june 2015

IN THIS ISSUE:3 Observations from the Field4 Association News5 NEDA - June Specials6 OSHA's New Hazard Communication Pictograms7 Tractor Safety Program Reaches Milestone in Pennsylvania8 Create Your Own Economy10 Dealer Financing Documents

12 Let's Get Proactive conclusion14 Farm Equipment Software16-18 Human Resources20 Customer Data and Privacy21 Making Personnel Files Your Best Friend22 Dress Codes Sample Policy24 Affordable Care Act Information25 Pregnancy In The Workplace26 Equipment Industry News

ADVERTISERS:2 Haylor, Freyer & Coon

9 Electronic Merchant Systems

13 BallastStar

13 PartnerShip

15 Fastline Publications

19 RCI Safety

27 Federated Insurance

DEALER Northeast

The Newsletter of NoRThEAsT EquipmENT DEALERs AssociATioN, iNc.jUNE 2015 c Vol. 17, No. 195www.ne-equip.com

NEDA Salutes our Supporting Advertisers. It is our pleasure to list the names of those advertisers who support NE Dealer each month. We trust their advertisement will be remembered when goods and services are required by you, our dealer members. It is good to do business with companies who are interested in doing business with you and your industry association.

The workplace safety and OSHA compliance assessment will be conducted by a qualified and experienced safety professional. The assessment will include several elements including a review of existing policies and procedures, a two hour employee safety orientation meeting, training on the new Globally Harmonized System (GHS), and a mock OSHA inspection. In addition, the facility will receive an Injury and Illness Prevention Plan, safety talks, and program specific procedures that can be used to enhance your existing safety management system. The workplace will be assessed to OSHAs General Industry standards (29 CFR 1910). To schedule an appointment or to get more information on this new program, call Dave Close at 800-932-0607. (See related story on page 6.)

If you have not joined, you owe it to your business to get the details of this program.

up to 25%. 25% each .

Members of the Safety Group are eligible to receive a potential dividend each year

Call Darwin Allen, Vice President Haylor, Freyer & Coon, Inc.

800-289-1503 or email [email protected]

Haylor, Freyer & Inc. COMPANIES

&NEDA Now Offering Workplace Safety

OSHA ComplianceAssessment

Northeast Dealer | JUNE 2015 3

This publication is designed to provide accurate and authoritative information in regard to the subject matter co v ered. It is furnished with the understanding that the Northeast Equipment Dealers Association, Inc., the publisher, is not engaged in rendering legal, accounting or other professional service. Changes in the law duly render the information in this pub-lication invalid. Legal or other expert advice should be obtained from a competent professional. Some of the editorial material is copyrighted and may be reproduced only when permission is obtained from the publisher and the association.

Board of DirectorsOfficers

JOhn e. KOMArisKY, President / Past Pres. 2012Main & Pinckney Equip Inc. / Auburn, NY315-253-6269 - FAX 315-253-5110New Holland, Simplicity, Brillion, Bush Hog [email protected]

JOsh AheArn, First Vice President / Treasurer /NAEDA OPE Dealer CouncilAhearn Equipment, Inc. / Spencer, MA508-885-7085 Fax: 508-885-7261Kubota, Cub Cadet, Stihl, NAPA [email protected]

rOBerT sPOhn, Second Vice President / Past President - 2005Sharon Springs Garage / Sharon Springs, NY518-284-2346 Fax: 518-284-2774AGCO, White, Hesston, Gehl, Kubota, Allis, [email protected]

eD hines, Immediate Past President 2014, 2001Hines Equipment / Cresson, PA814-886-4183 Fax: 814-886-8872Case IH, Gehl, New Idea, Cub [email protected]

BriAn cArPenTer, NAEDA DirectorChamplain Valley Equipment / Middlebury, VT802-388-4967 Fax: 802-388-9656New Holland, Case IH, Kubota, [email protected]

rALPh GAiss, CEO and Executive Vice Pres.800-932-0607, Ext. [email protected]

DirecTOrs

scOTT BAir, Director ElectMountain View Equipment, Inc. / Plattsburgh, NY518-561-3682 Fax: 518-561-3724John Deere AG/CCE, Claas, Kuhn Knight, Kverneland, Stihl, Husqvarna, Frontier, Servis, [email protected]

BrAD hersheYHoober, Inc. / McAlisterville, PA717-463-2191Case IH, JCB, [email protected]

nATe shATTUcK, Past President - 2010Devon Lane Farm Supply, Inc. / Belchertown, MA413-323-6336 Fax: 413-323-5080Yanmar, Landini, Monosem, Ferris, Simplicity, Stihl, [email protected]

scOT L. sTAnTOn, Past President - 2003Stanton Equipment Inc. / East Windsor, CT860-623-8296 Fax: 860-627-9832John Deere Ag., Knight, Athens, [email protected]

WenDeLL WALLDrOff, Past President - 2002Walldroff Farm Equip., Inc. / Watertown, NY315-788-1115 Fax: 315-782-4852New Holland, Hesston, Woods, White-New Idea, AGCO, [email protected]

DAviD WArner, will be completing Jeff Bull's termWarner Tractor & Equipment Inc., Troy, PA570-297-2141Case, Case/IH, Takeuchi, LinkBelt, LandPride, Agr. & Construction [email protected]

NorthEast EqUipmENtDEalErs associatioN

128 Metropolitan Park Drive Liverpool, NY 13088 800-932-0607 www.ne-equip.com

Corn and soybean planted acreage con-tinues to run on par or higher than the same time last year with predictions that the total acreage planted will ultimately be lower. Predictions from the USDA and the trade dont seem to agree how much lower the total will be. While livestock farmers contin-ue to enjoy lower feed prices, dairy producers and row crop producers are challenged with generally lower prices and increased over head. While I dont think most of our northeast

producers are as financially stressed as some of their counterparts in the west and mid-west, I am convinced that dealers, particularly those pur-chasing used equipment from the over populated markets, might con-sider making every effort to ensure that the equipment theyve traded for is free from liens. I have heard that at least one mid-west dealer has had to settle up with a local bank after a customer of theirs failed to meet his obligations. Those dealers interested in finding out how they can cost effectively protect themselves should contact our Operations Manager Dave Close @ [email protected]. Several dealers have told me that they continue to be challenged both in selling new product against and in buying trade equipment (at the right price) as a result of the excess used inventory. Last month I talked about the role quality customer data plays and its impact on a dealers market share performance; although I mentioned the need to docu-ment changes in a customers equipment inventory, I failed to specifically include purchase of current used equipment in the criteria. Knowing who purchased Combines, High Horsepower Tractors, Harvesters and Sprayers, new or used in your market will make those periodic market share discussions with your manufacturers a bit easier! We continue to receive questions related to Dot enforcement, Fmcsa driver qualifications and record keeping requirements. Link to the FMCSA laws regulations and other DOT related laws can be found on the association website @ http://www.ne-equip.org/members/federal-laws/. Two question specifically asked recently were What are the dealerships record keeping requirements? and What are the mini-mum Driver Qualifications?

Dq file contents The following documents are to be included in a DQ file for each regularly employed driver: Application-391.21 Motorvehiclerecord(MVR)-391.23 Roadtestformandcertificateorlicense-391.31(g)/391.33 Medicalexamcertificate-391.41

continued on page 4

Observationsfrom the FIELD

Tim WentzField Director717.576.6794

4 Committed to Building the Best Business Environment for the Northeast Equipment Dealer

Observationscontinued from page 3

annual Motorvehiclerecord-391.25 Reviewofdrivingrecord-391.25 Annuallistofviolations-391.27 Waiverofaphysicaldisqualification(casebycase) LongerCombinationVehicle(LCV)Certificate Entry-leveldrivertrainingcertificate

Driver qualifications Mustbeatleast21yearsold; CanreadandspeaktheEnglishlanguagewellenoughtodothejob Cansafelyoperatethemotorvehiclehe/shewillbedriving; IsphysicallyqualifiedtooperatetheCMV Has a currently valid motor vehicle operators license or CDL when required Hasprovidedalistofviolations Isnotdisqualifiedtooperateamotorvehicle Hassuccessfullycompletedaroadtestorequivalent Requesta3-yeardriving recordandcheckwith thedriversprevious employers

Be advised! Under the FCRA, employers are required to follow specific procedures when they use consumer reporting agencies to obtain consumer reports or investigative consumer reports on employees and / or job appli-cants for employment purposes. Covered reports can include credit checks, motor vehicle records and driving history and criminal background informa-tion, and different types of information.

rEap the benefits of membership your proFits will follow!

