NHADA NADA Update 8 Federal Action Repeals EPA EV Mandate By David Hammer, Contemporary Automotive Group, NADA Director 9 Celebrating 30 Years of Service: Bill Weiss By Pete Sheffer, Vice President and Director of Insurances, NHADA 10 High Stakes, Stronger Bonds NHADA’s Casino Night Brings the Fun to Portsmouth By Kaleena Guzman, Director of Major Events & Partnership, NHADA 12 Youth Employment Laws in New Hampshire By Margaret “Peg” O’Brien, Esq., McLane Middleton, Professional Association 15 Welcome Dealer Merchant Services, Diamond Level Partner 16 In Case You Missed It: NHADA’s Recent Industry Trainings 17 2025 Rebates By Pete Sheffer, Vice President and Director of Insurances, NHADA 18 SkillsUSA Auto Competition By Adam Memmolo, Workforce Development Coordinator, NHADA 20 Understanding Dealership Repurchase Rights in New Hampshire By Hilary Holmes Rheaume, Bernstein Shur, NHADA Gold Partner 21 Welcome to the Team! Meet the Newest Faces at NHADA 22 Investing in Employee Well-Being Why Wellness Benefits Matter By Chelsey Gaudet, Licensed Insurance Producer, NHADA 23 Teeing Up for Tomorrow Drive for a Tech Golf Tournament Returns to Pease 24 Don’t Settle for Automatic Warranty Labor Rate Increases A Smarter, More Profitable Alternative By Jordan Jankowski, Chief Operating Officer, Armatus Dealer Uplift, NHADA Bronze Partner 25 Extreme Summer Heat Is Here Protect Your Employees By Brian Duplessis, Loss Prevention Supervisor, NHADA 26 LotDrop The 2025 Summer Collection 28 Thank You, 2025 NHADA Partners! 29 By the Numbers 30 NHADA Membership Milestones May 1, 2025-June 30, 2025 30 NHADA New Members 3
A MESSAGE FROM THE PRESIDENT NHADA’S FIGHT FOR SAFETY How Compromise Was Cast Aside for Libertarian Ideology The New Hampshire Automobile Dealers Association (NHADA), joined at times by other roadway safety advocates, worked tirelessly this legislative session to preserve the state’s longstanding vehicle safety inspection program — an effort that was met with persistent resistance by the Republican majority in the House and ultimately undone in the final hours by the Republican majority members of the Senate. Recognizing that modernization of the inspection law was possible without sacrificing public safety, NHADA crafted a thoughtful, compromise amendment to House Bill 649 that sought to eliminate the safety inspection program. Our proposal was built around a simple premise: Protect consumers, maintain essential safety checks and address legitimate concerns with common-sense reform. What resulted was a complete overhaul of the way inspections would be conducted — cutting failure items by nearly 50% and designating remaining non-safety-related defects as advisory only. These would be noted during an inspection but would not serve as grounds for failure. This plan was the result of months of diligent dialogue with legislators, the Senate Finance Committee, state police, the governor’s office and other stakeholders. Among our key proposals, in addition to the previously mentioned: • Extending the inspection grace period from 10 to 30 days. • Increasing the emissions repair waiver from 60 to 180 days. • Creating a new consumer appeals process for inspection disputes. Each element was designed to provide more fairness and flexibility to consumers while retaining the integrity of a safety program that has served New Hampshire for nearly a century, and certainly contributed to New Hampshire’s prize ranking as the safest state in the nation. Members of the Senate initially expressed appreciation for NHADA’s efforts and adopted nearly all of our ideas in their own amendment. However, they introduced a new car exemption — originally seeking to exempt the first five model years from inspection. NHADA provided data that demonstrated a sharp increase in safety-related failures beyond the second year of a vehicle’s life and pushed back firmly. Through further negotiation, we compromised at three model years, a number we believed would protect public safety while acknowledging the reliability of newer vehicles. Thanks to a unified push from our membership, HB 649 was sent back to the committee for further review this fall. But the fight was far from over. The same language contained in HB 649 was placed in HB 2, one of the state’s budget bills. This was a calculated end-run by the House Republican Majority. Using political maneuvering to force through the repeal outside the public eye. Despite the agreement reached in good faith through the budget negotiation Committee of Conference — one that met the governor’s direct request to NHADA for a “compromised” solution with “nothing crazy” — the Senate’s own leaders, Senate President Carson, Sen. Birdsell and Sen. Gray, reversed course in the final hours. They agreed to a full repeal of the inspection program as a last-minute bargaining chip in the state budget negotiations (HB 2). This betrayal went against not only the Committee’s compromise but also the expressed position of the Senate one day earlier. While Gov. Ayotte at one point mentioned vetoing the budget, which forced further compromise, repeal of the inspection program was not mentioned or made a priority. BY DAN BENNETT, REM, IOM, CAE PRESIDENT, NHADA UNCERTAIN ROAD AHEAD: We understand there are many questions about what comes after January 31, 2026. Please know we are actively gathering information and will share clear guidance from the state as soon as it becomes available. 4
