Proposed Call-In Pay Regulations Update (3/19)
March 1, 2019
As you should know, the New York State Car Wash Association, (NYSCWA) along with many other businesses as well as The Business Council of New York State, have been fighting the Department of Labor’s Call In/Call Out proposed regulations for more than a year. I was made aware that according to a Department of Labor (DOL) spokesperson the DOL has decided to allow the proposed regulations to expire and not pursue their implementation.
According to an article in The Albany Business Review written by reporter Liz Young, “Department officials said they realized their intention to support workers was being viewed as a one-size-fits-all approach that didn’t work for every industry after holding hearings and taking public comments.” When they revised the rules in December, the results were “praised by opponents and criticized by supporters,” said Jill Aurora, a spokeswoman for the state labor department.
That’s why officials are dropping the proposal for now, she said.
“At this time, due to the constraints of the regulatory process, the best course of action is to let this process expire and re-evaluate in the future, likely in concert with the Legislature, which would have a broader authority and better legal standing than Department of Labor regulations alone to balance the various needs of workers, businesses and industries,” Aurora said in a statement.
I would like to specifically thank Tom Hoffman, Jr. with Hoffman Car Wash, Ron and Brett Benderson with Delta Sonic, Jeff Gold with Buckman’s Car Wash, our NYSCWA Executive Director Suzanne Stansbury, NYSCWA Lobbyist William Crowell and NYS Senator Rich Funkie (R), 55th District, for their tireless efforts to keep the message that these regulations were bad for employees and would ultimately hurt the employees the DOL was trying to protect. The NYSCWA would also like to thank all the operators and employees who wrote letters, called their representatives, and attended hearings in opposition to the regulations.
According to our lobbyist, Bill Crowell, there may have been several external forces that played a key role in the DOL decision to back away from the proposed regulations, however, a key factor was that the NYSCWA helped keep the impact of their regulations as job killers in New York State in the forefront of conversations with legislators and the DOL.
While this is certainly good news, there is a strong likelihood that the proposal will resurface as a legislative issue, and while the prospect of a legislative approach is certainly better than a regulatory one, we must stay focused on the message that these types of policies, whether DOL regulations or laws, pose a threat to jobs in New York State.
Click on the Links Below for More Information
Senate Commerce Hearing Recap
Find Your Senator
Contact your Senator
NYSCWA President’s Statement
scheduling cost spreadsheet – template
Senator Funke Letter
NYSCWA Position Paper (2019)
NYSCWA Position Paper – Expanded Comments 2018
NYSCWA Position Paper
Call-In Pay Changes
Editorial: Labor Department rules threaten jobs for young people
Wall Street Journal: Carwash Cheated Workers, New York Attorney General Says
Business Review article
A.G. Schneiderman Sues Tropical Breeze Car Wash For Allegedly Cheating Over 150 Minimum Wage Employees Out Of More Than $540,000 In Wages And Benefits
State’s ‘call-in pay’ proposal concerns small business owners
Tip Credit Update (1/19)
The New York State Department of Labor (DOL) has still not decided whether or not to eliminate or change the sub-minimum wage for tipped workers.
Under New York law, tipped workers can be paid less than minimum wage by employers who must make up the difference if it is not covered by tips. The Governor still feels that eliminating the tip credit will
protect immigrants and others from wage theft. It has been reported that restauranteurs oppose the elimination of the tip credit as do fast food workers and carwash owners who use the tip credit.
Here’s a link to the DOL’s website that outlines the hourly wage rate as well as the cash wage paid by an employer and the credit for tips received.
For any additional information on the tip credit contact the New York State Department of Labor at https://www.labor.ny.gov/home/
Tip Credit Talking Points
Micrologic Associates owner, Miguel Gonzalez, and his family
got a very special photo op and shot on the Jumbotron at the New York State Car Wash Association’s Annual Mets event, May 31, as the event’s Field Photo Op Sponsor. Pictured are Antonio, Nicholas, Miguel, Victoria, Patrick and Sharon Gonzalez.