NEW MEMBERKLEMS117 W. Main Street, Spencer, MA 01562508-885-2708 Fax 508-885-7897Jessica Bettencourt, Ownerwww.klemsonline.com e-mail: [email protected] Carried: New Holland, Mahindra, Husqvarna, Cub Cadet

Join us in welcoming our new member to NEDA.


Northeast Equipment Dealers Association Serving Farm, Industrial & Outdoor Power Equipment Dealers Since 1901

OVERSTOCK SALE

***JUNE***

4 Spot Light 4 Square Light 12v; 55-watt 12v; 55-watt Rubber housing High Performance H3 halogen bulb H3 halogen bulb

S451 S722

These items will be discontinued when sold out! S451 S722 Regular Price: $ 8.46 Regular Price: $12.39 Special Price: $ 6.77 Special Price: $ 9.92 Retail Price: $11.67 Retail Price: $17.10 Case Pack: 24 Case Pack: 24

Order Form Item # Qty. Cost Ea. Total Dealership Name: __________________________ S451 _______ $6.77 __________ Shipping Address: __________________________ S722 ______ $9.92 __________ City, State, and Zip: ____________________________ SUB TOTAL ________ Terms: NET 30 DAYS TO APPROVED MEMBERS (If not for resale) TAX ________ Freight: PREPAID FREIGHT ON CASE QUANTITIES SHIPPING _________ TOTAL _________ Payment Method (Prepayment is required) Check Enclosed (Payable to NEDA) __________ Credit Card (VISA or MC) Acct # ____________________________________ Exp. Date: ___________ (Circle One) Cardholder Name: _____________________________ Signature: _______________________________

128 Metropolitan Park Drive, Liverpool, New York 13088 PO Box 3470, Syracuse, New York 13220 800-932-0607 / 315-457-0314 Fax: 315-451-3548 Website: www.ne-equip.com

OFFER EXPIRES June 30, 2015


As of June 1, 2015, the HazardCommunication Standard will require pictograms on labels to alert users of the chemical hazards to which they may be exposed.Eachpictogramconsistsofasymbolon a white background framed within a red border and represents a distinct hazard(s). The pictogram on the label is determined by the chemical hazard classification. Be sure your employees are trained on these new pictograms and other GHS label elements. If you have questions, please go to: h t tps : / /www.osha .gov /Pub l i ca t ions /OSHA3491QuickCardPictogram.pdf.

OSHA

As of June 1, 2015, the Hazard Communication Standard (HCS) will require pictograms on labels to alert users of the chemical hazards to which they may be exposed. Each pictogram consists of a symbol on a white background framed within a red border and represents a distinct hazard(s). The pictogram on the label is determined by the chemical hazard classification.

For more information:

Hazard Communication Standard Pictogram

OS

HA

349

1-02

201

2

Gases Under Pressure Skin Corrosion/ Burns Eye Damage Corrosive to Metals

Explosives Self-Reactives Organic Peroxides

Health Hazard Flame Exclamation Mark

Carcinogen Mutagenicity Reproductive Toxicity Respiratory Sensitizer Target Organ Toxicity Aspiration Toxicity

Oxidizers

Gas Cylinder Corrosion Exploding Bomb

Flame Over Circle Environment Skull (Non-Mandatory) and Crossbones

Flammables Pyrophorics Self-Heating Emits Flammable Gas Self-Reactives Organic Peroxides

Irritant (skin and eye) Skin Sensitizer Acute Toxicity (harmful) Narcotic Effects Respiratory Tract Irritant Hazardous to Ozone Layer (Non-Mandatory)

Aquatic Toxicity Acute Toxicity (fatal or toxic)

HCS Pictograms and Hazards

U.S. Department of Laborwww.osha.gov (800) 321-OSHA (6742)

QUICK CARDTM

osha's New hazard communication pictograms

This is a complete list of all First Aid Treatments.

Any other treatment would be considered Medical Treatment, and thusOSHA Recordable.

Non-prescription medication Tetanus immunizations Cleaning,flushing,soakingwounds Wound coverings Hotorcoldtherapy Non-rigid supports Temporaryimmobilizationdevices Drillingfingernailsandtoenails Eyepatches Simple removal of foreignbodies fromtheeye Simple removal of splinters Finger guards Massages Drinkingfluids forheatstress


tractor saFEty program rEachEs milEstoNE iN

pENNsylVaNia A program designed to reduce tractor-related farm injuries and deaths by helping farmers pay for the installation of rollover protective structures, or ROPS, recently reached a milestone in Pennsylvania.

Administered by Penn State Extension, the ROPS RetrofitProgram for Pennsylvania Farmers funded the installation of the 100th ROPS since the initiative began in 2011. Dennis Murphy, Nationwide Insurance Professor in the College of Agricultural Sciences, visited the farm of Karl Hertzler, of Middleburg, Snyder County, to present a check as partial reimbursement for equipping Hertzler's 1970 John Deere 4020with a roll bar, representing the program's 100th installation. "Rollover protective structures, when combined with seatbelt use, can almost entirely prevent deaths and serious injuries from tractor overturns," said Murphy, who oversees Penn State Extensionagricultural safety and health programs. "Although there's still

much work to do in equipping older tractors in Pennsylvania with this important safety feature, we're pleased that operators of these first 100 tractors are safer as a result of this program." Statistics on farm injuries and fatalities illustrate the need for ROPS on tractors, Murphy noted. "Farming is among the most dangerous occupations in the United States, with a fatality rate that is 800 percent higher than the average American worker," he said. "Tractors are the leading cause of deaths on the farm, and the most frequent cause of tractor-related deaths is side and rear overturns." For instance, he explained, of the 37 farm fatalities in Pennsylvania in 2013, 15 weretractor-related, and 10 of those involved a rollover. "Because of our rolling terrain, farmers in the Northeast experience the highest rates of overturn death," he said. Moreover, 80 percent of rollover deaths happen to experienced farmers, and seven out of 10 farms that suffer a tractor overturn fatality will go out of business within a year. In addition, one in seven farmers involved in a tractor overturn is permanently disabled. The ROPS Retrofit Program, which also operates in five other states in the Northeast, will rebate 70 percent of the cost of purchasing and installing rollover protection, up to a maximum reimbursement of $865. This includes the costof the ROPS (roll bar, ROPS with awning or ROPS cab), shipping and installation charges. Hertzler praised the program

for defraying the cost of making operating older tractors safer for farmers, who often have razor-thin profit margins. The program, which receives support from Farm Family Life Insurance Co., Land O' Lakes Inc., AgChoice Farm Credit and other donors, has raised $76,000 to date. But there's currently a waiting list of more than 100 farmers waiting for funding to assist them in having a ROPS installed, Murphy said. Hertzler was on the waiting list for more than three years. "When we hear the tragic stories of farmers or their family members being hurt or killed while working hard to make a living in a very demanding business, it motivates us to make agriculture as safe as possible for those who feed the rest of us," Murphy said. "Our ultimate goal is to keep going until all farm tractors are equipped with rollover protective structures.

"Rollover protective structures, when combined with seatbelt use, can almost entirely prevent deaths and serious injuries from tractor overturns" . . .


by JOHN CHAPIN

Create your Own Economy No matter what business youre in, there will always be one or two salespeople or businesses that are com-pletely knocking it out of the park and selling tons more anddoing lotsmorebusiness thaneveryoneelse.Evenwhen market or economic conditions are bad, these com-panies and individuals are still killing it. They are able to do this because they create their own economy. They are not dependent upon outside forces nor are they victims of outside negative conditions that leave most businesses reeling or even out of business. The good news here is twofold: first, anyone can create their own economy and, second, these strategies work to significantly grow sales and business regardless of the market or the economic landscape.

Four strategies for creating your own Economy

#1 | triplE yoUr salEs aND markEtiNg EFForts. In order to create your own economy you need to put in about three times as much time, effort, and energy as everyone else into the key areas of sales and marketing. The majority of your time needs to be finding new pros-pects, presenting, and closing. Creating your own econ-omy requires you to contact lots of people. You must be willing to work longer hours and push yourself beyond what youve done in the past. Look, there will be times when your life is out of balance, creating your own econ-omy is one of those times. As a point of reference, and to give you something to aspire to, here are some examples of people who put in monumental efforts: Thenewchiropractorwhomadeover20,000callson houses and businesses in a 6 month period working Monday through Sunday. Yes, thats an average of 110 calls a day. And then did $1.2M in revenue his first 12 months in business. By the way, this put him in the top 10% of all chiropractors in a major metropolitan area. ThebrandnewRealtorwhomade803callstoFor-sale-by-owner and expired listings in one month and got 6 listings. (The average Realtor gets 12 listings a year). Note: You need to be a contrarian. In addition to working harder than everyone around you, you have to zig when others zag. For example, in a down market or economy, the average business cuts sales and marketing activities and expenses by 37%. They also cut back on training and support. This starts a downward spiral that sinks them faster than almost anything else. When there is a downturn in the economy or market, which is the time to step up your efforts even more. Go out and get competitive business because the competition is not out there as much and they arent staying in touch with and appreciating customers as much. Also, as a general rule, it is usually best to look at what everyone else is doing and do the opposite or some-thing substantially different. People who follow tend be

one of the people moving from cash into stocks when the market is at 18,000, or one of the last ones in to the latest MLM.

