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December 4, 2018 Week In Connections

CAWA has Reached Out to its Members Who Potentially Could be Affected by Both the Camp and Woolsey Fires in Northern and Southern California
To date here is what we know:
  • Brake Parts Supply in Chico had 3 employees lose their homes. Tim Hunzeker is the owner. CAWA contributed funds to their "go fund me" account (you can donate here).
  • Riebe's Auto Parts in Paradise had 12 employees lose their homes. Bart Riebe is the owner. CAWA contributed funds to an account being administered by the NAPA Sacramento Distribution Center to help Riebe's employees (you can donate here). 
  • I have suggested and provided information to both Tim and Bart to reach out to the Automotive Aftermarket Charitable Foundation (www.aacfi.org) which has funds to support aftermarket associates in these catastrophic events. Also, the Collision Industry Foundation's Disaster Relief Task Force can give support to industry employees. See here.
Please consider donating to these two companies so they can assist their employees in this time of need. CAWA's wishes all those who suffered as a result of these recent fires, the best in moving forward in their long journey toward recovery.


Former Chairs of the CAWA Board of Directors Participate in the 2018 Red Vest Ceremony
CAWA has been built upon volunteers who have contributed to the evolution of the Association throughout the years. At this year's dinner gala, exclusively sponsored by Motorcar Parts of America, former chairs of the board participated in the red vest ceremony where 2018 chair, Jack Gosnell of Next Level Parts, was presented with his red vest for his service to the Association.

From l to r -Michael Antonelli (2017), Steve Sharp (2012), Jack Gosnell (2018), Ward Myers (2015), Dave Finley (2009), Ron Aparicio (2014), Greg Livingston (2016) and Robert Terrill (2003)

Recent Election Update in Arizona
Arizona flag With the outcome of the 2018 midterm elections, the political landscape in Arizona has changed with Democrats securing unprecedented contemporary election victories in federal and state elected offices. In particular, the successful campaigns of Krysten Sinema, Katie Hobbs and Kathy Hoffman for US Senate, Arizona Secretary of State and Superintendent of Public Instruction, respectively, are significant, as these campaigns represent statewide victories that were previously held by Republican candidates for a combined average of approximately 20 years each. Democrats picked up Congressional District 2 (southern Arizona), with the election of Congresswoman-Elect Ann Kirkpatrick. The seat was previously held by Congresswoman Martha McSally (R). All congressional incumbents won their respective re-elections. The other open seat in CD 9 (Greater Phoenix Area) remained Democratic with the election of Congressman-Elect Greg Stanton, the former Mayor of Phoenix. From a state government perspective, the Arizona House of Representatives significantly closed the gap between the Republican majority and the Democratic minority, creating a 31-29 lower chamber composition. Previously, Republicans controlled the House by a 35-25 margin. The Arizona Senate remains a 17-13 Republican Majority. Likewise, Governor Ducey (R) won re- election to a second term by securing 58% of the vote.

Despite the political rhetoric of Arizona turning purple, it is important to recognize that the Governor's Office and the Arizona Legislature remain in Republican control, though, admittedly by a narrower margin in the House. The House is expected to particularly unpredictable, as it takes only one Republican member to form a coalition with the Democratic minority to block legislation to two Republican members to combine with the minority caucus to advance legislation. This situation will likely be tested the most during the debate on the state budget in which there is approximately a $1billion surplus available for the upcoming fiscal year. For further information contact our Arizona based legislative advocate, Stuart Goodman at 602.617.5708 or [email protected].


Recent Election Update in Nevada
Nevada flag Nevada's 2018 elections reflected the "blue wave" predicted by many for this election cycle. On the federal level, both U.S. Senators are now Democrats, with incumbent Republican Dean Heller losing a race for the first time in his political career to Representative Jacky Rosen. In the U.S. House, three of four Representatives are Democrats, which is unchanged from 2016. Representative Mark Amodei, who represents most of northern Nevada, is the sole Republican in the state's federal delegation. On the state level, Nevada's Governor's Office will be occupied by a Democrat for the first time in over 20 years with the defeat of Republican Attorney General Adam Laxalt by Clark County Commissioner Steve Sisolak. Additionally, the state's Lieutenant Governor, Attorney General, Treasurer, and Controller will be Democrats, with incumbent Secretary of State Barbara Cegavske the only one of the state's previously entirely Republican constitutional officers to be retained by voters. In the Legislature, both houses remain under Democratic control, and those majorities have grown since 2016. In the State Assembly, Democrats now hold 29 of 42 seats, enough to override vetoes and pass tax increases. In the State Senate, however, they are one seat shy of such a supermajority, holding 13 of 21.