Remember: our voice at the State House is only as loud as yours at home, and our motto is to support those who support us. Republican Majority Leader Jason Osborne led the charge in the House, driving its refusal to compromise and ensuring the repeal was embraced without hesitation. In doing so, lawmakers dismantled a proven safety mechanism that has protected New Hampshire’s roads for generations. NHADA worked in good faith. We engaged stakeholders, developed meaningful reforms and fought for a balanced outcome that served both consumer interests and public safety. What we witnessed instead was a breakdown in negotiation, led by elected officials who disregarded facts and data and chose political ideology over responsibility. The decision to eliminate the vehicle inspection program — driven by backroom politics in the final moments — was not rooted in data, safety or compromise. It was a betrayal of public trust and a dangerous gamble with lives on the road. The change takes effect in 2026. As we learn more and assess how this may impact your operations, rest assured, we will work closely with our partners to provide clear guidance every step of the way. WHAT DID DEALERSHIP TRANSACTIONS IN GREATER NEW ENGLAND LOOK LIKE IN 2024? 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 2024 YEAR END REPORT WWW.NANCYPHILLIPS.COM 5
SUGGESTED MESSAGING FOR MEMBERS TO USE WITH CUSTOMERS • Safety doesn’t expire just because inspections do. Regular vehicle checkups are still critical to keeping you, your family and others safe on the road. • We’re here for you. Our certified technicians and facilities remain the best resource to catch dangerous problems before they become costly — or tragic. • Maintenance isn’t optional — it’s essential. Just because you’re not required to have an inspection doesn’t mean you shouldn’t take proactive care of your vehicle. • We’ll help you stay safe. Ask us about safety checks, preventative maintenance services and scheduling regular inspections — even after 2026. • Trust the experts. Many safety systems can’t be assessed with the naked eye. Let trained professionals evaluate your brakes, suspension, steering, tires and emissions components. • Make informed choices. Don’t wait for a breakdown — or worse — to address safety concerns. As always, NHADA is your partner and resource. We’ll continue to provide information, updates and tools to support you in navigating this transition. Thank you for standing with us in support of safer roads and responsible vehicle ownership. Stay tuned — and stay engaged. To watch the full interview on WMUR, scan the QR code. https://www.wmur.com/article/closeup-stateinspection-motor-vehicles-end-safety/65307699 BY JASON LACROIX CHAIRMAN, NHADA AFTER THE REPEAL, OUR COMMITMENT TO SAFETY REMAINS A MESSAGE FROM THE CHAIR You may have seen me recently on WMUR discussing the repeal of New Hampshire’s vehicle safety inspection program, now set to end on Jan. 31, 2026. Like many of you, I watched with deep frustration as a nearly century-old safeguard was stripped away — not through open debate or consensus — but through a last-minute political maneuver hidden within the state’s budget bill. While this is undoubtedly a loss for roadway safety, I want to be clear: NHADA is still here, and we remain firmly committed to keeping your vehicles — and your customers — safe. After the dust settles from political rhetoric, it’s the people of New Hampshire — especially those who care about properly maintaining their vehicles — who are left with questions. The lawmakers behind this repeal claim Section 266:1 of the RSA still mandates safe vehicle components, but that’s misleading. Without inspections, who enforces these mandates? The truth is only licensed automotive professionals with the proper training and equipment — like you — are in any position to properly evaluate a vehicle’s condition. A wrench or a flashlight is not a replacement for a vehicle lift, a trained eye or diagnostic tools. The new law effectively removes enforcement, leaving safety in the hands of the vehicle owner alone — and that leaves far too much to chance. As NHADA continues to explore the implications of this repeal, we’ll keep pushing for a future that respects both liberty and responsibility. Until then, I encourage you to help carry this message forward in your own businesses and communities. 6
NADA UPDATE FEDERAL ACTION REPEALS EPA EV MANDATE BY DAVID HAMMER CONTEMPORARY AUTOMOTIVE GROUP, NADA DIRECTOR On June 12, President Trump signed legislation into law that repeals the Environmental Protection Agency’s waiver allowing California — and 11 additional states — to implement electric vehicle (EV) sales mandates. The waiver would have required manufacturers to meet increasingly higher percentages of zero-emission vehicle sales, culminating in an 80% EV sales target by 2035. Key Takeaways for Dealers: • Mandate Rescinded: Manufacturers are no longer required to meet the federal EV sales targets previously authorized under the EPA waiver. • Market-Based Inventory Decisions: Dealers and manufacturers retain flexibility to meet consumer demand across all vehicle types — gasoline, hybrid and electric. • Ongoing Legal Considerations: California officials have indicated possible legal action in response to the repeal. However, at this time, no immediate regulatory changes are expected that would reinstate the mandate. • Federal Policy Shift: The repeal is part of a broader series of federal actions reevaluating electric vehicle policies, including tax incentives and related regulations. If you have questions or would like additional resources to help inform your customers or staff, please visit nada.org. FEDERAL TRADE COMMISSION ISSUES GUIDANCE ON DEALER COMPLIANCE WITH SAFEGUARDS RULE The Federal Trade Commission issued a Frequently Asked Questions document to help dealers comply with the Safeguards Rule. The FAQ provides a useful summary of the key Safeguards Rule duties applicable to dealers and cites the 2005 FAQ on the Privacy Rule and Auto Dealers and FTC Safeguards Rule: What Your Business Needs to Know. Why It Matters: Dealers work with manufacturers and vendors to ensure customer information is protected as required by the Safeguards Rule. However, there have been questions regarding how dealers can comply with the rule regarding contracts with OEMs and other vendors. Key points from the FAQ that address specific situations to dealers: • Dealers need to notify the FTC of a breach as soon as possible and no later than 30 days after discovery if there is an unauthorized acquisition of unencrypted information, unless there is reliable evidence to show that there has not been, or