PRESIDENT’S MESSAGE Leading the Charge
304-624-5564 www.tetrickbartlett.com Driving excellence in all we do. Tetrick & Bartlett, PLLC Certified Public Accountants Consultants Tetrick & Bartlett, PLLC is an accounting and consulting firm serving clients throughout West Virginia. We are dedicated to providing our automobile dealer clients with professional, personalized services and guidance in a wide range of financial and business needs.
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©2025 West Virginia Automobile Dealers Association (WVADA) | The newsLINK Group LLC. All rights reserved. WVADA News is published four times per year by The newsLINK Group LLC for WVADA 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 WVADA, 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. WVADA News is a collective work, and as such, some articles are submitted by authors who are independent of WVADA. 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 PRESIDENT’S MESSAGE 6 LEADING THE CHARGE By Jared Wyrick, President, WVADA 7 THIRD ANNUAL BOARD RETREAT 9 TITLE AND REGISTRATION SEMINARS 10 WVADA PRESENTS: ATLANTIS REIMAGINED 11 WVADA MEMBER PACKET 12 THANK YOU 2025 GALA SPONSORS AND CONVENTION SPONSORS 14 WVADA PRESIDENT’S CIRCLE 15 WVADA 93RD DEALER FAMILY CONVENTION BY THE NUMBERS 16 WHAT SHOULD DEALERS KNOW ABOUT THE TIP AND OVERTIME DEDUCTION PROVISIONS OF THE ONE BIG BEAUTIFUL BILL ACT? By Steve Williams, CPA/ABV, Tetrick & Bartlett PLLC COUNSELOR’S CORNER 18 HOW EMPLOYERS CAN PROTECT THEMSELVES FROM SEXUAL HARASSMENT LAWSUITS By Johnnie Brown, Esq., Pullin, Fowler, Flanagan, Brown & Poe PLLC 20 WEST VIRGINIA AUTO OUTLOOK 23 MEET YOUR NEW INTERN How Dealers Can Use AI Today By Todd Smith, Founder, QoreAI 25 FROM QUIET TO LOUD VACATIONING Tips for Creating Supportive PTO Policies By Fisher Phillips 29 IN THE COMMUNITY 33 WVADA PREFERRED PARTNER PROGRAMS 34 EXECUTIVE COMMITTEE, BOARD OF DIRECTORS AND DIRECTORS AT LARGE 2025 ISSUE 4 29 JARED WYRICK President HALEY JUSTICE Communications & Events Director WEST VIRGINIA AUTOMOBILE DEALERS ASSOCIATION 1618 Kanawha Blvd. E. Charleston, WV 25311 Phone: (304) 343-4158 wvcar.com MEET OUR TEAM ELAINE JUSTICE Office Administrator 16 WVADA NEWS 4
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?® Diana Zamudio, diana.zamudio@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.
Leading the Charge Jared Wyrick President, WVADA WVADA has been actively engaged with events this holiday season! This year’s Title and Registration Seminars drew an impressive turnout, during which we updated and educated title clerks, general managers, and F&I employees on the exciting new changes within our titling systems. These seminars would not have been possible without the invaluable support of the DMV staff and our sponsors, DDI Technology and Tyler Technologies. The shift to digital titles is here! Digital titles will expedite transactions, minimize errors, and streamline every aspect of the title process. Beginning Q1 2026, several dealerships will be piloting the Early Adopter Program (EAP) with our partners at CHAMP Titles and Tyler Technologies. WVADA will work with all parties involved to ensure the final system is built with dealer input throughout the EAP phases. West Virginia is leading the charge in this area, and dealers will have a real voice in shaping the statewide and nationwide digital titling experience. We also recently conducted our annual board retreat at Montage Palmetto Bluff in Bluffton, South Carolina. The retreat was both productive and rewarding, fostering education, collaboration and camaraderie among our members. The meaningful discussions held during this event, along with our evening gatherings, strengthened the relationships that are vital to our association’s success. I would like to extend my heartfelt gratitude to our generous sponsors — Capital Automotive, CHAMP Titles, ComplyAuto, Integrum and United Bank — for making this event possible and for their continued commitment to WVADA and our mission. You should have received your renewal notice for member dues. We are excited to announce a new association management system that will allow PRESIDENT’S MESSAGE you to easily access your account, view open invoices, add employees and utilize a member directory at your convenience. Additionally, we will be introducing educational resources for your benefit. WVADA’s general counsel, Johnnie Brown, has recorded several forums that you and your employees will be able to access for day-to-day operations and best practices guidance. With our events concluded for the year, it is time to focus and prepare for the 2026 Legislative Session. As we navigate the new administration, we anticipate a relatively quiet year ahead. I will be introducing an insurance bill during this session with the goal of creating an exemption for vehicle test drives similar to rental agreements. In the meantime, we are planning our VIP Charity Gala, “Atlantis Reimagined,” and look forward to another enjoyable evening! Don’t forget that you can now book your accommodations for the 2026 Convention at Nemacolin Woodland Resort as well. Registration and sponsorship opportunities are currently available for both events. For more information, please contact Haley Justice. Should you have any questions, please do not hesitate to reach out. Wishing everyone a merry Christmas and a happy new year. Jared Wyrick President, WVADA WVADA NEWS 6
Third Annual Board Retreat WVADA hosted its third annual board retreat at Montage Palmetto Bluff, South Carolina. We want to extend a special thank you to our guest speaker this year, Senator Rupie Phillips. We’d also like to give a big shout-out and special thank you to our sponsors, Capital Automotive, CHAMP Titles, ComplyAuto, Integrum and United Bank. Our board retreat would not be possible without their support, and we appreciate all that they do for the dealers. And last but not least, a special thank you to our dealers for taking the time to be on our board and participating. We have a great group to work with, and while we were able to have fun with each other in the evenings, we had a very informative and successful board meeting, too! WVADA NEWS 7
WVADA NEWS 8
