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Auto Body Association of Texas (ABAT) Meets in Colleyville for ‘Much Needed Dialogue’ by Barrett Smith
The Auto Body Association of Texas (ABAT) held its third meeting bringing more members of the Texas collision repair industry closer together. Following their prior meeting held this past July in Tyler, Texas (about 100 miles southeast of Dallas), on August 29th the Auto Body Association of Texas (ABAT) held a meeting in Colleyville, Texas, which is in the Dallas-Ft. Worth area. Attendees at both meetings included representatives from several large and well recognized collision repair centers from the Dallas
area as well as others from the north Texas area. Some drove in excess of two hours each way to attend. Burl Richards, ABAT’S acting president, and other founding members joined in discussing with the group the advantages of the collision industry members coming together as colleagues and the many benefits of doing so through the Auto Body Association of Texas. “The turn-outs have been great,” said Richards. “We’re further encouraged at each meeting as more and more shop owners and managers are attendSee ABAT, Page 12
Federal Court in FL to Rule on Overtime Pay Under FLSA for Auto Repair Employees
See Overtime Pay, Page 8
P.O. BOX 1516, CARLSBAD, CA 92018
A federal court case involving overtime payment for employees under the rules of the Fair Labor Standards Act (FLSA) was filed in State Court February, 2014, and removed to the Federal Florida Southern District Court in July. The court’s ruling in Smoluk v. Action Auto Body, LLC, has the potential to clarify confusing and contradictory positions from the Department of Labor and rulings by courts with regard to exempt status for employees in automotive repair. The plaintiffs, Jospeh Smoluk and Michelle Smoluk, are suing their
former employer, Franck Tatto and Action Auto Body, LLC., for damages exceeding $15,000, excluding attorneys’ fees or costs for breach of agreement and unpaid wages under the FLSA. Franck Tatto and Action Auto Body, LLC., located in Broward County, FL, deny the allegations. In court documents, the defendants say the “… Plaintiffs have been paid all wages due in full and in a timely manner.” According to the lawsuit, Jospeh Smoluk worked for Action Auto Body as a non-exempt service writer from
Change Service Requested
by Stacey Phillips, Assistant Editor
VOL. 32 ISSUE 10 OCTOBER 2014
Boyd Group Acquires Seven Champs Collision Centers in Southeast Louisiana The Boyd Group Inc. has signed a definitive agreement and concurrently closed the acquisition of Champ’s Holding Company, LLC (“Champ’s”) the company announced in a news release on Sept. 12. Champ’s is a premier full-service auto collision repair service provider in southeast Louisiana, owning and operating seven collision repair centers. Champs locations are in New Orleans, 4047 South Carrollton Ave.; Elmwood, 200 Edwards Ave, Harahan, LA; Kenner, 1601 22nd Street; Westbank, 3621 Lapalco Blvd., Harvey, LA; Northshore, 2501 Florida Street, Mandeville, LA; Hammond, 500 South Morrison Blvd.; and Baton Rouge, 6137 Siegen Lane. Champ’s has grown significantly since its inception in 1978 and gener-
ated sales of approximately $37 million for the trailing twelve months ended June 2014. This acquisition increases the number of Boyd collision repair locations to 313 across 16 states and five provinces. “We are very pleased to enter the Louisiana market which will expand our reach to new customers, increase our geographical footprint for our insurance industry partners and also provide us with another new market from which to execute our single location growth strategy,” said Brock Bulbuck, President and Chief Executive Officer of the Boyd Group. “With this acquisition we strengthen our position as the largest multi-shop operator in North America in terms of number of locations, and demonstrate our ability
by Ron Perretta
In the center, on an elevated bench were the two Honorable Judges (Presnell and Smith) who sat facing the court room, and then to my left were five attorneys sitting at the plaintiff’s table who were there representing hundreds of collision repairers from various states. To the far left, in spectator’s area were 15 or more shop owners who were plaintiffs in the lawsuits to witness this first step in what will prove to be, no doubt, a pivotal and historical event for the entire collision repair industry. When provided the opportunity to speak and ask quotations, few came from the defending attorneys. John Eaves Jr. mentioned to the courts that since the litigation, some repairers have experienced various levels of abuse from some insurers as and asked of the court to consider rendering a ruling to prohibit steering and retaliatory efforts against those repairers who are named as plaintiffs in the litigation
See Boyd Acquisition, Page 27
A First-Person Account of the Consolidated MDL Hearing in Orlando, September 11 As an observer of the initial court proceedings for the repairers Multi-District Litigation against dozens of insurers in the Orlando Federal Courthouse [on Sept. 11], I can’t tell you the feeling that I had and that other repairers present expressed while watching the proceedings. I’m not sure any words can capture the feeling but it was a feeling that I believe was long overdue for repairers... and insurer’s alike. While phones and cameras were not allowed in the courthouse, the picture of the hearing was one I wish every repairer could have seen. I was sitting at the back of the courtroom, close to center and from my view point I saw 50 plus attorneys who were there representing the 40 plus defendant insurers, all in dark suits, sitting side by side, row after row along the entire right side of the court room.
See MDL Opens, Page 13
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