AASP-MN News June 2014

20
June 2014 www.grecopublishing.com

description

Official Publication of the Alliance of Automotive Service Providers Minnesota (AASP-MN)

Transcript of AASP-MN News June 2014

Page 1: AASP-MN News June 2014

June 2014

www.grecopublishing.com

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 1

Page 2: AASP-MN News June 2014

AASP News2 June 2014

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 2

Page 3: AASP-MN News June 2014

AASP News June 2014 3AASP News June 2014 3

CONTENTSVol. 22 No. 6

AASP of Minnesota is an association of independ-ently-owned automotive service businesses and industry suppliers dedicatedto improving the state’s auto-motive service industry andthe success of its members.

AASP News is the official publication of the Alliance of Automotive Service Providers, Minnesota, Inc. 1970 Oakcrest Ave., Suite 102 • Roseville, MN 55113 Phone:612-623-1110 • Fax: 612-623-1122 email: [email protected] • website: aaspmn.org. All rights reserved. To keep its readers better informed, AASP News allows itscolumnists to fully express their opinions. All views expressed are not necessarily those of the publication. AASP News is published by Thomas Greco Publishing, Inc.Cover image ©www.thinkstockphoto.com/m-gucci.

CALENDAR OF EVENTS

June 17, 201420th Annual AASP-MN Golf Outing

3M’s Tartan ParkLake Elmo, MN

For info: Contact AASP-MN at 612-623-1110 or 800-852-9071

AASP-MN BOARD MEMBERS 2014 - 2015

PRESIDENTJerald Stiele

IMMEDIATE PAST PRESIDENTDan Sjolseth, AAM

SECRETARY-TREASURER Tom Gleason

COLLISION DIVISION DIRECTORJoyce Weinhandl

MECHANICAL DIVISION DIRECTORGreg Kasel, AAM

ASSOCIATE DIVISION DIRECTORKevin Martin

COLLISION SEATMike Cox, AAMJim Siegfried, AAM

MECHANICAL SEATWayne Watson

STAFFEXECUTIVE DIRECTORJudell Anderson, CAE, AAM

OFFICE ADMINISTRATORJodi Pillsbury

MEMBERSHIP COORDINATORTom Kluver

PUBLISHED BY: Thomas Greco Publishing, Inc.244 Chestnut St., Suite 202 Nutley, NJ 07110PHONE: 973-667-6922 • FAX: 973-235-1963ADVERTISING: 800-991-1995 • [email protected]

PUBLISHER: Thomas Greco ([email protected])ADVERTISING DIRECTOR: Norman Morano ([email protected])MANAGING EDITOR: Alicia Figurelli ([email protected])EDITOR: Joel Gausten ([email protected])ART DIRECTOR: Lea Velocci ([email protected])OFFICE MANAGER: Sofia Cabrera ([email protected])

www.grecopublishing.com

COLLISION DIVISION DIRECTOR’S MESSAGE ..............................................4“Give Me One Good Reason I Should Do Business With You!”by Joyce Weinhandl, AASP-MN Collision Division Director

LEGISLATIVE UPDATE............................................................................5Impact of Minimum Wage Increaseby Kevin Walli, AASP-MN Lobbyist

LOCAL NEWS ....................................................................................6

NATIONAL NEWS ................................................................................9

MEET THE MEMBER ............................................................................12Greg Kasel, AAM - Downtown Tire & Auto, Hastings

F.Y.I. ................................................................................................15Painful Lessons For Employers Responding to Background Checks on Former Employeesby Chad A. Staul, Esq. & James B. Sherman, Esq.

COMPLETE HEALTH, ENVIRONMENTAL & SAFETY SERVICES (C.H.E.S.S.) ............17Detecting Carbon Monoxideby Janet L. Keyes, CIH, C.H.E.S.S., Inc.

CASH IN ON YOUR MEMBERSHIP!............................................................18Bankcard: The New Electronic Chip Cards Shift More Liability to Retailerby Mac Hardin, AASP-MN Bankcard Program

ADVERTISER’S INDEX

aaa Auto Salvage ............................13AmeriPride ....................................15Buerkle Hyundai ............................12Choice Auto Rentals ......................16Inver Grove Honda / Inver Grove Toyota ..14Jack McClard ................................13Keystone ........................................8Maplewood Toyota ........................16Mills Parts Center ..........................4Morrie’s ..........................................7

Motorwerks BMW ..........................IBCMotorwerks Mini ............................IBCMPA ............................................................10-11NAPA..............................................5PPG ......................................................OBCRosedale Chevrolet ........................8Roseville Chrysler Dodge Jeep Ram ..4Straight & Square ..........................14Toyota Group ..................................IFC

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 3

Page 4: AASP-MN News June 2014

These are words that all of us have heard from our customers.Can we answer them? Do we have to pause to think about it? Doesour staff have the right words to say? And, is the message consis-tent?