In a post-election interview, Governor-elect Sisolak, widely regarded as a moderate, indicated that he does not intend to raise taxes. His stated priority areas include improving Nevada's educational system, addressing the intersection between mental illness and the criminal justice system, and continuing the work of outgoing Nevada Governor Brian Sandoval in attracting business to the state, particularly small businesses. For further information contact our Nevada based legislative advocate, Gabriele McGregor at 775.331.4555 or [email protected].


Auto Care Industry E-tailing Channel Expected to Grow to $28B by 2020
The trend of buying aftermarket products online is increasing at a growth rate of three times more than the total aftermarket (excluding tires and accessories), and the auto care industry must adapt and evolve in order to win on the online superhighway. To help the industry take advantage of this growth, the Auto Care Association has compiled new research in its latest report, Disruptive Trends Shaping the Future of the Auto Care Industry: E- Tailing 2018. Should you be interested in purchasing this report, contact [email protected].


Minimum Wage Increases in California Effective January 1, 2019
Minimum Wage
Remember that the California state minimum wage will increase on January 1, to $11 per hour for employers with 25 or fewer employees and to $12 per hour for employers with 26 or more employees. Should you have any questions regarding minimum wage, see Steve Marmaduke, CAWA counsel at 916.441.2430 or [email protected]. Another member benefit.

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The aftermarket service professional is our industries most important player. Discover how they are growing their businesses, building strong cultures, growing their own technicians and committing to continuous training. Listen to their stories of personal achievement. The more you know about the service professional, the better you can serve them. See details here and go to www.remarkableresults.biz.

CAWA Thanks its Major Contributors and Members for Their Support of CAWA
Thank you See this link ( https://www.cawa.org/government-affairs/major-supporters.aspx) and ask yourself if you have an interest in supporting your regional automotive aftermarket industry trade association. Notice your competition probably does! We thank all our supporters for their confidence in CAWA to promote and protect their interests and that of their customers in the three states we represent out west.

Court of Appeal Decision Narrows Use of Employee Non-Solicitation Provisions
It is well-established that restrictive covenants are prohibited by statute in California. Since the decision by the California Supreme Court that partial restraints like customer non-solicitation clauses were void under Business and Professions Code Section 16600, the courts have been strictly interpreting any covenant that impinges on employment opportunities. 

For example, over recent years, employers have come to understand that no-hire agreements are ordinarily off limits. However, the California Supreme Court in Edwards v. Arthur Andersen, LLP expressly declined to consider whether employee non-solicitation provisions were void, and based on prior case law, those provisions were considered valid until recently. Now, a decision by a California Court of Appeal, rejecting prior established case law, seriously calls into question whether employee non-solicit clauses restraining former employees from soliciting former co-workers to leave the company's employ are even allowed. See here for additional information. 

Contact CAWA's attorney, Steve Marmaduke with questions at 916.441.2430 or [email protected]. Another member benefit. Source: Stephen Tedesco and Melissa McDonagh

Court Holds that Company Vehicle Does Not Transform Commute into Working Time
commute
A California court recently issued a decision clarifying when certain commuting time does not constitute work time under state law. In Hernandez v. Pacific Bell Telephone Company, the California Court of Appeal, Third Appellate District, held that an employer's provision of a company vehicle to employees to use in traveling from their homes to their first customer appointments of the day and home from the last appointments of the day did not transform commute time into "hours worked." See complete article here. Source: Littler Publications

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Will You be Looking for Quality Employees in 2019?  See the Industry's Specific Job Board
The CAWA Career Center is more than just a place to post job opportunities. In fact, we offer something of far greater value than other recruitment sites. Check it out today! Your job opportunities will not only be viewed by CAWA members and friends, but members of national groups, such as, the Auto Care Association, SEMA and the Automotive Services Association to name a few of the industry partners in this service. Another member benefit.

Job Board
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