#2 | aNticipatE aND wElcomE chaNgE. Speaking of down markets and economies, we all know that change is the one constant in the universe. That said, many people run their business as if nothing bad will ever happen then theyre surprised when the stock market crashes, the economy nosedives, or the real estate bubble bursts. The most successful people on the planet embrace change and look for an advantage. They know its coming and they adapt faster and more success-fully than everyone else. You wont be able to anticipate everything but you can predict about 80% of whats like-ly to happen. Dont dwell too long on bad things that can happen or spend a lot of time here, just anticipate what could happen and have some solutions. Also, when change does come, dont get negative and complain about it. Just realize that you knew change would come at some point and here it is. Now, what can you do about it? Get positive and look for the advantage.

#3 | rUN lEaN aND iNVEst as mUch as yoU caN back iNto thE bUsiNEss. The best investment you can make is in yourself and your business. When you are creating your own economy, you need to put as much money as possible into your sales and marketing efforts and in developing the skills you need for success. Running lean means not taking a huge salary, buying a fancy car, or spending money frivo-lously and carelessly on toys, trinkets and other non-busi-ness essentials. Running lean does not refer to cutting corners or skimping on items in your business that lead to superior quality and service and branding.

#4 | gEt riD oF ExcUsEs aND chaNgE limitiNg bEliEFs. I could have put this item first, but if youre looking at creating your own economy, youre probably already pretty good at letting go of excuses and probably have some fairly solid beliefs. That said, excuses and limiting beliefs are two of the biggest roadblocks to creating your own economy. If you do have some excuses, keep in mind that whatever excuse you have, someone on the planet has had it worse and overcome it. Get to work and find the solution. Whether you believe you can or cant, youre probably right, as Henry Ford said. If you are hav-ing challenges in an area of your life it is due to incorrect or limiting beliefs. Find someone whos successful doing what you want to do and copy their beliefs and their ac-tions. John Chapin is a sales and motivational speaker and trainer. For his free newsletter, go to: www.completeselling.com John has over 26 years of sales experience as a number one sales rep. You can contact him at 508-243-7359 or [email protected].

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DEALERFINANCINGDOCUMENTS:aVoiDiNg collatEral

DEscriptioN DilEmmas Most dealerships obtain financing from a variety of sources. Dealers may have an operating line of credit from a local bank, multiple floor plan providers for wholegood purchases and direct financing from suppliers for equipment and/or parts. Normal finance documents include some type of security interest granted by the dealer to the lender. A dealer must pay particular attention to collateral descriptions when multiple financing sources are involved. Financing documents also contain a list of breaches that constitute events of default. The list typically includes allowing a conflicting security interest in a lenders collateral. Because the national floor plan providers and many equipment manufacturers over-reach on collateral descriptions, it is all too easy for a dealer to inadvertently commit an event of default on other loans including operating lines of credit. Each of the various financershas a legitimate interest in obtaining security for payment, but these interests must be managed to avoid conflict.

compEtiNg collatEral DEscriptioNs The collateral descriptions contained in financing documents should differ according to the specific type of loan. Collateral that is appropriate to support an operating line of credit is different from a floor plan. Collateral descriptions vary according to the purpose of financing: 1. blanket liens. These are appropriate for use in operating lines of credit. The collateral description typical includes all inventory, equipment, office furniture, accounts receivable, chattel paper, general intangibles and any other property interest, including insurance proceeds, that a dealer may own during the life of the loan. The security provided is generally the value of a dealerships assets less the amounts subject to other financing such as purchase

money security interests from floor plans or supplier financing. 2. Floor plans. The collateral supporting floor plan loans should be limited to equipment actually being financed by the floor plan provider. All too often, however, floor plan providers will seek to include a blanket lien on all of a dealers assets. Another common form of over-reaching is maintaining a security interest in paid inventory. 3. supplier Financing. Many dealers overlook this type of financing, but the vast majority of dealer agreements include a security interest. This is perfectly appropriate where the supplier provides some financing like selling repair parts on net 30 terms or granting cash discounts for wholegoods paid for within 30 days. Suppliers usually limit security interests to products the supplier provides. A conflict can arise, however, when the collateral description does not account for paid inventory or seeks to maintain a security interest in any product manufactured by the supplier even equipment obtained from another source such as trade-ins.

aVoiDiNg DEFaUlts The collateral description is like any other contract term it can be negotiated between a dealer and the lender. Lenders generally do not want to put a dealer in a position of defaulting on another loan, because it puts the lender at a higher risk of non-payment. Lenders understand that their best chance of getting repaid is through continuing operations of the dealership and will work to avoid a default. Over-reaching lenders will not limit conflicts on their own; however, dealers must request changes. The first step is to compare loan documents and outline competing security interests. If there is an overlap in collateral, the dealer should talk to the lender who provided the new agreement to limit collateral to a

commercially reasonable description. Suppliers and floor plan providers do not need blanket liens. Likewise, documents that prohibit a security interest in paid inventory may restrict a dealers ability to draw on its line of credit. Collateral descriptions should match the purpose of the financing.

sUborDiNatioN agrEEmENts Another tool available to manage conflicting collateral descriptions is subordination agreements. These are prepared on a case-by-case basis and are usually agreements between finance providers as to the priority of the security interests. For instance, a supplier that prohibits security interests in the suppliers products even after they have been paid for may allow a competing security interest in paid inventory as to a specific lender, but not all lenders. Subordination agreements are not a one size fits all. There are a variety of types depending on the specific conflict to be resolved.

coNclUsioN Dealers need to be proactive to avoid inadvertent events of default under the various financing documents that support a dealership. Every time a new dealer agreement,new floor plan agreement or new bank agreement is presented, a dealer should compare the collateral descriptions with other financing documents. If the same collateral is being used to support more than one loan, there is likely a problem that needs to be addressed by changing the collateral description. If a lender is unwilling to change the collateral description, then a subordination agreement may be considered. Barring some resolution of the conflict, the dealer may have no other choice than to switch to a different equipment supplier that offers commercially reasonable collateral descriptions.

by DAvID E. SHAy


Id Rather Talk to the Mechanic

By Terry Boer Your vehicle is malfunctioning, so you drop it off for service work and repairs. Later, you get that call with the dreaded damage report. The person calling is normally not the actual mechanic, but rather the person who spoke to the mechanic. I never feel like Im getting the full story. At Diversified Financial, you speak with the Relationship Manager, who is the person that actually analyzes and reviews the credit application. Not the processing center or a person removed from the process. By speaking with your Relationship Manager, you will receive the best possible service. Solutions, more flexibility, and answers can be found easier by dealing with the Relationship Manager, rather than a person that has not even touched the credit application. The Relationship Managers are available to speak with you anytime, and we are excited to earn your business. Call Us at: 800-648-8026 www.dlsfarm.com.

Why Use Diversified Financial Services??

1. Cash is King! Help customers conserve liquidity during periods of lower commodity prices by taking advantage of fixed interest rates that by historic standards are very low. Financing with DFS also keeps credit lines with local lenders open. This adds even more liquidity to your customers operations.

2. Submit credit applications according to your preferences. Unlike most retail finance providers, we give you choices. Choose between submitting applications online at www.dfsfin.com, by fax or via email. If you use our mobile link at www.diversified-mobile.com, we can track down the customer for you and get an application directly from them.

3. Regardless as to how you send an application to us, upon funding of the contract or lease we will be pay some of the best sales incentives offered in the industry.

~Submitted by Steve NorrisRegional Sales Manager, Diversified Financial Services

402.677.7991 | www.dfsfin.com

P Legislative RepresentationP Dealer-Supplier RelationsPLegal Counsel HotlinesP Business and Group InsuranceP Monthly Newsletters and Weekly EmailsP Credit Card ProgramP EndorsementsP Human Resource (HR) ManagementP Annual Regional MeetingsP Business Forms & SuppliesP Trade-in and Flat Rate GuidesP Cost of Doing Business SurveysP Wage SurveysP National AffiliationP www.ne-equip.comP Staff Resources / Information

Let us prove that membership doesnt cost ... it pays!Your link to the power equipment industry ... is NEDA!