All of us business owners know the value of having that one,quality individual who is greeting our customers. Meeting our frontstaff is one of those “touch points” of our business that begins lay-ing the groundwork for our customers. It is this first encounter thathas an impact on our customers making the decision to do businesswith us. We all want to be that repair shop of choice. This takeswork, commitment, honesty and integrity. How do we display thisto our customers?

Listed below are seven “top picks” from our business that wehave used to help improve customer service in hopes that our cus-tomers choose to do business with us:1. Listen twice, talk once: It is important that we listen to whatour customers are asking us. We are the experts, that is true, but itis the customer’s vehicle and they have the right to make the deci-sions regarding their vehicle. Our job is to help guide them duringthe repair process.2. Make customers feel appreciated: Know them by name, be sin-

cere when talking with them and give them our undivided attention.There are so many distractions that occur throughout our work day,but we need to make sure that each customer is made to feel spe-cial.3. Know how to apologize: A customer once told me, it is not somuch that you made a mistake, it is more how you recover fromthe mistake! Knowing how to apologize and deal with problemsimmediately reassures the customer that you are validating theirconcerns.4. Give more than they expect: How do we set ourselves apartfrom the rest? We give our customers more than they expect. Ourfuture lies within our customers and retaining our current customerbase is essential to our business success.5. Encourage customer feedback: It is important to encourage ourcustomers to tell us how we are doing and where we can improve.The key point here is to listen to the feedback and make changesas appropriate.6. Keep the customer informed: “A perfect product you deliverlate is a defective product” (Solomon). We all are aware of the tightrestraints on cycle time and the shop next door, but a well-informedcustomer is a happy customer and if they are told from the

“Give Me One Good Reason I Should Do

Business With You!”

AASP News4 June 2014

COLLISION DIVISION DIRECTORÕS MES-

by Joyce Weinhandl,AASP-MN Collision Division Director

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 4

Page 5: AASP-MN News June 2014

Month Year

beginning what to expect, they are very un-derstanding. 7. Listen to employees: They are our in-ternal customers and listening to their feed-back is critical to continue to improve ourbusiness. Our employees are our voice out-side of the workplace. We want them to beproud of where they work and we wantthem to spread the word.

Providing a consistent word track andimproving upon those “touch points” ofour business will help to improve our abil-ity to gain and retain our customers. As aresult, they will say, “Yes, I do want to dobusiness with you!”

WelcomesNew MembersAPRIL 2014

AASP News June 2014 5

LEGISLATIVEUPDATE

Impact of Minimum Wage

Increase by Kevin Walli, AASP-MN Lobbyist

After nearly two years of debate, theMinnesota Legislature has amended thestate’s minimum wage law. The battle lineshad been drawn between business organi-zations such as the Minnesota Chamber ofCommerce and National Federation of In-dependent Businesses on the one hand andorganized labor on the other.

The minimum wage increase will bephased in over a period of three years. OnAugust 1, 2014, the state minimum wagewill rise to $8.00 per hour. On August 1,2015, the minimum wage will go to $9.00per hour. On August 1, 2016, the minimumwage will reach $9.50 per hour. The adjust-ments to the minimum wage apply to busi-nesses with gross sales in excess of$500,000 per year.

For smaller businesses (gross sales

below $500,000 per year), the minimumwage moves to $6.50 per hour on August1, 2014, $7.25 per hour on August 1, 2015and to $7.75 on August 1, 2016.

The $7.75 minimum wage rate alsoapplies as a 90-day training wage for 18and 19 year olds and becomes the hourlyrate for all 16 and 17 year olds going for-ward. Beginning in 2018, all wages wouldincrease each year on January 1 by a statu-torily determined inflation factor. The lawdoes provide that the inflation adjustmentcannot be greater than 2.5 percent in anyyear.

AASP-MN members who have addi-tional questions should reach out to the As-sociation. We will be happy to provideadditional information in response to mem-ber inquiries.

Advantage Data SystemsCarver

All J’s Tire CenterMinneapolis

Auto Haus Collision & Motorworks

New Hope

Dick & Rick’s AutoBloomington

Kevin Murphy's Auto Center

Faribault

Mercer AutomotiveKerrick

Merit ChevroletMaplewood

NAPA Auto & Truck PartsNew Ulm

Parts Department ofFaribaultFaribault

Venburg Tire Co.Maplewood

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 5

Page 6: AASP-MN News June 2014

AASP-MN Awards $15,000 in ScholarshipsThe Alliance of Automotive Service Providers of Minnesota (AASP-MN) awarded $15,000 in scholarships to help post-secondary

automotive students pay for tuition during the 2014-15 school year. The scholarships are in the amount of $1,000 per student and weremade possible by a successful fundraising drive within the AASP-MN membership, as well as a generous donation from the MinnesotaState I-CAR Committee. All recipients will be entering the second year of a NATEF-certified automotive program based in Minnesota.

Congratulations to this year’s recipients!