could not reasonably have been, unauthorized acquisition of the customer information in question. • Sharing a list of all customers who have purchased a vehicle with an OEM is not covered under the Safeguards Rule or the Privacy Rule. Name and address information alone does not trigger the requirement to provide a privacy notice or opportunity to opt-out to an individual under the Privacy Rule. If a list, however, contains information obtained in the financing process, including the fact that the individual sought or obtained financing or leasing, dealers would need to comply with the Privacy Rule. • Storing all information obtained from individuals in one comprehensive database (interest in buying a vehicle, applied for and obtained financing) with name, address, vehicle purchased and Social Security number would need to comply with the Safeguards Rule. The Privacy Rule will also need to be followed if a dealer provides OEM access to the complete database unless an exception applies. A database and list generated from the database do not have the same compliance obligations. A list generated from that database with names and addresses of everyone who purchased a vehicle alone would not be subject to the Safeguards Rule or Privacy Rule if the list does not include other protected information. 8
https://www.nada.org/nada/educationconsulting/driven-management-guide/ dealer-guide-ftc-safeguards-rulel43?utm_medium=email&utm_source=ActOn+Software&utm_content=email&utm_ term=Driven%20Guide%20to%20 the%20FTC%20Safeguards%20 Rule&utm_campaign=NADA%20 Compliance%20Alert%3A%20Federal%20Trade%20 Commission%20Issues%20Guidance%20on%20Dealer%20 Compliance%20with%20Safeguards%20Rule https://www.nada.org/media/3074/ download?inline&utm_medium=email&utm_ source=Act-On+Software&utm_ content=email&utm_term=FTC%20 Privacy%20Rule%20and%20 the%20Model%20Privacy%20 Notice&utm_campaign=NADA%20 Compliance%20Alert%3A%20Federal%20 Trade%20Commission%20Issues%20Guidance%20on%20 Dealer%20Compliance%20with%20Safeguards%20Rule NADA RESOURCES To access A Dealer Guide to the FTC Safeguards Rule, scan the QR code. • Overseeing a service provider does not mean dealers have to get the service provider to agree to meet all requirements of the Safeguards Rule. The Safeguards Rule gives dealers flexibility to select service providers whose safeguards are appropriate for the customer information they will be using. NADA will continue engaging with the FTC to ensure dealers have clarity on complying with the Safeguards Rule and Privacy Rule, which protects customer information and does not burden businesses. Please join us in congratulating Bill Weiss Jr., President and Dealer Principal of Crest Auto World in North Conway, on an incredible milestone — 30 years of dedicated service on the Board of Trustees for the New Hampshire Automobile Dealers Association Workers Compensation Trust (NHADA WCT). Bill’s commitment to the automotive industry runs deep. Crest Auto World, a proudly family-owned dealership, has been a cornerstone of the North Conway community for decades. CELEBRATING 30 YEARS OF SERVICE: BILL WEISS To access A Dealer Guide to the FTC Privacy Rule and the Model Privacy Notice, scan the QR code. This memorandum is offered for general informational purposes only and is not intended to constitute legal advice. Each dealer should seek their own legal counsel, make their own independent business decisions and work with their attorneys to ensure compliance with the law. Be sure to consider NHADA's Legal Partners for further guidance by scanning the QR code. https://www.nhada.com/_hcms/mem/ login?redirect_url=https%3A%2F%2Fwww. nhada.com%2Fpartnership-progra m%2Fpartners#legal-services Bill and his brother, Robert Weiss, Vice President, purchased the existing Chevrolet Saab dealership in 1976. Over the years, they expanded the business, adding Chrysler, Dodge and Plymouth in 1981; Oldsmobile in 1992; and Jeep and Cadillac in 1995. Today, Crest Auto World is a trusted destination for Chevrolet, Chrysler, Dodge, Jeep, Ram and Wagoneer vehicles. The Weiss family legacy continues with Bill’s son, Christopher, who joined the business in 2006 and carries forward their tradition of excellence and service. Bill’s three decades on the WCT Board reflect his deep commitment to the well-being of New Hampshire’s dealer community. We thank him for his leadership, vision and dedication. BY PETE SHEFFER VICE PRESIDENT AND DIRECTOR OF INSURANCES, NHADA 9
HIGH STAKES, STRONGER BONDS NHADA’s Casino Night Brings the Fun to Portsmouth BY KALEENA GUZMAN DIRECTOR OF MAJOR EVENTS & PARTNERSHIP, NHADA Under glittering lights and the upbeat sounds of East Coast Soul, this year’s NHADA Convention Casino Night blended high style, smooth entertainment and real connections into one unforgettable evening. Following an extended cocktail hour designed to encourage networking, attendees visited partner booths to collect their “funny money,” neatly tucked into sleek money clips and clutches generously provided by Northeast Auto Auction. This thoughtful detail set the tone for a night where everyone, from first timers to seasoned attendees, could join the fun and feel like a high roller. The casino floor buzzed as guests tried their luck at blackjack, roulette and craps, laughter mingling with the rhythmic backdrop provided by East Coast Soul. The band’s live set kept the energy alive, while conversations flowed around the gaming tables and throughout the venue. A special thank you goes out to the evening’s Prime Sponsor, Auto Auction of New England, whose support helped make this signature NHADA event possible. More than just an evening of entertainment, Casino Night captured what the NHADA Convention does best: creating a space for members and partners to unwind, connect and celebrate the strength of the industry, all with a drink in hand and a few chips on the table. As the night drew to a close, guests departed with stories of big wins (and near misses), stronger connections and plenty of anticipation for next year’s convention. We’ll be returning to our traditional format at the beautiful new Lake Estate in Tilton, New Hampshire, on June 21-23, 2026. Trust us, you won’t want to miss it! 10