SOME REASONS WHY NEDA iS DESigNED tO MEEt YOUR bUSiNESS NEEDS!

NEDACommitted to Building a

Better Business Environmentfor Northeast

Equipment Dealers

TAX TIPSIRS Changes Form 2290 The Internal Revenue Service has increased the amount of information required for a tax-payer to claim a credit or refund for a vehicle for which the federal heavy vehicle use tax has been paid, is sold, stolen, or destroyed. The change was made when IRS issued the instruc-tions for this year's Form 2290, on which the HVUTisreported,andwhichisdueattheendofAugust2015. In the past, for a credit or refund, IRS has required the vehicle's identification number (VIN),theweightcategoryit'sinfortheHVUT,the date the vehicle was sold (or stolen or de-stroyed), and a copy of the IRS worksheet on which the taxpayer calculated the credit. To this list is now added, for any vehicle sold aftertheendofJune2015,thenameandad-dress of the purchaser.

~ State Laws Newsletter


This is the conclusion of a two-part article. Part one appeared in May'sNEDealer.

3. what is the quality of your competitions parts and service? In parts, we recognize that many vendors to your OEM also supply parts to independent partsdistributors. We also recognize that this represents (generally) a product of equal quality. When this happens, it is imperative that you develop a marketing strategy devoted to backing up your dealerships and your manufacturers sale of those particular parts. The words genuine and/or authorized carry little weight with the sophisticated customer today unless, you as a professional, market the advantages of buying from your dealership versus the independent distributor. In service, we have already mentioned the marketing of your guaranteed labor. In marketing the quality of your labor, we need to go a bit further. In your service market research, the manager needs to evaluate the product models most frequently serviced by the competition. The competition may do a good job of servicing your 1960/1980 equipment, but if your customers are now buying the latest models with computerized controls . . . how well will your competition perform with these new units? Next, the professional service manager will evaluate the principal repairs the competition is most able to perform. The competition may do a super job on brake repairs, but is not qualified to do an overhaul that the customer requires. Again, your shop is the one stop service center for your customers. Basic Yes, but something around which to build a solid marketing strategy 4. what is the integrity and reputation of your aftermarket competition versus your dealership? Sometimes we find this so basic that we neglect developing a marketing strategy around those important factors that make our dealership and our aftermarket services so outstanding in the eyes of our customers. when you buy from our dealership, you dont just buy the sales department, you buy the whole dealership?

Marketing your integrity and reputation begins with the development of a Mission Statement and/or a Statement of Purpose. A document memorized by employees and made visible to all your customers. Your dealerships integrity and reputation is developed by informing the customer about some very basic facts: How long your dealership has been in business while representing a manufacturer or manufactures who have been in business for so many years. Yours is a dealership with sales of so many dollars. Yours is a dealership selling to some of the finest companies in the area (References). Yours is a dealership with so many dollars in shelf inventory and overnight delivery from your suppliers. Yours is a one stop shopping center for parts. Yours is a parts department staffed by experienced and involved individuals (50 total years of experience).Yours is a competitive parts department established to service the needs of the customer. Yours is a service department offering guaranteed work and quality service, staffed by experienced and involved individuals (75 total yearsof experience).Yours is aservice department with factory-trained, experienced technicians. You have an orderly and well equipped shop, with tools designed for doing the job right, the first time. Yours is a shop with the ability to service a broad base of equipment. You have fully-equipped road service trucks and trucks for transporting a customers equipment. Look at what your dealership has to offer your customers, develop a marketing strategy to sell the advantages of using your aftermarket services versus using the competition. When is the best opportunity to market your aftermarket? We believe it is part of the entire selling process and should happen immediately after or even during the sale of the equipment. We encourage the equipment sales personnel to bring in and allow the customer to meet the parts, service and aftermarket service rep as part of the selling process. Sell your entire dealership at the time of the sale and you will keep your customer from considering those others in the competitive market place. if customers truly feel the services are essential, fair compensation is not a problem!

Proactive vs. ReactivelEts gEt proactiVE

thE aFtEr markEt salEs ForcE

BY JOHN WALKERPresident,AfterMarketServicesConsultingCo.,Inc.817StockbridgeDrive,#399,Ft.Mill,SC29708Cell918-230-0791

www.amsconco.com


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FarmEquipmentSoftware:who owNs it aND why? Today's farm equipment includes computers and technology systems ranging from engine controls, to guidance systems, to media and entertainment systems. Making each system work is computer software. The. rights of your customers and manufacturers are spurring a lot of commentary because the U.S. Copyright Office is considering a special exemption to enable repair and modification of farm equipment software without manufacturer permission. In a recent article on Wired.com, Kyle Wiens stated that John Deere is seeking to enact a "twisted vision of ownership" of farm equipment where farmers do not own their equipment. This makes for fun reading, but it is an exaggeration. John Deere's position (and the position of the Association of Equipment Manufacturers) is that the farmer owns the equipment, but has a license to use the software included in the equipment for the life of the equipment. John Deere's approach is based firmly in basic copyright law and the license the farmer gets is no different then the license you get to use the software on your home computer or your mobile phone. Copyright law prevents purchasers from creating new copies of written materials, whether it is a book or software. This restriction isn't workable for software because you need to be able to make multiple copies just to use it (a "copy" is made every time a software program is run). As a result, software owners give you a license to be able to make copies of the software so that you can use it. These licenses do not allow you to reverse engineer or sell the software to others. To help enforce the restrictions on resale or reverse engineering, digital "locks" are included in software. These locks also prevent modifications or repairs to the software without manufacturer permission. The Digital Millennium Copyright Act, or "DMCA", helps protect these digital locks by prohibiting the development of tools that break through the locks. The Copyright Office is considering an exemption to allow programmers to break into the software embedded in a vehicle, including farm equipment. The current

publicity from the Wired.com article is only occurring because manufacturers, including John Deere and General Motors, are giving their reasons why the exemption from current law should be denied. The Copyright Office will likely make a decision later this summer.

thE maNUFactUrEr positioN. Manufacturers say protecting digital locks in software is critical to ensure that the equipment is not modified by hackers or do-it-yourself repairmen in a way that can negatively affect the equipment's performance. They fear that unauthorized modifications will create new dangers for repairmen and used equipment purchasers, excessive wear and tear, the alteration or removal of safety and environmental protection measures required by law, or even the destruction of the equipment's entire computer system.

thE coNsUmEr aDVocatE positioN Wiens argues, both in the article and in comments submitted to the Copyright Office by his company, iFixIt.com, that farmers need to be able to remove digital locks from equipment software so they can modify or repair it without the manufacturer's permission, similar to after-market mechanical modifications and repairs.

who's right? Due to the product safety issues involved, we think that the manufacturer position is most appropriate. While we understand the desire of customers to have free rein to make decisions about repairs and modifications, mechanical modifications are generally easy to spot from an inspection. That is not true with software modifications. Software modifications can often only be identified

by running the software and operating the equipment. This could make repair work more dangerous and create problems for future purchasers who expect the equipment to operate in accordance with the manufacturer's manual. Each of these things should pose concern for you as dealers. When farmers purchase equipment, they are purchasing a license to use the software. That is the same deal every user of an iPod, a Nest smart thermostat, a laptop, or a website browser agrees to each time they use those systems. We certainly recognize that the law's protection of digital locks has been criticized, but creating a special exemption for vehicle and farm equipment software will only address one issue in a specific industry and we don't see the justification for treating farm equipment software differently then other technology products. The more appropriate way to address these issues is through a legislative debate over software and related repair rights generally, a debate that is currently occurring in several state legislatures considering "Right to Repair" laws. This article is intended to provide general recommendations and is not intended to be legal advice. You should always consult your attorney for advice unique to you and your business. Lance Formwalt and John Fuchs are members of the Equipment Dealer Group and the Data, Privacy, and Technology Group at Seigfreid Bingham, P.E. The firm also serves as legal counsel to the North American Equipment Dealers Association, the Western Equipment Dealers Association and several other regional dealer associations. Lance may be contacted at lance[@sb-kc.com or 816-265-4106 and John may be contacted at john[@sb-kc.com or 816-265-4228. Also see www.sb-kc.com.

by LANCE FORmWALT & JOHN FUCHS

"Manufacturers say protecting digital locks in software is critical to ensure that the equipment is not modified by hackers or do-it-yourself repairmen . . ."