• Anthony Ammann, Century College, White Bear Lake – Automotive Service Technology program• Tyler Anderson, Hennepin Technical College, Brooklyn Park – Auto Body Collision Repair program• Courtney Bisbee, Lake Superior College, Duluth – Automotive Service Technology program• Matthew Bisbee, Lake Superior College, Duluth – Auto Body Collision Repair program• Tyler Bode, South Central Technical College, No. Mankato – Automotive Service Technology program• Luis Garcia, Ridgewater College, Willmar – Automotive Service Technology program• Levi Gustafson, Riverland Community College, Austin – Automotive Service Technology program• Tyler Hoyles, Dakota County Technical College, Rosemount – Automotive Service Technology program• Austin Rikhus, MN State Community & Technical College, Moorhead – Automotive Service Technology program• Michael Torgerson, Pine Technical College, Pine City – Automotive Service Technology program• Seth Schure, MN State College Southeast Technical, Winona – Auto Body Collision Repair program• Alex Winder, Dakota County Technical College, Rosemount – Auto Body Collision Repair program• Joseph Wright, Dakota County Technical College, Rosemount – Auto Body Collision Repair program• Peter Yang, Hennepin Technical College, Brooklyn Park – Auto Body Collision Repair program• Christopher Yanish, Hennepin Technical College, Eden Prairie – Auto Body Collision Repair program

Twenty-seven students from 12 schools applied for the scholarships. Applications were reviewed by a committee of industry repre-sentatives, with consideration given to scholastic achievement, education and career goals, financial need and written recommendations.

The scholarship awards are the centerpiece of AASP-MN’s Automotive Education Fund, which was established to provide financialresources to support automotive students, enhance automotive programs and raise awareness of career opportunities in the independentautomotive service industry.

Fox Valley Technical College Industry TrainingFox Valley Technical College (FVTC) is a nationally-recognized and ASE-Certified CASE (Continuing Automotive Service Edu-

cation) provider of Collision Damage Assessment and Auto Collision training. Customized training and seminars are provided using in-struction that emphasizes hands-on, practical application of skills. Training is conducted in its state-of-the-art facilities and includes the

use of actual vehicles throughout the training experience. New hires and role-changing employees are ideal candidatesfor this training and technical assistance and consulting services are also available.

FVTC offers seminars for every level of estimator that include hands-on estimating and actual vehicle repair togain a comfort level with judgment decisions on repair versus replacement. OEM-specific repair strategies are ever-changing and estimators must learn how and where to get information while writing the estimate. Hands-on aluminumrepair, welding, frame straightening, and suspension alignment training for technicians are just a few of the topicstaught. Check out what’s offered at www.fvtc.edu/cdat.

LaMettry’s Donates Recycled Ride to Local FamilyIn honor of Memorial Day, AASP-MN member LaMettry’s Collision recently

donated a fully-restored 2008 Ford Edge to a fallen soldier’s family. State Farm do-nated the car and the LaMettry team, with the assistance of many of its business part-ners, completed the restoration.

The vehicle was presented to the Xiong family, who reside in St. Paul. ChorXiong, the father, was a Freedom Fighter in Southeast Asia. As the Vietnam Warwas ending, he and his family came to the U.S. Subsequently, two of his sons joinedthe American military. One son, Kham, was a victim of the Ft. Hood shooting in2009. A second son is currently serving in Afghanistan.

Recycled Rides is a nationwide program in which collision repairers, insurers,suppliers and vendors collaborate to refurnish and donate vehicles to individuals,families and service organizations in need. A program of the National Auto BodyCouncil, hundreds of vehicles are gifted each year through the Recycled Rides Pro-gram.

Kudos to LaMettry’s for supporting this worthy cause!

LOCAL NEWS

What’s Wrong With This Picture?

The three-prong plug shown on this ungrounded fan doesn’tground the fan.

AASP News6 June 2014

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 6

Page 7: AASP-MN News June 2014

Program SponsorsAASP National

AkzoNobel Performance CoatingsAuto Care Association

Auto Value Parts Stores/APHAutoshop Solutions

Bill Smith FoundationCarbench

CARQUESTDent ImpressionsDentsmart PDR

Keystone AutomotivePPG Automotive Finishes

WorldPac

Hospitality Sponsors3M

aaa Auto PartsAAA Minnesota/Iowa

Aeromotive Services, Inc.AmeriPride Services

AudaExploreAxalta Coating Systems

BASFCBIZ AIA

CCC Information ServicesChoice Auto RentalDorman ProductsHertz Corporation

IDENTIFIXInver Grove Ford Lincoln

Keystone AutomotiveLowell’s Performance Coatings

Malco Products, Inc.Meadowbrook InsuranceMidwest Parts Advantage

Mitchell InternationalMitchell1

Noble Conservation SolutionsNorton Automotive Aftermarket

O’Reilly Auto PartsPAM’s Auto, Inc.

Pro PaintSherwin Williams

Suburban Chevrolet

AASP News June 2014 7

NEWON THE

• New Sales Tax Fact Sheets for Auto Body Repair & Service and Mechanical Repair & Service

• Press Release and Body Repair News from American Honda; one referencing welding and sectioning guidelines, and the other regarding 2015 Honda Fit new model repair procedures.