TO OUR CONVENTION SPONSORS! Prime Sponsor Auto Auction of New England Royal Flush Sponsor Capital Dealer Services Group Straight Flush Sponsor ComplyAuto Entertainment Sponsor Nucar Gift Sponsor Northeast Auto Auction Full House Sponsor ICL Autos Lounge Area Sponsor Armatus Dealer Uplift Breakfast Sponsor Northeast Delta Dental Casino Room High Top Sponsor Quirk Auto Dealers of New Hampshire Casino Night Drink Ticket Sponsor Gordon-Darby NHOST Services Golf Tournament Sponsor ArentFox Schiff High Top Table Sponsor TSS Advisors Lucky Ace Sponsor Portsmouth Ford Photo Booth Sponsor Twelve Points Wealth Management Welcome Sponsor Bernstein Shur Dealer’s Choice Sponsors The Collins Business Group JM&A Group McFarland Ford Zurich Thank You 11
Because it’s summer and more teenagers are entering the workplace, now is a good time to review the laws governing the employment of individuals under the age of 18 in New Hampshire. YOUTH EMPLOYMENT LAWS The New Hampshire Department of Labor (NH DOL) and the U.S. Department of Labor (U.S. DOL) enforce the state Youth Employment Law (RSA 276-A) and the federal Fair Labor Standards Act (FLSA), respectively, and perform inspections and assess penalties for violations related to youth workers. There are two general areas of focus regarding youth employment laws: hours/time of day limitations and hazardous work restrictions. Employers should ensure that any individuals responsible for hiring are aware of both the state and federal rules pertaining to youth employment and that all supervisors are properly trained with respect to the scope of appropriate work for minors, as well as with respect to scheduling issues. Please remember that employers must comply with both the federal and state laws governing youth employment and that these laws are not identical. This means that employers must comply with whichever youth employment law (federal or state) provides the greatest protection for the youth. Although both laws define a “youth” as any individual under the age of 18, the specific restrictions are different for 16- and 17-year-old workers compared to those under 16 years of age. In general, any youth under the age of 14 may not work in New Hampshire (casual work and newspaper delivery). Additionally, most youths may not perform “hazardous” work, such as, but not limited to, commercial driving, excavation, manufacturing explosives and operating many types of power-driven equipment. Further, New Hampshire has specific laws governing the employment of youth in the alcoholic beverage industry that are not covered in this article. SPECIFIC LAWS GOVERNING 14- AND 15-YEAR-OLDS Type of Work Allowed • Non-manufacturing, non-mining and non-hazardous jobs, such as those found in retail stores, offices, restaurants, movie theaters, amusement parks and gasoline service stations. For more information about jobs suitable for minors, scan the QR code. https://www.dol.gov/agencies/whd/ BY MARGARET “PEG” O’BRIEN, ESQ. McLANE MIDDLETON, PROFESSIONAL ASSOCIATION YOUTH EMPLOYMENT LAWS IN NEW HAMPSHIRE 12
fact-sheets/43-child-labor-non-agriculture • Auto Industry Specific Jobs: U.S. DOL regulations provide that 14- and 15-year-olds may work in jobs connected with cars and trucks if confined to the following: dispensing gasoline and oil, courtesy service, car cleaning, washing and polishing by hand. Type of Work Not Allowed • No baking or cooking (except with gas or electric grills that do not involve an open flame), work with freezers or meat coolers, or work in meat processing areas, or operate, set-up, adjust, clean, oil or repair power-driven food slicers, grinders, choppers, cutters, or bakery mixers or any other activity classified as a “hazardous occupation.” • No work in warehouses, communications or public utilities jobs, construction or repair jobs, or jobs in which they drive a motor vehicle, or operate power-driven machinery or hoisting apparatus (other than typical office machines). • No work loading and unloading goods to and from trucks or conveyors. Hours Allowed and Limitations • Up to three hours on a school day and up to 18 hours* per week during a school week. • Up to eight hours on a non-school day and up to 40 hours per week* during a non-school week. • No work before 7:00 a.m. and after 7:00 p.m.,* except from June 1 through Labor Day, when they can work as late as 9:00 p.m. • “Week” is defined as any fixed and regularly occurring 168-hour period that is the same as the employer’s work week. *Federal law is more restrictive than state law in these three areas; employers must comply with federal law, as it is more protective. SPECIFIC LAWS GOVERNING 16- AND 17-YEAR-OLDS Type of Work Allowed • May engage in any work not classified as a “hazardous activity” (or separately regulated, such as serving alcohol). • Occasional driving by minors at least 17 years old during daylight hours within limitations outlined by DOL Fact Sheet #34. • Auto Industry Specific Jobs: U.S. DOL stated in a 1986 FLSA opinion letter that 16- and 17-year-olds may operate electric, pneumatic and hydraulic lifts in service stations and electric doors. NH DOL has also clarified driving and lift operation restrictions for 16- and 17-year-olds. Type of Work Not Allowed* • Work classified as hazardous includes power-driven woodworking metal-forming, punching, shearing machines, forest, logging, sawmilling operations, and unloading or operating balers and compactors. *Limited apprentice/student-learner exemptions may apply. For more information, visit Partial Exemptions for Non-Agricultural Hazardous Order Prohibitions by scanning the QR code. https://webapps.dol.gov/elaws/whd/flsa/cl/exemptions.asp Hours Allowed and Limitations • No more than 35 hours during a work week when school is in session for the whole week. • During school vacations and between June 1 through Labor Day, no more than six consecutive days or 48 hours in any