Title and Registration Seminars We’ve had a great turnout for our Title and Registration Seminars! We traveled to Vienna, Charleston, Beckley, Wheeling, Martinsburg and Bridgeport. Thank you to everyone who came out to the seminars and to our speakers and sponsors. West Virginia is heading in the right direction and making new changes! Beckley Bridgeport Charleston Wheeling Vienna Martinsburg THANK YOU, SPONSORS WVADA NEWS 9
To download the registration form, please scan the QR code. WVADA NEWS 10
Almost Heaven West Virginia SERVICES FOR MEMBERS PROVIDED BY WV AUTOMOBILE DEALERS ASSOCIATION Member Packet Please note that WVADA recently mailed out all membership renewal packets just a few weeks ago. If you have not received your packet or invoice, kindly contact Haley at your earliest convenience. WVADA NEWS 11
Thank You 2025 Gala Sponsors and Convention Sponsors GALA SPONSORS JACKPOT United Bank ROYAL FLUSH Capital Automotive • Capital City Auto Auction Mountain State Auto Auction HIGH ROLLER Audi Charleston • CHAMP Titles • DDI • Five Star Chevrolet Ford King Cut Rate/CJ’s • Pullin, Fowler, Flanagan, Brown & Poe Toyota • Tyler Technologies HOLD’EM LOUNGE Brightline Dealer Advisors • ComplyAuto • Huntington Bank Integrum • Reynolds & Reynolds Spilman Thomas & Battle PLLC • TrueCar CARD SHARK Ally • Crystal Clean • Drive Auto WCHS • Jackson Kelly PLLC People’s Bank • Protective • Tito’s • WSAZ ACES Cox Automotive • Dealer Merchant Services • Delta Defense • EasyCare • Finance Concepts JM&A Group • Kasper Group at Morgan Stanley • Performance Brokerage Services Specialty Underwriters Group • Tetrick & Bartlett • Zurich WVADA NEWS 12
CONVENTION SPONSORS AND EXHIBITORS EXHIBITORS Ally • Brown & Brown • Capital Automotive • Carsignment ComplyAuto • CVR • DDI Technology Dealer Merchant Services (DMS) • Dominion DMS Good News Mountaineer Garage Reynolds & Reynolds • The Tag Tracker • United Bank PRESENTING SPONSOR ComplyAuto HEADLINE SPONSORS Ally • Capital Automotive • Capital City Auto Auction Mountain State Auto Action • United Bank DIAMOND SPONSORS CHAMP Titles • Dealer Merchant Services (DMS) Good News Mountaineer Garage Pullin, Fowler, Flanagan, Brown & Poe • Truist GOLD SPONSORS Cox Automotive • DDI Technology • Encova • Integrum Protective • TrueCar • Tyler Technologies • USI SILVER SPONSORS Carsignment • Cross-Sell • CVR • Dominion DMS • Jackson Kelly PLLC Reynolds & Reynolds • Spilman Thomas & Battle PLLC • WSAZ BRONZE SPONSORS ACV Auctions • Advanced DMS • Agile Auto • Brightline Dealer Advisors • Brown & Brown Empower NADA Retirement • Enterprise Mobility • People’s Bank • Schneider Downs & Co. Specialty Underwriters Group • Tetrick & Bartlett • The Tag Tracker • Zurich WVADA NEWS 13
1936: Robert Wilson 1937: M.M. Moorehead 1938: H.B. Long 1939: E.B. Hopkins 1940-41: Russell Meredith 1942-44: J.A. Thackston 1945: G.H. Brown 1946-47: Homer Charmichael 1948: Arthur Walker 1949: Richard Chittum 1950: Walter Duncan 1951: A.D. Wolfe 1952: G.C. “Red” Stollings 1953: William Wilson 1954: Paul Layman 1955: Andrew Clark 1956: Bernie Sonderman 1957: A.W. Orndorff 1958: William D. Poland 1959: O.L. Mullin 1960: Harold Hupp 1961: Jack Moses 1962: Joe B. Holland 1963: I. Wilbur Bays 1964: William Simpson 1965: William C. Turnbull, Sr. 1966: George Evans, Jr. 1967: T.A. Galyean, Sr. 1968: James E. Britt 1969: James Thomas 1970: William Robinson 1971: Dutch Miller 1972: Charles Ellison 1973: C.K. Corky Black 1974: C.W. Bill Rechter 1975: George Breckenridge 1976: Luke Gianato 1977: Verner Spohn 1978: Bert Wolfe 1979: Daniel B. Wharton, Sr. 1980: Harry L. Green, Jr. 1981: Ralph E. Hanna, Jr. 1982: Robert “Bob” Robinson 1983: Paul Cole, Jr. 1984: James Pitrolo, Jr. 1985: Larry Smith 1986: Larry LaFon 1987: Jake Rardin 1988: Marvin Ware 1989: Mike Ratz 1990: Alan Chenoweth 1991: James F. Love, III 1992: Bill Forbes 1993: Matt Miller 1994: Robert Urse 1995: Bill Talbott 1996: Ellen Parsons 1997: Robert Moses 1998: Bill Minsker 1999: Richard Stephens 2000: Mike Matheny 2001: Joey Holland 2002-03: Stephen Talbott 2004-05: Jo Marie Pitrolo 2006-07: Chuck Lewis 2008: Barbara Atkins 2009: Wally Thornhill 2010: Harry Green, III 2011-13: Dennis Sheets 2014: Tom Cole 2015: Roberta Robinson Olejasz 2016: Jack Stewart 2017: Joel Goldy 2018: Robin Blankenship 2019: Chris Miller 2020: T.R. Hathaway 2021: Roberta Olejasz 2022: Charles Rashid 2023: JR Toothman WVADA President’s Circle WVADA NEWS 14
NEMACOLIN WOODLAND RESORT WVADA 93 rd Dealer Family Convention Joint Business Sessions with Kentucky Auto Dealers Association Farmington, PA June 14 - 17, 2026 Scan for Room Reservations & Registration Scan for Sponsorship Package
What Should Dealers Know About the Tip and Overtime Deduction Provisions of the One Big Beautiful Bill Act? BY THE NUMBERS For tax years 2025-2028, the One Big Beautiful Bill Act (OBBBA) allows employees to take an above-the-line deduction on qualified tips and overtime pay. There is a lot of confusion around these provisions, creating room for misinformation and attempted manipulation of the rules. This article aims to clarify how the new law applies within dealerships and what dealers should understand about employee questions and reporting responsibilities. TIPS The Treasury Department has published a list of occupations that “customarily and regularly” receive tips. The only listed occupations which may traditionally be employed by auto dealerships are auto detailer and shuttle driver. In my experience, these employees typically do not receive tips from Steve Williams, CPA/ABV Tetrick & Bartlett PLLC customers; even if they did, they are likely not reporting those tips as compensation. OVERTIME The overtime deduction is more likely to affect dealership employees, and it may be a significant source of confusion when taxpayers file returns for the first time under OBBBA in early 2026. Many dealership employees work more than 40 hours per week, and some pay plans provide additional compensation for hours worked beyond that threshold. However, the law is explicit: If an employee is classified as exempt under the Fair Labor Standards Act (FLSA), then none of their additional compensation qualifies as deductible overtime. Exempt Employees (Not Eligible for Qualified Overtime) • Sales: Employees primarily engaged in selling automobiles and trucks. • Parts: Employees primarily engaged in requisitioning, stocking and dispensing parts. • Technicians: Employees primarily engaged in mechanical work on the vehicles. (This does not include quick lube technicians primarily performing oil changes and tire rotations.) • Service Advisors: Employees who meet with customers to discuss and arrange vehicle repairs. WVADA NEWS 16