• And more!Visit www.aaspmn.org

TODAY!

AASP-MN WEBSITE

Thank You to Our Sponsors!imag

e ©w

ww.think

stockph

oto.com/ka

rand

aev

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 7

Page 8: AASP-MN News June 2014

AASP News8 June 2014

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 8

Page 9: AASP-MN News June 2014

higher cost of the aluminum that would reduce weight and improve fuel economy.In January, Ford officially launched the 2015 F-150, which expands the use of high-

strength steel in addition to aluminum, at the Detroit International Auto Show. I-CARlaunched its F-150 structural repair course June 1.

General Motors is also reported to be looking at introducing an aluminum-bodied Sil-verado. Edmunds believes consumers could see aluminum SUVs from Ford in the next fiveto six years.

SCRS Examines Repairer Ability to Control Data FlowArticle details ways repairers may be able to manage how

“data pumps” access file informationMany repairers are unaware of the breadth of data being extracted from their servers,

where it is being extracted from, what settings they could employ to better control the flowof information, or even how that information may be used beyond its intended purpose.For years, the Society of Collision Repair Specialists (SCRS) has alerted its members aboutthe potential risk and liability associated with inadequate control over estimate data andbusiness information.

As one recent example, SCRS was notified of growing concerns relative to the collec-tion of data through participation in the PartsTrader parts procurement program. As theprogram rolled out across the nation, more questions began to arise when end-users noticedkey identifying information from non-State Farm estimate files populating their PartsTraderdashboard. The repairer concern surrounds the amount of non-voluntary information beingprovided through the data collection process which could offer valuable information sur-rounding market volume and shop volume, raising further concerns over the potential ofviolating agreements with non-involved carriers by sharing information with an unrelatedthird-party.

SCRS researched the issue with PartsTrader and each of the estimating systemproviders to identify the means and extent in which the data is being accessed and collected;and to inquire if repair facility end-users have options to restrict non-required data frombeing collected, accessed or shared. As a result of that research, SCRS issued an articleoutlining the resulting responses from each of the technology organizations. The articleconcludes that:  

• Technology has increased the ability to communicate information amongst businesses; however, the increase of applications that indiscriminately extract data in the background for unknown or unintended purposes is a concern for repairers who have obligations to protect data generated by their business.

• There are advancements being made, or already in place, from some estimating system providers which allow collision repair facilities to maintain better control over the data files being exported from the estimating systems to other data collection sources.

• The solutions and options for each estimating system vary, so it is important to compare capabilities of the software programs relative to features that allow greater control over unwanted data transfer, and to make any necessary profile changes in line with individual business practices.  

To read the full article with responses, go to: http://scrs.com/data/ uploads/2014-april-scrs-examines-repairer-ability-to-control-data-flow.pdf.

AASP News June 2014 9

AAIA Now the Auto Care AssociationThe Automotive Aftermarket Industry

Association (AAIA) officially announcedit has changed its name to the Auto CareAssociation. For more than a year and ahalf, the association conducted an extensiverebranding initiative, culminating at a spe-cial luncheon celebration during the asso-ciation’s Spring Leadership Days inHuntington Beach, CA, where the an-nouncement was made.

“The launch of the new brand comesat a key moment for the auto care industry,and we aim to use the momentum gener-ated by the rebrand to build on our workacross the industry,” said KathleenSchmatz, president and CEO, Auto CareAssociation. “Our new brand will better en-able us to champion for the auto care indus-try with state and national policymakerssince it articulates upfront the scope andvalue of the work we deliver.”

“Our government affairs team willcapitalize on our clearer and more memo-rable messaging so they spend less time ex-plaining who we are and more timefocusing on the issues important to our in-dustry and our members,” said Schmatz.“For consumers, our new brand will helpensure they fully understand the qualityauto care they can receive from our mem-bers. We will continue to provide informa-tion about the importance of vehiclemaintenance and care through the ‘Be CarCare Aware’ consumer education cam-paign.”

“The volunteer leaders and profes-sional staff of the Auto Care Associationare more ready than ever to stand by andfor our members, so the industry — and itsfull size, scope and impact — can receivethe credit and recognition it deserves,” con-cluded Schmatz.

Ford Explorer and Expedition May Go Aluminum

Collision repairers worried about thereturn on investment in aluminum repairtools and equipment needed to repair the2015 Ford F-150 coming out this fall mayhave additional opportunities to use theirnew kit in the coming years.

According to a report on Edmunds.com,the Ford Explorer and Expedition may alsobe candidates for conversion to aluminumbody structures in the future. According tothe report, the higher price of these SUVsmeans they are better able to sustain the

NATIONAL NEWS

HAVE YOU “LIKED” US???AASP-MN has a Facebook page! Stay up to date on Association activities, news and more by visiting

http://www.facebook.com/aaspmn

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 9

Page 10: AASP-MN News June 2014

AASP News10 June 2014

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 10

Page 11: AASP-MN News June 2014

AASP News June 2014 11

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 11

Page 12: AASP-MN News June 2014

Please give a brief history of your career in the auto repair in-dustry, including your current title & any key employees.I actually started working here part-time pumping gas when I wasin high school. My father purchased the business in 1983 from theformer owner. After high school, I went on to Dakota County Tech-nical College and in 1986 I came on as a full-time employee. In1998, my dad retired and I took over. Today, the shop consists of aservice advisor, two techs and myself.