one week. (There is an exception for youths who reside and work at a summer camp for minors.) • Youth not enrolled in school may not work more than 10 hours a day or 48 hours in a week in any manual or mechanical labor in manufacturing and no more than 10 ¼ hours day or 54 hours in a week in any manual or mechanical labor in non-manufacturing environments. If a youth worker has more than one job, this limitation still applies to all employers. See RSA 276-A:11 and RSA 276-A:12. POSTING REQUIREMENTS New Hampshire employers are required to post a printed notice stating the hours of work, the time allowed for dinner or other meals, and the maximum number of hours any youth is permitted to work in any one day in a conspicuous place in every room where youths are employed. YOUTH EMPLOYMENT CERTIFICATES New Hampshire requires most youths under the age of 16 to acquire a New Hampshire Youth Employment Certificate within three business days of their first day of employment. The Certificate may be issued by school principals or their designee, or by a parent or legal guardian. For 16- and 17-year-olds, the employer must obtain a signed written document from the youth’s parent or legal guardian permitting the youth’s employment. This permission form 13
must be on file at the worksite prior to the first day of employment. OTHER CONSIDERATIONS Teenagers and young adults frequently possess limited exposure to professional environments, which may result in a lack of familiarity with workplace norms and safety protocols. Consequently, they may struggle to discern what constitutes appropriate behavior and may be unaware of potential health and safety hazards in the workplace. Young workers may find themselves particularly prone to experiencing sexual harassment and discrimination in the workplace, often lacking the knowledge or confidence to address such misconduct. It is imperative for employers to provide training for young employees, outlining company policies and reporting channels for instances of discrimination and harassment from the outset of their employment. By actively fostering an environment that encourages young workers to voice their concerns and promptly report any issues, employers can intervene early and effectively mitigate potential escalations of misconduct. Safety training should be comprehensive with regular feedback and evaluation, including counseling and disciplinary action if unsafe behavior and/or violations of safety rules occur. OSHA provides guidance on employer responsibilities related to youth workers. For example, OSHA recommends employers label equipment that young workers are not allowed to operate. Lastly, there may be exceptions to the minimum age requirements listed in this article for minors employed by their parent or by a person acting as their guardian. HIRING INTERNS In the pursuit of gaining practical work experience, many teenagers and young adults express interest in working as an unpaid summer “intern.” This arrangement, commonly regarded as mutually beneficial, provides interns with a chance to acquire valuable experience while affording employers the aid of free support. However, unpaid internships may run afoul of federal and state wage and hour laws. Both the U.S. DOL and the NH DOL have issued guidance addressing when unpaid interns are allowed. In New Hampshire, organizations must receive approval from the NH DOL first. See U.S. DOL Fact Sheet #71 and the NH DOL Educational Learning Opportunities. PENALTIES Employers violating youth employment laws risk criminal and civil penalties, including fines and imprisonment. Under federal law, employers are subject to a civil money penalty of up to $16,035 per worker for each violation of the child labor laws. In addition, employers are subject to a civil money penalty of $72,876 for each violation that causes the death or serious injury of any minor employee. Federal law also provides for a criminal fine of up to $10,000 upon conviction for a willful violation of child labor laws. For a second conviction for a willful violation, the act provides for a fine of not more than $10,000 and imprisonment for up to six months, or both. State law also imposes civil and criminal penalties for violations of youth employment laws. CONCLUSION Employers have a responsibility to adhere to both federal and state laws and regulations, with a particular focus on safeguarding the well-being of young workers. The U.S. DOL and NH DOL have both expressed increased enforcement efforts in this area. Now is a good time to review the company’s practices with respect to youth employment to ensure that all the specific requirements of both laws are being satisfied. 14
WELCOME DEALER MERCHANT SERVICES, DIAMOND LEVEL PARTNER We proudly welcome Dealer Merchant Services (DMS) as our Diamond Level Partner for credit card processing and compliant credit card surcharging solutions. As you know, rising credit card processing fees continue to impact profitability across our industry. DMS offers an effective and fully compliant way to manage those costs through modern surcharging programs — allowing your dealership to pass credit card fees to customers or provide you with the most cost-effective traditional processing. WHY THIS PARTNERSHIP MATTERS Dealer Merchant Services • 100% compliant surcharge program, compliant with card brand, state and federal guidelines. • Successfully launched 1,000 dealerships, more than any other company in the country. • Endorsed by 15 state associations. • Integration with CDK, Dealertrack, Dominion and more to come! • Automotive-focused experts with more than 400 years of combined auto dealership experience — DMS only works with car and truck dealers. • Delivers white glove launches and concierge-type service. • Utilizes a proprietary solution to help dealers save up to 75% of their credit card processing fees without disrupting CSI — they have saved dealers more than $59 million since January 2022! And the ticker is running! NEXT STEPS DMS offers a complimentary savings analysis to all NHADA members. This