• General and Department Managers: Employees whose primary duty is managing the enterprise or a recognized department; who direct at least two full-time employees; and who have hiring/firing authority or significant input into those decisions. • Commissioned Employees: Employees whose earnings are more than 50% commissions and whose pay rate exceeds 1.5× the applicable minimum wage in weeks where overtime is worked. Non-Exempt Employees (Eligible for Qualified Overtime) • Quick lube technicians (unless considered commissioned employees — see previous) • Detailers • Drivers • Clerical office staff • Other employees not primarily engaged in sales, parts, and service work This article is not intended to serve as a definitive FLSA classification guide. Instead, dealers should review current pay plans and identify employees who may be eligible for the new deduction to ensure accurate reporting and communication. REPORTING REQUIREMENTS The IRS has granted employers temporary relief from mandatory W-2 reporting of qualified tips and overtime for the 2025 tax year. Dealers will not be required to report this information until 2026 W-2s (filed January 2027). Dealers may choose to voluntarily report qualified overtime on 2025 W-2s — either in Box 14 or through a separate statement. Employees who need the information for their 2025 tax filings may also rely on their final year-end pay stub. For 2026, employees should review and update the revised Form W-4. Those employees who expect qualified tips or overtime may adjust their withholding accordingly. Dealers must ensure their payroll systems can accommodate the new deduction line and should consult IRS Publication 15-T for updated federal withholding tables. BOTTOM LINE While these new provisions may not significantly impact dealership operations, dealers should be prepared to answer employee questions, understand which roles may qualify, and ensure payroll and reporting processes are aligned with OBBBA requirements. Taking proactive steps now will help minimize confusion and ensure compliance when the new rules take effect. Steve Williams, CPA/ABV, is a member of Tetrick & Bartlett PLLC and has been providing accounting, tax, valuation and consulting services to automobile dealers since 2007. Tetrick & Bartlett PLLC currently serves over 50 dealers in West Virginia, Virginia, Ohio, and Pennsylvania and is a member of the AutoCPA Group, a nationwide organization of CPA firms specializing in services to automobile dealers. Steve can be reached at swilliams@tb.cpa or (304) 366-2992. WVADA NEWS 17 THANK YOU, WVADA DEALERS! Your generous support helps us support our missions to get West Virginians back on the road to independence. Good News Mountaineer Garage puts people on the road with the help of many individuals and organizations. Our model consists of accepting repairable donated vehicles which are then distributed across West Virginia to qualified families in need of transportation to work or job training. We also have a program to help individuals through the process of applying for a loan, learning about credit and purchasing a vehicle. www.goodnewsmountaineergarage.org
COUNSELOR’S CORNER What a year! We have all been focused on surviving outside forces that threaten us, such as manufacturers’ demands, data breaches, and ongoing consumer cases. However, we should never forget that one of the legal exposures to dealers comes from within, the employees. While the topics could be wide-ranging, let’s just talk about one: preventing sexual harassment. What can dealers do to prevent sexual harassment lawsuits from occurring within the workplace, and, should a claim arise, how can they properly handle claims of sexual harassment brought by employees? Generally, sexual harassment is defined as “unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature.” These requests constitute sexual harassment when submission to such conduct is made a term or condition of employment; submission to or rejection of such conduct is used as a basis for employment decisions that affect the individual; or when the acts have the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile or offensive working environment. Sexual harassment claims are categorized into two types of claims. The first is quid pro quo sexual harassment, in which a supervisor conditions an employment benefit or continued employment on the employee’s acquiescence in sexual behavior. Strict liability for the employer is associated with quid pro quo sexual harassment if a “tangible employment action” has been taken against the employee by a manager/supervisor. Tangible employment action means “a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.” If an employee does not allege that a tangible employment action took place, the employer can perhaps avoid vicarious liability if it can show that it “exercised reasonable care to prevent and correct promptly any sexually harassing behavior; and, that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.” The second type of sexual harassment liability is “hostile work environment.” This is by far the most common type of claim and is factually driven. Sexual jokes, suggestive comments, sexually derogatory comments or cartoons used by either management or any other individual entering the business environment can create a “hostile work environment.” It is very important to understand that the court’s focus is on the work environment and inappropriate actions, from any source, can create a “hostile work environment.” This can be extremely difficult to control when the source comes from the outside, such as vendors and even customers. Contrary to general understanding, sexual harassment based upon a hostile work environment claim is a term of art. A manager or employee asking someone out for a date or making a one-time offensive remark How Employers Can Protect Themselves from Sexual Harassment Lawsuits Johnnie Brown, Esq. Pullin, Fowler, Flanagan, Brown & Poe PLLC WVADA NEWS 18