What initially inspired you to joinAASP-MN, and more recently, itsBoard of Directors?We became an AASP-MN memberaround 1999, mainly for the educationaland training offerings. When I was askedto join the Board, I couldn’t say no! I hadalready been a part of the MechanicalAdvisory Committee, and felt it would bea good opportunity. The Association doesa great job of keeping people informed ofwhat’s going on in the industry, and get-ting the ball rolling when change isneeded.

What do you do when you are not in the shop?I’m a really big fan of classic cars and trucks, so I like to work onthem in my spare time. I also collect vintage beer cans, and to un-wind, my wife Kari and I enjoy going camping and getting awayfrom it all.

What trait do you appreciate most in other people?The traits I value most in other people are honesty, and the abilityto be flexible or open to suggestion.

Do you or your shop participate in any charity/volunteer or-ganizations? Our shop used to participate in the Hastings Community Car Careprogram, which would provide auto repairs to single mothers in the

community. The program has sinceended, but we did support it when it wasactive.

What is your biggest and best accom-plishment?I’m extremely proud that I’ve been ableto provide for my wife and two children.It’s also a great feeling knowing that thebusiness has been kept alive and strongfor 16 years, and has gone on to supportfour families in our community.

AASP News12 June 2014

Greg Kasel, AAMDowntown Tire & Auto, HastingsMember Since: 1999

MEET?THE MEM-

The Downtown Tire & Auto Staff (L to R):Todd (technician); Dave (technician); Greg (owner); and Khalil (service advisor).

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 12

Page 13: AASP-MN News June 2014

AASP News June 2014 13

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 13

Page 14: AASP-MN News June 2014

AASP News14 June 2014

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 14

Page 15: AASP-MN News June 2014

To give or not to give: That is the ques-tion - at least when it comes to whether orhow to respond to another employer’s ques-tions about one of your former employees aspart of its background check. As the follow-ing two cases and others like them illustrate,providing references on former employeesas part of another employer’s backgroundcheck, whether positive or negative, can bea risky proposition.

It seems understandable that even if anemployee leaves on bad terms the employermight want to take the high road and givethat employee a positive employment refer-ence. Call it “Minnesota nice.” But a 2012federal court decision found that an em-ployer’s glowing reference given for an em-ployee it had terminated undermined itsposition in court that the termination wasjustified based on the employee’s miscon-duct. The result was that the employee wasallowed to proceed to trial with claims ofage discrimination.

In Kragor v. Takedo Pharmaceuticals ofAmerica, Inc., the court held that a positivereference the employer gave to a prospectivenew employer for its recently terminatedemployee contradicted its defense in courtthat the employee was lawfully dischargedfor misconduct. These differences - betweenwhat the employer represented in court andwhat it said to a third party seeking a job ref-erence - were enough for the court to allowa trial on the employee’s claim that the realreason for her termination was age discrim-ination.

As this case demonstrates, helping aformer employee find a job may actuallywind up also helping that person in a lawsuitagainst their former employer!

More recently, in Minke v. City of Min-neapolis, the Minnesota Supreme Court al-lowed a trial to proceed in a case involvingan employee’s challenge to a negative refer-ence given by his former employer.

In this case, the plaintiff resigned fromthe Minneapolis police academy and appliedfor work at the Mounds View Police Depart-ment. As part of the application process, theemployee authorized Mounds View in writ-ing to contact his supervising sergeant withthe Minneapolis Police Department forbackground information. Apparently the em-ployee felt his former supervisor had lessthan flattering things to say about him be-cause after he failed to get the job, he suedthe City of Minneapolis for defamation andtortious interference. The suit claimed theemployee was not hired because his formersupervisor in Minneapolis made defamatory

statements to Mounds View during its back-ground check, including “attacks on [his]honesty, integrity, character, work ethic andperformance.” Despite the fact that theplaintiff had expressly authorized his formeremployer in writing to provide his prospec-tive employer with a review of his perform-ance as part of its background check, thecourt allowed the defamation claim to pro-ceed to trial.

In its decision, the Minnesota SupremeCourt noted that although “[i]t is certainly inthe public interest that [information about aformer employee] be readily available toprospective employers,” it is also “importantto protect the job seeker from malicious un-dercutting by a former employer.” The Courtnoted that Minnesota Statutes § 181.967 (ashield statute heavily supported by businessgroups) was an attempt by the legislature tobalance these competing interests by detail-ing information employers can provide toprospective employers or employment agen-cies about current or former employees,while describing in great detail how that in-formation must be disclosed in order to

shield employers from claims for defama-tion.