no-obligation review can arm you with the data needed to make great decisions about your credit card processing and surcharging. You’ll also be seeing much more of DMS throughout the year. Keep an eye out during our upcoming events and in our educational webinar series, where they’ll share valuable insights and resources to help dealerships make informed financial decisions relating to credit card processing and surcharging. Please join us in giving a warm welcome to Dealer Merchant Services. We’re excited about the value and expertise they bring to our partner community! https://www.dropbox.com/scl/ fi/7zh3rgla49e4dhekpmb12/2-26_DMS_v2.mp4?rlkey= xnw6is00ybkkkdqs00hqt2zcb&e=1&st=xigz3td2&dl=0 Call Amberly Allen, DMS founder, at (214) 683-4088 or email her at amberly@dealermerchantservices.com with questions. You can also learn more about Dealer Merchant Services and surcharging by scanning the QR code. 15
At NHADA, we know staying informed isn’t just an advantage — it’s essential for operating safely, legally and competitively. That’s why we offer ongoing, expert-led training for members and industry professionals alike. Recently, we hosted two impactful sessions designed to help New Hampshire businesses stay ahead of regulatory and legal changes. FMCSA NEW ENTRANT SAFETY ASSURANCE PROGRAM TRAINING On June 24, NHADA welcomed Trooper First Class Derek Holston of the New Hampshire State Police for an in-depth course covering the fundamentals of operating as a Motor Carrier. Trooper Holston shared his extensive expertise from 20 years of service, including 14 years on the Commercial Vehicle Enforcement Team. The training provided critical insight into: • Federal and state regulations. • Safety standards and maintenance obligations. • Driver qualification and hours-of-service rules. • Recordkeeping responsibilities. • The FMCSA new entrant safety assurance program. This course was designed to help new motor carrier owners, safety managers, fleet supervisors and administrative staff build a strong foundation for long-term compliance and safe operation. TRENDING ISSUES IN FRANCHISE LAW FOR NH DEALERS We also hosted an essential legal update led by Hilary Holmes Rheaume, Esq., of Bernstein Shur, an NHADA Silver Partner. Tailored for automotive, equipment and powersport dealers, this session addressed the latest legal trends reshaping franchise relationships in New Hampshire. Key topics included: • Direct sales and subscription services. • Market consolidation. • Statutory repurchase rights. Attendees gained valuable insights into how these developments could affect their businesses and practical strategies to navigate the evolving landscape. THANK YOU TO OUR PRESENTERS Thank you to Trooper First Class Derek Holston and Hilary Holmes Rheaume, Esq., for sharing their time, expertise and insights with our members. STAY AHEAD WITH NHADA TRAINING If you missed these sessions, be sure to explore upcoming training opportunities at nhada.com/training. Whether you’re new to the industry or a seasoned operator, our trainings are designed to help you stay compliant, competitive and prepared for what’s next. IN CASE YOU MISSED IT: NHADA’S RECENT INDUSTRY TRAININGS 16
2025 REBATES BY PETE SHEFFER VICE PRESIDENT AND DIRECTOR OF INSURANCES, NHADA On March 5, 2025, the actuary presented his recommendations to the WCT Board for the 2025 rebate. The board voted unanimously in favor of the actuary’s recommendation to return $1.734 million to the members. Money has been returned from fund years 2019-23. Rebates for 2025 were hand-delivered or mailed in mid-May. The NHADA WCT Board and staff recognize how important rebates are to our members. Members must continually focus on proven loss prevention and claims management practices to reduce claims costs and increase rebates. It is shortsighted to stop adhering to these basic principles to save money on a daily basis. Failure to adhere to these principles will result in increased claims costs, resulting in increased premiums and decreased rebates. The following are proven best practices to achieve the highest rebate possible: • Provide a safe workplace. • Have regular Safety Committee meetings. • Implement Safety Committee recommendations. • Train new hires focusing on safety. Utilize the NHADA platform, Learn Upon. • Inform new hires about Workers’ Compensation Managed Care. • Document new hires’ pre-existing condition(s) on the Second Injury Fund form. • Take your time during the hiring process to hire the best person for the job and be sure to train all new hires before they begin work. • Perform pre-placement drug testing and do not hire applicants who fail the test. • Do not allow new hires to work until the drug test results are received. • Call NHADA immediately after an injury occurs to obtain assistance from our nurse case manager with a Comp MC network referral. • Promptly file the Employer’s First Report of Injury. The First Report is now available on our website to submit to us electronically. There is no need to send it to the New Hampshire Department of Labor, as we upload the claims information to them. • Communicate any concerns you or your staff have about the claim. • Provide temporary alternate duty. Temporary alternate duty remains the single most effective way to control workers’ compensation claims costs. Please remember that medical-only claims are discounted 70% when the experience modification factor is calculated. In December, the claims staff reviewed all open claims to ensure that the reserves on those claims are as accurate as possible. The total incurred costs on all claims, prior to Jan. 1, 2024, valued as of Dec. 31, were used to calculate the rebate. In January, the actuary for the NHADA Workers’ Compensation Trust reviewed the claims data to determine the amount of money available to return to WCT Members in the form of a rebate. The rebate is calculated initially Trust-wide by the actuary. Administrative expenses and total incurred claims costs are subtracted from the total available premium to determine the available