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Hawaii Bill Addresses Consumer Safety & Use of OEM/Aftermarket Parts and Prices by Stacey Phillips
A group of body shop owners and managers in the state of Hawaii have come together with a common goal: to protect consumer safety by introducing new legislation that addresses the use of OEM and aftermarket parts and who ultimately pays the price. Currently in Hawaii, aftermarket parts are permitted or required as part of a collision claim. Per Hawaii state law, insurers are allowed to ‘charge’ insureds and claimants the price difference if they prefer to use OEM parts for any reason.
§431:10C-313.6 Original equipment manufacturers and like-kind and quality parts. (a) An insurer shall make available a choice to the insured of authorizing a repair provider to utilize a like kind and quality part of an equal or better quality than the original equipment manufacturer part if such part is available or an original equipment manufacturer part for motor vehicle body repair work. If the insured or claimant chooses the use of an original equipment manufacturer part, the insured or claimant shall pay the additional cost of the original See Hawaii Bill, Page 11
California Auto Body Technicians Fail to Prove Case Alleging Minimum Wage Violations
See Technicians, Page 40
P.O. BOX 1516, CARLSBAD, CA 92018
Two body shop employees who claimed they were not paid the minimum wage required by California law failed to prove their case, the California Court of Appeal ruled. The shop’s time-keeping records, along with other testimonial evidence, contradicted the employees’ claims of unpaid working time, the court noted. Martin Juarez and Adrian Ramirez, who worked as repair technicians or “body men” at MB Body Shop, sued the shop, claiming that it failed to comply with California’s
minimum wage requirements because its piece-rate compensation system paid them only for time spent repairing vehicles and not for nonproductive time spent waiting for vehicles to be repaired, performing non-incidental cleaning activities, and attending meetings and training sessions. Ruling for the body shop, the trial court found that Juarez and Ramirez actually had little if any nonproductive time, were not responsible for cleaning and were not required to attend meetings. Juarez and Ramirez appealed. The appellate court first noted
Change Service Requested
by Joanne Deschenaux, Society for Human Resource Management
VOL. 36 ISSUE 3 MARCH 2018
CIC Industry Meetings Discuss CCC’s Changes to ‘Secure Share’, Retains Interest in EMS Format
rather than requiring the use of the newer “BMS” data export file, reducChanges that CCC Information Serv- ing development costs or forced timeices recently announced related to its lines for third-party providers to gear “Secure Share” data-exchange pro- up to receive BMS files. gram were a frequent focus of disCIC Chairman Guy Bargnes said cussion at the Collision the CIC task force that developed early last year to adIndustry Conference (CIC) dress concerns related to and other meetings held reSecure Share successfully cently in Palm Springs, CA. fulfilled CIC’s mission to CCC in December anbring industry stakeholders nounced that it was dropping together to “discuss issues, plans for a 50-cent-per-estienhance understanding, find mate fee for third-party Dan Risley providers (such as rental car common ground and comcompanies, shop management system municate possible solutions.” “This is a really great example of providers, CSI services, etc.) wishing to receive estimate data from CCC the difference that CIC can make when everybody is working together ONE users. It also eliminated registration fees for those third-parties, and for a common goal,” agreed ASA Exsaid it would continue to allow such ecutive Director Dan Risley, one of three co-chairs of the CIC task force. data transfers to be done via the comSee CCC’s Changes, Page 18 monly used “EMS” data export file by John Yoswick
A Career Painter’s Personal Experience is Cautionary Tale for Others by Ed Attanasio
Back in 1985, the actor Yul Brynner was dying from cancer when he told a television audience on “Good Morning America” that what he really wanted to do was film a commercial that said, “Now that I’m gone, I’ll tell you this: Don’t smoke. Whatever you do, just don’t smoke.” When he died several months later, his wish came true when a public service announcement was produced telling the world to quit smoking. Today, it is one of the most memorable anti-smoking statements ever made and is often re-broadcasted all over the world. In life, we learn from others’ mistakes so that we don’t repeat them. In this story, a career painter has sage advice for painters and techs who don’t wear proper gear when painting cars.
Alex Alonso and his wife, Andrea, on the beach in Florida. A former painter/tech, Alex has stage 4 kidney cancer and wants other collision professionals to be aware of the hazards associated with not wearing the proper gear on the job
Alex Alonso is 52 years old and originally from Bronx, NY. His father, Jesus, was born in Uruguay and came to the U.S. to eventually open a twoSee Cautionary Tale, Page 16
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