is not sexual harassment. It may certainly be inappropriate work behavior, but not “sexual harassment.” The employee must show (1) the frequency of the discriminatory conduct; (2) its severity; (3) whether it is physically threatening or humiliating, or a mere offensive utterance; and (4) whether it unreasonably interferes with an employee’s work performance. In order to satisfy the four-part test set forth in Harris v. Forklift Systems, the harassment must be “severe and pervasive.” A single incident, or isolated incidents over a period of time, will not likely create a “hostile environment harassment,” but can if severe. Generally speaking, the courts will review the questionable conduct using a sliding scale; the more offensive the conduct, the less frequency is needed to create a hostile work environment. Less offensive conduct needs to occur more frequently. The timeframe in which the alleged offensive conduct occurred is also important. If the events occurred over a more extended period of time, it is less likely to create a hostile work environment. Importantly, the term “severe and pervasive” is based upon a reasonable person standard, not a sensitive person standard. A number of defenses are available to employers depending on the type of harassment alleged. If an employee unreasonably fails to use an existing harassment policy, the employer can use that as a defense to the harassment claim. Another affirmative defense is when sexual advances are welcome. Although it may be difficult to prove, courts have allowed defendant employers to ask probing questions about personal romantic relationships between the plaintiff and defendant and sometimes even other coworkers. It is also quite normal for the plaintiff to engage in joking and conduct that they now complain about. This type of evidence can influence the jury’s perception of the plaintiff, although too much of this type of evidence can leave a jury wondering what type of business you are running. In order to effectively defend claims of sexual harassment arising under a hostile work environment theory, employers can take simple steps to create a system that lessens the chance of harassing behavior occurring in the workplace and increases the likelihood of success. 1. Employers need to have an active anti-harassment policy in place. The policy should include thorough, easily understood complaint procedures. While the policy should encourage complaints in writing, the policy should not require them. 2. The policy must be effectively communicated to supervisors and employees. Every employee needs to know that the policy exists and what it says. And, the employer should establish proof that the policy has been disseminated by retaining a signed copy from each employee or emailing over the company email and keeping track of who received the policy. 3. The employer should conduct consistent sexual harassment training (at least every other year and with all new employees) in the workplace. Employees need to understand how to follow the procedures of the policy, and managers need to initiate investigations. Failure to train supervisors about how to follow procedures set forth in the sexual harassment policy can cost employers one of their most valuable defenses to sexual harassment claims. 4. If a claim of harassment does arise, it must be reasonably and promptly investigated. Individuals in charge of investigating claims need to take the claim seriously, investigate promptly and reassure the complaining employee that the procedures outlined in the harassment policy are being followed. In conducting the investigation, accurate and complete documentation is the key to success if litigation should arise. 5. If inappropriate harassment has occurred, the employer must take prompt remedial action against the individual responsible. Any action taken needs to be done with the purpose of preventing future harassment — it must be effective in stopping the harassment. Employers should be sensitive to preventing any type of retaliatory action against the complaining employee. 6. Last, monitor the situation. Monitoring includes following up with the complaining employee to determine whether the problem has been resolved or whether any other necessary action is needed; reaffirming the harassment policy with affected employees; and, perhaps, holding another training session to reinforce the policy. Again, the supervisor or human resource employee should document all occasions of re-training. It is always better to be aggressive to prevent these types of issues. Once the claim is made, the damage is done. Sexual harassment claims negatively impact morale and the overall work performance of all employees. Competing groups develop once a claim is made and the investigation begins. Alleged sexual harassment victims are quite emotional, understandably so, and can demand unwarranted disciplinary action taken against the accused employees, i.e., removal of body parts and firstborn children. It is always difficult to control these emotions through the process, and I recommend that our time and effort be spent preventing these types of claims instead of litigating them. Hopefully, with a strong sexual harassment policy, timely and consistent training, and a strong team to communicate and enforce your policies, you can significantly lessen your exposure to these types of claims and provide a great working environment for your employees. In the next article of Counselor’s Corner, we will explore whether a dealer needs a handbook and what should be included. As always, should you have any questions, please do not hesitate to contact the association; we will assist you. WVADA NEWS 19
Source: Cross-Sell Interactive New Retail Sales Only, Fleet Sales Removed Q3 '24 VS Q3 '23 -21.69% 14.31% -5.03% 3.13%% Q4 '24 VS Q4 '23 Q1 '24 VS Q1 '25 Q2 '24 VS Q2 '25 WEST VIRGINIA QUARTERLY NEW LIGHT VEHICLE REGISTRATIONS PERCENT CHANGE VS YEAR EARLIER Statewide new-vehicle registrations fell 5% in Q1 ’25 but recovered with a 3% increase in Q2. Momentum continued into Q3, where registrations rose 14%, representing one of the most significant year-over-year gains. PERCENT CHANGE IN NEW AND USED VEHICLE REGISTRATIONS Jan-Nov 2025 vs Jan-Nov 2024 DATA SOURCE: www.cross-sell.com WEST VIRGINIA AUTO OUTLOOK NEW VEHICLES ALL USED VEHICLES 3-YEAR-OLD OR NEWER USED VEHICLES 4- TO 6YEAR-OLD USED VEHICLES 7- TO 10YEAR-OLD USED VEHICLES -7.60% -5.86% -8.40% -5.28% 8.37% In-depth analysis of the current and historical trends of vehicle sales across the state of West Virginia. WEST VIRGINIA NEW LIGHT VEHICLE REGISTRATIONS 2023 - YTD 2025 2023 2024 2025** The West Virginia new vehicle market saw a generous bump in volume growing by more than 8 % compared to this time last year. The used market softened, down over 7% from 2024. 4–6-year-old vehicles experienced the steepest pullback, falling 8%+ New-vehicle registrations saw modest year-over-year growth, supported by consecutive increases in the second and third quarters. 64,785 55,057 55,527 **January 2025 - November 2025 Q3 '24 VS Q3 '25 14.49