Neither the shield statute, nor the factthat the plaintiff in this particular case hadgiven his written authorization for his for-mer employer and supervisor to respond toa background check, proved fatal to the en-suing defamation lawsuit.

This new decision provides yet anotherlesson on why, absent some legal obligationto disclose, employers are well served to re-main tight lipped when asked for referencesor background information about formeremployees.

For experienced guidance in dealingwith inquiring employers and crafting poli-cies and procedures dealing with employmentreferences that do not provide a former em-ployee with information to further any poten-tial cause of action against you, contactJames B. Sherman or Chad A. Staul at (952)746-1700, or email [email protected] or [email protected].

AASP News June 2014 15

F.Y.I

Painful Lessons for Employers Responding to Background Checks on Former Employees

By: Chad A. Staul, Esq. & James B. Sherman, Esq.

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 15

Page 16: AASP-MN News June 2014

AASP News16 June 2014

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 16

Page 17: AASP-MN News June 2014

COMPLETE HEALTH, ENVIRONMENTAL & SAFETY SERVICES (C.H.E.S.S.)

By Janet L. Keyes, CIH, CHESS, Inc.

AASP News June 2014 17

Carbon monoxide is a byproduct ofcombustion. Any time you burn somethingcontaining carbon, you can produce carbonmonoxide. With exactly the right oxygen/car-bon mix, you might get complete combus-tion, forming water and the relativelyharmless carbon dioxide. But if conditionsaren’t just right, carbon monoxide forms.Smokers have higher levels of carboxyhe-moglobin (hemoglobin carrying carbonmonoxide instead of oxygen) than non-smokers, because they’re breathing thecombustion products of tobacco. Cars haveexhaust systems designed to remove carbonmonoxide, because running a car requiresburning gasoline. Residences are requiredto have carbon monoxide alarms, becausenatural gas appliances can produce carbonmonoxide.

At high levels, those above 1200 ppm,carbon monoxide (CO) can kill within anhour. Levels around 400 ppm will make youfeel sick and give you a bad headache afteran hour or two. You could get those levelsif a fuel-burning appliance like a furnacemalfunctions or if you operate small en-gines in enclosed places (an example: a gas-powered pressure washer in a basement).Lower levels of CO can cause heart dam-age, of particular concern to anyone withexisting heart disease.

Vehicle repair shops are running cars inand out all day. You’re heating your shopsin winter. If you paint, your painters mightbe using air from a compressor, which couldoverheat and produce carbon monoxide.How do you know that you’re not poisoningworkers with CO? Easy answer: Ventilateand monitor.

Both building codes and MinnesotaOSHA require building ventilation to con-trol carbon monoxide. If you repair vehicles(whether mechanical or collision), youshould have general exhaust ventilation,able to remove air near the floor (becausethat’s where tailpipes are usually found). Ifyou need to run engines, you also needtailpipe exhaust. You can run a hose fromthe tailpipe right outside, as long as the hoseis less than 10 feet long.

There’s no requirement to monitor forcarbon monoxide in repair shops, althoughyou are required to keep levels averagingless than 35 ppm. If you have a good ex-haust ventilation system, keep your heatingappliances in good shape and minimize how

much engines are operated indoors, youprobably don’t have to worry about moni-toring.

There is one case when monitoring forcarbon monoxide is required. If yourpainters wear airline respirators, using airfrom your compressors, you need to moni-tor the air they’re breathing. You must pro-vide Grade “D” breathable air, which meansthere are stricter limits than general shopair: A ceiling limit of 10 ppm instead of aneight-hour average of 35 ppm. If compres-sors overheat, they can produce their ownCO. If their air intake is poorly located,such as right by your tailpipe exhaust vent,they can draw in CO.

The easiest way to monitor the airlineair is with an inline CO monitor – providingit works correctly. If your compressor has ahigh temperature alarm, you can periodi-cally check the air from your filtration unitthat’s going into the respirator hood instead.But that typically requires more recordkeep-ing than using an inline monitor.

Carbon monoxide alarms need to besensitive enough to respond to the levels ofconcern. Household CO alarms have solidstate sensors, set to go off if levels are above100 ppm for 90 minutes or 400 ppm for fif-teen minutes. They’re just sensitive enoughto give you a heads-up that you need to getout. They won’t warn you about the lowerlevels that can cause long-term damage.

Parking garages also often use solidstate sensors. These are often connected toventilation systems, so if levels go above 35or 50 ppm, the ventilation will kick on.These sensors can last a long time, but theydo drift, so regular calibration is needed.

Solid state sensors don’t work well forairline systems (although we’ve seen themused there). They’re not sensitive enough toreliably respond to 10 ppm. Their accuracyis affected by changes in temperature andhumidity. And they have a lot of cross-sen-sitivity, so they could respond even whenCO isn’t present.

For airline systems - or to be sure thatemployees are not exposed to more than theOSHA workplace limit - we typically useelectrochemical sensors attached to the air-lines. They’re very accurate and don’t havethe cross-sensitivity issues of solid statesensors. The disadvantages? They need reg-ular calibration, because they’ll drift. Andthey typically don’t last as long as solidstate sensors. But they’re much better suitedfor detecting low levels of carbon monox-ide.