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16 Committed to Building the Best Business Environment for the Northeast Equipment Dealer16 Committed to Building the Best Business Environment for the Northeast Equipment Dealer

RESOURCESHuman

Where do substance abusers work? Anywhere they can! Seventy-two percent of drug users are employedbut you wont find them working at businesses with effective drug- and alcohol-free workplace programs. Statistics on substance abusers are frightening. AccordingtotheAmericanCouncilforDrugEducation,abusersare:

10timesmorelikelytomisswork3.6timesmorelikelytobeinvolvedinon-the-jobaccidents5timesmorelikelytoinjurethemselvesoranotherintheprocess5timesmorelikelytofileworkers'-compclaims33percentlessproductive

A drug- and alcohol-free workplace program not only helps busi-nesses avoid problems, it provides value:

Demonstratestoemployeesthattheirwell-beingisimportantAttractsemployeeswhoaredrug-andalcohol-freeEncouragesaclear-thinking,professionalworkforceHelpspreventbadpublicitybeingassociatedwithyourbusinessFewerinjuriescanleadtoimprovedworkerscompensationmodi-

fiers and lower insurance premiums Federated feels so strongly that an effective drug- and alcohol-free workplace program can have a profound impact on your business that we decided to place a major emphasis on this issue beginning in 2010. Federateds Shield NetworkSM dedicates an entire section to helpful drug- and alcohol-free workplace tools and materials to make imple-mentation of a program simple and cost-effective. We can help you with everything you need for either workplace or Department of Transportation programs, including policy statements, employee communications, employee and supervisor training materials, instant testing devices, laboratory network, and even legal consultation.If you dont have a program, dont put it off any longer. Contact your local Federated representative to get started! Facts for Employ-ers, American Council for Drug Education, www.acde.org/employer/ DAwork.html.

~Submitted by Federated Insurance Co.federatedinsurance.com

A Bad Combination:

Drugs and alcohol in the workplace

HR Question of the month Does surrogacy affect Fmla and short-term Disability? We have an employee inquir-ing about her rights under FMLA and Short-Term Disability if she becomes a surrogate mother. This would be a voluntary election. The employ-ee has worked over 1250 hours and been with the company over a year. Would surrogacy be treated as any other disability/pregnancy as defined by FMLA and short-term dis-ability?

An employee who is eligible to take leave under the federal Family and Medi-cal Leave Act (FMLA) is entitled to take up to 12 weeks of leave if he or she needs it for one of the specified family or medi-cal reasons in the Act. We are not aware of any exception from FMLA for surrogate mothers. In other words, whether the employee is pregnant with her own bio-logical child or is pregnant as a surrogate, the same protections would apply. Thus, if the subject employee otherwise meets the eligibility criteria, then she is entitled to take up to 12 weeks of FMLA leave for her own serious health condition (which could be related to the pregnancy), prena-tal care, and/or for the birth of the baby. With regard to short-term disability benefits, this would be governed by the terms and conditions of your policy (which we cannot review within the format of our service). We recommend that you review your policy and consult directly with the carrier to determine whether a surrogate pregnancy would be a qualifying condition for benefits under the policy.

~ Submitted by Federated Insurance Co. www.federatedinsurance.com

TH NK

Northeast EquipmentDealers Association

www.ne-equip.com

st1ASSOCIATION

RESOURCESHumanbuild a Risk management Culture with your Employees Help

Attitude, behavior, Control The AbCs of Workplace Safety Following your companys safety guidelines is all it takes to stay safe at work, right? Not so fast. Yes, those guidelines are there to help ensure your safety. But, overall safety is a little more complicated than a list of dos and donts and the expectations for following them. There are three important ele-ments that combine to add up to a safer, more productive you.

attitUDE While it may not be everything when it comes to safety, attitude is pretty darn close. Have you ever caught yourself not staying alert and focused, ignoring safety guidelines, horsing around, or let-ting emotions such as anger and frustration influence your atti-tude on the job? If you answered honestly, you probably admit to allowing at least one of those things to affect your job perfor-mance at one time or another. Dont let your attitude get in the way of safety.

bEhaVior How you react to a situation is an important part of being safe.

Follow established safetyguidelines

RefusetotakeshortcutsUse personal protective

equipmentcontinued on page 18

There is a business axiom that states, No one knows more about the job than the person doing it. A wise business owner weighing the options for improvements or changes knows the value of seeking an employees opinion on particular job-related matters. Your employees are on the front line of your business. They experi-ence the day in, day out routines and perform certain tasks with regu-larity. They are often the first to notice an unsafe condition or the need for a change in procedure. Who better to involve in the push for a safer working environment?

all you may need to do is ask You have a wealth of knowledge working for you right now. Why not tap into it and empower your employees by encouraging them to contribute to your companys safety and risk management program. Employeesappreciatebeingheard,butarentalwayssuretheirinputmatters. Some may even be guarded when sharing thoughts and ideas. By willingly listening to what they have to say, and persuading them to become involved, you not only inspire them to become safer, more conscientious workers, you make it clear that safety is everyones job, every day.

help them help you Giving your employees the tools and incentives to complete their job safely can help instill a unified, safety-focused attitude that supports your companys risk management culture. There are many ways to accomplish this. Here are just a few to consider:

HoldregularsafetymeetingsProvidepersonalprotectionequipmentSetclearexpectationsAskforemployeeinputOfferincentivesforsuggestionsorattainingsafetygoalsProvidetrainingonnewjobsandfollowupwithscheduledreviewsReinforce positive behavior with recognition, compensation, or

other rewards You hired your employees for a reason: You saw their potential and had faith in their abilities. Let them show you what theyre capable of by involving them in the companys risk management initiatives.

~ Submitted by Federated Insurance Co.www.federatedinsurance.com

Northeast Dealer | MAY 2015 17


RESOURCESHuman

A business owner hired a friends daughter who recently graduated from college. Her application looked great and the job interview went well. He waived her background checks and she was hired as a sales associate. A few months later, other people in the department began complaining about the young woman, claiming she was moody, demanding, and rude to the clerical staff. She also expected other salespeople to handle service calls when she wasnt in the office, which was often. One long-time employee became frustrated with the working condi-tions and left the company. In this example, reference checks could have revealed that the employee had been fired from a prior part-time job for the same type of behavior. In addition, a drug test would have uncovered a substance abuse problem. Business owners can purchase employment related practices liability insurance to protect themselves from lawsuits alleging discrimination and harassment or wrongful termination. However, insurance coverage cant compensate for the lost productivity, worry, and embarrassment that can result from a regretful hiring decision. Hiring the wrong person can lead to employee injuries, employment-related lawsuits, and higher employee turnover. Federateds employment practices resources can help you minimize the costs associated with hiring mistakes. Information and sample materials are also available on proper procedures and documentation needed for terminating employ-ees who dont work out.

~Submitted by Federated Insurance Co.www.federatedinsurance.com

Diversity policy We encourage and welcome diversity, recognizing it as a key competitive advantage. By creating a supportive environment that allows everyone to perform to their potential, we achieve success, and that success reflects the quality of our employees. The value of different backgrounds and perspectives should not be overlooked. Hav-ing a diverse workforce assists us in looking at all situations from a variety of angles and coming up with innovative ideas and solutions. Embracing and understanding what each employees background and perspective can contribute allow us to progress more quickly than our competitors. Some types of diversity are as follows: Lifeexperiences Workexperiences Perspectives Cultures Ethnicity Gender Age Respecting each individual and recognizing the value that they bring to our diverse team is essential.

~ Submitted by Darwin Allen Haylor, Freyer & Coon, Inc.

www.haylor.com

bad hire higher costs The AbCscontinued from page 17

Ask questions if youreunsure of something or need more information to do the job

Helpco-workersunderstandthe importance of safety

coNtrol This is all about tak-ing responsibility for mak-ing your worksite a safe place. There are many things within your control that help to ensure jobsite safety.

Keep surroundings cleanand orderly

Cleanupspillsanddebris,orreport them to the appropri-ate person

Keep machines and equip-ment in good repair

Remove obstacles fromwalkways

Store chemicals properly;make sure you know proper handling techniques

Report any potential haz-ards to your supervisor

There you have itthe ABCs of job safety. While there are many more ways to ensure your personal well-being on the job, attitude, behavior, and control impact most of them. Thats why theyre the most importantand simplestaspects of staying safe at work.

~ Submitted by Federated Insurance Co.

www.federatedinsurance.com


Who must have an SPCC Plan? Any business that has a cumulative above ground storage capacity of 1,320 gallons or more of oil in containers of 55 gallons or larger.

Why do I need an SPCC Plan? The bottom line is that every EPA region is con-ducting SPCC inspections and assessing fines for non-compliance. The fine for not having a plan may be as high as $1,000 in addition to any infrac-tions. The size of a facil-ity has not been shown to exclude it from an inspection. How can RCI help? RCI has developed an SPCC program that meets the latest federal requirements, provides technical support from staff P.E.s and cus-tomer service representa-tives, and is accessible on-line, all at an economical price.