www.cross-sell.com Source: Cross-Sell Interactive® New Retail Sales Only, Fleet Sales Removed
HIGHLY ATTENTIVE TO YOUR GOALS UNWAVERING REPRESENTATION UNPARALLELED SUPPORT STRAIGHT-FORWARD AGREEMENTS SUCCESS FEES ONLY WITH NO RETAINERS STRICT GUARDING OF CONFIDENTIALITY FAMILY-OWNED WITH FAMILY VALUES BROKERAGE SERVICES For a confidential consultation and a complimentary evaluation on your business, please contact us. California • Utah • Texas • Iowa • Illinois • Ohio • New Jersey • Alabama • Florida • North Carolina • Virginia • Alberta • Ontario Midwest Office East Mark Shackelford, Sr., Partner 330. 352. 5651 | mark@performancebrokerageservices.com Mark Shackelford, Jr., Partner 330. 634. 3825 | markjr@performancebrokerageservices.com 503 West Park Ave, Barberton, Ohio 44203 Corp: 949. 461. 1372 | performancebrokerageservices.com PIECE TO A PERFECT DEAL THE MISSING We are the trusted resource for helping dealers navigate the complex selling process, while preserving your legacy, protecting your confidentiality, and maximizing the value. Let us help you take the next step with confidence, knowing you have a partner committed to your best interests. Family-owned for over 30 years, our reputation is unmatched and built on a foundation of honesty, integrity, and ethical conduct. These core values run deep throughout our firm and are the driving force behind our continued success. We pledge to do it right, every time, one client at a time.
Meet Your New Intern HOW DEALERS CAN USE AI TODAY If you run a dealership, you’re already managing more information than most small businesses ever will. Thousands of customer records. Service histories. CRM notes. Inventory data. Emails. Ads. Phone logs. That data is supposed to make life easier, not harder. But most of it just sits there, trapped in systems, waiting for someone to read a report or run an export. Artificial intelligence changes that. It’s not a robot. It’s not magic. It’s the next evolution of how work gets done. And unlike most tech trends, this one is already in your hands. For about $20 a month, any dealer can open ChatGPT, start typing, and get real work done faster and more efficiently. No integrations. No setup. Just thinking out loud to a machine that can summarize, analyze and help you act on what matters. The question isn’t if AI fits into your store; it’s where you’ll use it first. Here are five ways any dealer can put AI to work right now. Todd Smith Founder, QoreAI 1. HANDLE THE “UNTOUCHABLE” SALESPERSON (WITH PUBLIC GPT) I built a public GPT you can use to role-play a challenging conversation with a difficult salesperson. To launch it, scan the QR code — no setup required. https://bit.ly/3Ico6Xu?r=qr If you prefer to do it yourself in ChatGPT, use this prompt to get started: “Act as a top-performing salesperson who ignores scheduling and policy rules. Help me practice this discussion as the GM. Challenge my reasoning. After the role-play, give me three notes to tighten my language and hold the line.” Save your best version. Over time, this becomes your private playbook for tough conversations. 2. GET OEM AD APPROVALS FASTER Ad rejections waste time. You send a campaign for approval, and it comes back How to use it: 1. Select the scenario prompt. 2. Enter your situation in one sentence. 3. Choose the tone you want: firm, supportive or corrective. 4. Run the role-play and ask for feedback on your wording. WVADA NEWS 23
for a single line of copy. Now you’ve lost a week of marketing time, reducing your monthly selling window. Fix it before it happens. Upload your OEM ad guidelines into ChatGPT, then paste your ad draft and prompt: “Review this ad against the OEM guidelines I uploaded. Flag any phrases or claims that could cause a rejection and show me a compliant rewrite.” You will catch issues before submission, resulting in faster turnaround, fewer revisions, and less back and forth with corporate. Bonus workflow: “Now rewrite the approved ad for Facebook primary text, a 30-second video script and a service email. Keep the same tone and claims.” That will save you hours every month. 3. REWRITE JOB POSTINGS TO ATTRACT BETTER PEOPLE Most job ads sound identical. “Busy store seeks motivated self-starter.” Boilerplate language can pull in the wrong crowd. Paste your ad into ChatGPT and prompt: “Rewrite this job ad for a high-performing service advisor who values teamwork, growth, technology and long-term opportunity. Make it clear, direct and human.” Follow with: “Give me five interview questions that test for teamwork, coachability and pride in workmanship.” You will get sharper copy and better interviews. Good people respond to clarity and growth, not boilerplate. 4. TURN REPORTS INTO LEADERSHIP TALKING POINTS (WHILE PROTECTING PRIVACY) Reports pile up. Sales. Service. CSI. Marketing. Most get skimmed, and few drive action. AI can turn those reports into insights if used correctly. First, protect customers; never upload personal information. Remove or replace anything that identifies someone: names, VINs, emails, phone numbers, addresses or proprietary data and information. Then use a structured prompt with role, context and outcome: Role: “You are a dealership performance analyst.” Context: “I am a General Manager reviewing this week’s service report. The report has RO count, total gross, effective labor rate, tech hours, and customer pay versus warranty.” Task: “Summarize for an ownership meeting. What is improving, what is slipping, and where are we leaving money on the table? Deliver five talking points I can use for a five-minute discussion.” Deepen it with: “Based on this report, list three questions I should ask my service manager, and the likely answers I should expect.” You enter the meeting prepared, focused and in control of the conversation. 