Mets Loss Didn’t Put a Damper on the Fun!
Despite a lackluster showing by the New York Mets on May 31 on their home turf, the New York State Car Wash Association’s (NYSCWA) annual Mets Event wasn’t a total washout, according to NYSCWA President Walt Hartl. “Well, they lost 5-1 to the Cubs, and that was disappointing, but our event is never a disappointment,” said Hartl. “This event is a great opportunity to share a fantastic ballpark suite with plenty of food, drink and friendships at the ballpark.”
Hartl wanted to thank event Chairman, Mike Benmosche, for his hard work on this event and Stuart Rosenberg for opening up the door to the Mets for the association.
Special thanks to event sponsors:
√ Field Photo Op Sponsor, Micrologic Associates
√ Grand Slam Sponsor, ICS
√ Game Giveaway Sponsor, Simoniz USA
√ Triple Play Sponsor, ZEP Vehicle Care
√ Ball Park Frank Sponsor, ZEP Vehicle Care
For information on how to contact these sponsors call the NYSCWA office at 800/287-6604.
Wash Tour Visits Hudson Valley Sites
The New York State Car Wash Association (NYSCWA) headed south to the Hudson Valley to tour washes in the Middletown, NY, market on May 9. A picture-perfect spring day was the backdrop for a chartered tour of three unique washes. First on the lineup was Bay Wash owned by Steve Canale. This wash featured a Petit 360-i touch-free inbay with five traditional Dilling-Harris equipped bays built in 2001. The site also features a Diskin Systems air shammee and Simoniz solutions. The location’s self-storage facility houses 288 units and acts as a perfect yin to the wash yang boasting its busy season in the summer.
Next on the tour was Hambletonian Auto Spa owned by Tim and Laureen Somers. This beauty boasts a 130-foot full service Coleman Hanna tunnel, DRB controls with Carwash Products’ solutions and a Simoniz Hot Wax & Shine unit. It also boasts an expansive gift shop, quick lube and a comprehensive Service Center.
The last stop on the tour, Wash Co., featured a barbecue buffet and ice cream sundaes compliments of the Sheeley family and ICS. Wash Co, their new ground up site, features a 160-foot MacNeil-equipped tunnel, a Petit 360-t, ICS controls, 22 Vacutech vacs, Simoniz solutions and a 4,000 square foot state-of-the-art Laundromat. The family sold their previous washes to build this flagship where attention to detail abounds!
Event sponsors included: BBQ Lunch; ICS & the Sheeley Family; Bus Sponsor, Simoniz USA; Tent Sponsor, MacNeil Wash Systems/Ryko Solutions; Dessert Sponsor, Petit Auto Wash; Beverage Sponsor, EarthCare and Snack Sponsor, Vacutech.
September 23-25, 2019
2019 Spring Carwash Tour
Heads to Auburn!!!!
read all about it>>>
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The NYSCWA is a new partner with the ICA’s WaterSavers™ program! All NYSCWA members are eligible and you DO NOT need to be a member of the ICA to participate. This program is designed to help carwash owners and operators promote their environmentally-friendly business practices and educate consumers about the environmental benefits of professional carwashing. To sign up visit icawatersavers.com. Consumers can learn more about this program at www.washwithwatersavers.com
FREE 24/7 Online Car Wash Safety Training
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NYSCWA Political Action Committee
The New York State Car Wash Association Political Action Commitee (PAC) is designed to help our lobbyist attend key fundraisers at the state capitol. This helps spread the word about the merits of professional carwashing and the issues that operators across the state face on a daily basis. The PAC is funded by donations that are used solely for this purpose. All money in the PAC is reported to the state in a semi-annual report.
Donations can be made in any amount up to $5,000 annually. To make a donation simply complete the form at the top of this page and mail it to the address listed along with your check. We appreciate all of your support !
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