What are the benefits to RCIs program? Its easy. NEDA com-

pletes all field work and facility inspections.

Facility and personnel changes are easily amended with the on-line program.

RCI keeps your SPCC plan up-to-date with regulatory changes.

All forms and checklists are built into the pro-gram.

RCI can easily re-certify your on-line plans every five years as required by law.

Toll free assistance from RCI P.E.s and customer service reps.

You can access your plan from any location and monitor multiple sites.

NEDA 128 Metropolitan Park Dr.

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315-457-0314 800-932-0607

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CUSTOMERDATAANDPRIVACY:whats thE big DEal?

Unless youve been lost at sea the last year, you have heard about the theft of credit card data from millions of customers of Target, Home Depot, K-Mart and Nieman Marcus, concerns about the collection of call data by the National Security Agency and countless other stories about privacy. You understand how this impacts you as a customer, but do you know how you are impacted as a business owner? Privacy policies and information security programs are no longer just for big retail chains. The telematics systems and other information-gathering technology that you are selling your customers put you squarely in the middle of the debate about privacy and use of customer information. Information generated by the equipment you sell has many benefits for you, your customers and your manufacturers. However, customers are becoming more sensitive about who has access to the data, how it is secured and how it will be used. This concern is leading to a growing debate among producers, manufacturers, seed companies and legislators. On a weekly basis, it seems like a different group has an announcement relating to this issue: from the Farm Bureaus policy on data privacy, to the formation of a growers cooperative for the protection and licensing of producer data, to the establishment of cross industry projects to develop standardized formats for farm data to facilitate producer access to data generated by various data gathering tools. Dealers need to be paying attention, too. As a conduit between your customers and your manufacturers, you are in the position of advising customers on

uses of the information available to them. In many cases, you also may have access to your customers data and the ability to use that data to help drive your marketing plan or other business decisions. Due to your access to customer data and growing manufacturer concern about negative brand implications if dealers dont adopt best practices about data and privacy, you need to be thinking about steps to address customer questions and concerns. As part of that process, you should consider taking the following actions:

aDopt a priVacy policy. A privacy policy is simply your promise to customers about how you will collect, use and secure data at your dealership. When creating a privacy policy, there are two important things to remember. First, if you commit to a policy, you need to make sure you are prepared to follow the policy. Second, a privacy policy doesnt mean you have to lock up information and never use it. As part of this process, think carefully about how to balance the customers interest in privacy and your interest in using the information for valid business purposes.

Establish aN iNFormatioN sEcUrity program. If you make promises to your customer about how you will use and protect information, it is a good idea to also adopt an internal plan that helps you live up to those promises. More importantly, federal law and the data security and breach notifications laws in placein46statesrequiredealerstomonitor and respond to a breach of their information systems. In many states, an information security program is either required

or provides significant benefits to dealers, such as more limited penalties if violations occur.

EmployEE traiNiNg. Putting a plan or policy on paper doesnt do you any good unless your employees understand how to apply it and the importance the dealership places on compliance. To adequately address the issues, it is critical to make someone accountable for training your employees on your policies and security programs. Taking steps now to keep up with the changing dynamics of information access and privacy will allow you to show your customers you are informed, address manufacturer concerns, reduce your exposure to liability and comply with existing legal obligations. This area will continue to rapidly evolve over the next several years but it is important to act now to meet customer expectations and put your organization in a better position to adapt to (and perhaps shape) changes and standards relating to data privacy in the future.

Lance Formwalt is a member of the Equipment Dealer Practice Group at Seigfreid Bingham, P.C. The firm also serves as legal counsel to the North American Equipment Dealers Association. Lance may be contacted at [email protected] or 816-265-4106. Also see www.seigfreidbingham.com. This article is intended to provide general recommendations and is not intended to be legal advice. You should always consult your attorney for advice unique to you and your business.

by LANCE FORmWALT


MAKING pErsoNNEl FilEsyoUr bEst FriEND INSTEADOF

yoUr worst ENEmy Performance evaluations can be a very powerful tool in helping employees improve their performance and can also be a smoking gun if poorly orchestrated. Personnel files present the same circumstance: if managed well, good documentation allows you to provide factual information when facing litigation. However, bad or disorganized documentation can be your worst enemy. Good documentation is completely filled out, clear, non-bias, and objective information. What exactly is bad documentation? Bad documentation is anything that is untruthful, incomplete, or contains bias or inappropriate comments. Having this type of information in your personnel files is something that you would never want discovered in the event of legal litigation. To correctly organize your documentation and keep yourself out of legal hot water, KPA recommends a simple approach: dont keep just one personnel file, keep a minimum of three. Breaking the personnel file into three separate files is simple. You can use manila folders, as many HR professionals still do, or you can utilize an electronic option, such as KPA Human Resource Management software. No matter what you choose, the three files should be broken out as follows: gENEral iNFormatioN files should include anything that pertains to the employees day to day job, training, performance, and compliance. The following items should always be kept in the personnel file: Position Job Description

EmployeeResume

EmployeeJobApplicationEmploymentOfferSigned AcknowledgementofEmployeeHandbook

SignedReceiptofDealershipProperty

PerformanceEvaluationsEmployeeBenefitEnrollment

Forms EmergencyContactFormsEmployeeComplaintsPerformance Awards and

Training Program Records AttendanceRecordsEmployeeTerminationFiles

mEDical iNFormatioN files should include anything the Health Insurance Portability and Accountability Act (HIPPA) qualifies as confidential. Medical files should be stored in a locked cabinet that only supervisors may access. Medical files may include: Health insurance application forms

Life insurance applicationforms

Applications for any otheremployee benefit that might require medical information

Requestsforpaidorunpaidmedical leaves of absence

Family Medical and LeaveAct (FMLA) reports and related paperwork

Physicians examinations,notes, correspondence, and recommendations

Medically-related excusesfor absenteeism or tardiness

MedicaljobrestrictionsAccident and injury reports,

including OSHA-required documents

Workers compensationreports of injury or illness

Anyotherformordocumentthat contains private medical information about an employee

highly-confidential files should include anything that you would not want discovered by legal professionals in the event of litigation. This includes any records that may have notes written on them that may be misinterpreted. These items include: Interview notes

DisciplinarynotesBackgroundchecksReferencechecksSkillsandaptitudetestsDateofbirthMaritalstatusReligiousbeliefsSocialSecurityinformation

I-9 forms are often a point of confusion in regards to personnel files. I-9s should all be kept together in their own folder. Best practices suggest that you keep all I-9 forms for current employees in one folder and I-9s for past employees in a separate folder. To keep your personnel files up to date and compliant, it is best to review them annually to ensure accuracy and completion.

by KATHRyN CARLSON, KPA


what's at issUE? What people wear to work can be far more than simply a matter of personal preference. Although you dont want to restrict your employees personal choices unnecessarily, you can set rules that have a sound basis in operating a safe and efficient workplace. You can require employees to wear attire that is appropriate for their position and for your company. One area of primary concern is safety. You could be held liable for not requiring workers to wear helmets, shoes, safety glasses or any special clothing necessary to protect them from workplace accidents. You also need to ban certain accessoriesjewelry, for exampleor loose clothing that could be potentially hazardous in a manufacturing environment. Where safety issues are involved, you must not only have a policy in place but also ensure that all workers are aware of the policy. Then you should spell out penalties for violations of safety-related dress codes. A dress code does not have to treat men and women exactly the same, as long as the issues addressed are relatively minor. Thus you might prohibit earrings for men but not for women, or

XYZ employees are expected to wear appropriate business attire. Employees are expected to dress neatly and to exercise common sense in selecting clothing and footwear appropriate for a business environment. Hair should be neatly groomed and worn in a businesslike style.

Women should wear suits, dresses, skirts with blouses or sweaters, or tailored slacks with professional blouses. Men should wear suits, sports coats or collared dress shirts with a tie and dress slacks.

Management in XYZ offices may declare certain days to be Casual Dress Days, which provide employees an opportunity to dress more casually at the office. At headquarters, Casual Dress Day is the last Friday of every month. Employees should wear appropriate casual clothing that is neat, clean and not overly revealing. Participation in Casual Dress Day is a personal decision. Employees are expected to use good judgment to ensure that their attire is appropriate for all activities (including meetings and client contact) that they will be involved in that day. General guidelines regarding attire still apply on Casual Dress Days, and field locations may adopt modified guidelines as appropriate to their environment.