5. WRITE BETTER CUSTOMER FOLLOW-UPS Customers do not want automation. They want relevance. Prompt ChatGPT: “Write a short, friendly text to a customer who has not serviced their vehicle in eight months. Keep it conversational, professional and focused on why regular maintenance protects safety and value.” You will get a few options. Pick one. Tweak it to match your tone. Send. Over time, your team will see what good follow-ups look like and become more consistent. That builds trust and retention. GUARDRAILS THAT KEEP YOU OUT OF TROUBLE • Privacy f irst. Strip names, VINs, emails and phone numbers before using AI. Replace them with placeholders. • Clarity wins. Define role, context and outcome in every prompt. Vague inputs yield vague outputs. • Save what works. Keep a shared folder of proven prompts for your managers. Standardize and improve them over time. • Humans in the loop. Treat AI as a coach and editor. Your people make the final call. THE TAKEAWAY AI will not replace your people. It removes friction. It clears the noise so leaders can lead and teams can execute. If you can type an email, you can use AI. Start small. Use the QR code on the previous page to run the role-play GPT today. Pick one more idea from this article and test it this week. The dealerships that treat AI as a teammate will work more efficiently, think more clearly and win more often. The smartest hire you make this year might not need a desk at all. Todd Smith is the founder of QoreAI, a data intelligence company that helps dealerships turn information into profit. He has more than 25 years in automotive retail and technology, focusing on practical, no-fluff ways dealers can use AI to gain an advantage. WVADA NEWS 24
Fisher Phillips The trend for workers to hide their time off from their managers — known as “quiet vacationing” — has taken a sharp turn. Employees are now “loud vacationing” by openly sharing their travel plans and using their paid time off (PTO) without hesitation. While this should be a welcome shift for employers, it also highlights the importance of creating supportive policies that balance employee well-being with workplace productivity. How can you help your employees and your business thrive this summer and beyond? Here are seven tips to help you refresh your PTO policies. 1. START BY REVIEWING THE LATEST EMPLOYEE TRENDS Here’s why you should consider revisiting your organization’s approach to PTO and start encouraging loud vacationing: • 85% of employees believe that vacations boost their happiness.1 • 46% don’t use all their allotted PTO in a year.2 • 47% feel guilty about taking a vacation.3 • 68% say they work during vacation.3 2. CREATE A PLAN TO REVAMP YOUR PTO PROGRAM There’s no one-size-fits-all PTO plan, and your policies will depend on the unique needs of your business. However, as you consider updating and modernizing your program, you can start by asking yourself the following questions: • How do your PTO policies stack up against offerings from your competitors and other businesses in your area? • Are you providing enough time off each year for employees to disconnect as needed? • Do you have an adequate system for tracking and approving PTO use? • Do you have clear procedures for handling requests at popular times or during your busy season? • Have you asked employees for feedback about their experience requesting or using PTO? • Have you identified any patterns of underuse organization-wide or in particular departments? • Do you have a legally compliant cap on accrual of paid time off or a legally compliant PTO policy? • Do your policies comply with all applicable federal, state and local leave laws? 3. CONSIDER DIFFERENT TYPES OF PTO MODELS To embrace loud vacationing, you may need to think outside the box. But first, let’s talk about unlimited PTO models, which have become popular in recent years. Under these plans, employees don’t have a set number of PTO days, accruals or caps. Instead, they request paid time off as needed or desired, and managers use their discretion to approve or deny such requests. These policies place no cap on the amount of time an employee can take off. WVADA NEWS 25
The benefits of an unlimited PTO policy include: • More flexibility for employees to take the time they need, when they need it, rather than waiting for PTO to accrue. • May be a good recruiting and retention tool, as it promotes autonomy over the employees’ own work-life balance. • May avoid employee burnout. • Reduced administrative costs for employers in tracking PTO. • Cost savings, as in some states there is no need to pay out unused PTO days at the end of the employment relationship if the employer truly has an unlimited PTO policy. But watch out for these potential pitfalls of unlimited PTO policies: • You may have employees who prefer to “earn” accruals rather than use their discretion in taking time off. • Some employees may request less time than they need, while others may request excessive time off. • Managers may not apply and enforce policies consistently, which could lower morale or lead to discrimination claims. • Although the purpose of a vacation allowance is to encourage employees to disconnect and recharge, they may be frustrated if they can’t cash out unused vacation time upon separation — especially if your old policy allowed it or state law requires you to pay out accrued vacation at termination. • Combining vacation and sick time off may run afoul of various state and local sick leave laws. • Some states may still classify unlimited PTO as “earned wages” depending on how the policy is structured and applied — so check with your attorney on the legal nuances for your locations. Scan the QR code to read more. https://www.fisherphillips.com/en/news-insights/ unlimited-pto-great-resignation-concerns-practicaltips-policy.html To address some of the concerns with unlimited vacation programs, some employers are setting “minimum PTO” or “mandatory vacation” policies – meaning they require employees to take at least a certain amount of time off a year. The benefits of this type of policy include: • Helping prevent burnout and encouraging better work-life balance by ensuring employees take breaks from work. • Helping managers plan for absences and schedule work assignments accordingly. • May be a good recruiting and retention tool. • You can be flexible in your approach. For example, an unlimited policy can