Most open enrollment periods for benefits programs happen in the fall so use the summer months to get a head start. After researching what health care reform requirements will impact you, schedule a meeting with your insurance broker. Draw on the agent’s expertise to walk through your benefits plans, plan by plan, and make changes where necessary (such as to the dependent age coverage limitations, which are increasing to age 26). Be sure that the broker and insurance carrier work together to present you with revised plan documents, as necessary. KPA offers a free webinar and white paper on How Healthcare Reform Impacts Dealerships.
Posts Tagged ‘compliance tip of the month’
Meet with your Insurance Broker to Update Benefit Plans Before Fall Enrollment
Thursday, July 1st, 2010Check your air conditioning service certificates
Tuesday, June 1st, 2010With the summer approaching and temperatures rising, EPA representatives have been visiting dealerships asking to see training certification records for air conditioning service technicians. Those unable to produce their records are facing stiff fines. In brief, a dealership should take ca
re of the following tasks:
- Technician Training and Certification: Ensure all dealership air conditioning service technicians have successfully completed EPA approved training on refrigerant recovery, and that each holds a uniquely numbered proof of certification.
- Training Records: Retain on-site a record of all certified air conditioning service technicians if you own refrigerant recycling/recovery equipment.
- Equipment Certification: Certify in writing to U.S. EPA that the dealership has acquired (and is properly using) approved recovery/recycling equipment, and that each individual authorized to use the equipment has been properly trained.
Hire with the HIRE Act
Saturday, May 1st, 2010Save money when hiring with the HIRE ACT and other tax credits. If you hire a new employee who has worked less than 40 hours in the past 60 days you, the employer, will immediately improve your cash flow since you will retain the employer portion of the Social Security tax ordinarily remitted. In addition you will receive up $1,000 tax credit for each previously unemployed worker you hire. The HIRE ACT tax incentives and credits are in addition to WOTC (Work Opportunity Tax Credits) and state hiring incentive credits.
Yet another discrimination settlement with a dealership, but this time for disability discrimination.
Monday, March 8th, 2010The number of lawsuits, claims and settlements’ involving dealerships and the EEOC continues to grow in 2010. Beyond gender and age discrimination employees must also ensure that they do not discriminate against individuals with real or perceived disabilities. Just this month a dealership in Hawaii settled a claim that included a $32,500 payment to a job applicant and a three year consent decree to remedy alleged disability discrimination. The consent decree requires that the dealership implement an internal policy, procedures and staff training to safeguard against disability discrimination. The car dealership must also submit annual reports to the EEOC to track future complaints of disability bias and requests for disability-related accommodations during the hiring process.
In its lawsuit (EEOC v. Valley Isle Motors, Ltd., Case No. CV09-0053 HG KSC), the EEOC asserted that the car dealership reneged on an offer to hire a job applicant as a salesperson only after a urine test revealed he was taking prescribed medication. Valley Isle Motors then erroneously perceived the applicant as too disabled to do the job despite normal medical test results and medical authorization to the contrary, the EEOC said. The EEOC press release quoted Anna Y. Parks, regional attorney for the EEOC’s Los Angeles District Office. “Employers cannot make assumptions about a prospective employee’s ability to work… the ADA expressly prohibits that stereotypes of this nature weigh into the decision to hire or deny hire to an individual.” Timothy Riera, director of the EEOC’s Honolulu Local Office, added “Employers should heed the lesson learned by Valley Isle Motors and be mindful to judge a candidate by his or her qualifications, not some ill-informed presumption. Communication with prospective employees is the key in determining whether one’s actual or perceived condition will interfere with work. Businesses should take advantage of appropriate training opportunities that are available to learn how to appropriately engage in that interactive process.”
The bottom line is that employers cannot make an assumption about the candidate’s ability to perform the work and must make certain that all hiring practices are in accordance with the Americans with Disabilities Act. Here are five simple steps that will help toward ensuring that you are not discriminatory toward individuals with real or perceived disabilities.
1) Have a clear, complete and detailed job description for every position so that you can objectively judge a candidate’s ability to do the job against the actual requirements.
2) Confirm with a medical expert that the applicant can do the job with reasonable accommodations or that the perceived disability is even real. A medical exam may be necessary and your expert should have experience in Occupational or Workplace Health.
3) Consider that individuals with disabilities often make high quality and loyal employees. Tax credits may be available to assist companies with making reasonable accommodation and for hiring individuals with disabilities.
4) Take advantage of the tools and training available through your state or federal office of the Department of Labor including the excellent information on the EEOC website. http://www.eeoc.gov/laws/types/disability.cfm
5) Consult with qualified legal hiring prior to not hiring any individual with a disability.
Secure Oil Distribution Pumps Daily to Avoid Slippery Situations
Monday, March 1st, 2010
Recently a dealership experienced a 500-gallon release of new lube oil when overnight one of the overhead lube oil distribution lines sprang a leak. The air powered pump at the oil tank detected a pressure drop and fired off. With no one around to see the oil spewing out of the broken line, it kept operating until the entire contents of the tank had been pumped out onto the shop floor, creating a tremendous mess. Many dealerships fail to secure the supply of compressed air to these pumps at the end of each workday. Thus any pipeline failure could result in a similar incident.
If your dealership operates these air driven oil distribution pumps it is important to ensure that, after hours, the supply of compressed air to these pumps is secured. A common way to achieve this is to shut off power to your air compressor and bleed your air lines. You may have other procedures that would work as well but the key is having an employee in charge of the process every day.
Tip of the Month: Simple Four Step Plan to Reduce Employment Litigation Risks
Monday, February 1st, 2010Employment litigation and high dollar settlements are on the rise in dealerships. With the past 60 days alone a dealerships Colorado paid over$ 1.5M , an Ohio dealership paid over $80,000 and a dealership in Georgia will pay $140,000 to settle claims of race, age and gender discrimination. Consider taking these four simple steps to ensure your dealership is not next in line to pay a high cost employment litigation settlement.
1) Understand the law and your responsibilities as an employer. KPA offers free webinars on employment law and best practices presented by leading attorneys and HR professionals .
2) Establish legally appropriate policies and training for all employees. Make sure you keep complete and accurate record.
3) Invest in HR Management software to automate and force compliance in the hiring, employee management and termination process.
4) Purchase EPLI (Employment Practices Litigation Insurance) coverage for your dealership.
Tip of the month: check if you meet the new SPCC rule compliance dates
Friday, January 1st, 2010Self Certification An Option Starting January 14th 2010
After an 11 month delay for additional public comment the EPA has finalized the December 2008 amendments to the Spill Control and Countermeasures Plan (SPCC) rules. If you recall, last year’s amendments were to reduce some of the regulatory burden on smaller oil handling facilities such as yours. As it turns out, the changes resulting from the extended public comment period have not had any impact on the amendments in your business sector. As with the previous rules if your facility has an aggregate storage capacity of over 1,320 gallons (including 55 gallon drums) of petroleum products, these amendments will affect your facility.
For more information about this upcoming rule change, read more in our January newsletter or join our SPPC webinar on January 14.