balance. The available balance by member is determined in the same manner, then multiplied by the individual member’s pro rata share of the total eligible balance, and previous returned rebates are deducted, yielding the current balance per individual member. The individual member’s rebate is based on the performance of the Trust for the years of return, and more importantly, the individual member’s performance for the same years. The return of premium for a particular fund year will be paid out over the course of several subsequent years. Rebates will be reduced by any outstanding premium due to the WCT. In addition, rebates will be reduced by any balance owed to NHADA affiliate groups at the time the rebate is distributed. Please allow the NHADA Workers’ Compensation Trust claims staff to assist you with your claims issues. Contact us when a claim arises, and we will successfully manage it together to control costs and increase your rebate. 17
SkillsUSA AUTO COMPETITION BY ADAM MEMMOLO WORKFORCE DEVELOPMENT COORDINATOR, NHADA On Friday, April 4, we had the privilege of co-hosting the SkillsUSA Auto Competition here in New Hampshire. This event brought together students competing for exciting prizes and the chance to represent the state at the National SkillsUSA competition in Atlanta. Thanks to the generous support of our members at MB Tractor, Nucar, TMS Diesel and Key Collision, we were able to provide toolboxes filled with top-quality tools for our top finalists! In addition to the toolboxes, finalists also received a $1,500 scholarship. Talk about raising the stakes! Of course, they also earned some serious bragging rights along with gold, silver and bronze medals in each of the four categories. Nearly 60 students from around the state joined us at Lakes Region Community College and Nashua Community College to test their skills in categories including Power Equipment, Diesel, Maintenance and Light Repair, College-Level Automotive Service Technology, and Collision — spanning both Refinishing and Collision Repair. Marc Pouliot from White Mountains Community College ran the Diesel event with support from TMS Diesel and other volunteers. The Lakes Region Community College team, along with additional volunteers, managed the Maintenance and Light Repair and Automotive Service Technology events. MB Tractor took charge of the Power Equipment portion, while Nashua Community College, together with other industry partners, oversaw both Collision categories. Students were tested on more than just technical skills like electrical work, automotive measurements and parts identification — they also completed soft skills assessments focused on customer service. To kick things off, each student submitted a resume at registration. Throughout the day, volunteers monitored the students’ progress across various stations and ensured their safety. By the end of the competition, everyone was understandably tired, but the students could finally take a breath — they had done their best, and all that was left was waiting for the judges to tally the scores. On the evening of May 11, we gathered at Salem High School to announce the finalists. The winners of the gold, silver and bronze medals were invited onto the stage to receive their recognition. We were proud to be a part of such an incredible event that not only supports students but also generates excitement for the career opportunities in the automotive industry. https://www.youtube.com/watch?app =desktop&v=3cnI5GYnwKM&t=1s To watch a video of the collision winners, scan this QR code. https://www.youtube.com/ watch?app=desktop&v=C_viLxpuxcw To watch a video of the automotive winners, scan this QR code. https://www.youtube.com/watch?a pp=desktop&v=KKl2DCX-vWc To learn more about the SkillsUSA Auto Competition, scan this QR code. 18
Automotive Maintenance and Light Repair Place Name School Award 1st Tyler Morang SST $1,500 2nd Andrew Gilbert CRTC Tools & Tool Box 3rd Ayden Bernier LRTC Tools & Tool Box Automotive Refinishing Technology Place Name School Award 1st Ryan Osgood LRTC $1,500 2nd Zachary Lewis LRTC Tools & Tool Box 3rd Ella Freeman LRTC Tools & Tool Box Automotive Service Technology Place Name School Award 1st Austin Hopler CRTC $1,500 2nd Maxwell Daigle Pinkerton Tools & Tool Box 3rd Isaac Spencer Dover Tools & Tool Box Collision Repair Technology Place Name School Award 1st Noah Maynes LRTC $1,500 2nd Riley Harford LRTC Tools & Tool Box Diesel Equipment Technology Place Name School Award 1st Ryan Farrell WH Palmer $1,500 2nd Nicholas Cunha Portsmouth Tools & Tool Box 3rd Eoghan Brown SST Tools & Tool Box Power Equipment Technology Place Name School Award 1st Alec Richardson SST $1,500 2nd Mason Emrson Salem Tools & Tool Box 3rd Ryan Hill SST Tools & Tool Box Total Funds Award $9,000 Congratulations to this year’s SkillsUSA Auto Competition winners! 19
When a Dealer Agreement ends — whether through termination, cancellation or non-renewal — it often triggers complex financial and legal challenges. One of the most pressing concerns is what happens to the dealer’s remaining inventory and recent investments. In New Hampshire, the Dealer Bill of Rights provides critical protection for automotive, equipment and powersport dealers. WHAT IS R.S.A. 357-C:7(VI)? R.S.A. 357-C:7(VI) is a key provision in New Hampshire’s Dealer Bill of Rights. It mandates that manufacturers must repurchase certain items from dealers when a Dealer Agreement is terminated, regardless of whether the termination is voluntary or involuntary. This law is designed to protect dealers from being left with unsellable inventory, unused tools, signs and other items. Note that a manufacturer cannot terminate a dealership in New Hampshire without the dealer’s consent or by receiving an Order from the Motor Vehicle Industry Board stating that certain statutory criteria are satisfied. In other words, a manufacturer cannot terminate a dealership by simply sending a letter that states the Dealer Agreement will terminate on a certain date. If you receive such a letter and do not agree