Shorts (except knee-length shorts), tank tops, mesh shirts, cutoff shirts, thongs, sweat pants, jogging suits, caps, ripped jeans and T-shirts with controversial slogans are not appropriate. Jeans and athletic footwear are acceptable so long as they are in presentable condition. . . . As on regular workdays, managers/coaches have the final say on what is appropriate attire for Casual Dress Days.

you could require men, but not women, to wear their hair short. A ruling by a U.S. Court of Appeals found that hair length was not within the goal of equal employment. Many companies have instituted a casual dress code, although they still can expect employees who are meeting with vendors, clients or other outsiders to wear appropriate business attire. accommoDatiNg rEligioUs attirE One key area in which you must be careful is how to accommodate an employees religious beliefs and practices. According to Title VII, you must reasonablyaccommodate workers who want to wear religious clothing as long as it does not impose an undue hardship on your business. An undue hardship would involve any activity that (1) affects your companys image; (2) poses a safety or health risk; (3) adversely affects employee morale and productivity; (4) forces youto show favoritism to a religious employeeor (5)violatesa laworstatute. Keep in mind that you only need to accommodate an employees religious beliefs or practices when the claim is based on a bona fide belief (to qualify, the belief must only be sincerely heldthe employee doesnt have to be a member of an established

religion). Note: You can specify that

religious clothing be neat, clean and in a color that doesnt clash with the company uniform, if that applies. And you can ask workers to tuck in loose clothing to keep it from

getting caught in potentially d a n g e r o u s

machinery.

SAmPLE POLICy

DrEss coDEs


CREDIT CARD PROGRAmEmS (ELECTRONIC mERCHANT SySTEmS)Steven miller866-367-1818, Direct 585-285-9954F: [email protected] FINANCIALyour Financing ChoiceTerry boer at 800-648-8026 [email protected]

FEDERATED INSURANCE COmPANyProperty & Casualty Insurance (8 states except VT), Health Insurance (PA only)Workers' Comp (All states except NY)matt Johnson at 800-241-4925, C: 606-923-6350Fax [email protected]

HAyLOR, FREyER & COON, INC.Health Insurance Program Lauren marecek Mgr., Group Benefit Consulting315-703-3215/800-289-1501, [email protected] Jim mcGarvey Supervisor Benefit Consulting 315 703 [email protected] Damage Insurance,Rental / Leasing EquipmentDarwin Allen at 800-289-1503 (HF&C, Inc.)[email protected]' Comp (Return Dividend Program for NY Dealers only)Property & Casualty Insurance for VT Darwin Allen at [email protected]

LEGAL ASSISTANCE FREE LImITED Dave Shay at 816-421-4460Fax:[email protected]

NEDA ON-LINE CAmPUSDave Close at 800-932-0607 x [email protected]

OSHA WORKPLACE SAFETy COmPLIANCE PROG.Dave Close at 1-800-932-0607 Ext. [email protected]

PARTNERSHIP FREIGHT PROGRAmYellow Freight, UPS Freight, FedEx GroundKeith Korhely at 800-599-2902 x [email protected]

POWER PRO ACCREDITED DEALERJoe Dykes at [email protected]

REGULATORy CONSULTANTS, INC.CERTIFIED SPCC PLANDave Close at 800-932-0607 x 235Robb Roesch at 800-888-9596 x 222www.rci-safety.com

SUCCESSION PLANNING - buy / SellPlanning Solutions GroupDon HannahsP: 301-543-6000 888-740-3501 F: 301-543-6030Dhannahs@PSG planning.com

TELEPHONE DISCOUNT PROGRAmWorldNet Solutions, Inc.866-532-7653 Mention NAEDA

Ralph Gaiss, Executive VP/CEO800-932-0607 x [email protected]

Dave Close, Operations Manager800-932-0607 x [email protected]

Kelli Neider, Administrative Assistant800-932-0607 x [email protected] (Business Forms)

Tim Wentz, Field Services DirectorC: 717-576-6794, P: 717-258-1450F: [email protected]

Scott Grigor, NY Farm Show Manager800-932-0607, Ext. [email protected]

Art Smith, Consultant/Editor, NE Dealer717-258-8476, F: [email protected]

CHARTER SOFTWARE bUSINESS SySTEmSmelissa Amen303-932-6875 - Ext. 219www.chartersoftware.com

CERTIFIED bUSINESS vALUATIONSSWA Financial Consulting, P.C.Curtis A. Kleoppel / bob Charbonneau816-561-5323 x 116 & 117Fax: 816-561-1249 or 800-762-5616

For Service / SPoNSoreD ProGrAMS,cAll Your ASSociAtioN

800-932-0607 315-457-0314 Fax: 315-451-3548 www.ne-equip.com

Contact NEDA today to get your copy of the:EquipmENt BluE Book, CompACt trACtor GuiDE,FArm EquipmENt GuiDE, ANtiquE trACtor GuiDE

or CoNstruCtioN EquipmENt GuiDE.

SPECIALPRICEFORDEALERS!

NortheastEquipmentDealersAssociationEstablished 1901

Committed to Building The Best BusinessEnvironment for Northeast Equipment Dealers

Call NEDA at 800-932-0607 and ask for Kelli or email [email protected]

for individual prices or to purchaseany of these guides.


THEAFFORDABLECAREACTANDEMPLOYERS:

WHy WORKFORCE SIzE mATTERS

hEalth iNsUraNcE ... aFForDablE carE act ... mEDical

The Affordable Care Act contains several tax provi-sions that affect employers. Under the ACA, the size and structure of a workforce small, or large helps determine which parts of the law apply to which em-ployers. The number of employees an employer had dur-ing the prior year determines whether it is an applica-ble large employer for the current year. This is impor-tant because two provisions of the Affordable Care Act apply only to applicable large employers. These are the employer shared responsibility provision and the employer information reporting provisions for of-fers of minimum essential coverage. An employers size is determined by the number of its employees.

Anemployerwith50ormorefull-timeemploy-ees or full-time equivalents is considered an ap-plicablelargeemployeralsoknownasanALE under the ACA.

For purposes of the employer shared respon-sibility provision, the number of employees a business had during the prior year determines

whether it isanALE thecurrentyear.Employ-ers make this calculation by averaging the num-ber of employees they had throughout the year, which takes into account workforce fluctuations many employers experience.

Employerswithfewerthan50full-timeorfull-time equivalent employees are not applicable large employers.

Calculating the number of employees is espe-cially important for employers that have close to50employeesorwhoseworkforcefluctuatesduring the year.

To determine its workforce size for a year, an em-ployer adds the total number of full-time employees for each month of the prior calendar year to the total number of full-time equivalent employees for each calendar month of the prior calendar year. The em-ployer then divides that combined total by 12. For more information, visit our Determining if an Employer is an Applicable Large Employer page onIRS.gov/aca.

The National Insurance Crime Bureau (NICB) reports that, in 2011, the number of questionable slip and fall claims rose an amazing 12 percentage points over the same time period the previous year.1

The five states logging the greatest number of question-able claims in 2011 were (from greatest to least): California, New York, Texas, Illinois, and Florida. Although honest people do suffer real injuries from falls, the criminals staging fraudulent slip and fall claims dont. These people are experts at making their injuries appear legitimate while they con people out of money. Whats particularly unsettling is the trend toward targeting small retail operators. The set-up typically plays out like this:

Aslip-and-fallartistfakesaninjury,thentellstheshopowner medical treatment is needed.

Afteraperiodof time, theinjuredperson returns tothe store to report that he or she wants reimbursement for out-of-pocket medical bills and has no choice but to sue.

Theinjuredpersonthenoffersthestoreownertheop-tion of paying the amount in cash, at which time the matter will be considered closed.

The shop owner looks at this as an easy way to avoid a potentially costly situation, and the con artist looks at it as clear profit. The police look at it as a crime. Unfortunately, these in-stances are rarely reported, which only encourages more fraud and makes it difficult to determine the scope of the problem. If someone falls, protect yourself and your business.

Immediatelyattendtothepersonwhofell;callformedi-cal help, if necessary.

DonotadmitnegligenceoroffertopayformedicalcareGetthepersonspersonalinformationInvestigatethelocationofthefall;documentfindings

with photos, if possibleGatherwitnessinformationReporttheaccidenttoyourinsurancecarrierIf thevictim returnsandasks for your insurance infor-

mation or a payment for their medical bills, explain that youve reported the incident to your insurance company. Offer only your claims adjusters contact information.