When you install or replace a carbonmonoxide monitor for an airline system, askyour supplier if the CO monitor sensor willreliably and accurately respond to 10 ppm.Opt for one with a digital read-out. And beaware that the best sensors for airline respi-rators will need to be replaced every coupleof years and will need calibration. Ask fora demonstration of how to calibrate (itshould be quite easy).

There are other ways to monitor forcarbon monoxide. Facilities that use LP-powered forklifts are required to monitorworkplace CO levels at least quarterly. Forthem, colorimetric diffusion tubes, smallglass tubes holding a substance that changescolor in proportion to the time of exposureand the concentration, work well. Colori-metric tubes can be used to get immediateresults, too.

Even though vehicles produce muchless carbon monoxide than they used to, itstill can be a concern. Minimize how muchis produced: Keep combustion appliancestuned up. Control it when it must be pro-duced: Install and use exhaust ventilationsystems. And accurately check how muchis produced: Use the appropriate carbonmonoxide sensors, calibrated often enoughto be confident of results.

If you have questions about carbonmonoxide alarms, airline respirator systemsor safety in general, contact CHESS at 651-481-9787; toll free at 877-482-4377, [email protected].

Detecting Carbon Monoxide

Carbon monoxide is a sneaky killer. You can’tsmell it. It doesn’t produce a blue haze. Theonly way you know if it’s present is by monitor-ing for it – or by people getting sick.

imag

e ©w

ww.think

stockph

oto.com/leekris

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 17

Page 18: AASP-MN News June 2014

AASP News18 June 2014

A major change is coming in bankcard processing that will af-fect you. Over the next year and a half, Visa, MasterCard, Discoverand American Express will be issuing credit and debit cards thatcontain an electronic chip.

This is being done as the “bad guys” of the world increasinglyfind ways to change data on the card’s magnetic strip. It is entirelypossible that a card with an altered magnetic strip has been pre-sented in your shop. Chances are you, as a shop owner, never knewit was fraudulent, processed the transaction, and were paid by yourcredit card processor just like normal.

To cut down on fraud due to an altered magnetic strip, cardcompanies will soon begin issuing credit and debit cards with anelectronic chip on the front, while also maintaining the traditionalmagnetic strip on the back. With this change, there will also be ashift in the liability of swiped credit card transactions which turnout to be fraudulent.

If, by October 1, 2015 your shop has not invested in upgradedterminals or other equipment capable of reading electronic chips,and instead you continue to swipe and read each card’s magneticstrip, the liability for any fraudulent sales will shift to you. Thecard companies will no longer absorb it.

So, while you will still be able to process cards with your

present terminal and equipment even after October 1 of next year,you will be doing so at the risk of accepting a card with an alteredmagnetic strip. When this happens, you will be on the hook for thecost of any fraudulent transactions. The only way to avoid this riskwill be to invest in equipment capable of reading electronic chips.

If you use AASP-MN as your bankcard processor, we alreadyhave chip-reading terminals available. These terminals can readboth a chip and a magnetic strip, so you will have no problem withcards presented in your shop that don’t yet have a chip. And it’simportant to note that members on AASP-MN’s program alwaysreceive preferential equipment pricing, resulting in the lowest pos-sible price.

If you don’t use AASP-MN, you’ll need to ask your bankcardprocessor what equipment they will make available to you. Ifyou’re processing directly through a point-of sale system, card chipreading equipment would come from your POS supplier.

For additional information on processing the new electronicchip cards, or if you would like to find out if AASP-MN’s bankcardservice can save you money, please contact Mac Hardin at 800-999-4399 or by email at [email protected]. Mac isavailable to assist AASP-MN members with all of their bankcardprocessing questions and needs.

Cash in on Your Member-

Bankcard: New Electronic Chip Cards Shift More Liability to Retailer

By Mac Hardin, AASP-MN Bankcard Program

WORKERS’ COMP INSURANCEMeadowbrook Insurance GroupContact: Scott Murphy763-549-2243 / [email protected] scheduled credit makes Meadowbrook oneof the most competitive programs around for Worker‘sCompensation insurance. In addition, members areeligible to receive an annual dividend based on thegroup’s loss ratio. For more information, log on towww.wcpolicy.com/aaspmn.

PROPERTY/LIABILITY INSURANCECBIZ AIAContact: Dennis Spindler763-549-2238 / [email protected] AIA will present AASP-MN members with quotesfrom multiple carriers for property/liability insurance andmembers can choose the program that best fits their sit-uation. As an added bonus, CBIZ AIA will offer membersan exclusive 10% discount on their property/liability in-surance premiums.

UNIFORM & LINEN SUPPLIESAmeriPride ServicesContact: Jim Dillon651-955-1398 • Fax: 952-738-3318 [email protected] pricing to members on rental of uniforms,entrance mats, shop rags, etc. Purchases are also dis-counted. Members receive annual rebate equal to10% of their business with AmeriPride each year.