to terminate the franchise, contact legal counsel immediately. The statute requires a dealer to file a protest to challenge the termination within a relatively short period of time. UNDERSTANDING DEALERSHIP REPURCHASE RIGHTS IN NEW HAMPSHIRE WHAT ARE THE MANUFACTURER’S REPURCHASE OBLIGATIONS? Under R.S.A. 357-C:7(VI), manufacturers are required to repurchase the following from a terminated dealership: 1. Units: A manufacturer is required to repurchase all new, unsold, undamaged and complete units in the dealer’s inventory that have original invoices bearing original dates within 24 months (or 36 months for equipment) prior to the effective termination date, as long as the unit satisfies the mileage requirement. For motor vehicles, the mileage requirement is less than 750 miles on the odometer. Motorcycles must have less than 350 miles on the odometer. The manufacturer must repurchase the units at dealer cost, plus manufacturer charges for distribution, delivery and taxes paid by the dealer, less all allowances paid to the dealer. The manufacturer is also required to reimburse the dealer for insurance and floor plan costs for each eligible unit from the effective termination date to the date the manufacturer picks up the units. 2. Parts and Accessories: A manufacturer is required to repurchase at dealer cost each new, unused, undamaged and unsold part or accessory available in the current parts catalog, as long as the part or accessory was purchased from the manufacturer or an affiliated company or authorized vendor and is still in the original, resalable packaging and in unbroken lots. A part is deemed to be included in the “current parts catalog” if it is available to be purchased from the manufacturer on the date the notice of termination was issued. 3. Signage: A manufacturer is required to repurchase for fair market value each undamaged sign owned by the dealer that bears a trademark, trade name or commercial symbol used or claimed by the manufacturer, if the sign was purchased at the manufacturer’s request. 4. Special Tools and Equipment: At the dealer’s option, a manufacturer is required to repurchase for fair market value all tools and equipment owned by the dealer which the manufacturer recommended in writing and designated as special tools and equipment, the dealer purchased from or at the request of the manufacturer, and are in usable and good condition (normal wear and tear accepted). 5. Cost of Transporting, Handling, Packing and Loading: A manufacturer is required to pay the cost of transporting, handling, packing and loading of motor vehicles, parts, signs, tools and special equipment subject to repurchase. 6. Equipment or Service Contracts: A manufacturer is required to pay the remaining amount to be paid on any equipment or service contracts required by or leased from the manufacturer or a subsidiary or company affiliated with the manufacturer. Depending on the situation, other repurchase obligations may apply. We recommend speaking with legal counsel to determine if any additional repurchase obligations are applicable. BY HILARY HOLMES RHEAUME BERNSTEIN SHUR, NHADA GOLD PARTNER 20
JON DUNN Products Manager NHADA is excited to welcome Jon Dunn as our new products manager. In this key leadership role, Jon is spearheading sales growth and innovation across our Products Division, which supplies business essentials, branded apparel, forms and specialty items to NHADA members and customers nationwide through LotDrop. Jon joins us with extensive experience in client engagement, account management and operations. He most recently served as client development manager at Merchants Fleet, where he oversaw a 2,000-unit rental portfolio and delivered top-tier client service across the fleet lifecycle. His strong track record of managing sales pipelines, streamlining operations and strengthening customer relationships positions him perfectly for success at NHADA. As products manager, Jon is leading a talented team of product specialists, developing strategic sales plans and building lasting relationships across our 450+ member businesses. We’re confident his energy, leadership and insight will continue to elevate the NHADA Products Division. You can reach Jon at jdunn@nhada.com or (603) 224-2369. REPURCHASE TIMELINES The manufacturer is required to complete the buyback process and issue payment within 90 days of the effective termination date. NO AGREEMENT REQUIRED Manufacturers often ask dealers to sign an agreement before starting the repurchase process, which is not required. By signing such an agreement, you may unknowingly release certain rights under the statute. Seek legal counsel before signing any documents in the repurchase process. Dealers should work with legal counsel experienced with the Dealer Bill of Rights to ensure manufacturers comply with the law, to avoid inadvertently waiving any legal rights, and to facilitate a smooth repurchase process. CHELSEY GAUDET Licensed Insurance Producer Please join us in welcoming back a familiar face! Chelsey Gaudet returns to NHADA as our new licensed insurance producer, where she’ll provide high-quality health insurance and ancillary benefits to our valued members. Chelsey brings an impressive background to this role, having previously served as an agency principal with Allstate and as an administrative assistant for the NHADA Workers’ Compensation Trust. She also held a seat on the NHADA Board of Directors as a NextGen director, further deepening her connection to our mission and members. Her roots in the automotive world run deep — Chelsey’s family once owned the AutoServ Dealerships, now part of the Nucar Automotive Group. Her return to NHADA is a natural next step in a career centered around community, service and the automotive industry. Want to connect with Chelsey? Reach her at cgaudet@nhada.com or (603) 224-2369. Meet the Newest Faces at NHADA We’re thrilled to introduce two outstanding new hires who bring fresh energy and strong experience to the NHADA team! 21
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