Protect yourself. Dont fall victim to this type of fraud.1 http://www.claimsjournal.com/news/national/2012/05/08/206386.htm

~ Submitted by Federated Insurance Co.www.federatedinsurance.com

slip and Fall Fraud claims on the rise


little known Facts about these United states alabama Was the first state to have 9-1-1, started 1968. alaska Oneoutofevery64peoplehasapilot'slicense.ariZoNa ls the only state in the continental U.S. that does not follow Daylight Savings Time. arkaNsas Has the only active diamond mine in the U.S. caliForNia Its economy is so large that if it were a country, it would rank seventh in the entire world. coloraDo ln 1976 it became the only state to turn down the Olympics. DElawarE Have more scientists and engineers than any other state. FloriDa At874.3squaremiles,JacksonvilleisthelargestcityintheU.S.gEorgia It was here, in 1886, that pharmacist John Pemberton made the first vat of Coca-Cola. hawaii Hawaiians live, on average, five years longer than residents of any other state. iDaho TVwasinventedinRigby,Idaho,in1922.illiNois Has a Govemor in jail, one pending jail, and is the most corrupt state in the union! iNDiaNa Home to Santa Claus, Indiana, which gets a half million letters for Santa every year. kaNsas Liberal, Kansas has an exact replica of the house in "The Wizard of Oz".

The Americans with Disabilities Amendment Act (ADAAA) protects a broader range of people than many managers realize; it also protects individuals with less permanent disabilities, such as pregnancy. Many states have their own guidelines and rules re-garding reasonable accommodation, but there are a few small things that managers can do to avoid preg-nancy discrimination without deeply investigating their own state laws. The most important thing to remember is that women have the right to work throughout their preg-nancy. Additionally, employers cannot make a deci-sion on behalf of their pregnant employees regarding whether to work or not to work during a pregnancy. While employers may request a doctors authorization for employees to continue in certain positions or with certain job duties, the employer and employee must come to a reasonable agreement regarding pregnan-cy accommodation. Pregnancy accommodation does not have to be a difficult task. In fact, a few simple guidelines can help to accommodate many pregnant employees:

address physical demands: Many women can continue physically demanding jobs, especially if they are appropriately accommodat-ed. Ways to assist include providing lift aids, stools or ergonomic chairs, or alternative workstations. If neces-sary, managers may assign them temporary duties that are better suited to them during their pregnancy.

shift schedule adjustments: Flexibility may help a pregnant employee in many ways. Consider accommodating pregnant employees with flexible arrival time, part or full-time telecommut-ing, flexible use of leave, additional rest periods, and frequent food, water, and bathroom breaks.

modify policies where possible: A small accommodation may make a big difference to a pregnant employee. Consider relaxing policies such as no food or drink at desk or no sitting.While creating these accommodations it is very impor-tant to review all possible ways to accommodate em-ployees and realize that not all employees will need the same accommodations. Ensure that both partiescome to an agreement that they can agree upon.

~ KPA

prEgNaNcy iN thE workplacEAccommodatingEmployeeswhileAdheringtothe

Americans with Disabilities Amendment Act


mid-Range Tractor sales Rise in April North American large Ag equipment sales continued to decline inApril,with 4WD tractorsales down 32.3% year-over-year, combine sales down 33.3% and row-crop tractor sales down 16.6%, according to the latest numbers released bytheAssn.ofEquipmentManufacturers. The latest AEM report did show someimprovements for the month, however. Mid-range and compact tractors showed some positive movement, according to Mircea (Mig) Dobre, analyst with RW Baird.

~ AEI

Growing Global competition Keeps pressure on corn, soybean, Wheat pricing USDA released its May World Agricultural Supply and Demand Estimates (WASDE) onMay 12, and projected growing worldwide competition will keep downward pressure on prices for the three major crops corn, soybeansandwheatforthe2015-16season.

~ AEI

production Efficiencies stabilize corn Demand for Ethanol Farm equipment manufacturers and dealers who reaped the benefits of the explosive growth of corn ethanol in the past decade with skyrocketing equipment sales, probably shouldnt count on anything near that level of growth in the decade ahead. Demand for corn to produce ethanol is expected to see modest growth, at best, during the next decade as cars become more efficient, requiring less fuel, thus less ethanol. More importantly, the process for manufacturing ethanol has been improved, resulting in more ethanol per bushel of corn.

~ AEI

EqUipmENt iNDUstry NEws

Ag Equipment Intelligence/May/2015 7

North American large ag equipment sales continued to decline in April, with 4WD tractor sales down 32.3% year-over-year, combine sales down 33.3% and row-crop tractor sales down 16.6%, according to the lat-est numbers released by the Assn. of Equipment Manufacturers.

The latest AEM report did show some improvements for the month, however. Mid-range and compact trac-tors showed some positive movement, according to Mircea (Mig) Dobre, ana-lyst with RW Baird.

Mid-range tractor sales increased 7.5% year-over-year following a 5.1% decrease the prior month and com-pact tractor sales were up by 17.1% compared to the same period last year.

U.S. and Canada large tractor and combine retail sales dropped 23% year-over-year in April, which was a slight improvement from the 25% decrease in March.

Combine sales posted a 33.3% year-over-year decrease in April fol-lowing a 47.7% decrease in March. U.S. combine inventories were 21.5% lower year-over-year in March vs. down 18% the previous month.

April is typically a below-average month for combine sales, accounting for just 7% of annual sales over the last 5 years.

Row-crop tractor sales were down 16.6%, improving slightly from a 19.3% decrease in March. U.S. row-crop tractor inventories increased 1.8% in March vs. a 6.6% increase in February.

Typically, April is an above-average month for row-crop tractor sales, accounting for 10.6% of annual sales over the last 5 years.

4WD tractor sales saw a 42.3% year-over-year drop in April vs. a 23.7% decrease in March. U.S. dealer inventories were down 39.7% year-over-year in March.

Mid-range tractor sales increased in April, up 7.5% compared to the same period last year. Compact trac-tor sales increased 17.1% year-over-year, up from a 3.7% decrease the previous month.

Mid-Range Tractor Sales Rise in April

APRIL U.S. UNIT RETAIL SALES

Equipment April 2015April 2014

Percent Change

YTD 2015

YTD 2014

Percent Change

March 2015 Field Inventory

Farm Wheel Tractors-2WD

Under 40 HP 15,369 13,047 17.8 33,778 31,245 8.1 72,755

40-100 HP 5,986 5,479 9.3 17,430 17,147 1.7 33,773

100 HP Plus 2,615 3,260 -19.8 9,133 10,991 -16.9 11,414

Total-2WD 23,970 21,786 10.0 60,341 59,383 1.6 117,942

Total-4WD 268 586 -54.3 1,117 2,117 -47.2 959

Total Tractors 24,238 22,372 8.3 61,458 61,500 -0.1 118,901

SP Combines 583 886 -34.2 1,588 2,722 -41.7 1,395

APRIL CANADIAN UNIT RETAIL SALES

Equipment April 2015April2014

Percent Change

YTD 2015

YTD 2014

Percent Change

March 2015 Field Inventory

Farm Wheel Tractors-2WD

Under 40 HP 1,255 1,144 9.7 3,249 3,110 4.5 8,907

40-100 HP 475 531 -10.5 1,596 1,770 -9.8 4,108

100 HP Plus 516 492 4.9 1,615 1,642 -1.6 2,765

Total-2WD 2,246 2,167 3.6 6,460 6,522 -1.0 15,780

Total-4WD 162 159 1.9 381 489 -22.1 387

Total Tractors 2,408 2,326 3.5 6,841 7,011 -2.4 16,167

SP Combines 81 110 -26.4 331 523 -36.7 645

Assn. of Equipment Manufacturers

U.S. UNIT RETAIL SALES OF2-4 WHEEL DRIVE TRACTORS & COMBINES

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

30,000

28,000

26,000

24,000

22,000

20,000

18,000

16,000

14,000

12,000

10,000

8,000

6,000

2015 5 year average

2 Ag Equipment Intelligence/May/2015

AG EQUIPMENT INTELLIGENCE is published monthly for the farm equipment industry by Lessiter Publications, Inc., 16655 W. Wisconsin Ave, Brookfield, WI 53005. 2015 by Lessiter Publications, Inc. All rights reserved. Reproduction in any form of this newsletter content is strictly forbidden without the prior writ-ten consent of the publisher. Please send any address changes

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The Number of Big Dealer Groups Keep GrowingShortly after Ag Equipment Intelligences 2015 Big Dealer Report was sent to the printer, two more big dealers were reported and three more mergers were announced. These changes bring the total number of big dealers to 191.

We received reports that Meade Tractor, with 7 John Deere ag locations in Virginia, West Virginia, Tennessee and North Carolina, and Coufal-Prater, a John Deere dealer with 5 ag locations in Texas, should be included on the list.

Mazergroup, based in Brandon, Man., announced plans to purchase Southeastern Farm Equipment in Steinbach, Man., expected to be finalized July 1. Mazergroup wi