CREDIT CARD PROCESSINGAssociation BankCard ServicesContact: Mac Hardin952-933-2026 • Fax: 952-933-4595 [email protected] rates for AASP-MN members. Terminalsand printers sold at cost. Monthly rental of equipmentis also available.

INDUSTRIAL & PAPER PRODUCTSWipers & Wipes, Inc.Contact: Dennis JulsonPhone: 651-486-4866 Fax: 651-486-4859 Discounts on industrial supplies and paper products.Free, next-day delivery is available in the metro area.Shipping free to outstate members with $100 pur-chase.

WEBSITE AND INTERNET MARKETING SOLUTIONSNet DrivenContact: Jon Napoli218-623-7351 / 218-310-7285Net Driven is a market leader in website and internetmarketing solutions designed exclusively for the auto-motive industry. Net Driven assists independent tire andautomotive industry dealers who are looking to increaserevenue by selling more tires, service, and wheels.AASP-MN members who choose Net Driven are eligiblefor a $500 discount off their 1st year setup fees. Formore information, contact Jon Napoli.

StormlogixContact: Paul Switzer732-364-1156 / [email protected] extends a discount on its website pack-ages to AASP members. Costs can be spread outover 6 months.

TECHNICAL INFORMATION HOTLINEIDENTIFIXPhone: 800-288-6220 Fax: 651-633-2188Members enjoy discounted prices on the industry’s#1 technical information hotline. One free call is ex-tended to all first-time AASP-MN member callers.

BUSINESS FORMS/CALENDARSAASP-MNContact: Jodi PillsburyPhone: 612-623-1110 or toll free 800-852-9071 Fax: 612-623-1122 / [email protected] rate on printed business forms and calendars.

SHOP SERVICESSummit Software & Mobile SolutionsContact: Frank Terlep 888-377-2661 /[email protected]. Website: www.emarketingsherpas.comAASP members receive a $50 discount on their an-nual e-Marketplace subscription, a digital marketingsystem that includes mobile phone apps and a com-plete customer service, sales, marketing, advertisingand communication platform.

INFORMATION PROVIDERSMitchell1Contact: Mitchell1 RepresentativePhone: 888-724-6742 x 6986AASP members are eligible for special Mitchell 1 infor-mation and management programs at significant dis-counts. For more information, log onto www.mitchell1.comor contact the Mitchell 1 representative at 888-724-6742,X6986.

Mitchell International Contact: Mitchell International Representative Phone: 800-238-9111AASP members receive a 15% discount on any MitchellRepairCenter TechAdvisor package. Visithttp://repaircenter.mitchell.com/Catalog/OEMRepair.aspx for more information.

PAYROLL PROCESSINGCBIZ PayrollContact: Bob Willbanks612-298-1176 / [email protected] receive 20% discount off standard payrollproducts and services (excluding 401k). Members whoswitch prior to June 30 will receive first month of payrollprocessing free.

CHECK GUARANTEE SERVICESCertegy Check ServicesContact: Heather Ellis952-240-5017 / [email protected] rate of .75% to AASP-MN members. Use existing credit card terminal. Fast claim payments.

MANAGEMENT SYSTEMSShop-Probe Auto Body Management System800-524-8104 / www.shopprobe.comShop-Probe is one of the most user-friendly and afford-able collision management systems on the market today.The system interfaces with every major estimating sys-tem as well as the QuickBooks accounting system.Shop-Probe’s excellent customer support and personalattention to detail is what sets it apart from the compe-tition. AASP members receive a 10% discount off theprice of the management system and any add-on prod-ucts. Call for more information.

BUSINESS COACHING180BIZ540-833-2014 / [email protected]: www.180biz.com180BIZ offers BUSINESS COACHING to AASP mem-bers at a steep 20% discount! One Eighty Business So-lutions LLC (180BIZ) has been helping shop ownersincrease profits and car count while decreasing stresssince 2003. AASP members receive a discount on veryaffordable one-on-one coaching plans without long-term commitments and complicated contracts. 180BIZoffiers a risk-free trial of their services. To learn more,please call or email us, or visit our website.

REPLACEMENT PARTSDorman ProductsPhone: 800-868-5777, ext. 5329Website: www.dormanproducts.comAASP members receive insider information, specialaccess and other perks from Dorman Products, aleading supplier of dealer “exclusive” automotive re-placement parts.

LEGAL CONSULTATIONFryberger, Buchanan, Smith & FrederickPhone: 800-496-6789 Fax: 218-725-6800Members receive free, over-the-phone legal assess-ment and consultation (some restrictions apply) withan attorney who specializes in the area of law that isthe subject of the call.

AASP-MN MEMBER BENEFIT PROGRAMS

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 18

Page 19: AASP-MN News June 2014

AASP News June 2014 19AASP News June 2014 19

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 19

Page 20: AASP-MN News June 2014

AASP_Jun14.qxp_AASP News 10/7/15 5:57 PM Page 20