be combined with a minimum requirement to reap the benefits of an unlimited PTO plan and address some of the pitfalls (like the fear of taking time off that’s not “earned”). You can also combine minimum PTO with accruals or other policies that provide a set number of earned vacation time per year to avoid high cash-outs or rollovers at the end of the year if offered by your company or required in your jurisdiction. However, be vigilant of state-specific requirements. • You can still award employees with extra time off based on tenure, for example, by raising the minimum for employees with seniority. A word of caution: You’ll want to ensure your written policy is developed and implemented carefully so that the minimum doesn’t unintentionally become the maximum. We’ll discuss corporate culture in more detail next. 4. WORK WITH EMPLOYEES TO REDUCE ANXIETY According to Glassdoor’s research, 77% of employees feel anxious about the workload they’ll face when they return from vacation. You can help assuage their fears by: • Scheduling a 1:1 meeting prior to their vacation to go over any projects or tasks that will need to be reassigned to other employees during their absence. • Encouraging them to truly disconnect while on vacation and reassuring them that you have an adequate work-coverage plan in place. • Following up when they return to work to help prioritize tasks and manage their workload. • Offering words of encouragement to enjoy their time off and welcoming them back when they return. 5. CREATE METRICS FOR MANAGERS You’ll certainly want to train your managers on your PTO philosophy and policies. But you can go a step further in the spirit of loud vacationing by developing performance metrics for managers based on time-off objectives for their teams. Consider doing the following: • Analyze team PTO use to ensure sufficient time is being taken by all employees. • Address patterns of underuse. Is the manager discouraging vacation use, or are employees hesitant to take time off for some reason? Get to the root of the issue. • Assess whether PTO is being approved and used equitably across the team. If not, find out why and address any disparities. • Ask employees for feedback. You can periodically survey employees to find out what is and isn’t working for them. Just remember that if you ask employees for their input, it’s important to follow up and address their concerns. 6. DON’T FORGET THE LEGAL STUFF • Ensure your PTO policies align with all applicable federal, state and local leave laws — including paid family leave, paid sick leave and accrual requirements. Note that some states have banned “use-it-or-lose-it” PTO policies or require employers to pay out accrued but unused PTO at the end of employment. • Employers with multiple locations may need to make jurisdiction-specific adjustments. WVADA NEWS 26
CONCLUSION Fisher Phillips will continue to monitor developments in this area and provide updates as warranted, so scan the QR code to subscribe to Fisher Phillips’ Insight System and get the most up-to-date information. For further information, contact your Fisher Phillips attorney. https://www.fisherphillips.com/ en/Subscribe.html • Be sure to create a clear and objective process for approving or denying vacation requests, whether based on performance issues, busy seasons or seniority during popular vacation times. • Document your legitimate business reasons for denying requests. Make sure decisions are made consistently and fairly to reduce the risk of discrimination claims. Consult with legal counsel, if needed, to ensure the denial doesn’t interfere with protected leave. • Train managers on PTO policies and basic leave-law compliance and let them know who to contact on your HR or legal team when issues arise. 7. LEAD BY EXAMPLE We’ll end with one of the most important aspects of a thriving workplace culture: Remember that your senior leadership team sets the tone for the entire organization. To embrace loud vacationing, your leaders must prioritize and value their own time away from work — and they should let your employees know about it. To set the tone, think about taking these actions: • Encourage senior leaders and all managers to mention in their internal out-of-office message that they are on vacation and disconnecting while away. Be sure they designate a point person for critical issues in their absence. • Talk about PTO in team meetings. Give space for employees to share their vacation plans or post-vacation stories — but also be sure to respect their privacy. • Create a space on your internal portal or team site where employees can voluntarily share their vacation photos. (You can designate someone in HR to upload submissions and ensure professionalism.) Sources 1 https://www.empower.com/the-currency/work/ pursuit-of-pto-research 2 https://www.pewresearch.org/shortreads/2023/08/10/more-than-4-in-10-u-s-workersdont-take-all-their-paid-time-off/ 3 https://www.glassdoor.com/blog/why-employeesdread-returning-to-work-after-pto/ WVADA NEWS 27 Learn more at BankWithUnited.com Member FDIC / Subject to credit and underwriting approval. United Bank specializes in tailoring a combination of financial products and auto-dealer services to best meet the specific needs and goals of your automotive dealership. Floor Plan Line of Credit Term Financing Indirect Financing Cash Management Services GET MORE BANK FOR YOUR DEALERSHIP
COMMUNITY In the JOE HOLLAND CHEVROLET HYUNDAI VOLKSWAGEN & PREOWNED In October, Joe Holland Chevrolet Hyundai Volkswagen & Preowned donated 20% of car wash proceeds to the Maddox Potter Foundation. The foundation helps children and their families who face childhood cancer. WEIMER HYUNDAI OF MORGANTOWN A little paint, a lot of heart and endless hope. Our friends at Weimer Hyundai of Morgantown brought a burst of color and joy to WVU Medicine Children’s — transforming a Hyundai Hope on Wheels car into a canvas of courage! ASTORG AUTO OF CHARLESTON Rolling with the Mad Dog Mafia this past October, Astorg Auto of Charleston was proud to support the Maddox Potter Foundation and George Washington High School Football. This is what community is all about. That sea of gold was unforgettable. FREEDOM KIA A big thanks to Homestead Farm Center and Ann Burns for everything they do for the community! Freedom Kia was proud to support the incredible work with a contribution to help further their mission to make a positive impact! WVADA NEWS 29
CMA’S CHEVROLET OF MARTINSBURG During Childhood Cancer Awareness Month this past September, CMA’s Chevrolet of Martinsburg proudly donated a portion of the profits from their vehicle sales to the WVU Hospitals East Foundation in support of pediatric cancer. MOSES HONDA VOLKSWAGEN Congratulations to Ryan Cox! He is the lucky winner of the Nintendo Switch 2 Bundle from the Moses Mile Trunk or Treat giveaway! ASTORG AUTO OF CHARLESTON The Astorg Auto of Charleston team proudly wore pink this October in support of Breast Cancer Awareness Month. BILL COLE AUTOMALL — BLUEFIELD The team at Bill Cole Automall — Bluefield dressed up and had a spooky showdown with an epic costume contest. CMA’S CHEVROLET OF MARTINSBURG The 4th Annual Trunk or Treat at CMA’s Chevrolet of Martinsburg was a hit! The community turned out, and everyone had an amazing time. WVADA NEWS 30
L&S TOYOTA Shawn Ball and L&S Toyota once again teamed up with the United Way, the Larry Pack Foundation and Marshall University to help children in need. THORNHILL GM SUPERSTORE Logan Regional Medical Center’s Mammography Department was at Thornhill GM Superstore in October. Customers were invited to grab a plate of food and take a test drive to help raise money for the Logan Regional Cancer Center. For every test drive, a $25 donation was given. TOOTHMAN FORD The team at Toothman Ford supported Breast Cancer Awareness with their Pink Power Wall — for every signature, $10 was given to the Betty Puskar Breast Care Center. BLACK BEAR CHRYSLER DODGE JEEP RAM Black Bear Chrysler Dodge Jeep Ram is now a certified drop-off location for Pet Helpers. Customers can now check out the vehicles and donate to a terrific organization. Way to help our furry friends! WVADA NEWS 31
H & M MOTOR CHRYSLER DODGE RAM FIAT H & M Motor Chrysler Dodge Ram FIAT celebrated its 9th Annual Trunk or Treat with the help of many community vendors. The community turnout was terrific, and everyone had a good time. BILL COLE AUTOMALL — BLUEFIELD Bill Cole Automall and friends from Imagination Station teamed up for some Halloween fun — let’s say the candy didn’t last long! TIMBROOK CHEVROLET The team at Timbrook Chevrolet teamed up once again with the Children’s Home Society in Romney. For every car sold, Timbrook Chevrolet donated to help support children and families in the community! ASTORG AUTO OF CHARLESTON Astorg Auto of Charleston was proud to sponsor Par Tee on Broadway, the annual fundraising event for the Clubs in Hands Campaign supporting First Tee — West Virginia. WVADA NEWS 32
WVADA Preferred Partner Programs are designed to meet the needs of our members while providing competitive pricing. Supporting our Preferred Partners benefits YOUR association and helps maintain low dues for our membership. WVADA works for West Virginia Dealers, buying from our Preferred Partners is like buying from yourself. PREFERRED PARTNER PROGRAMS Heritage Crystal Clean provides its customers with parts cleaners, parts washers, drum waste management, oil collection, oil re-refining, vacuum services, parts cleaning solvent as well as other products and services pertaining to the environmental services market. Capital Automotive represents best-in-class F&I solutions that strengthen the bond between dealers and their customers. Through our comprehensive portfolio — including vehicle service contracts, limited warranties, theft prevention products, GAP, maintenance programs, a full complement of ancillary products and more — we help dealerships build lasting relationships based on value and mutual reward. Our solutions and training drive profitability while enhancing customer loyalty. ComplyAuto LLC is a RegTech company offering cloud-based software that helps dealerships enhance their compliance capabilities while becoming more efficient and cost-effective. ComplyAuto uses data analytics and AI to provide real-time automated compliance decisions, performing tasks that would normally require manually intensive processes and human intelligence. Cross-Sell has developed the ability to instantly email reports after the data is processed each month and has also created an online interface that allows you to analyze, filter, print and download the specific data or reports that you need. We are a “dealer first” business focused on helping our partners find their best path to success, plan for the future and achieve real results. There’s a reason why we’ve been trusted for over 40 years by dealers across the country. We’re proud of the relationships we’ve built with each and every one. The Accelerated Title program offers faster payoff, as fast as 4-6 days, by turning a traditionally manual process electronic. Accelerated Title now uses over 81 lenders and is still growing! The NADA Retirement Program from Empower Retirement focuses on optimizing participant outcomes through innovative 401(k) plan design. With over 75 years of automotive experience, Dealer Merchant Services has a proprietary solution to help dealers save up to 75% of their credit card processing fees without disrupting CSI. We feature the industry’s only Retail Management System to help you manage every area in your dealership. Whether it’s online interactions, selling and servicing vehicles or managing the business, we’ve got you covered. Integrum Advisors provides one-stop, strategic enterprise solutions that make it easy to take care of your people. As full‑service consultants, Integrum Advisors delivers complete peace of mind to every client. USI’s dedicated team designs comprehensive programs that include coverage not only for physical damage for your inventory but also theft, false pretense, collisions and more to safeguard your dealership. They also provide loss control services to evaluate your potential threats before they occur and access to online training courses to help reduce workplace incidents. Tyler’s broad solution and product offering empowers you to deliver better and faster assistance to the public — greater transparency and accessibility, sustainable office practices, secure data that’s easy to manage and maintain, and faster results. ACCELERATED TITLE Contact WVADA today to learn more about our preferred partners at hjustice@wvcar.com or (304) 343-4158. WVADA NEWS 33
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